Terms of Service

3.1 Right of Access. Subject to these Terms of Service, we grant you a limited, non-exclusive, nontransferable, and revocable right of access or license, as applicable, to: (A) review, engage with, and use the Online Platform as described in this Section on any mobile device or computer owned or otherwise controlled by you for your own internal personal and business purposes; (B) test, access, register, review, and use for your personal or business use on your mobile device or computer the Content, features, functionality, Input mechanics, generative services, and other Platform Services hosted on our Online Platform, including the Outputs (defined below), and solutions generated through those Platform Services; and (C) reproduce, distribute, review, download, and otherwise access and display all Outputs generated through the Platform Services solely for your internal business or personal purposes in accordance with these Terms of Service (collectively, the “Right of Access”).

3.2 Availability and Access. From time to time, at our discretion, we may restrict your access to certain portions of the Online Platform if we believe that you are in breach of these Terms of Service or our other published content on the Online Platform, revoking the Right of Access described in Section 3.1 above. We will not be liable to you if for any reason all or any portion of the Online Platform is unavailable at any time or for any period based on your actions or omissions that are in breach of these Terms of Service, or for any periods in which we must perform maintenance or scheduled downtime. Outside of such restrictions, maintenance, or downtime, during your subscription to the Platform Services, our Online Platform will be generally available to Members twenty-four (24) hours per day, seven (7) days per week.

3.3 Modification or Updates. The Company reserves the right, at any time, to modify or update any Platform Services (in whole or in part) or the features available to you under the Right of Access to (A) improve or more efficiently deliver our Platform Services or (B) to correct any malfunctions, errors, or defects we may detect in our monitoring of the Online Platform. You agree that the Company will not be liable to you or to any third party for any modifications or updates that are implemented to correct or improve our Platform Services (or any AI features therein) in accordance with this Section. The Company will use reasonable efforts to notify you of all modifications and updates to the Platform Services and these Terms of Service.

3.4 Termination of Access. Either you or the Company may terminate your access to the Platform Services (and thus terminate these Terms of Service) at any time through notice to the other party, or through our online termination process available through the Online Platform. On termination, you lose and forfeit the Right of Access and any further rights to use the Platform Services. However, the following items shall survive termination: (A) our rights to use and disclose any Feedback; (B) Sections 4, 7, 8, 10, and 11 of these Terms of Service; (C) our rights to seek to collect any amounts and outstanding Membership Fees you may owe to us; and (D) our rights to maintain limited information and data in accordance with our Privacy Policy.

3.5 Support Services. During your access to the Platform Services, our support personnel will exercise reasonable efforts to maintain the Services in a manner which minimizes material errors, defects, and interruptions to you, and we will provide prompt assistance to you in diagnosing and correcting errors and malfunctions of the Platform Services that may arise during your subscription. We reserve the right to respond to requests or inquiries as soon as practicable, based upon our available support personnel.

3.6 Profile Responsibilities and Security. You agree not to provide any other person with access to portions of your Member account containing your username, password, or other security information and Content. Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your secure information. We have the right to disable any username, password, or other identifier at any time, at our sole discretion for any or no reason, including if you have violated any provision of these Terms of Service.

3.7 Data & Privacy (Processing Obligations). We are committed to ensuring the maximum privacy of our users. For all Members visiting the Online Platform, all information you provide to register with or use our Online Platform is governed by our Privacy Policy, available at privacy.html (our “Privacy Policy”), and you authorize the Company to use and process information and data in the manner outlined in the Privacy Policy.

If you are subscribing to our Platform Services as a business entity or for the purpose of delivering your own services to other parties, please note that the Company will only act as a service provider and processor for purposes of your access and use activities (including for all Inputs you may submit to the AI nodes we maintain). In those scenarios, your group or entity will be the ultimate controller of all such data and Inputs, and be responsible for lawfully collecting and sharing that data with the Company. This Agreement, absent a separate data processing agreement between you and the Company, will act as your written instructions for processing of all such data and information you submit through the Platform Services (including any Inputs). Because of the secure nature of our Online Platform and independent AI nodes, we will not directly or indirectly sell any of your data to third parties or disclose any of that data for any reason other than for the strict purpose of providing the Platform Services.

3.8 Minimum Age. In accordance with the terms of our Privacy Policy, our Members must be at least 18 years of age to subscribe to and use the Online Platform.

