Terms of Service

Welcome, and thank you for your interest in Enclave AI Inc. d/b/a Enclave (“Enclave,” “we,” “our,” or “us”) and our website at https://enclave.ai/ along with our related websites, hosted applications, or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Enclave regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “CONTINUE,” OR BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ACCEPTANCE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ENCLAVE’S USAGE POLICY https://enclave.ai/legal/usage-policy, AND ENCLAVE’S PRIVACY POLICY https://enclave.ai/legal/privacy-policy (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND ENCLAVE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ENCLAVE AND BY YOU TO BE BOUND BY THESE TERMS.

1. Enclave Service Overview.

Enclave provides an AI-powered code security platform designed to assist development teams in identifying and addressing security vulnerabilities in their software code. The Service includes Enclave’s web-based interface, the Enclave downloadable app (“App”), one or more application programming interfaces Enclave may make available (“API”), and workspace environments that allow you to organize and assess different code bases (“Workspace”). Any professional services, consulting, or custom development work provided by Enclave will be governed by a separate written agreement and are not covered by these Terms.

2. Eligibility.

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service are in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. User Registration and Access Rights

3.1. Accounts and Registration.

To access the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You may also register for an account to use the Service through third party identity providers such as GitHub or Google. If you choose to use a third party identity provider to register for an account, you acknowledge and agree that you may also be subject to the terms of service and privacy policies of the applicable third-party identity provider. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@enclave.ai.

3.2. Entity Access.

If the email address you use to register for an account has a domain owned by your employer or another third party entity (other than a third party email provider, e.g., Google’s Gmail), your account may be linked to that organization’s Enclave enterprise account, and the organization’s administrator may be able to monitor and control the account, including having access to your Outputs and Customer Data. Enclave will provide you with notice before linking your account to an organization’s enterprise account. However, if the organization is responsible for notifying you, or has already informed you, that it may monitor and control your account, Enclave may not provide additional notice.

3.3. Authorized Users.

You may have the option to invite your employees, contractors, or third parties (collectively, “Authorized Users”) to access and use your Workspaces on your behalf, subject to the configuration of your account and applicable usage tier, or you may be invited to accept an invitation as an Authorized User of an account on the Service that is controlled by a third party. Authorized Users must also create an account and accept these Terms before accessing the Service. For Authorized Users you invite to your Workspaces, you are solely responsible and liable for: (a) all activity conducted by your Authorized Users under their login credentials; (b) managing, limiting, and revoking Authorized User access, including promptly terminating access when no longer needed or upon any violation of these Terms; and (c) ensuring Authorized Users are only granted access to those portions of the Service necessary for their purposes.

3.4. Enclave Rights and Responsibilities.

Enclave reserves the right to suspend or revoke any Authorized User’s access if Enclave reasonably believes the Authorized User has violated these Terms. For the avoidance of doubt, Enclave shall have no obligations to Authorized Users except as set forth in these Terms or as required by applicable law. As between Enclave and Authorized Users, Authorized Users are solely responsible for performing any obligations they owe to you.

4. Licenses

4.1. Limited License.

Subject to your complete and ongoing compliance with these Terms, including the Usage Policy (defined below), Enclave grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of the App on a device that you own or control; and (b) access and use the Service.

4.2. License Restrictions.

Except and solely to the extent such a restriction is impermissible under applicable law, you and your Authorized Users may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; (c) use the Service to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or seek to access the source code of the Service, except to the extent expressly permitted by applicable law; (e) remove or obscure any proprietary notices in the Service; (f) publish benchmarks or performance information about the Service; or (g) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

4.3. Usage Policy.

You may only use the Services in compliance with these Terms, including Enclave’s usage policy, available at https://enclave.ai/legal/usage-policy (the “Usage Policy”) which is incorporated by reference into these Terms. You must cooperate with reasonable requests for information from Enclave to support compliance with its Usage Policy, including to verify your identity and use of the Services.

4.4. Feedback.

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Enclave an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

4.5. Use of API.

To the extent you use the API, you will comply with our published API documentation and any other information or policies we make available from time to time. In addition to any restrictions or limitations set forth in such documentation (and without limiting these Terms), you will not: (a) use the API in a manner that, in Enclave’s discretion, exceeds specified call/query volumes, constitutes abusive or excessive use, or otherwise fails to comply with or is inconsistent with these Terms; or (b) make any representations or warranties about the API to any third party.

