This document is self-drafted by AegisGate Security, LLC for the v4.2.0 release. AegisGate Security, LLC is not a law firm, and this document does not constitute legal advice. Production-grade review by qualified legal counsel is deferred to v4.2.0+ when budget is available. Until then, customers and counterparties should rely on this document at their own risk and consult their own legal counsel.
END-USER LICENSE AGREEMENT
AegisGate Security Platform
Effective Date: 2026-06-07 Version: 2.0 DRAFT (v4.2.0) Last Updated: 2026-06-07
IMPORTANT - READ CAREFULLY
This End-User License Agreement (“Agreement”) is a legal agreement between you (“Licensee,” “you,” or “your”) and AegisGate Security, LLC (“Company,” “we,” “us,” or “our”) for the use of the AegisGate Security Platform software, including any associated documentation, updates, telemetry, and support services (collectively, the “Software”).
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
This Agreement is supplemented by, and incorporates by reference:
- The Terms of Service (governs general use, account terms, billing)
- The Privacy Policy (governs personal data processing)
- The Data Processing Agreement (governs EU/UK GDPR compliance)
- The Business Associate Agreement (governs HIPAA-covered PHI processing, if applicable)
In the event of a conflict between this Agreement and the Terms of Service, this Agreement shall control with respect to the licensing of the Software.
1. ACCEPTANCE OF TERMS
1.1 Acceptance
By creating an account, clicking “I agree,” installing the Software, or otherwise using the AegisGate Security Platform (“Platform,” “Service,” or “AegisGate”), you (“Licensee,” “you,” or “your”) agree to be bound by this End-User License Agreement (“Agreement”). If you do not agree, do not install or use the Software.
1.2 Changes to This Agreement
We may modify this Agreement from time to time. Material changes will be communicated via:
- A banner on aegisgatesecurity.io for at least 30 calendar days
- An email to active subscribers at least 60 calendar days before the change takes effect
Continued use of the Software after the effective date of a change constitutes acceptance of the modified Agreement. If you do not agree to a material change, your sole remedy is to terminate your subscription, stop using the Software, and request a pro-rated refund of prepaid fees.
1.3 Licensee Identification
To accept this Agreement, you must be at least 18 years old and have the legal capacity to enter into a binding contract. If you accept on behalf of an organization, you represent that you have authority to bind that organization to this Agreement.
1.4 Acceptance Method
This Agreement is accepted by:
- Buy Button checkout: Clicking “Buy” on aegisgatesecurity.io/pricing constitutes acceptance. The EULA version hash is recorded at purchase for audit purposes.
- Self-service signup: Checking the “I agree to the End-User License Agreement” checkbox on the signup form constitutes acceptance. The form’s submission timestamp and the checked-state are recorded in the audit log.
- Click-through installer: Clicking “I agree” in the CLI installer or first-run setup wizard constitutes acceptance. The acceptance event is logged locally and may be transmitted to Company’s servers.
- Enterprise agreements: Acceptance is recorded in the executed Order Form.
The current EULA version hash, your acceptance record, and the acceptance timestamp are available in your account dashboard.
1.5 Acknowledgment of Warranty Disclaimer
BY ACCEPTING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SECTION 10 (DISCLAIMER OF WARRANTIES) AND SECTION 11 (LIMITATION OF LIABILITY) ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU FURTHER ACKNOWLEDGE THAT THE PRICING OF THE SOFTWARE REFLECTS THE ALLOCATION OF RISK SET FORTH IN SECTIONS 10 AND 11.
This acknowledgment is required to satisfy enforceability concerns under uniform commercial code and consumer protection statutes (see Framework Clause I3).
2. SUBSCRIPTION AND FEES
2.1 Subscription Required
Commercial use of the Software requires a paid subscription. By purchasing a subscription, you agree to pay all applicable fees set forth at aegisgatesecurity.io/pricing or as otherwise agreed in an Order Form.
2.2 Fee Structure
- (a) Fees are based on the subscription tier selected
- (b) All fees are non-refundable except as explicitly stated in this Agreement, the Terms of Service, or as required by applicable law
- (c) Fees may be changed for new subscription terms upon 30 days’ notice to active subscribers; current subscription terms will not be repriced during the term
2.3 Payment Terms
- (a) Payment is required in advance (monthly or annual)
- (b) Failed payments may result in license suspension after a 7-day grace period
- (c) You are responsible for all applicable taxes, except for taxes on Company’s net income
2.4 Upgrade/Downgrade
- (a) Upgrades take effect immediately with prorated billing
- (b) Downgrades take effect at the start of the next billing period
- (c) Downgrades may result in loss of features, capacity, or compliance capabilities; Company is not liable for any such loss
2.5 Free / Community Tier
The Community tier is free of charge but is subject to Section 3.5 below. Community tier users agree to the limitations stated therein, including non-commercial use, “as is” provision, and best-effort support.