4.1 Use of Your Content. Your inputs, prompts, submissions, documents, uploads, and generative requests to the Platform Services (each, an “Input”) and the Platform Services’ outputs, reports, and answers in response to the Input (each, an “Output”) are collectively “Content” that is governed by these Terms of Service. Within your AI node and dedicated environment of the Platform Services, you are responsible for all Content you generate and for ensuring it does not violate any applicable law or these Terms of Service (for example, if you are trying to use our Platform Services for your own personal, medical, business, professional, or other uses). As you generate Content through our Platform Services, all Content will be localized to your assigned AI node within the Platform Services, and therefore will not be accessible by the Company or third parties. We do not train or fine-tune our Platform Services and models based on your Inputs or submissions to your secure AI nodes. Accordingly, you represent and warrant that you have all necessary rights, licenses, and permissions to provide Inputs into the Platform Services, and you understand you are responsible for evaluating Outputs for accuracy before using, distributing, or relying on (or making material decisions with respect to) an Output.

4.2 Ownership and Confidentiality of Content. You retain all ownership interest, right, and title to all Inputs (including your personal, professional, or business data included therein) in connection with using the Platform Services. In addition, you may download or create local copies of all Outputs from the Platform Services, so long as you do not breach the use limitations under your Right of Access and these Terms of Service. In the generation of all such Content, the Company is committed and expressly agrees to treat all Content as strictly confidential as between you and us.

4.3 Other Intellectual Property Matters. The Online Platform, including all logos, trademarks, copyrights, slogans, content (excluding Input and Output as set forth in Section 4.1), source code, API integrations, features, software, published works and articles advertising our solutions, displays, images, graphics, and online formatting originally developed by us or our representatives (collectively, “Company Intellectual Property”) are owned by the Company, our licensors (if any), or other providers of such content, being expressly protected by United States and international copyright, trade dress, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Use of any Company Intellectual Property relating to the Online Platform without prior written authorization by the Company or outside the permitted uses in these Terms of Service is strictly prohibited. We stress that the value of our Online Platform is based, in large part, on the unique works of authorship, trade secrets, rights, generative models, generative engagement tools, and unique coding and design represented in the Online Platform we deliver. As such, we will pursue all necessary action to protect the rights underlying our Online Platform.

These Terms of Service permit you to use the Online Platform for your personal and business use (according to Section 3.1 above and the Right of Access). Accordingly, you must not unlawfully reproduce, distribute, resell, modify, or create derivative works of any of the Company Intellectual Property on our Online Platform (including the Platform Services).

BY USING THE ONLINE PLATFORM, YOU AGREE NOT TO DELETE OR ALTER ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS NOTICES FROM COPIES (OR PRINT VERSIONS) OF CONTENT AND REPORTS FROM THE ONLINE PLATFORM. EXCEPT AS SET FORTH IN THESE TERMS OF SERVICE, NO RIGHT, TITLE, OR INTEREST IN OR TO COMPANY INTELLECTUAL PROPERTY IS TRANSFERRED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY US.

5.1 Membership Fee. Access to the Platform Services on the Online Platform requires the payment of an ongoing monthly access fee that is dependent on the subscription level you elect at the time of registering your account (in each instance, the “Membership Fee”). The Membership Fee must be paid in full at the time of the payment request through our online payment to maintain access to the Platform Services from month to month. By registering to use the Platform Services and until your termination of access, you authorize the Company to automatically charge the Membership Fee to your designated payment method, doing so through our online payment system (e.g., Stripe or PayPal).

5.2 Changes to Membership Fee. The Company reserves the right to modify the Membership Fee structure at any time, in its sole discretion. Any changes to the Membership Fee will be communicated to you with reasonable notice and will become effective at the start of the next billing cycle. If you do not wish to continue your access to the Platform Services after receiving notice of a change in billing, you are free to cancel your access to the Platform Services through our online termination process.

5.3 No Refunds. All Membership Fees are non-refundable, including in the event of cancellation or termination of your Right of Access and registration to the Platform Services.

5.4 Termination for Nonpayment. Because our Membership Fee is paid according to a recurring schedule, any failure on your part to pay the Membership Fee will result in immediate termination of your Right of Access to the Platform Services, in accordance with Section 3.4 above.

5.5 Free Trials or Demos. In connection with offering you a Standard Membership, the Company may make available a 30-day free trial that permits you to evaluate the Platform Services without charge. However, at the end of the trial period, your subscription will automatically convert to a paid recurring Standard Membership (and be billed at the end of the trial period) unless you cancel before the trial ends.

10.1 Disclaimer of Warranties. ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU BY THE COMPANY AND THROUGH THE ONLINE PLATFORM, AND THE ONLINE PLATFORM ITSELF, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PLATFORM OR THE CONTENT AVAILABLE TO YOU THROUGH THE ONLINE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE PLATFORM AND ANY OF THE CONTENT YOU GENERATE THROUGH THE ONLINE PLATFORM IS UNDERTAKEN AT YOUR SOLE DISCRETION AND RISK.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS PLATFORM SERVICES AND THE ONLINE PLATFORM, AND ALSO DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS FROM THE CONTENT.