4.6. Support.

Enclave will use commercially reasonable efforts to provide support in connection with your use of the Service. Except as expressly stated in these Terms, Enclave is under no obligation to support or maintain the Service or to provide any updates, upgrades, or other technical support to you with respect to the Service or your Customer Data (defined below). You acknowledge that your use of, and if applicable your purchase of access to, the Service is not contingent upon the delivery of any future functionality or features, nor dependent on any oral or written statements, whether public or private, made by Enclave regarding future functionality, features, or enhancements of the Service.

5. Data

5.1. Input; Output.

The Service may enable you (and your Authorized Users) to submit, upload, or make available to the Service (including via Third-Party Platforms) prompts, data, files, information, code, materials (including documents and applications), queries, instructions, and other content (collectively “Input”). As part of the Service, the Service may generate results, documents, materials, suggestions, and other output based on your (and your Authorized Users) Input (“Output”). As between you and Enclave, Enclave hereby assigns to you all right, title, and interest in and to the Output. The Input and Output are collectively “Customer Data.”

5.2. Data License.

You grant Enclave the non-exclusive, worldwide, sublicensable right to use, copy, store, disclose, transmit, transfer, publicly display, modify, and create derivative works from Customer Data only as necessary to: (a) provide the Services; (b) derive or generate information produced from the use of the Services, which data does not identify you or any other natural human persons, such as technical logs, data, and learnings about your, and your Authorized Users’, use of the Services, but excluding any identifiable Customer Data (collectively, “Usage Data”); (c) create and compile Customer Data that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies you or a specific individual (collectively, “Aggregated Data”); (d) share Customer Data with Authorized Users in accordance with the permissions you set; and (e) as otherwise required by applicable laws or regulations or as agreed to in writing between the parties. You also grant each Authorized User a non-exclusive license to access Customer Data through Enclave, and to use, reproduce, distribute, display, edit, perform, and otherwise interact with such Customer Data in accordance with your permissions, Enclave’s functionality, and these Terms.

5.3. Usage Data; Aggregated Data.

Enclave may collect, access, use, disclose, transfer, transmit, store, or otherwise process (“Process”) Usage Data and Aggregated Data for any legally permitted purpose, such as to: (a) track use of Services for billing purposes; (b) provide support for Services; (c) monitor the performance and stability of the Services; (d) prevent or address technical issues with the Services; (e) develop new products and services; (f) to improve Services and its other products and services, including the algorithms, models, and other content available on or through the Services; and (g) for all other lawful business practices, such as analytics, benchmarking, and reports. You will not interfere with the collection of Usage Data.

5.4. Service Improvement.

Enclave may only use Customer Data for the purpose of training and improving the Service with your consent or authorization. Enclave will notify you of the consent or authorization mechanism through your account settings, email, or other written communication. By providing consent or authorization, you hereby grant Enclave a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, and create derivative works from Customer Data for the purpose of training and improving Enclave’s artificial intelligence (“AI”) models and algorithms. You understand and agree that Enclave may process and incorporate Customer Data into its AI training datasets. Enclave will use commercially reasonable efforts to anonymize or de-identify Customer Data used for AI training where feasible and appropriate but does not guarantee complete anonymization. You may withdraw your consent or change your preferences at any time through the method made available in your account settings. Withdrawal of consent or changes to your preferences will apply prospectively and will not affect Customer Data already used for training prior to the change. If you have Authorized Users, your consent or authorization under this Section applies to all Customer Data, including Customer Data submitted or generated by your Authorized Users. You are solely responsible for determining whether to provide, withdraw, or modify consent under this Section on behalf of your Authorized Users, and for communicating any such decisions to your Authorized Users.

5.5. Marketing Open Source Project Findings.

If you are using the Service under the “Open Source” plan for public repositories (described at https://enclave.ai/#pricing), you hereby consent to Enclave featuring your project name and vulnerability findings (after resolution) in Enclave’s marketing materials, case studies, and website. This may include identifying specific public repositories, describing vulnerabilities discovered by the Service, and showcasing security improvements made. Enclave will only publish findings that you have marked as resolved in the Service. You are responsible for accurately updating the status of vulnerabilities in the Service. You represent and warrant that you have the authority to consent to such publication on behalf of the applicable project. You may opt out of this marketing use at any time through your account settings. Enclave may continue to use previously published materials even after you opt out but will make commercially reasonable efforts to remove your project from future marketing materials upon request. This Section does not apply to users on paid plans or free plans that include private repositories.

