Terms of Service

1. Acceptance of Terms

By accessing or using the Axiarete.ai website (the "Site") or any related services (collectively, the "Services"), you ("you," "your," or "User") agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, do not access or use the Services. These Terms form a legally-binding agreement between you and Axiarete, Inc. ("Axiarete," "we," "our," or "us").

These Terms apply to all users, including but not limited to visitors, registered users, customers, and internal employees accessing the Services.

2. Changes to Terms

We may update these Terms from time to time. Material changes become effective 30 days after we post the revised Terms on the Site or provide notice via email. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. We maintain a version history of these Terms and will clearly indicate the date of last update.

3. Eligibility & Scope

You must be at least 18 years old and have legal capacity to enter a contract to use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Account Registration & Security

Some features may require creating an account. You agree to (a) provide accurate, current, and complete information, (b) maintain the security of your credentials, and (c) promptly notify us of any unauthorized use. You are responsible for all activities that occur under your account.

We implement strong authentication mechanisms including optional multi-factor authentication (MFA) to protect your account. We strongly recommend enabling MFA for enhanced security.

5. Security Commitments

Axiarete is committed to maintaining the highest standards of security to protect your data and ensure the integrity of our Services. Our comprehensive security program includes:

5.1 Technical Security Controls

• Encryption: All data is encrypted in transit using TLS 1.2 or higher, and sensitive data at rest is encrypted using AES-256 encryption
• Access Controls: Role-based access control (RBAC) with principle of least privilege, multi-factor authentication for administrative access
• Network Security: Firewalls, intrusion detection/prevention systems (IDS/IPS), and network segmentation
• Application Security: Secure software development lifecycle (SSDLC), regular code reviews, static and dynamic application security testing
• Vulnerability Management: Regular vulnerability scanning, penetration testing at least annually, and prompt patching procedures
• Monitoring: 24/7 security monitoring, real-time threat detection, and automated alerting

5.2 Operational Security

• Incident Response: Documented incident response plan with defined roles and responsibilities, regular tabletop exercises
• Change Management: Formal change control procedures for all system modifications
• Asset Management: Complete inventory of all information assets with classification levels
• Logging and Monitoring: Comprehensive audit logging with tamper-proof log storage
• Security Training: Annual security awareness training for all employees, role-specific security training

5.3 Compliance and Certifications

Our security practices are independently validated through:

• SOC 2 Type II: Annual audit covering Security, Availability, Processing Integrity, Confidentiality, and Privacy trust service criteria
• ISO/IEC 27001:2022: Certified Information Security Management System
• NIST Cybersecurity Framework: Aligned with NIST CSF best practices
• Regular Third-Party Assessments: Annual penetration testing and security assessments by qualified independent firms

5.4 Data Center Security

Our infrastructure is hosted in world-class data centers that maintain:

• Physical access controls with biometric authentication
• 24/7 security personnel and CCTV surveillance
• Environmental controls and fire suppression systems
• Redundant power and cooling systems
• SOC 2 and ISO 27001 certifications

6. Availability Commitments

Axiarete commits to maintaining high availability of our Services to ensure you can reliably access and use our AI-powered software optimization platform.

6.1 Service Level Agreement (SLA)

We commit to the following availability targets:

Note: Scheduled maintenance windows are excluded from availability calculations and will be announced at least 72 hours in advance.

6.2 Infrastructure Redundancy

• Multi-Region Deployment: Services deployed across multiple geographic regions for resilience
• Load Balancing: Automatic traffic distribution across healthy instances
• Auto-Scaling: Dynamic resource allocation to handle varying loads
• Database Replication: Real-time data replication with automatic failover
• Backup Systems: Regular automated backups with point-in-time recovery capability

6.3 Business Continuity and Disaster Recovery

• Recovery Time Objective (RTO): Maximum 4 hours for critical services
• Recovery Point Objective (RPO): Maximum 1 hour of data loss
• Disaster Recovery Testing: Semi-annual DR drills and testing
• Business Continuity Plan: Documented and regularly updated BCP
• Geographic Distribution: Data and services distributed across multiple availability zones

6.4 Performance Commitments

• Response Time: 95% of API requests will receive a response within 1 second
• Throughput: System designed to handle minimum 10,000 concurrent users
• Scalability: Elastic infrastructure to accommodate growth without degradation

7. Confidentiality & Data Protection

7.1 Definition.

"Confidential Information" means non-public business, technical, or personal information disclosed by either party in connection with the Services. It does not include information that is or becomes public through no fault of the receiving party, is independently developed without the disclosing party's information, or is rightfully obtained from a third party without duty of confidentiality.