10.2 Limitation of Liability. IN NO EVENT WILL THE COMPANY BE LIABLE UNDER THESE TERMS OF SERVICE, INCLUDING ALL LINKED POLICIES OR TERMS REFERENCED HEREIN, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS THAT MAY RESULT FROM YOUR RELIANCE ON ANY OUTPUT; (C) LOSS OF GOODWILL OR REPUTATION FROM YOUR USE OF THE PLATFORM SERVICES; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY NOT CAUSED BY THE COMPANY OR OUR PLATFORM SERVICES; (E) DAMAGES ARISING OUT OF USE OF OUR SECURE AI TOOLS TO THE EXTENT NOT RELATED TO A BREACH OR OMISSION ON THE PART OF THE COMPANY; OR (F) COST OF REPLACEMENT GOODS OR SERVICES IF YOU ELECT TO TERMINATE YOUR RIGHT OF ACCESS TO THE ONLINE PLATFORM.

IN ADDITION, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE UNDER ANY LEGAL OR EQUITABLE THEORY EXCEED THE TOTAL AMOUNTS AND FEES PAID BY YOU TO THE COMPANY FOR THE PLATFORM SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LOSSES.

10.3 Indemnification. As indicated in these Terms of Service, we cannot and will not be liable for your misuse of our Online Platform, reliance on Outputs, or your breach of these Terms of Service. Accordingly, you agree to indemnify (which is a legal term of art, meaning you will compensate, reimburse, and protect us from certain losses), defend, and hold the Company and our affiliates, officers, directors, employees, representatives, licensors, agents, and client base harmless from and against any and all claims, losses, damages, judgments, costs, and expenses (including reasonable attorney fees) arising out of your misuse of our Online Platform, any violation of these Terms of Service, your reliance on any Outputs, or your failure to comply with any applicable laws in generating Content.

11.1 Entire Agreement. Except as specifically referenced or incorporated herein (for example, our Privacy Policy), these Terms of Service constitute the sole and entire agreement between you and the Company regarding the Online Platform and your use of our Platform Services. These Terms of Service supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Platform and your access to the Platform Services.

11.2 Severability. If any provision of these Terms of Service is held by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

11.3 Governing Law & Waiver of Jury Trial; Geographic Scope. All matters relating to the Online Platform and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), (A) will be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction), and (B) must be brought in the federal or state courts of the State of Nevada. IN THE INTEREST OF EXPEDITING ANY DISPUTES THAT MIGHT ARISE, YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY SUCH DISPUTE OR CLAIM, INCLUDING THOSE ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR ONLINE PLATFORM AND PLATFORM SERVICES. Although our Platform Services are available to Members in a number of jurisdictions, we are based in the United States. As such, we make no claims or representations that the Platform Services are fully accessible or appropriate for visitors outside of the United States. If you choose to access or use the Online Platform from any jurisdiction outside of the United States, you do so entirely at your own risk and initiative.

11.4 Individual Disputes Only. You agree that any dispute you may bring shall be between you individually and the Company. To the fullest extent permitted by law, you agree that: (A) no dispute will be joined with any other; (B) there is no right or authority for any dispute to be litigated on a class-action basis or to utilize class action procedures; and (C) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY OR ITS AFFILIATES ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS THE COMPANY OR ITS AFFILIATES, AS APPLICABLE, AGREES OTHERWISE, A JUDGE MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

11.5 Attorney Fees (limited scenarios). In the event that we are required to pursue legal action against you to protect the Company’s rights under Section 4 (Ownership Matters), Section 7 (Prohibited Uses), or Section 10 (Indemnification) you fully acknowledge, understand, and agree to be responsible for all collection costs, reasonable attorney fees, court costs, and a collection fee as allowed by N.R.S. § 18.010 or other applicable law.

11.6 ADA Compliance. As you may already know, organizations that otherwise qualify as places of public accommodation must ensure that their public-facing websites comply with the Americans with Disabilities Act (the “ADA”). Because of the private nature of the Company’s Platform Services and Online Platform, the Company does not represent, warrant, or otherwise promise that the Online Platform is compliant with the ADA. If you have any questions or requests concerning ADA compliance, please contact us at the information set out below.

11.7 Contact Information. For questions about these Terms of Service or the Online Platform, please contact: admin@secureaisystems.ai.

11.8 Notice to California Residents. If you are a California resident visiting our Online Platform, in accordance with Cal. Civ. Code §1789.3, you may report valid complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.