3. LICENSE GRANT
3.1 Grant of License
Subject to the terms and conditions of this Agreement and your payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to:
| Component | Rights Granted |
|---|---|
| Software Installation | Install and run one instance of the Software per license key |
| Access Rights | Access and use the Software according to your subscription tier |
| Updates | Receive and install updates during the subscription term (see Section 9) |
| Support | Access support services as provided for your tier |
3.2 License Scope by Tier
| Tier | License Type | Users | Usage Limits |
|---|---|---|---|
| Community | Non-commercial | 5 users | soft-throttle |
| Developer | Commercial | Up to 25 users | 1,000 RPM |
| Professional | Commercial | Up to 100 users | 10,000 RPM |
| Enterprise | Commercial | Unlimited | Unlimited |
3.3 License Restrictions
You shall NOT:
- (a) Copy, modify, or create derivative works of the Software, except as expressly permitted by applicable law
- (b) Reverse engineer, disassemble, or decompile the Software, except to the extent expressly permitted by applicable law notwithstanding this limitation
- (c) Sublicense, lease, rent, lend, or otherwise transfer the Software to third parties
- (d) Use the Software for illegal purposes or in violation of applicable law
- (e) Attempt to circumvent license enforcement, rate limiting, or feature restriction mechanisms
- (f) Remove or alter proprietary notices, labels, or markings
- (g) Use the Software beyond the scope of your subscription tier
- (h) Grant access to users beyond your licensed user count
- (i) Use the Software to develop a competing product or service
- (j) Publish benchmarks or performance comparisons without Company’s prior written consent
3.4 License Key and Activation
(a) License Key. Upon subscription, you will receive a unique license key (digital certificate) that:
- Activates your installation of the Software
- Verifies your subscription tier and user count
- Enforces rate limiting and feature restrictions
- Expires upon subscription termination
(b) Key Protection. You must:
- Keep your license key confidential
- Not share your license key with unauthorized parties
- Notify Company immediately of any compromise
- Use only valid, unexpired license keys
(c) Key Validation. The Software will periodically validate your license key with Company’s servers. You agree to:
- Maintain internet connectivity for license validation
- Accept that offline use may be limited or disabled
- Not attempt to circumvent license validation mechanisms
(d) Grace Period. If license validation fails:
- You will receive a 7-day grace period
- You must resolve the issue within the grace period
- Access may be suspended after the grace period
3.5 Community Tier Limitations
The Community tier license is:
- (a) Limited to non-commercial use only (personal, educational, research, open-source, evaluation)
- (b) Provided on an “as is” basis (see Section 10)
- (c) Subject to best-effort support only (no SLA, no guaranteed response time)
- (d) Revocable at Company’s discretion
- (e) Subject to rate limits and feature restrictions as set forth at aegisgatesecurity.io/pricing
- (f) Not eligible for PHI / PCI-DSS / GDPR processing under Company-held agreements (Subscriber must execute a BAA and/or DPA for such processing)
Commercial use of the Community tier is strictly prohibited and constitutes a material breach of this Agreement.
4. INTELLECTUAL PROPERTY
4.1 Ownership
The Software, including all source code, object code, documentation, telemetry pipelines, machine learning models, threat signatures, and all intellectual property rights therein, are owned by Company and protected by:
- United States copyright laws
- International copyright treaties
- Trade secret laws
- Patent laws (if applicable)
- Trademark and service mark laws
4.2 No Transfer of Ownership
This Agreement does not transfer any ownership rights to you. You receive only a limited license to use the Software as set forth in Section 3. All rights not expressly granted to you are reserved by Company.
4.3 Feedback
If you provide feedback, suggestions, recommendations, or ideas regarding the Software (“Feedback”), Company may use such Feedback without obligation to you and without compensating you. You hereby grant Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate Feedback into the Software or any other products or services.
4.4 Trademarks
“AegisGate,” “AegisGate Security Platform,” and associated logos, marks, and trade dress are trademarks or registered trademarks of Company. No license to use these trademarks is granted under this Agreement. You may not use Company’s trademarks without Company’s prior written consent.
You may, however, identify yourself as a user of the Software in accordance with standard industry practice (e.g., customer lists, case studies with prior written approval).
4.5 AI Models and Threat Intelligence
The Software may contain or utilize:
- (a) Machine learning models for anomaly detection, threat classification, or content safety
- (b) Threat intelligence feeds, signatures, and indicators of compromise
- (c) Pattern recognition systems for prompt injection, jailbreak detection, or hallucination detection
These components are the proprietary intellectual property of Company. Your license to use the Software does not grant you the right to:
- (i) Extract, export, or download the underlying models for use outside the Software
- (ii) Use the threat intelligence data for purposes other than operating the Software
- (iii) Reverse-engineer the detection algorithms or training data
- (iv) Train competing products using outputs from the Software
4.6 Reservation of Rights
Company reserves all rights, title, and interest in and to the Software not expressly granted to you under this Agreement.
5. CONFIDENTIALITY
5.1 Confidentiality Obligations
You agree to:
- (a) Keep the Software (including its source code, architecture, and design) confidential
- (b) Keep your license key, API keys, and authentication credentials confidential
- (c) Not disclose the Software or license key to unauthorized third parties
- (d) Use the Software only as permitted in this Agreement
- (e) Protect Company’s Confidential Information (as defined below) using the same degree of care you use to protect your own confidential information of similar importance, but in no event less than reasonable care
5.2 Confidential Information
“Confidential Information” means any non-public information disclosed by Company to you that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes:
- (a) Source code, algorithms, and detection methods
- (b) Threat intelligence feeds and signatures
- (c) Pricing and business terms
- (d) Security architecture and infrastructure details
- (e) Vulnerability reports and remediation plans
5.3 Exceptions
Your confidentiality obligations do not apply to information that:
- (a) Is or becomes publicly available through no breach of this Agreement by you
- (b) Was known to you before disclosure, as evidenced by your written records
- (c) Is independently developed by you without use of or reference to Company’s Confidential Information
- (d) Is rightfully received by you from a third party without confidentiality obligation
- (e) Is disclosed pursuant to legal requirement, provided that you give Company prompt notice and reasonable cooperation to seek a protective order
5.4 Compelled Disclosure
If compelled by law or court order to disclose Confidential Information, you shall:
- (a) Provide Company with prompt written notice (to the extent legally permitted)
- (b) Reasonably cooperate with Company’s efforts to seek a protective order
- (c) Disclose only that portion of Confidential Information that is legally required
5.5 Aggregated Anonymized Data
Notwithstanding the foregoing, Company may collect, retain, and use aggregated and anonymized data derived from your use of the Software for purposes of:
- (a) Improving the Software and its detection capabilities
- (b) Generating threat intelligence reports and industry benchmarks
- (c) Research and development of security products
Such aggregated data shall not identify you, your users, or your confidential inputs, and shall be Company’s Confidential Information.
