Terms of Service

1. Scope & Agreement

These Terms govern all access to and use of the Services by you and your Authorized Users. If you execute a separate written order form, master services agreement, or data processing agreement with Authyntic, those documents supplement these Terms. In the event of conflict, the documents will prevail in the following order unless expressly stated otherwise: (1) any mutually signed order form or amendment, (2) any data processing agreement, (3) these Terms, and (4) any referenced policies such as our Acceptable Use Policy.

If you are entering into this agreement on behalf of an organization, you represent that you have the authority to bind that organization. You may not use the Services if you do not accept the Terms.

2. Eligibility & Account Registration

You must be at least 18 years old and capable of forming a binding contract to use the Services. To access certain features, you must create an account, provide accurate information, and keep your credentials confidential. You are responsible for all activities under your account and must promptly notify Authyntic of any unauthorized use.

3. Services & Service Levels

Authyntic provides autonomous defense orchestration, monitoring, and deployment solutions. We deliver the Services in accordance with applicable documentation, product descriptions, and any service level commitments expressly agreed to in writing. We may update the Services to improve functionality, security, or compliance, provided that we will not materially reduce overall functionality without providing comparable alternatives.

Authyntic may use third-party hosting providers, open-source components, or integrations to deliver the Services. We remain responsible for their performance to the extent we control the configuration and operations necessary to deliver the Services to you.

4. Acceptable Use & Security

You and your Authorized Users must comply with our Acceptable Use Policy and all applicable laws. You may not:

• Interfere with or disrupt the integrity or performance of the Services;
• Probe, scan, or test the vulnerability of the Services without express authorization;
• Use the Services for activities that are fraudulent, deceptive, malicious, or harmful;
• Transmit malicious code or infringe third-party rights;
• Attempt to circumvent security controls or access accounts, networks, or data without permission.

You must implement reasonable security controls for any systems that interact with the Services, promptly remediate vulnerabilities you discover, and immediately notify Authyntic at founders@authynticdefense.com of suspected security incidents that involve the Services.

5. Fees, Billing & Taxes

Fees for paid Services are described in applicable order forms, statements of work, or price lists. Unless otherwise stated, fees are invoiced in advance, due within 30 days of invoice date, and exclude taxes, duties, and similar assessments. You are responsible for all taxes associated with the Services except taxes based on Authyntic’s income.

Unpaid amounts may accrue late interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend the Services for non-payment after providing at least 10 days’ prior notice.

6. Customer Data & Privacy

“Customer Data” means data, content, code, or materials you submit to the Services. You retain all rights to Customer Data. You grant Authyntic a limited, worldwide, non-exclusive license to host, process, and transmit Customer Data solely as necessary to provide, secure, and support the Services and as otherwise permitted under these Terms.

Authyntic processes personal data in accordance with our Privacy Policy. Where required by applicable privacy laws, the parties will enter into a separate data processing agreement. You are responsible for obtaining all necessary consents and authorizations to submit Customer Data to the Services.

7. Intellectual Property

Authyntic and its licensors retain all right, title, and interest in and to the Services, including software, code, models, interfaces, designs, and trademarks, together with all related intellectual property rights. No rights are granted by implication. You may not reverse engineer, decompile, or attempt to derive the source code of any proprietary components of the Services except to the extent permitted by applicable law.

You may provide feedback, suggestions, or feature requests. Authyntic may use feedback without restriction and without obligation to you.

8. Confidentiality & Security Measures

“Confidential Information” includes non-public information disclosed by either party that is designated as confidential or would reasonably be understood to be confidential. Each party will protect the other’s Confidential Information using the same care it applies to its own (but not less than reasonable care) and may use it only to fulfill obligations under these Terms. These obligations survive for three (3) years after disclosure, except that trade secrets remain protected until they no longer qualify as trade secrets.

Authyntic will maintain an industry-standard information security program with technical and organizational measures designed to protect Customer Data against unauthorized access, use, or disclosure, including encryption in transit, access controls, and continuous monitoring of critical infrastructure.

9. Warranties & Disclaimers

Authyntic warrants that it will provide the Services in a professional manner consistent with generally accepted industry standards. To the extent permitted by law, Authyntic disclaims all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Services are provided “as is” and “as available.” Authyntic does not warrant that the Services will be uninterrupted or error free or that they will detect or prevent all security events.

10. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for consequential, incidental, indirect, special, exemplary, or punitive damages, or for lost profits, revenues, savings, or data, even if advised of the possibility of such damages. Each party’s total cumulative liability arising out of or relating to the Services is limited to the fees actually paid or payable by you to Authyntic for the Services giving rise to the claim in the twelve (12) months preceding the event giving rise to the liability. These limitations do not apply to breaches of confidentiality obligations, infringement of intellectual property rights, or your payment obligations.

11. Indemnification

Authyntic will defend and indemnify you against third-party claims alleging that the Services infringe any U.S. intellectual property right, provided that you promptly notify Authyntic of the claim, allow Authyntic to control the defense, and cooperate at Authyntic’s expense. Authyntic may (a) obtain the right for you to continue using the Services, (b) replace or modify the Services so they become non-infringing, or (c) terminate the affected Services and refund prepaid fees for the unused period. This obligation does not apply to claims arising from Customer Data, unauthorized modifications, or combination of the Services with third-party products.

You will defend and indemnify Authyntic against claims arising from your Customer Data, your breach of these Terms, or your violation of applicable law.

12. Suspension & Termination

Either party may terminate these Terms for material breach if the breach remains uncured thirty (30) days after written notice. Authyntic may suspend or limit the Services immediately if necessary to prevent harm to the Services, other customers, or third parties. Upon termination, you must stop using the Services. We will make Customer Data available for export for at least thirty (30) days after termination unless prohibited by law or court order.

13. Compliance & Export

You must comply with all applicable laws, regulations, and industry requirements, including anti-corruption, sanctions, export control, and cyber defense laws. You represent that you are not located in, organized under the laws of, or otherwise ordinarily resident in any country or region subject to comprehensive U.S. trade sanctions. You may not export or re-export the Services except in compliance with U.S. export laws and regulations.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles. The parties agree to resolve disputes through good-faith negotiations. If a dispute cannot be resolved within thirty (30) days, either party may initiate binding arbitration under the rules of the American Arbitration Association in Austin, Texas. Judgment on the award may be entered in any court with jurisdiction. Either party may seek injunctive relief in court for claims involving misuse of Confidential Information or intellectual property rights.

15. Changes to the Terms

We may revise these Terms to reflect changes in the Services, applicable law, or business practices. We will post the updated Terms with a new effective date and, if the changes are material, provide reasonable advance notice via email or your account. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

16. Miscellaneous

These Terms are the entire agreement between the parties concerning the Services and supersede prior understandings. Neither party may assign these Terms without the other’s prior written consent, except either party may assign to an affiliate or in connection with a merger, acquisition, or sale of assets. Any waiver must be in writing. If any provision is unenforceable, the remaining provisions remain in effect. Nothing in these Terms creates an agency, partnership, or joint venture.

17. Contact

For questions regarding these Terms, please contact:

18. Definitions

“Authorized Users” means individuals or entities you permit to access the Services.

“Customer Data” means any data, content, code, or materials you or your Authorized Users submit to the Services.

“Documentation” means user guides, support articles, runbooks, or specifications provided by Authyntic.

“Services” means the Authyntic autonomous defense platform, including software, APIs, agents, dashboards, and related support offerings provided under these Terms.