Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Panguard AI, Inc. ("Panguard," "we," "us," or "our"), a company incorporated in Taipei, Taiwan. By accessing or using our website, products, or services (collectively, the "Service"), you agree to be bound by 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.

2. Description of Service

Panguard provides an AI-powered endpoint security platform that includes, but is not limited to: automated vulnerability scanning (Panguard Scan), continuous endpoint protection (Panguard Guard), AI-assisted security analysis (Panguard Chat), intelligent honeypot deployment (Panguard Trap), and automated compliance reporting (Panguard Report). The specific features available to you depend on your subscription plan.

3. Account Registration

To access the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Panguard immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information or that violate these Terms.

4. Subscription and Payment

4.1 Plans. Panguard offers subscription plans as described on our pricing page. Plan features, limits, and pricing are subject to change with 30 days prior written notice.

4.2 Billing. Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. All fees are quoted in US Dollars and are non-refundable except as expressly set forth herein.

4.3 Taxes. All fees are exclusive of applicable taxes. You are responsible for paying any taxes, duties, or levies imposed by taxing authorities, except for taxes based on Panguard's net income.

4.4 Late Payment. If payment is not received within 15 days of the due date, Panguard reserves the right to suspend access to the Service until all outstanding amounts are paid.

5. Free Trial

Panguard offers a 30-day free trial of the Service. During the trial period, you will have access to the features of the selected plan at no cost. At the end of the trial period, your account will be automatically downgraded to the free tier unless you subscribe to a paid plan. No credit card is required to initiate a free trial. Panguard reserves the right to modify or discontinue the free trial offer at any time.

6. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use the Service in any manner that is unlawful, harmful, fraudulent, or in violation of any applicable regulations.

7. Intellectual Property

7.1 Panguard IP. The Service, including all software, algorithms, AI models, user interfaces, designs, documentation, and trademarks, is owned by Panguard and is protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

7.2 Customer Data. You retain all rights to the data you submit to the Service ("Customer Data"). You grant Panguard a limited, non-exclusive license to process Customer Data solely for the purpose of providing the Service.

7.3 Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant Panguard a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into our products.

8. Data Rights

Panguard processes Customer Data in accordance with our Privacy Policy and, where applicable, our Data Processing Agreement. You acknowledge that anonymized and aggregated threat intelligence data derived from the Service may be used by Panguard to improve its products and contribute to collective cybersecurity efforts.

9. Service Level Agreement

For Pro and Business plan customers, Panguard provides a Service Level Agreement (SLA) guaranteeing 99.9% uptime availability. The full terms of the SLA, including service credits and exclusions, are set forth in our Service Level Agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PANGUARD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

PANGUARD'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PANGUARD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

THE SERVICE IS A SECURITY TOOL DESIGNED TO ASSIST WITH THREAT DETECTION AND RESPONSE. PANGUARD DOES NOT GUARANTEE THAT THE SERVICE WILL DETECT OR PREVENT ALL SECURITY THREATS. YOU ACKNOWLEDGE THAT NO SECURITY SOLUTION CAN PROVIDE ABSOLUTE PROTECTION.

11. Indemnification

You agree to indemnify, defend, and hold harmless Panguard and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any Customer Data you submit to the Service.

12. Termination

12.1 By You. You may terminate your account at any time by contacting support or through your account settings. Termination does not entitle you to a refund of any prepaid fees.

12.2 By Panguard. We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay applicable fees, or if we are required to do so by law. We may also discontinue the Service with 90 days prior notice.

12.3 Effect of Termination. Upon termination, your right to access the Service ceases immediately. Panguard will make your Customer Data available for export for 30 days following termination, after which it may be deleted.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan), without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Taipei, Taiwan, and the parties hereby consent to the personal jurisdiction and venue of such courts.

14. Dispute Resolution

14.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve any dispute informally by contacting each other and negotiating in good faith for a period of at least 30 days.

14.2 Arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms shall be finally resolved by binding arbitration administered by the Chinese Arbitration Association, Taipei, in accordance with its arbitration rules. The arbitration shall be conducted in English, and the arbitral award shall be final and binding.

14.3 Class Action Waiver. You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Changes to These Terms

Panguard reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. For material changes that affect your rights, we will provide at least 30 days prior notice via email or through the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.