6. RESTRICTED USES / COMPLIANCE
6.1 Prohibited Activities
You shall not use the Software to:
- (a) Violate any applicable law, regulation, or third-party right
- (b) Infringe intellectual property rights of any party
- (c) Transmit malware, viruses, ransomware, or other harmful code
- (d) Gain unauthorized access to any system, network, or data
- (e) Disrupt or interfere with the Service, its users, or the infrastructure providing it
- (f) Engage in fraudulent, deceptive, or unlawful practices
- (g) Process Protected Health Information (“PHI”) under HIPAA without a valid Business Associate Agreement with Company
- (h) Process payment card data in scope of PCI-DSS without compliance with Company’s PCI-DSS Vendor Agreement
- (i) Provide security services to third parties using the Software as the underlying engine, without a separate written agreement with Company
- (j) Use the Software in connection with weapons systems, surveillance of dissidents, or other uses prohibited by U.S. export controls (see Section 15)
6.2 Compliance Responsibility
You are responsible for:
- (a) Ensuring your use of the Software complies with all applicable laws and regulations
- (b) Obtaining necessary consents, authorizations, and approvals for data you process through the Software
- (c) Maintaining compliance with relevant frameworks (HIPAA, PCI-DSS, GDPR, SOC2, etc.)
- (d) Implementing your own controls for data classification, access management, and audit logging
- (e) Conducting your own security assessments of how you deploy the Software
6.3 Compliance Frameworks โ Tier Requirements
The Software supports certain compliance frameworks, but support is not equivalent to certification. Specific framework usage requires:
| Framework | Tier Required | Additional Agreement |
|---|---|---|
| HIPAA | Professional or Enterprise | Business Associate Agreement (BAA) |
| GDPR (EU/UK) | Developer or above | Data Processing Agreement (DPA) |
| PCI-DSS | Professional or Enterprise | PCI-DSS Vendor Agreement |
| SOC 2 | Enterprise | Enterprise subscription + audit cooperation |
| EU AI Act | All tiers | Article 50 transparency disclosure (see ยง6.5) |
6.4 Subprocessors
You acknowledge that Company uses subprocessors to provide the Software, as listed in the Subprocessor List at aegisgatesecurity.io/legal/subprocessors.html. Company shall update the Subprocessor List at least 30 days before adding a new subprocessor, and you may object in writing within that period. Material objections that cannot be resolved may be grounds for termination with refund of prepaid fees.
6.5 EU AI Act Article 50 โ Transparency Disclosure
For users subject to Regulation (EU) 2024/1689 (the “EU AI Act”), the Software is designed to operate as a transparency and safety layer for AI systems. Specifically:
- (a) The Software does not generate content visible to end users in a way that creates a “deepfake” or “synthetic media” disclosure obligation on you
- (b) The Software does, however, process and log AI inputs and outputs for the purpose of security, compliance, and audit
- (c) If you deploy the Software in a context where EU AI Act Article 50 disclosure obligations apply (e.g., chatbot transparency, AI-generated content labeling), you remain responsible for fulfilling those obligations
- (d) For more information, see the EU AI Act compliance documentation at aegisgatesecurity.io/docs/compliance/eu-ai-act.html
7. DATA AND COMPLIANCE OBLIGATIONS
7.1 Your Data
You retain all right, title, and interest in and to the data you process through the Software (“Your Data”). Company obtains no rights in Your Data other than the limited rights set forth in this Agreement.
7.2 Data Protection
Processing of personal data is governed by the Privacy Policy and the Data Processing Agreement (DPA), each of which is incorporated by reference. In the event of a conflict between this Agreement and the DPA, the DPA shall control with respect to personal data processing.
7.3 HIPAA / PHI
If you process Protected Health Information through the Software, you must execute a Business Associate Agreement (BAA) with Company. The BAA is available at aegisgatesecurity.io/legal/baa.html (DRAFT 2.0 form). Processing PHI without a signed BAA is a material breach of this Agreement.
7.4 PCI-DSS / Cardholder Data
If you process cardholder data through or in connection with the Software, you must execute Company’s PCI-DSS Vendor Agreement. The Software does not store cardholder data in the clear; you remain responsible for compliance with PCI-DSS requirements applicable to your environment.
7.5 Data Location
You may select a data residency region (currently: U.S., EU) at subscription time. Data residency selection is binding for the subscription term. Default region is U.S. See the Data Processing Agreement for details on cross-border transfers.
7.6 Audit Rights
You are responsible for maintaining your own audit logs and records sufficient to demonstrate your compliance with applicable laws. Company may, upon reasonable notice, audit your use of the Software to verify compliance with this Agreement, including tier limits and prohibited uses. Such audits shall be conducted during normal business hours and shall not unreasonably interfere with your operations.
8. TERM AND TERMINATION
8.1 Term
This Agreement remains in effect for the duration of your subscription term. Subscription terms renew as set forth in the Terms of Service and your Order Form. This Agreement is binding from the date of acceptance (see Section 1.1) and continues until terminated in accordance with this Section 8.
8.2 Termination by You
You may terminate this Agreement at any time by:
- (a) Canceling your subscription through the account dashboard
- (b) Sending written notice to legal@aegisgatesecurity.io
- (c) Destroying all copies of the Software in your possession or control
- (d) Ceasing all use of the Software
Termination takes effect at the end of the then-current billing period, unless otherwise required by applicable law.
8.3 Termination by Company
Company may terminate or suspend this Agreement:
- (a) For material breach: Upon 30 days’ written notice if you materially breach a term of this Agreement and fail to cure such breach within the notice period. Material breach includes, without limitation: (i) failure to pay fees when due, (ii) violation of Section 3.3 (License Restrictions), (iii) violation of Section 6 (Restricted Uses), (iv) use beyond tier limits, or (v) processing PHI without a valid BAA.