6. Ownership; Proprietary Rights.

The Service is owned and operated by Enclave. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, the App, the API, Usage Data, and all other elements of the Service provided by Enclave, including any modifications or improvements to these items made by Enclave (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Enclave or its third-party licensors. Except as expressly authorized by Enclave, you may not make use of the Materials. There are no implied licenses in these Terms and Enclave reserves all rights to the Materials not granted expressly in these Terms.

7. Fees

7.1. General Pricing and Payment Terms.

Enclave offers multiple pricing tiers for the Service, including both free and paid options. The features, functionality, and access levels available to you will vary depending on your selected pricing tier. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currencies provided on Enclave’s website and, except as expressly provided by applicable law, are non-refundable, except as required by law.

7.2. Price.

Enclave reserves the right to determine pricing for the Service. Enclave will make reasonable efforts to keep pricing information published on the website up to date which is available on our https://enclave.ai/#pricing (the “Pricing Page”). All prices are shown on the Pricing Page. Any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities are calculated during the check-out process based on your location. We encourage you to check our website periodically for current pricing information. Enclave may change the price of any feature of the Service; if this occurs, Enclave will provide you advance notice of the changes before they apply. Enclave, at its sole discretion, may make promotional offers with different features and different pricing to any of Enclave’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Notwithstanding anything to the contrary in these Terms, any entity subject to a separately negotiated enterprise agreement with Enclave may have different pricing and terms. In the event of a conflict or inconsistency between these Terms and an enterprise agreement, the enterprise agreement will govern.

7.3. Payment Processing.

Enclave may utilize third-party payment processor(s) (e.g., Stripe) (“Payment Processor”) to facilitate transactions for the Service. By purchasing the Service and making payments, you agree to be bound by the terms and conditions and privacy policies of the applicable Payment Processor. You acknowledge and understand that the Payment Processor may collect and process certain information from you, including but not limited to your payment information, billing address, and transaction history, in accordance with their privacy policy. This information is collected and processed by the Payment Processor for the purpose of facilitating payment transactions and preventing fraud. Enclave is not responsible for any security breaches or unauthorized access to your information that may occur on the Payment Processor’s systems. If Enclave utilizes a Payment Processor to facilitate transactions, you agree to comply with the platform agreement provided by that Payment Processor. To the fullest extent permitted by applicable law, Enclave shall not be liable for any errors, omissions, or security breaches related to the Payment Processor’s services. Any disputes related to payment processing should be addressed directly with the Payment Processor in accordance with their terms of service. Enclave may use Stripe, Inc. (“Stripe”) as our Payment Processor (https://stripe.com). For specific details regarding Stripe’s services, please refer to the following links: Stripe services agreement: https://stripe.com/legal/consumer and Stripe privacy policy: https://stripe.com/privacy. You understand that the Payment Processor may modify its services and terms and conditions at any time.

7.4. Delinquent Accounts.

Enclave may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of the unpaid amount, including collection fees. You acknowledge and agree that Enclave shall not be liable to you or any third party for any consequences, losses, damages (including, but not limited to, loss of data, loss of profits, business interruption, or any indirect, consequential, special, or punitive damages), or other liabilities arising out of or related to Enclave’s suspension or termination of your access to the Service due to your failure to pay amounts due.

8. Third-Party Software and Platforms.

8.1. Third-Party Platforms.

Enclave may make available one or more integrations through the Service that enable you to import or export information, including Customer Data, to or from your account on a Third-Party Platform. A “Third-Party Platform” means any third-party platform, add-on, service, or product not provided by Enclave that you elect to integrate or enable for use with the Service. If you direct Enclave to transmit Customer Data to, or receive Customer Data from, a Third-Party Platform on your behalf, then you authorize Enclave to Process any such data in connection with the applicable integration, in a manner consistent with the functionality of the Services requested by you and the permissions granted to Enclave by the relevant integration (which Processing may include performing queries on the data held by the Third-Party Platform). Use of Third-Party Platforms is subject to your agreement with the relevant provider and not these Terms. Enclave does not control and has no liability for any Third-Party Platform, including their security, functionality, operation, availability, or interoperability with the Services or how the Third-Party Platforms use Customer Data.

8.2. Open Source.

The Service may incorporate third-party open source software (“OSS”), as listed in the support documentation or otherwise disclosed by Enclave in writing. To the extent required by the OSS license, that license will apply to the OSS on a stand-alone basis instead of these Terms.