7.2 Confidentiality Obligations.

Each party will:

• protect the other's Confidential Information with at least the same degree of care it uses for its own confidential information (and no less than reasonable care);
• use such information only as necessary to perform or receive the Services;
• not disclose such information to any third party except to its personnel and service providers who need to know and are bound by written confidentiality obligations at least as protective as these Terms;
• implement appropriate technical and organizational measures to protect against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

7.3 Data Classification and Handling

We classify and handle data according to sensitivity levels:

• Public: Information intended for public disclosure
• Internal: Non-public business information with basic protection requirements
• Confidential: Sensitive business or personal information requiring enhanced protection
• Restricted: Highly sensitive information with maximum protection requirements

Each classification level has defined handling procedures, access controls, and protection requirements.

7.4 Employee Confidentiality

All Axiarete employees and contractors are:

• Subject to comprehensive background checks
• Required to sign confidentiality and non-disclosure agreements
• Trained on data protection and confidentiality requirements
• Subject to ongoing monitoring and compliance verification

7.5 Legal Requests.

If the receiving party is compelled by law to disclose Confidential Information, it will provide prompt notice (unless legally prohibited) and cooperate to seek protective measures.

7.6 Aggregated Data.

Axiarete may process and aggregate data derived from the Services in de-identified form for analytics and service improvement. Such aggregated data will not identify you and is not Confidential Information.

7.7 Data Retention and Deletion

Upon termination of Services or upon request:

• Customer data will be available for export for 30 days
• All customer data will be securely deleted within 90 days
• Deletion includes all backups and replicated data
• Certificate of deletion available upon request

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains in detail how we collect, use, protect, and respect personal data. The Privacy Policy is incorporated by reference into these Terms and details our commitments to privacy and data protection compliance. By using the Services, you acknowledge that we process personal data in accordance with that policy.

Key privacy commitments include:

• Transparent data collection and use practices
• Strong data subject rights including access, correction, and deletion
• Privacy by design and default principles
• Regular privacy impact assessments
• Compliance with applicable privacy laws including GDPR, CCPA, and other regulations

9. Intellectual Property & License

The Site, Services, and all related content (including software, text, images, and trademarks) are owned by or licensed to Axiarete and protected by intellectual-property laws. Subject to these Terms, Axiarete grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. All rights not expressly granted are reserved.

You retain all rights to your data and content uploaded to the Services. You grant Axiarete a limited license to use your content solely to provide and improve the Services.

10. Prohibited Conduct

You agree not to:

• reverse-engineer or attempt to derive the source code of the Services;
• interfere with or disrupt the Services or servers or networks connected to the Services;
• use the Services to infringe or misappropriate any person's rights;
• upload viruses, malware, or other malicious code;
• share the Services with unauthorized third parties;
• use the Services in violation of any applicable law or regulation;
• attempt to gain unauthorized access to any portion of the Services;
• use automated means to access the Services without our express permission;
• violate the security or integrity of any network, computer, or communications system.

11. Third-Party Services & Links

The Services may contain links to or integrate with third-party services. Axiarete does not control and is not responsible for third-party content or practices. Your use of third-party services is at your own risk and subject to their terms. We conduct security assessments of critical third-party integrations to maintain security standards.

12. Service Support

Axiarete provides technical support for the Services according to the following standards:

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," EXCEPT FOR THE EXPRESS COMMITMENTS MADE IN THESE TERMS REGARDING SECURITY, AVAILABILITY, AND CONFIDENTIALITY. AXIARETE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND—EXPRESS, IMPLIED, OR STATUTORY—including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free beyond our stated availability commitments, or meet all your requirements.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXIARETE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. AXIARETE'S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF USD 100 OR THE AMOUNTS YOU PAID TO AXIARETE FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO BREACHES OF CONFIDENTIALITY OBLIGATIONS OR INDEMNIFICATION OBLIGATIONS.

15. Indemnification

You agree to defend, indemnify, and hold harmless Axiarete and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms, (b) your misuse of the Services, or (c) your infringement of any third-party rights.

Axiarete will defend, indemnify, and hold you harmless from any third-party claims that the Services infringe any patent, copyright, or trademark, provided you promptly notify us and cooperate in the defense.

16. Termination

We may suspend or terminate your access to the Services at any time for conduct that we believe violates these Terms or is otherwise harmful, with notice except in cases of severe violations. Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Data handling upon termination follows the procedures outlined in Section 7.7.

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