- (b) For illegal activity: Immediately, without notice, if you engage in illegal or fraudulent activity, or if your use of the Software threatens the security, integrity, or availability of the Service or other users.
- (c) For regulatory requirement: Upon reasonable notice, if continued provision of the Service to you would violate applicable law.
- (d) For insolvency: Immediately, if you become insolvent, make an assignment for the benefit of creditors, file or have filed against you a petition under any bankruptcy law, or cease to do business in the ordinary course.
8.4 Effect of Termination
Upon termination of this Agreement:
- (a) Your license to use the Software terminates immediately
- (b) You must destroy or return all copies of the Software in your possession or control
- (c) Company may delete Your Data in accordance with the Privacy Policy and the Data Processing Agreement
- (d) You remain liable for all fees accrued through the date of termination
- (e) Refunds, if any, are governed by the Terms of Service and Section 2.2
8.5 Post-Termination Obligations
Upon termination, you must:
- (a) Stop using the Software
- (b) Uninstall and remove all copies of the Software from any systems or devices under your control
- (c) Remove the Software from any container images, infrastructure-as-code, or deployment pipelines
- (d) Confirm compliance in writing if requested by Company
8.6 Survival
The following sections shall survive termination of this Agreement for any reason:
- Section 4 (Intellectual Property)
- Section 5 (Confidentiality)
- Section 9.6 (Aggregated Anonymized Data โ Company’s right to use)
- Section 10 (Disclaimer of Warranties)
- Section 11 (Limitation of Liability)
- Section 12 (Indemnification)
- Section 15 (Export Controls and Government Rights)
- Section 16 (Dispute Resolution)
- Section 17 (General Provisions)
- Any other provision that by its nature is intended to survive termination
8.7 Suspension (Without Termination)
Company may, in its discretion, suspend your access to the Software in lieu of termination if:
- (a) Your account has an unpaid balance after the grace period (see Section 2.3)
- (b) Company reasonably suspects a breach of this Agreement
- (c) Company is required to do so by law enforcement or regulatory authority
- (d) Maintenance, security, or operational reasons require temporary suspension
Suspension does not relieve you of your payment obligations. Company shall use commercially reasonable efforts to provide advance notice of suspension where practicable.
9. AUTO-UPDATES AND TELEMETRY
9.1 Automatic Updates
Company may, from time to time and at its sole discretion, provide updates to the Software, including:
- (a) Security patches and vulnerability remediations
- (b) Bug fixes
- (c) New features and capabilities
- (d) Detection model improvements and threat intelligence updates
- (e) Performance and reliability enhancements
Such updates may be:
- (i) Automatic โ installed without your action, particularly for security patches and threat intelligence updates
- (ii) Opt-in โ available for installation through the Software’s update mechanism or your account dashboard
- (iii) Required โ mandatory to continue use of the Software, in which case you will be given reasonable advance notice (typically 30 days) before the requirement takes effect
9.2 Acceptance of Updates
Updates are subject to this Agreement. By installing or using the Software, you consent to the automatic installation of updates as described in Section 9.1. If you do not consent, your sole remedy is to terminate this Agreement and stop using the Software (see Section 8.2).
9.3 Critical Security Patches
Notwithstanding any other provision, Company reserves the right to install critical security patches automatically and without prior notice where:
- (a) A publicly disclosed vulnerability poses a risk to the Service or its users
- (b) An active exploit is detected in the wild
- (c) Regulatory or compliance obligations require timely patching
You may not disable, delay, or block the installation of critical security patches.
9.4 Telemetry and Diagnostic Data
The Software may collect and transmit to Company certain telemetry, diagnostic, and usage data, including:
- (a) Operational telemetry: Version number, deployment ID, license key hash, uptime, request counts, error rates
- (b) Performance metrics: Latency, throughput, resource utilization (CPU, memory, network)
- (c) Detection telemetry: Aggregated counts of detections by category, severity, and disposition (e.g., “X prompt injection attempts blocked in last 24 hours”). Detection telemetry does not include the underlying content of your inputs or outputs unless you have explicitly opted in to content collection (see Section 9.5).
- (d) Crash reports: Stack traces, panic information, system context (OS, Go version, dependencies). Crash reports are scrubbed of secrets before transmission using the same secret-scanning infrastructure that powers the Software’s secret detection capability.
9.5 Content Collection (Opt-in)
By default, the Software does not transmit the content of your inputs or outputs to Company. If you opt in to enhanced detection (e.g., to help improve detection models or contribute to threat intelligence), the Software may collect anonymized samples of detected threats. Opt-in is controlled at the configuration level and may be revoked at any time.
9.6 Aggregated Anonymized Data
Notwithstanding any other provision, Company may collect, retain, and use aggregated and anonymized data derived from your use of the Software for the purposes described in Section 5.5. Such data is Company’s Confidential Information and shall not identify you, your users, or your confidential inputs.
9.7 Telemetry Opt-Out
You may opt out of non-essential telemetry (operational, performance, detection counts) by:
- (a) Setting the
AEGISGATE_TELEMETRY=offenvironment variable - (b) Configuring the telemetry setting in your account dashboard
- (c) Contacting privacy@aegisgatesecurity.io
Critical security telemetry (license validation, security patch deployment, abuse detection) cannot be disabled, as it is necessary for the operation and security of the Service.
9.8 EU AI Act Article 50 Compliance
The telemetry described in this Section 9 is designed to comply with EU AI Act Article 50 transparency obligations, including:
- (a) Documentation of the Software’s capabilities and limitations
- (b) Logging of operational events for audit and accountability
- (c) Disclosure of the Software’s role as a transparency and safety layer in AI systems
For full EU AI Act compliance documentation, see aegisgatesecurity.io/docs/compliance/eu-ai-act.html.
