Terms of Service

1. Acceptance of Terms

By accessing or using Unpatched.ai ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. The Service is only available in certain supported regions. These Terms incorporate our Privacy Policy, Credit Terms, and Vulnerability Discovery and Disclosure Policy by reference.

If you use the Service on behalf of a company or organization that has a separate written agreement with us (such as a Master Services Agreement), that agreement governs your use of the Service to the extent it conflicts with these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Unpatched.ai is a cybersecurity platform. Its main product is a cybersecurity agent you chat with to execute cybersecurity-related tasks, such as triaging suspicious files, analyzing logs and packet captures, hunting for threats, checking for vulnerabilities, and more.

We store your conversations so you can return to them later, and you can delete them at any time. See Section 6 for how we handle the use of your data for model training.

The Service is offered on a developmental, experimental basis. We may add, change, or remove features and products without notice as we improve the platform. Unless we state otherwise, these Terms govern your use of any product or feature we offer under Unpatched.ai.

3. Eligibility and Account Registration

You must be at least 18 years old and located in a supported region to use the Service. We may require identity verification at any time as a condition of continued access to the Service. When you create an account, you must provide accurate information and keep it up to date. You are responsible for maintaining the security of your account and for all activity that occurs under it. We reserve the right to approve, deny, or revoke access to the Service at our sole discretion, for any reason or no reason, regardless of whether you meet the eligibility criteria.

4. User Responsibilities

You agree that you will:

• Only upload files, logs, or other content that you own or have explicit authorization to analyze
• Handle any vulnerabilities or security issues you discover with the agent responsibly, in accordance with our Vulnerability Discovery and Disclosure Policy
• Use the Service only for legitimate cybersecurity purposes, not to probe, test, or find vulnerabilities in Unpatched.ai itself or its infrastructure
• Not use the Service for any unlawful purpose, to generate harmful or abusive content, or in violation of any applicable laws or regulations
• Not attempt to interfere with, compromise, or disrupt the Service or its infrastructure
• Not reverse-engineer, decompile, or attempt to extract the source code of the Service
• Not resell, sublicense, or redistribute the Service or its outputs without our written consent
• Not use the Service, or any outputs from it, to develop or train an AI model, product, or service that competes with the Service, or attempt model extraction or theft attacks
• Not scrape, harvest, or extract data from the Service by automated means
• Not publish or share the results of any benchmark or evaluation of the Service unless you include all information necessary to replicate the test
• Not submit data that is subject to specific regulatory protections beyond those that apply to personal data generally, such as protected health information governed by HIPAA, cardholder data governed by PCI-DSS, or nonpublic personal information governed by the Gramm-Leach-Bliley Act

5. Conversations and Uploads

As part of a conversation, you may upload files such as logs, packet captures, or suspicious samples for the agent to analyze. By uploading content, you represent that you own it or are authorized to submit it for analysis. Uploaded files are processed in ephemeral, sandboxed environments and stored as part of your conversation so you can resume your work. You may delete a conversation, and its associated uploads, at any time. See our Privacy Policy for details on how this data is handled.

6. AI Processing and Model Training

The Service uses third-party AI models to power the agent. The messages you send and the files you upload may be sent to the AI provider for processing. Agent responses are generated by automated systems and may be inaccurate, incomplete, or unsafe for some uses; you are responsible for reviewing and validating outputs before relying on or acting on them.

WE WILL NOT USE YOUR CONVERSATIONS — THE MESSAGES AND FILES YOU SUBMIT AND THE RESPONSES THE AGENT GENERATES — TO TRAIN ANY AI MODEL, OR ALLOW ANY THIRD PARTY TO TRAIN ON THEM, UNLESS YOU HAVE EXPLICITLY AGREED TO SUCH USE. Additional exceptions, such as content flagged for security review or content you report to us, are described in our Privacy Policy.