9. Your Obligations.

By enabling an integration with a Third-Party Platform on the Service, you represent and warrant that you have the necessary licenses, rights, consents, and permissions to authorize Enclave to access your Customer Data on such Third-Party Platform and exercise the licenses granted by you in these Terms in the manner contemplated by Enclave, the Service, and these Terms. You will be responsible for enabling Enclave to access and use each item of Customer Data, including to the extent they are stored on a Third-Party Platform. You retain responsibility for your contractual obligations with respect to Customer Data, including Enclave’s access to the materials on a Third-Party Platform. You are responsible for your Customer Data, including its content and accuracy. You represent and warrant that you have made all disclosures, provided all notices, and have obtained all rights, consents, and permissions necessary for Enclave to Process and use the Customer Data as set forth in these Terms without violating or infringing applicable laws, third-party rights, or terms or policies that apply to the Customer Data. You will provide and maintain any hardware, software, other technology, and infrastructure that is necessary for you to access and use the Service.

10. Communications.

10.1. Email.

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

10.2. Push Notifications.

When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

11. Prohibited Conduct.

BY USING THE SERVICE, YOU AGREE NOT TO:

1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

2. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

3. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Enclave;

4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;

7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or

8. attempt to do any of the acts described in this Section 11 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 11 (Prohibited Conduct).

12. Artificial Intelligence Technology.

You acknowledge and agree that the Services use large language models and other generative AI models and tools to provide the Services. The Output may be generated through machine learning processes and is not tested, verified, endorsed, or guaranteed to be accurate, complete, or current by Enclave. You acknowledge that due to the nature of the Services and artificial intelligence technologies generally, the Output may not be unique and other users of the Services may receive output from the Services that is similar or identical to the Output. You should independently review and verify all Output as to appropriateness for any or all of your use cases or applications. You acknowledge and agree that: (a) the Services may produce inaccurate, incomplete, misleading, or erroneous Output; (b) it is your sole responsibility to verify the accuracy of any information obtained from the Services; and (c) you are responsible for your own reliance on the Output. Please visit Enclave’s Trust Center at https://trust.enclave.ai (“Trust Center”) for a list of the large language models currently used by the Service.

13. Trials and Betas.

If you receive access to the Services or features thereof on a free or trial basis or as an alpha, beta, or early access offering (“Trials and Betas”), use is permitted only for your internal evaluation during the period designated by Enclave (or if not designated, 30 days). Trials and Betas are optional and either party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete, or include features that Enclave may never release, and their features and performance information are Enclave’s confidential information. Notwithstanding anything else in these Terms, Enclave provides no warranty, indemnity, or support for Trials and Betas, and its liability for Trials and Betas will not exceed US$50.

14. Modification of Terms.

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 14 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

15. Term, Termination, and Modification of the Service

15.1. Term.

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2 (Termination).

15.2. Termination.

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Enclave may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by following the instructions provided on the Service or by contacting customer service at support@enclave.ai.

15.3. Effect of Termination.

Upon termination of these Terms: (a) your license rights will terminate and you and your Authorized Users must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must ensure that all Authorized Users immediately cease use of the Service and you must revoke all Authorized User access; and (d) Sections 4.4 (Feedback), 5 (Data), 6 (Ownership; Proprietary Rights), 15.3 (Effect of Termination), 16 (Indemnity), 17.2 (Enclave’s Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Dispute Resolution and Arbitration), and 20 (Miscellaneous) will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification. After expiration or termination of these Terms, Enclave will be under no obligation to store or retain the applicable Customer Data and may delete the applicable Customer Data at any time in its sole discretion.

15.4. Modification of the Service.

Enclave reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Updates to the Service may be deployed automatically or may require you to download and install such updates. Enclave will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.

16. Indemnity.

To the fullest extent permitted by law, you are responsible for your and your Authorized Users’ use of the Service, and you will defend and indemnify Enclave, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Enclave Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your or your Authorized Users’ unauthorized use of, or misuse of, the Service; (2) your or your Authorized Users’ violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your or your Authorized Users’ violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) breach of contract with a third party; or (5) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

17. Warranties; Disclaimers

17.1. User Warranties.

You represent and warrant that you have made all disclosures, provided all notices, and obtained all rights, consents, and permissions necessary for Enclave to access, use, disclose, transfer, transmit, store, host, or otherwise use and Process Customer Data as set forth in these Terms without violating or infringing any applicable laws, third-party rights, or terms or policies. You are responsible for providing and maintaining any hardware, software, other technology, and infrastructure that is necessary for you to access and use the Services. You represent and warrant that your use of the Services will at all times comply with applicable law and will not infringe the rights of any third party.

17.2. Enclave’s Disclaimer of Warranties.

THE SERVICE AND ALL MATERIALS, APPS, APIS, OUTPUT, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ENCLAVE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, APPS, APIS, OUTPUT, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ENCLAVE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, OUTPUT, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ENCLAVE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

THE SERVICE USES MACHINE LEARNING TO ANALYZE CODE AND IDENTIFY AND ADDRESS POTENTIAL SECURITY VULNERABILITIES. YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF MACHINE LEARNING, THE OUTPUT MAY CONTAIN INACCURACIES, ERRORS, OR OMISSIONS. ANY OUTPUT PROVIDED THROUGH THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD ALWAYS EXERCISE YOUR INDEPENDENT JUDGMENT WHEN DETERMINING WHETHER THE OUTPUT IS APPROPRIATE FOR YOUR PARTICULAR USE CASE. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER TO USE THE OUTPUT GENERATED FROM THE SERVICE. ENCLAVE WILL NOT BE LIABLE FOR ANY MISTAKES, INACCURACIES, OR OMISSIONS IN THE INSIGHTS OR YOUR RELIANCE ON THE OUTPUT.

NO INSIGHTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ENCLAVE ENTITIES OR ANY MATERIALS, OUTPUT OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ENCLAVE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR: (a) YOUR USE OF OR RELIANCE ON ANY OUTPUT, INCLUDING ANY RECOMMENDATIONS OR SUGGESTIONS; (b) ANY ERRORS, INACCURACIES, OR OMISSIONS IN ANY OUTPUT; OR (c) ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 17.2 (ENCLAVE’S DISCLAIMER OF WARRANTIES) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ENCLAVE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT ENCLAVE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

18. Limitation of Liability

18.1.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ENCLAVE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ENCLAVE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

18.2.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ENCLAVE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, INCLUDING ANY CLAIMS ARISING FROM OR RELATED TO YOUR AUTHORIZED USERS’ ACCESS TO OR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO ENCLAVE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

18.3.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19. Dispute Resolution and Arbitration

19.1. Disputes.

In the event of a dispute, claim or controversy relating to these Terms (“Dispute”), the parties will first attempt in good faith to informally resolve the matter. The party raising the Dispute must notify the other party (“Dispute Notice”). The other party will respond to the Dispute Notice in a timely manner. If the parties have not resolved the dispute within 45 days of delivery of the Dispute Notice, either party may seek to resolve the dispute through arbitration as stated in Section 19.2 (Arbitration). Disputes will be determined by a sole arbitrator in New Castle County, Delaware pursuant to the Comprehensive Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. Any dispute between Enclave and an Authorized User will first be directed to you for resolution in accordance with this Section. You agree to cooperate with Enclave in good faith to resolve any such Authorized User dispute. Notwithstanding the foregoing, Enclave reserves the right to bring claims directly against an Authorized User for: (a) infringement or misappropriation of Enclave’s intellectual property rights; (b) violations of the license restrictions; (c) violations of the prohibited conduct provisions; or (d) unauthorized use of the Service following termination.

19.2. Arbitration.

Any Dispute will be determined in English by final, binding arbitration. Judgment on any award issued through the arbitration process in this 19.2 (Arbitration) may be entered in any court having jurisdiction. EACH PARTY AGREES THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW IN CONNECTION WITH THESE TERMS.

19.3. Equitable Relief.

This Section 19 (Dispute Resolution and Arbitration) does not limit either party from seeking equitable relief.

20. Miscellaneous

20.1. General Terms.

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Enclave regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

20.2. Governing Law.

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Enclave submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Delaware, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

20.3. Privacy Policy and Trust Center.

Please read Enclave’s Privacy Policy (available at https://enclave.ai/legal/privacy-policy) (“Privacy Policy”) carefully and visit Enclave’s Trust Center (available at https://trust.enclave.ai) for information relating to our collection, use, storage, processing and disclosure of your personal information. The Enclave Privacy Policy and the documents available in the Trust Center are incorporated by this reference into, and made a part of, these Terms.

20.4. DPA.

Enclave’s Data Processing Agreement (available at https://enclave.ai/legal/data-processing-agreement) applies to your use of the Service and is incorporated by this reference into, and made a part of, these Terms.

20.5. Additional Terms.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

20.6. Consent to Electronic Communications.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

20.7. Contact Information.

The Service is offered by Enclave AI Inc. d/b/a Enclave located at 8 The Green # 23625 Dover, Delaware 19901, USA. You may contact us by sending correspondence to that address or by emailing us at support@enclave.ai.

20.8. International Use.

The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

20.9. Notice Regarding Apple.

This Section 20.9 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Enclave only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.