10. DISCLAIMER OF WARRANTIES
PLEASE READ THIS SECTION CAREFULLY โ IT IS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE PRICING OF THE SOFTWARE REFLECTS THE ALLOCATION OF RISK SET FORTH BELOW.
10.1 “As Is” License
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- (a) IMPLIED WARRANTIES OF MERCHANTABILITY
- (b) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- (c) IMPLIED WARRANTIES OF NON-INFRINGEMENT
- (d) IMPLIED WARRANTIES OF ACCURACY OR COMPLETENESS
- (e) IMPLIED WARRANTIES OF TITLE AND QUIET ENJOYMENT
- (f) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
10.2 No Guarantee of Performance
COMPANY DOES NOT WARRANT OR GUARANTEE THAT:
- (a) The Software will meet your specific requirements
- (b) The Software will be uninterrupted, error-free, or free from harmful components
- (c) Defects will be corrected
- (d) The Software will be compatible with your systems, infrastructure, or third-party software
- (e) The Software will detect, prevent, or mitigate all security threats, vulnerabilities, or attacks
- (f) The Software’s outputs (detections, classifications, risk scores) will be 100% accurate or free from false positives or false negatives
- (g) The Software will satisfy any specific compliance framework, certification, or audit requirement without additional configuration, controls, or documentation on your part
10.3 Security Disclaimer
THE SOFTWARE IS A SECURITY TOOL, BUT IT IS NOT A GUARANTEE OF SECURITY. NO SECURITY PRODUCT CAN ELIMINATE ALL RISKS. YOU ACKNOWLEDGE THAT:
- (a) Security threats evolve rapidly, and the Software may not detect or mitigate newly discovered threats immediately
- (b) The Software is one component of a comprehensive security program; it does not replace the need for other security controls (network security, access management, security awareness, incident response, etc.)
- (c) You are responsible for configuring, deploying, and operating the Software in a manner appropriate to your threat model and risk tolerance
- (d) Company does not warrant that use of the Software will prevent any particular security incident, data breach, or other harm
10.4 Beta Features
BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND MAY BE:
- (a) Modified, discontinued, or made unavailable at any time without notice
- (b) Incomplete, unstable, or unsuitable for production use
- (c) Subject to additional terms disclosed at the time of beta enrollment
- (d) Used at your sole risk, with no warranty of any kind
Use of beta features in production environments is strongly discouraged and is at your own risk.
10.5 Acknowledgment
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS SECTION 10, AND THAT THE DISCLAIMERS HEREIN ARE A MATERIAL INDUCEMENT TO COMPANY’S AGREEMENT TO LICENSE THE SOFTWARE AT THE PRICES STATED.
10.6 Non-Waivable Consumer Rights
Notwithstanding the foregoing, nothing in this Agreement is intended to exclude, limit, or modify any non-waivable consumer protection rights you may have under applicable law. To the extent any warranty cannot be disclaimed under applicable law, the duration of such warranty shall be limited to the minimum period permitted by law.
11. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY โ IT LIMITS COMPANY’S LIABILITY TO YOU. THE PRICING OF THE SOFTWARE REFLECTS THE LIMITATIONS SET FORTH BELOW.
11.1 Cap on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR THE SERVICE EXCEED THE GREATER OF:
- (a) The total fees you paid to Company for the Software in the 12 months immediately preceding the event giving rise to liability; OR
- (b) One hundred U.S. dollars (US$100)
11.2 Exclusion of Indirect, Consequential, and Special Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- (a) Loss of profits, revenue, business, or anticipated savings
- (b) Loss of data, content, or information (including, without limitation, Your Data)
- (c) Business interruption, downtime, or service unavailability
- (d) Cost of substitute goods, services, or technology
- (e) Loss of goodwill, reputation, or customer relationships
- (f) Damages resulting from security incidents, data breaches, or unauthorized access
- (g) Damages resulting from false positives, false negatives, or misclassification by the Software
- (h) Damages resulting from regulatory penalties, fines, or sanctions
This exclusion applies regardless of the legal theory (contract, tort, statute, strict liability, or otherwise) and even if Company has been advised of the possibility of such damages.
11.3 Essential Basis
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 AND THE DISCLAIMER OF WARRANTIES IN SECTION 10 ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU FURTHER ACKNOWLEDGE THAT, BUT FOR THESE LIMITATIONS, COMPANY WOULD NOT LICENSE THE SOFTWARE AT THE PRICES STATED.
11.4 Jurisdictions That Do Not Allow Limitation
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or do not allow the exclusion of certain warranties. In such jurisdictions, Company’s liability shall be limited to the maximum extent permitted by applicable law, and any warranty that cannot be disclaimed shall be limited to the minimum duration permitted by applicable law.
11.5 Exceptions to Limitations
The limitations in Sections 11.1 and 11.2 do not apply to:
- (a) Your payment obligations for fees owed to Company
- (b) Breach of Section 5 (Confidentiality) by either party
- (c) Indemnification obligations under Section 12
- (d) Willful misconduct or gross negligence by the at-fault party
- (e) Liability that cannot be limited or excluded under applicable law (e.g., personal injury caused by negligence, fraud, fraudulent misrepresentation)
11.6 Comparative Responsibility
FOR ANY CLAIM ARISING FROM A SECURITY INCIDENT, DATA BREACH, OR FAILURE OF THE SOFTWARE TO DETECT OR PREVENT AN ATTACK, LIABILITY SHALL BE ALLOCATED BASED ON COMPARATIVE RESPONSIBILITY, CONSIDERING FACTORS SUCH AS:
- (a) Whether you had other security controls in place
- (b) Whether you followed Company’s configuration guidance and security best practices
- (c) Whether you applied available updates and patches in a timely manner
- (d) Whether the incident was caused by your actions, omissions, or configuration choices
- (e) The nature of the threat and the state of the art at the time
12. INDEMNIFICATION
12.1 Indemnification by Company
Company shall defend, indemnify, and hold you harmless from any third-party claim alleging that the Software, as provided by Company and used in accordance with this Agreement, infringes a valid United States patent, copyright, or trademark of a third party. Company shall pay damages finally awarded against you (or settlement amounts approved by Company) for such claim.