7. Intellectual Property, Feedback, and Usage Data

You retain all ownership rights to the content you submit and the conversations you create. We do not claim any ownership over your content. The Service itself, including its design, software, branding, and documentation, is owned by Unpatched.ai and protected by applicable intellectual property laws. The underlying methodology, prompts, and analysis techniques that power the agent remain our intellectual property.

Because agent responses are generated automatically, similar or identical responses may be provided to other users. You receive no rights to responses generated for anyone else.

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and act on that feedback without restriction or any obligation to you.

We may collect and analyze technical data and learnings about how you use and interact with the Service ("Usage Data") for security, analytics, and to operate and improve the Service. Usage Data excludes the contents of your conversations and uploads. We may share Usage Data with third parties only in aggregated or de-identified form that does not identify you.

8. Confidentiality

Definition. "Confidential Information" means non-public information disclosed by one party (the "Discloser") to the other (the "Recipient") in connection with the Service, whether or not it is marked or identified as confidential. Your Confidential Information includes your conversations — the messages and files you submit and the responses the agent generates — together with any vulnerabilities, findings, or other security information they contain or that you derive from them. Our Confidential Information includes the non-public features and functionality of the Service, the methodology, prompts, and analysis techniques that power the agent, our internal security documentation, pricing that is not publicly posted, product roadmaps, and the results of any benchmark or evaluation of the Service.

Obligations. The Recipient will (a) use the Discloser's Confidential Information only as necessary to provide or use the Service, (b) protect it using at least the degree of care it applies to its own confidential information of like importance, and in no event less than reasonable care, and (c) not disclose it to any third party except as permitted below. This Section grants the Recipient no license or other right in the Discloser's Confidential Information beyond what these Terms expressly provide.

Permitted disclosures. We may disclose your Confidential Information: (a) to the service providers and sub-processors described in our Privacy Policy, to the extent necessary to operate the Service and subject to confidentiality obligations no less protective than this Section; (b) to our employees, contractors, and affiliates who need it to provide or support the Service and who are bound by comparable obligations; (c) where you access the Service through an account provisioned by an organization, to that organization and its administrators, as described in our Privacy Policy; (d) as described in Sections 6 and 7 and our Privacy Policy, including content flagged for security or abuse review and content you report to us; and (e) in connection with a merger, acquisition, financing, reorganization, or sale of assets, provided this Section continues to apply to it.

Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available other than through a breach of this Section by the Recipient; (b) was rightfully known to the Recipient, without any obligation of confidentiality, before the Discloser disclosed it; (c) is rightfully received from a third party without breach of any obligation of confidentiality; (d) is independently developed by the Recipient without use of or reference to the Discloser's Confidential Information; or (e) is feedback you provide to us, or Usage Data, as those are described in Section 7.

Compelled disclosure. The Recipient may disclose Confidential Information to the extent required by law, regulation, subpoena, or court or governmental order. Unless legally prohibited from doing so, the Recipient will give the Discloser reasonable advance notice so the Discloser may seek a protective order, and will disclose only the portion of Confidential Information that is required.

Duration. The obligations in this Section apply while you use the Service and for three (3) years after the later of your last use of the Service or the termination of your account, except that Confidential Information that constitutes a trade secret remains protected for as long as it qualifies as a trade secret under applicable law.

Remedies. The parties acknowledge that unauthorized use or disclosure of Confidential Information may cause harm for which monetary damages are an inadequate remedy, and that the Discloser is entitled to seek injunctive or other equitable relief in addition to any other remedies available to it.

No separate non-disclosure agreement. This Section is intended to serve as the parties' mutual confidentiality agreement with respect to the Service. We do not ordinarily sign separate non-disclosure agreements for self-service accounts. If your organization requires separate or additional confidentiality terms, contact us at legal@unpatched.ai.

9. Billing and Credits

Certain features of the Service require a paid subscription. Subscriptions are billed in advance on a recurring basis through Stripe and include a monthly allotment of usage credits, governed by our Credit Terms; you may purchase additional credits as needed. All fees are stated in US dollars and are non-refundable except as expressly provided in these Terms or as required by law. We reserve the right to change pricing with 30 days' notice; continued use of the Service after a price change constitutes acceptance of the new pricing.

Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You authorize us and our payment processor to charge your payment method for the applicable fees and taxes on each renewal date. You may cancel at any time from your billing settings or by contacting us; to avoid being charged for the next period, you must cancel before the current period renews. Cancellation takes effect at the end of the current billing period.

Payments are processed by Stripe. By providing a payment method, you agree to Stripe's terms and authorize Stripe to store your payment method and continue billing it (including after it expires) to avoid interruptions in your access. We are not responsible or liable for payments processed through Stripe.

If any amount you owe is past due, we may suspend or terminate your access to paid features, and you are responsible for reasonable costs of collection. If your payment method is no longer valid when a renewal fee is due, we may delete your account and its associated data.

10. Beta and Early-Access Services

Unpatched.ai is offered as an early-access, experimental service (currently labeled Early Alpha), and we may make additional beta, pilot, or early-access features available from time to time. Such features are provided for evaluation, are not fully supported, may be changed or discontinued at any time, and may be subject to additional terms. They are provided "as is" and "as available," without warranty of any kind, and, to the fullest extent permitted by law, we will have no liability arising out of or in connection with your use of them. You use them at your own risk.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Agent responses are generated by automated analysis and may contain errors, false positives, or miss real threats. We do not guarantee that the Service will identify all threats or vulnerabilities in the material you submit. You should not rely solely on the Service for your security posture.

12. Limitation of Liability

To the maximum extent permitted by law, Unpatched.ai and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, including but not limited to damages for loss of profits, data, or other intangible losses. Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

13. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Unpatched.ai and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) the content, files, or data you submit to the Service; (c) your violation of these Terms or any applicable law or regulation; or (d) any claim that your content infringes or misappropriates the intellectual property, privacy, publicity, or other rights of any third party. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that matter.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service if you violate these Terms, if required by law, or if we discontinue the Service. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, Intellectual Property, and Governing Law) will continue to apply.

15. Responsible Disclosure

Unpatched.ai is an early-stage, experimental platform. There will be bugs. If you discover a security issue in the Service itself during the course of normal, legitimate use, we ask that you report it to us privately at security@unpatched.ai. We appreciate good-faith reports and will make reasonable efforts to address confirmed issues promptly.

Unauthorized testing, scanning, or probing of Unpatched.ai systems is not permitted under these Terms. We reserve the right to distinguish between good-faith security research and adversarial conduct, and to respond accordingly.

16. Export Controls and Sanctions

You must comply with all applicable trade, export control, and economic sanctions laws. You may not use the Service, or export or re-export any output from it, in or to any country, region, or territory subject to comprehensive U.S. sanctions, or to any person or entity with whom dealings are prohibited or restricted under applicable trade laws, including any party on a U.S. government restricted-party list. You represent that you are not located in, and will not use the Service on behalf of anyone located in, such a country, region, or territory, and that the data you submit does not require a government license for release or export.

17. Communications

We may send you transactional communications about your account and the Service, such as sign-in links, billing notices, and security alerts. We may also occasionally send promotional communications; you can opt out of these using the unsubscribe link or instructions they contain, though you cannot opt out of transactional communications while you maintain an account. By using the Service, you consent to receive communications from us electronically, and you agree that any notices, disclosures, and agreements we provide electronically satisfy any legal requirement that such communications be in writing.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

19. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy, Credit Terms, and Vulnerability Discovery and Disclosure Policy, are the entire agreement between you and Unpatched.ai regarding the Service and supersede any prior agreements on the same subject.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full effect.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that or any other provision.

Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, government action, or failures of internet, power, or third-party service providers.

20. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the change becoming effective. Continued use of the Service after changes constitutes acceptance of the updated Terms. The "Last updated" date at the top of this page indicates when the Terms were last revised.

21. Contact

If you have questions about these Terms, contact us at legal@unpatched.ai.