Terms of Service

1. Acceptance of Terms

By accessing or using any perfecXion.ai service, product, or website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you (either an individual or entity) and perfecXion.ai. You must be at least 18 years old to use our Services.

2. Description of Services

perfecXion.ai provides AI security and compliance solutions, including but not limited to:

• • AI red team testing and vulnerability assessment
• • Real-time AI monitoring and threat detection
• • Compliance management and reporting tools
• • AI safety guardrails and protection systems
• • Security APIs and integration services
• • Technical documentation and support

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We will provide reasonable notice for material changes that adversely affect your use of the Services.

Service Level Agreement

Enterprise customers may be eligible for Service Level Agreements (SLAs) as specified in their subscription plan. SLA terms, including uptime guarantees and support response times, are documented separately in your service agreement.

3. Use License and Restrictions

License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes.

Restrictions

You may not:

• • Use our Services for any illegal or unauthorized purpose
• • Reverse engineer, decompile, or disassemble our software
• • Use our Services to attack or harm other systems
• • Resell or redistribute our Services without written permission
• • Remove or alter any proprietary notices
• • Use our Services to develop competing products
• • Exceed usage limits or circumvent access controls

4. User Responsibilities

You are responsible for:

• • Maintaining the confidentiality of your account credentials
• • All activities that occur under your account
• • Ensuring your use complies with applicable laws and regulations
• • Obtaining necessary permissions before testing third-party systems
• • Backing up your data and configurations
• • Promptly reporting any security breaches or unauthorized access

Data Accuracy

You represent and warrant that all information you provide to us is accurate, current, and complete. You agree to maintain and update this information as needed.

5. Intellectual Property

Our Property

All intellectual property rights in our Services, including software, algorithms, documentation, and branding, remain with perfecXion.ai or our licensors. These Terms do not grant you any rights to our intellectual property except as expressly stated.

AI Models and Algorithms

Our proprietary AI models, machine learning algorithms, and security detection patterns are trade secrets and confidential information. You may not attempt to extract, reverse engineer, or replicate our AI systems.

Your Data

You retain all rights to your data. By using our Services, you grant us a limited license to process your data solely to provide the Services and as described in our Privacy Policy.

Security Findings

Security vulnerabilities and findings discovered through our Services belong to you. However, we may use anonymized and aggregated threat intelligence to improve our Services and protect other customers.

Feedback

Any feedback, suggestions, or ideas you provide about our Services may be used by us without compensation or attribution to you.

6. Payment Terms

Fees

You agree to pay all fees associated with your use of our Services according to your subscription plan or as otherwise agreed in writing. All fees are non-refundable except as required by law.

Payment Processing

Payments are processed through third-party payment providers. You authorize us to charge your payment method for all fees due. You are responsible for keeping payment information current.

Taxes

Fees do not include taxes. You are responsible for all applicable taxes related to your use of our Services, except for taxes based on our net income.

7. Warranties and Disclaimers

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. You acknowledge that AI security testing involves inherent risks and limitations.

8. Limitation of Liability

Our total liability for any claims under these Terms shall not exceed the amount you paid us in the twelve months preceding the claim.

Security Testing Disclaimer

perfecXion.ai is not liable for any damages resulting from security testing activities, including but not limited to system downtime, data corruption, or business interruption. You are solely responsible for obtaining proper authorization and backing up systems before testing.

Professional Liability

Our Services are tools to assist security professionals. We do not provide professional security consulting services. You should engage qualified security professionals to interpret and act on our findings.

Indemnification

You agree to indemnify and hold harmless perfecXion.ai from any claims, damages, or expenses arising from your violation of these Terms or misuse of our Services, including unauthorized security testing.

9. Data Processing and Privacy

Data Processing Agreement

For enterprise customers processing personal data, we offer a Data Processing Agreement (DPA) that governs our processing of personal data on your behalf. The DPA includes appropriate technical and organizational measures to protect personal data.

Privacy Compliance

We comply with applicable data protection laws including GDPR and CCPA. Our detailed privacy practices are described in our Privacy Policy.

Data Retention

We retain your data only as long as necessary to provide our Services and comply with legal obligations. You may request deletion of your data at any time, subject to our retention requirements.

10. Security Testing Terms

Authorized Testing Only

You represent and warrant that you have full authorization to conduct security testing on any systems tested using our Services. Unauthorized testing may violate computer fraud and abuse laws.

Testing Limitations

• • Do not test systems you do not own or lack permission to test
• • Avoid testing that could cause service disruption or data loss
• • Do not use our Services to exploit discovered vulnerabilities
• • Report critical vulnerabilities through responsible disclosure
• • Comply with all applicable laws and regulations

AI Model Limitations

Our AI models are trained on diverse datasets but may not detect all security issues. False positives and false negatives are possible. Always validate findings with manual review and additional testing.

11. Termination

Termination by Either Party

Either party may terminate these Terms at any time with written notice. Upon termination, your right to use our Services will immediately cease.

Effect of Termination

Upon termination:

• • Your access to our Services will be disabled
• • You must cease all use of our Services
• • You must return or destroy any confidential information
• • Accrued fees remain due and payable
• • Sections that by their nature should survive will remain in effect

12. Governing Law

Applicable Law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association.

General Provisions

• • These Terms constitute the entire agreement between the parties
• • If any provision is found unenforceable, the rest remains valid
• • Our failure to enforce any right is not a waiver
• • You may not assign these Terms without our written consent
• • Notices must be sent to legal@perfecxion.ai

Contact Information

If you have questions about these Terms of Service, please contact us: