Terms of Use

1. Acceptance of Terms

By accessing or using any services, websites, web applications, mobile applications, APIs, software tools, training materials, or other digital offerings provided by Ether Technology Inc. (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and our Privacy Policy.

If you are accessing or using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of that organization.

2. Definitions

3. Permitted Use and Restrictions

3.1 General Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates applicable federal, state, local, or international law or regulation
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity

3.2 Cybersecurity Tools - Authorized Use Only

Our Cybersecurity Tools must only be used for:

• Authorized testing of systems you own or control
• Contracted penetration testing with proper written authorization
• Educational purposes in controlled environments
• Research activities that comply with institutional ethics requirements

3.3 Compliance Requirements

You must ensure that your use of our Services complies with:

• All applicable data protection laws (GDPR, CCPA, PIPEDA, etc.)
• Industry-specific regulations (HIPAA, SOX, PCI-DSS, FISMA)
• Export control regulations (EAR, ITAR) if applicable
• Your organization's security policies and procedures

4. User Responsibilities and Account Security

4.1 Account Security

• Maintain the confidentiality of your account credentials
• Use strong, unique passwords and enable multi-factor authentication where available
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4.2 Professional Standards

When using our cybersecurity services, you agree to:

• Follow industry best practices and ethical guidelines
• Maintain appropriate documentation of all testing activities
• Respect the confidentiality of any sensitive information discovered
• Report critical vulnerabilities responsibly and in accordance with coordinated disclosure practices

4.3 Data Handling Responsibilities

• Implement appropriate technical and organizational measures to protect any data processed using our Services
• Ensure proper data retention and deletion procedures
• Maintain audit trails of data access and processing activities
• Comply with data subject rights requests where applicable

5. Data Security and Privacy

5.1 Data Processing

We process Personal Data in accordance with our Privacy Policy. By using our Services, you consent to such processing and represent that all Personal Data you provide is accurate and lawfully collected.

5.2 Security Measures

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security assessments and penetration testing
• Access controls and authentication mechanisms
• Incident response and breach notification procedures

5.3 Data Residency

Unless otherwise specified in your service agreement, data may be processed and stored in the United States. We will comply with applicable cross-border data transfer requirements.

5.4 Breach Notification

In the event of a security incident affecting your data, we will notify you within 72 hours of discovery and provide details about the nature and scope of the incident.

6. Subscription Services and Payment

6.1 Subscription Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or as specifically stated in your service agreement
• Subscriptions automatically renew unless canceled at least 24 hours before the renewal date

6.2 Fee Changes

We may modify subscription fees with 30 days' advance notice. Continued use of Services after fee changes constitutes acceptance of the new fees.

6.3 Suspension and Termination for Non-Payment

We may suspend or terminate your access to paid Services if payment is overdue by more than 30 days, with 10 days' advance notice.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All Services, including software, documentation, content, and materials, are protected by intellectual property laws. We retain all rights, title, and interest in our intellectual property.

7.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our Services for your internal business purposes or personal use.

7.3 User Content License

You retain ownership of User Content but grant us a worldwide, royalty-free license to use, modify, and distribute such content solely for providing and improving our Services.

7.4 Restrictions

You may not:

• Reverse engineer, decompile, or disassemble our software
• Remove or modify any proprietary notices
• Create derivative works based on our Services
• Redistribute or resell our Services without written permission

8. Compliance and Regulatory Requirements

8.1 Export Controls

Our software and technology may be subject to export control laws. You agree to comply with all applicable export control regulations and not to export or re-export our technology to prohibited countries or persons.

8.2 Government Regulations

If you are a government entity or contractor, additional terms may apply. Contact us for specific compliance requirements.

8.3 Industry Standards

We maintain compliance with relevant industry standards including SOC 2 Type II, ISO 27001, and applicable cybersecurity frameworks.

9. Disclaimers and Limitations of Liability

9.1 Service Availability

While we strive for high availability, we do not guarantee that our Services will be uninterrupted or error-free. We may suspend Services for maintenance or other operational reasons.

9.2 Disclaimer of Warranties

9.3 Limitation of Liability

9.4 Cybersecurity Tool Limitations

We are not liable for:

• Damages resulting from proper use of our cybersecurity tools on authorized systems
• False positives or false negatives in security assessments
• Actions taken based on security recommendations provided by our tools
• System unavailability during authorized penetration testing

10. Indemnification

You agree to indemnify, defend, and hold harmless Ether Technology Inc., its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your violation of applicable law
• Any unauthorized use of our cybersecurity tools

11. Termination

11.1 Termination by You

You may terminate your account at any time by following the cancellation procedures in your account settings or contacting customer support.

11.2 Termination by Us

We may suspend or terminate your access to the Services immediately without notice if:

• You violate these Terms
• You engage in illegal or harmful activities
• Your account remains inactive for more than 12 months
• We are required to do so by law or regulation

11.3 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your account and data in accordance with our data retention policies
• Provisions regarding intellectual property, liability limitations, and dispute resolution survive termination

12. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, government regulations, epidemics, or failures of third-party services.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

14. Modifications to Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will provide at least 30 days' notice of material changes by:

• Posting the updated Terms on our website
• Sending notice to your registered email address
• Displaying a prominent notice in our Services

Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms.

15. Accessibility and Language

We are committed to making our Services accessible to users with disabilities. If you encounter accessibility barriers, please contact us for assistance.

These Terms are provided in English. If translated into other languages, the English version shall prevail in case of any conflicts.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Ether Technology Inc. regarding your use of our Services.

18. Contact Information