Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the services, products, and websites (collectively, the "Services") provided by Secure Enclave, Inc. ("Secure Enclave," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Secure Enclave provides enterprise data protection, encryption, compliance automation, and threat detection services. The specific features and functionality available to you depend on your subscription plan and any additional agreements between you and Secure Enclave.

3. Account Registration

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Acceptable Use

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Reverse engineer, decompile, or disassemble any aspect of our Services
• Use the Services for any purpose other than their intended use

5. Intellectual Property

All content, features, and functionality of our Services, including but not limited to software, text, graphics, logos, and trademarks, are owned by Secure Enclave or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Services without our prior written consent.

6. Customer Data

You retain all rights to data you submit to our Services ("Customer Data"). You grant us a limited license to use Customer Data solely to provide, maintain, and improve our Services. We will not access, use, or disclose Customer Data except as necessary to provide our Services or as required by law.

We implement industry-standard security measures to protect Customer Data, as described in our Security Documentation and Data Processing Agreement.

7. Payment Terms

If you subscribe to a paid plan, you agree to pay all fees associated with your subscription. Fees are non-refundable except as expressly stated in your subscription agreement. We reserve the right to change our pricing with 30 days' notice. Failure to pay fees may result in suspension or termination of your account.

8. Service Level Agreement

For paid subscriptions, Secure Enclave provides a Service Level Agreement (SLA) with uptime commitments as specified in your subscription plan. Details of our SLA, including service credits for downtime, are available upon request.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECURE ENCLAVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SECURE ENCLAVE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Secure Enclave and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of our Services or violation of these Terms.

11. Termination

Either party may terminate these Terms at any time. Upon termination, your right to access and use the Services will immediately cease. We will provide you with a reasonable period to export your Customer Data. Sections that by their nature should survive termination will survive, including intellectual property, limitation of liability, and indemnification.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in San Francisco County, California.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after the effective date of revised Terms constitutes your acceptance of the changes.

14. Contact Information

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