Effective Date: January 1, 2025
Last Updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you and AIFox AI, Inc. ("AIFox AI," "we," "us," or "our"), a Delaware corporation headquartered at 2100 Geng Rd, Suite 400, Palo Alto, CA 94303. These Terms govern your access to and use of our website at aifoxai.com and our AI-powered cybersecurity platform and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
AIFox AI provides an AI-powered cybersecurity platform that includes threat detection, automated incident response, cloud security posture management, compliance automation, and threat intelligence services. The specific features and capabilities available to you depend on your subscription plan and the terms of your enterprise agreement, if applicable.
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to your account.
AIFox AI is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, are owned by AIFox AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. Nothing in these Terms transfers any intellectual property ownership to you.
You retain ownership of all data you submit to the Services. You grant AIFox AI a limited license to process your data solely to provide the Services to you. AIFox AI will not sell your data to third parties or use it for any purpose other than providing and improving the Services as set forth in our Data Processing Agreement.
You represent and warrant that you have the right to submit all data you provide to the Services and that doing so does not violate any third-party rights or applicable law.
Fees for the Services are as specified in your order or subscription agreement. All fees are due as specified therein. Except as expressly provided in these Terms or your agreement, all fees are non-refundable. We reserve the right to modify pricing with thirty (30) days written notice. Continued use after price changes take effect constitutes acceptance of the new pricing.
Each party agrees to hold the other party's confidential information in strict confidence and not to disclose it to third parties except as necessary to fulfill obligations under these Terms, as required by law, or with the disclosing party's prior written consent. This obligation survives termination of these Terms for a period of three (3) years.
AIFox AI warrants that the Services will perform materially in accordance with the applicable documentation under normal use. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
AIFox AI does not warrant that the Services will detect all security threats, prevent all security incidents, or eliminate all cybersecurity risks. Cybersecurity involves inherent uncertainties that cannot be completely eliminated by any technology or service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIFOX AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AIFOX AI'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF THE FEES PAID BY YOU TO AIFOX AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE THOUSAND DOLLARS ($1,000).
You agree to defend, indemnify, and hold harmless AIFox AI and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
Either party may terminate these Terms or any agreement with thirty (30) days written notice. AIFox AI may terminate immediately upon your material breach of these Terms. Upon termination, your right to access the Services ceases. You may export your data for up to thirty (30) days following termination. After that period, we may delete your data in accordance with our data retention policy.
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 legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Santa Clara County, California, and the parties hereby consent to the personal jurisdiction and venue of such courts.
We reserve the right to modify these Terms at any time. We will provide at least thirty (30) days notice of material changes by posting the updated Terms on our website and, where possible, by email notification to registered users. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.
Questions about these Terms of Service should be directed to: AIFox AI, Inc., 2100 Geng Rd, Suite 400, Palo Alto, CA 94303, security@aifoxai.com.
AIFox AI shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, internet or telecommunications failures, cyberattacks on AIFox AI infrastructure, power outages, or civil unrest.
These Terms, together with our Privacy Policy, Cookie Policy, and any applicable enterprise agreement or data processing agreement, constitute the entire agreement between you and AIFox AI regarding your use of the Services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AIFox AI's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
You may not assign these Terms or any rights hereunder without AIFox AI's prior written consent. AIFox AI may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section shall be null and void.
You agree that your use of the Services, including clicking "Accept," constitutes your electronic signature, and that such electronic signatures are legally binding to the same extent as written signatures. Records of your acceptance of these Terms are maintained by AIFox AI in electronic form and are legally sufficient to satisfy any writing requirement under applicable law.
If you provide AIFox AI with feedback, suggestions, or ideas regarding the Services, you grant AIFox AI a royalty-free, worldwide, irrevocable, perpetual license to use, reproduce, modify, and incorporate the Feedback into the Services without any obligation of confidentiality or compensation to you.
The Services may be subject to U.S. export controls and sanctions. You represent and warrant that you are not located in a country subject to a U.S. government embargo and that you are not identified on any U.S. government restricted party list. You agree to comply with all applicable export control laws and regulations in connection with your use of the Services.
Notices to AIFox AI under these Terms must be in writing and delivered to: AIFox AI, Inc., Legal Department, 2100 Geng Rd, Suite 400, Palo Alto, CA 94303, or by email to security@aifoxai.com with written confirmation of receipt. AIFox AI may provide notices to you via email to the address associated with your account, or by posting a notice on our website. Notices are effective upon delivery.
These Terms do not create a partnership, joint venture, employment, or agency relationship between you and AIFox AI. Neither party has the authority to bind the other or to incur any obligation on behalf of the other without express prior written authorization.