12.2 Conditions to Company Indemnification
Company’s indemnification obligations under Section 12.1 are conditioned upon you:
- (a) Providing prompt written notice of the claim (within 30 days of becoming aware)
- (b) Granting Company sole control of the defense and settlement negotiations
- (c) Providing reasonable cooperation in the defense, at Company’s expense
- (d) Not admitting liability or making commitments on Company’s behalf without Company’s prior written consent
- (e) Using the Software in accordance with this Agreement and not modifying it in ways not authorized by Company
12.3 Mitigation Options
If the Software becomes, or in Company’s reasonable opinion is likely to become, the subject of an infringement claim, Company may, at its option and expense:
- (a) Modify the Software to be non-infringing while maintaining substantially equivalent functionality
- (b) Obtain a license for you to continue using the Software
- (c) Terminate the affected subscription and refund prepaid fees for the unused portion of the subscription term
12.4 Exclusions from Company Indemnification
Company has no obligation to defend, indemnify, or hold you harmless for claims arising from:
- (a) Modification of the Software by anyone other than Company
- (b) Combination of the Software with products, services, or data not provided by Company, where the claim would not have arisen but for such combination
- (c) Use of the Software beyond the scope of the license granted
- (d) Use of a version of the Software that is no longer supported or that Company has notified you to stop using
- (e) Compliance with your specifications or instructions
- (f) Your failure to install updates, patches, or configuration changes that would have avoided the alleged infringement
- (g) Beta features (see Section 13)
12.5 Sole and Exclusive Remedy
THE FOREGOING INDEMNIFICATION OBLIGATIONS CONSTITUTE COMPANY’S SOLE AND EXCLUSIVE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY THIRD-PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM RELATING TO THE SOFTWARE.
12.6 Indemnification by You
You shall defend, indemnify, and hold Company harmless from any third-party claim arising from:
- (a) Your breach of Section 3.3 (License Restrictions) or Section 6 (Restricted Uses)
- (b) Your use of the Software in combination with products, services, or data not provided by Company, where the claim would not have arisen but for such combination
- (c) Your Data, including any claim that Your Data infringes, misappropriates, or violates the rights of a third party or any applicable law
- (d) Your failure to obtain necessary consents, authorizations, or approvals for data you process through the Software
- (e) Your violation of applicable law in connection with your use of the Software
- (f) Your use of beta features in production environments (see Section 13)
Company’s indemnification obligations under Section 12.1 are subject to the same conditions set forth in Section 12.2 (mutatis mutandis).
13. BETA FEATURES
13.1 Definition
“Beta Features” means any feature, function, capability, or service of the Software that Company identifies as beta, preview, experimental, early access, or by a similar designation. Beta Features may be made available to you at Company’s discretion, subject to additional terms that may apply.
13.2 Beta Terms
By using any Beta Feature, you agree that:
- (a) The Beta Feature is provided “as is” and “as available” (see Section 10.4)
- (b) The Beta Feature may be modified, discontinued, or made unavailable at any time without notice
- (c) The Beta Feature may be incomplete, unstable, or unsuitable for production use
- (d) The Beta Feature may be subject to additional terms disclosed at the time of beta enrollment
- (e) Use of the Beta Feature is at your sole risk
- (f) Company has no obligation to provide support, maintenance, or updates for the Beta Feature
- (g) Feedback you provide regarding the Beta Feature may be used by Company without obligation (see Section 4.3)
13.3 No Production Use
USE OF BETA FEATURES IN PRODUCTION ENVIRONMENTS IS STRONGLY DISCOURAGED AND IS AT YOUR OWN RISK. You acknowledge that:
- (a) Beta Features have not been subject to the same testing, security review, or quality assurance as generally available features
- (b) Beta Features may contain bugs, errors, or security vulnerabilities
- (c) Beta Features may not be covered by Company’s support, maintenance, or SLA commitments
- (d) Your use of Beta Features in production may void certain warranties or support commitments for the affected functionality
13.4 Beta Data
Data you process through Beta Features may be:
- (a) Used by Company for product improvement, research, and development
- (b) Subject to different retention, security, or backup policies than production data
- (c) Deleted or made unavailable upon termination of the beta program
13.5 No Liability for Beta
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR USE OF BETA FEATURES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DATA LOSS, SECURITY INCIDENTS, SERVICE INTERRUPTION, OR DAMAGES OF ANY KIND.
14. THIRD-PARTY COMPONENTS
14.1 Open Source Software
The Software may include open source software components governed by their own license terms (“OSS Components”). A list of OSS Components and their applicable license terms is available at aegisgatesecurity.io/legal/third-party-licenses.html and in the Software’s NOTICE or THIRD-PARTY-LICENSES file.
14.2 Compliance with OSS Licenses
You agree to comply with the license terms of all OSS Components included in the Software. The license terms of OSS Components may grant you rights that supplement or override the restrictions in this Agreement with respect to those specific components.
14.3 Software Bill of Materials
For each release of the Software, Company publishes a Software Bill of Materials (SBOM) in SPDX 2.3 format, identifying all components (including OSS Components) included in the Software. The SBOM is available at aegisgatesecurity.io/legal/sbom.html and is attached to each release as a release artifact.
14.4 No Warranty for OSS Components
OSS COMPONENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OSS COMPONENTS IS WITH YOU.
14.5 No Indemnification for OSS Components
Company has no obligation to defend, indemnify, or hold you harmless for any third-party claim arising from or related to OSS Components included in the Software. The authors and contributors of OSS Components may offer their own warranties, indemnification, or support, but Company is not responsible for such offerings.
15. EXPORT CONTROLS AND GOVERNMENT RIGHTS
15.1 Export Controls
You acknowledge that the Software, including any underlying technology, models, threat intelligence, and documentation, may be subject to U.S. and international export control laws and regulations, including:
- (a) The Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774
- (b) The International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130
- (c) The economic sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC)
- (d) The export control laws of the European Union, the United Kingdom, and other jurisdictions
You represent and warrant that you:
- (i) Are not located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. sanctions (currently: Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine)
- (ii) Are not on any U.S. government list of restricted or prohibited parties (e.g., the Specially Designated Nationals List, the Entity List, the Denied Persons List)
- (iii) Will not use, export, re-export, transfer, or release the Software in violation of applicable export control laws
- (iv) Will not use the Software for any prohibited end-use, including but not limited to: weapons of mass destruction, military end-uses, surveillance of dissidents, or other uses prohibited by U.S. export controls
15.2 Encryption Notice
The Software may contain encryption functionality. The Software and its underlying technology are classified under ECCN 5D002 (or successor classification) for encryption software and may be subject to additional export or import restrictions in some jurisdictions. You are responsible for determining whether your use, export, or import of the Software requires any license, permit, or other governmental authorization.
15.3 Government Rights (FAR/DFARS)
If you are a U.S. government agency or a contractor providing the Software to a U.S. government agency, the following additional terms apply:
(a) Commercial Item. The Software is a “commercial item” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212 or DFARS 227.7202, as applicable.
(b) Restricted Rights. Use, duplication, or disclosure of the Software is subject to the restrictions set forth in:
- FAR Clause 52.227-14, Rights in Data - General, Alt. III (June 1987) or its successor
- FAR Clause 52.227-19, Commercial Computer Software - Restricted Rights (June 1987)
- DFARS Clause 252.227-7013, Rights in Technical Data - Commercial Items (Feb 2014) or its successor
- DFARS Clause 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (Feb 2014) or its successor
(c) Contractor. The Software was developed at private expense. Company is the “contractor” for purposes of the FAR and DFARS clauses cited above.
15.4 Compliance Cooperation
You agree to cooperate with Company’s reasonable requests for information or documentation necessary for Company to comply with applicable export control laws, including information about the end-use, end-user, and destination of the Software.
16. DISPUTE RESOLUTION
16.1 Informal Resolution First
Before filing any formal dispute, you agree to first contact Company at legal@aegisgatesecurity.io and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email or other means. If a dispute is not resolved within 60 days of submission, you or Company may pursue formal resolution.
16.2 Arbitration Agreement
SUBJECT TO SECTION 16.3, ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR THE SERVICE THAT CANNOT BE RESOLVED INFORMALLY SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES.
BY ACCEPTING THIS AGREEMENT, YOU AND COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
16.3 Exceptions to Arbitration
Notwithstanding Section 16.2, the following disputes are not subject to binding arbitration:
- (a) Injunctive Relief. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or remedy a breach of confidentiality, intellectual property infringement, or unauthorized use of the Software
- (b) Small Claims. Either party may bring an action in small claims court for disputes within the jurisdiction’s small claims limit
- (c) Government Enforcement. Disputes involving government enforcement actions, regulatory investigations, or criminal proceedings
- (d) Intellectual Property Validation. Disputes regarding the validity, scope, or enforceability of a party’s intellectual property rights
16.4 Arbitration Procedures
Arbitration shall be conducted:
- (a) Location: Brooklyn, Wisconsin, USA (or, by mutual agreement, remotely via video conference)
- (b) Rules: AAA Commercial Arbitration Rules (or AAA Consumer Arbitration Rules if you are a consumer using the Software primarily for personal, family, or household purposes)
- (c) Arbitrator: A single arbitrator mutually selected by the parties, with experience in commercial software disputes
- (d) Language: English
- (e) Discovery: Limited to the production of documents directly relevant to the dispute; no depositions unless the arbitrator determines they are necessary
- (f) Award: The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction
16.5 Costs of Arbitration
- (a) Arbitration Fees: The party initiating the arbitration shall pay the initial filing fee. All other arbitration fees and costs shall be allocated by the arbitrator in its award.
- (b) Reasonable Costs: If you initiate arbitration and the arbitrator finds the dispute to be frivolous, you shall reimburse Company for its reasonable costs and attorneys’ fees.
- (c) Consumer Relief: For consumers, the arbitration provider’s fee waiver rules and the consumer’s right to a reasonable number of documents shall apply as required by applicable law.
16.6 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO THIS AGREEMENT OR THE SOFTWARE. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE THE CLAIMS OF MORE THAN ONE PARTY OR TO PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
16.7 Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE.
16.8 Forum for Non-Arbitration Matters
For any dispute not subject to arbitration under Section 16.3, the exclusive jurisdiction and venue shall be the state and federal courts located in Brooklyn, Wisconsin, USA, and each party hereby consents to the personal jurisdiction of such courts.
16.9 Limitation on Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT SHALL BE PERMANENTLY BARRED. THE “CLAIM ACCRUES” DATE IS THE EARLIEST DATE ON WHICH YOU OR COMPANY COULD HAVE FILED THE CLAIM UNDER APPLICABLE LAW.
This limitation does not apply to claims for non-payment of fees or to claims for breach of confidentiality, which are subject to the statute of limitations under applicable law.
16.10 Equitable Relief
Notwithstanding the arbitration provisions of this Section 16, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction pending the outcome of arbitration. Seeking such relief shall not be deemed a waiver of the right to arbitrate.
17. GENERAL PROVISIONS
17.1 Governing Law
THIS AGREEMENT AND ANY DISPUTE ARISING OUT OF OR RELATED TO IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WISCONSIN, USA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.
17.2 Notices
(a) To Company: Notices to Company must be sent in writing to:
- AegisGate Security, LLC
- Attn: Legal Department
- Brooklyn, Wisconsin, USA
- Email: legal@aegisgatesecurity.io
(b) To You: Notices to you may be sent to:
- The email address associated with your account
- The postal address you provided during signup (if applicable)
- In-product notifications
(c) Effective Date: Notices are deemed effective:
- (i) For email: on the next business day after sending
- (ii) For in-product notifications: immediately upon display
- (iii) For postal mail: 3 business days after sending
(d) Legal Process: Legal process may be served at the address above. Company consents to service of process by certified mail, return receipt requested.
17.3 Force Majeure
Neither party shall be liable for any delay or failure to perform any obligation under this Agreement (excluding your payment obligations) due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, governmental actions, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power failures, denial-of-service attacks, or other causes beyond the affected party’s reasonable control. The affected party shall give prompt notice and use commercially reasonable efforts to mitigate the impact.
17.4 Assignment
- (a) By You: You may not assign this Agreement, in whole or in part, without Company’s prior written consent (which shall not be unreasonably withheld). Any attempted assignment without consent is void.
- (b) By Company: Company may assign this Agreement, in whole or in part, to:
- (i) An affiliate or subsidiary
- (ii) A successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets
- (iii) Any other entity with notice to you
- (c) Effect of Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.
17.5 No Agency
You and Company are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has authority to bind the other or to incur obligations on the other’s behalf.
17.6 No Third-Party Beneficiaries
Except as expressly set forth in Section 12 (Indemnification) and Section 17.7 (Severability), this Agreement is for the sole benefit of the parties and their permitted successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any other person any legal or equitable right, benefit, or remedy.
17.7 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected, and such invalid provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties’ original intent. If any provision of Section 10 (Warranty Disclaimer) or Section 11 (Limitation of Liability) is held unenforceable, the parties agree that the offending provision shall be enforced to the maximum extent permitted, and the parties shall negotiate in good faith to replace any unenforceable provision with a valid provision that most closely approximates the original intent.
17.8 Waiver
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this Agreement shall constitute a waiver of such right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise of any other right or remedy.
17.9 Entire Agreement
THIS AGREEMENT, TOGETHER WITH THE TERMS OF SERVICE, PRIVACY POLICY, DATA PROCESSING AGREEMENT, BUSINESS ASSOCIATE AGREEMENT (IF APPLICABLE), AND ANY ORDER FORMS, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, WARRANTIES, AND UNDERSTANDINGS (WHETHER ORAL OR WRITTEN), INCLUDING ANY PRIOR END-USER LICENSE AGREEMENTS.
17.10 Order of Precedence
In the event of a conflict between documents, the following order of precedence applies (highest first):
- Order Form (for the specific transaction)
- Data Processing Agreement (for personal data processing)
- Business Associate Agreement (for PHI processing)
- This End-User License Agreement
- Terms of Service
- Privacy Policy
- Subprocessor List
- Other linked policies (in the order referenced)
17.11 Amendment
This Agreement may be amended only by a written agreement signed by both parties, or as set forth in Section 1.2 (Changes to This Agreement).
17.12 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures, including but not limited to click-wrap, e-sign, and DocuSign-style signatures, shall have the same legal effect as original handwritten signatures.
17.13 Headings
The section and subsection headings used in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement.
17.14 Language
This Agreement is executed in the English language. If a translation is provided, the English-language version shall control in the event of any conflict.
17.15 Contact
For questions, complaints, or claims regarding this Agreement or the Software:
- Email: legal@aegisgatesecurity.io
- Postal: AegisGate Security, LLC, Attn: Legal Department, Brooklyn, Wisconsin, USA
- Website: aegisgatesecurity.io/contact.html
SIGNATURES
This Agreement is accepted by the act of creating an account, clicking “I agree,” installing the Software, or otherwise using the Software. The acceptance method, version hash, and timestamp are recorded in accordance with Section 1.4.
For Enterprise customers, this Agreement is executed by the parties’ authorized representatives:
| AEGISGATE SECURITY, LLC (“COMPANY”) | LICENSEE |
|---|---|
| By: _____________________________ | By: _____________________________ |
| Name: [Authorized Signatory] | Name: [Authorized Signatory] |
| Title: [Title] | Title: [Title] |
| Date: ____________________ | Date: ____________________ |
| Entity: AegisGate Security, LLC | Entity: [Customer Entity Name] |
EXHIBIT A: COMPLIANCE TIER MATRIX
This matrix summarizes the compliance frameworks supported by each subscription tier. Full terms for each framework are set forth in Section 6.3 and the related Data Processing Agreement, Business Associate Agreement, and PCI-DSS Vendor Agreement.
| Framework | Community | Developer | Professional | Enterprise |
|---|---|---|---|---|
| HIPAA | โ | โ | โ + BAA | โ + BAA |
| GDPR (EU/UK) | โ ๏ธ DPA required | โ + DPA | โ + DPA | โ + DPA |
| PCI-DSS | โ | โ | โ + Vendor Agr | โ + Vendor Agr |
| SOC 2 | โ | โ | โ | โ + audit coop |
| EU AI Act | โ | โ | โ | โ |
| CCPA / CPRA | โ | โ | โ | โ |
Legend: โ = supported | โ = not supported | โ ๏ธ = requires supplemental agreement
EXHIBIT B: SOFTWARE BILL OF MATERIALS REFERENCE
The Software Bill of Materials (SBOM) for each release of the Software is:
- Format: SPDX 2.3
- Location: aegisgatesecurity.io/legal/sbom.html
- Artifact: Attached to each release as a separate SBOM file
- Includes: All open source components, third-party libraries, and proprietary components
- Update frequency: Updated with each release of the Software
The current SBOM for the version of the Software you have licensed is available in your account dashboard or by contacting legal@aegisgatesecurity.io.
END OF AGREEMENT