PhrostByte Terms of Service

1. Accounts & Customer Obligations

You must maintain accurate account information, protect authentication credentials, and promptly notify PhrostByte about unauthorized access or suspected compromise. Administrators are responsible for managing team permissions and ensuring users comply with security policies, applicable laws, and acceptable use guidelines.

Acceptable Use

• Do not probe, scan, or test systems in violation of applicable law or third-party rights.
• Do not deploy malware, launch denial-of-service activity, or exfiltrate data that you do not own or have rights to analyze.
• Respect API rate limits, avoid sharing access tokens outside your organization, and keep integrations up to date.

2. Subscriptions, Billing & Renewals

Subscription fees, usage-based charges, and taxes are defined in the ordering document or subscription portal. Unless otherwise stated, subscriptions auto-renew for the same term at the then-current rates. Fees are non-refundable except when required by law or outlined in a service-level commitment. Late payments may result in suspension of access.

Proof-of-value evaluations are offered for a limited time and subject to additional terms. Upon expiration, continued use requires purchasing a paid subscription or discontinuing access and removing instrumentation.

3. Platform Access & Intellectual Property

PhrostByte grants a non-exclusive, non-transferable license to use the platform during the subscription term. All right, title, and interest in the platform, including updates, configurations, and documentation, remain with PhrostByte and its licensors. Feedback may be used to improve the services without obligation or attribution.

Customer retains ownership of data ingested, analyzed, or generated from your environments. You grant PhrostByte the rights necessary to process data solely to provide the services, perform security research, and generate anonymized analytics that do not identify you or your users.

4. Confidentiality & Data Security

Each party agrees to protect the other’s confidential information with the same care it uses to protect its own, and no less than reasonable care. PhrostByte implements administrative, technical, and physical safeguards designed to protect customer data, including encryption, role-based access controls, continuous monitoring, and incident response procedures. Additional details are available in our security overview and privacy policy.

5. Service Commitments & Support

PhrostByte provides support resources, technical guidance, and incident assistance based on the selected service tier. Published service level objectives describe availability targets and response windows. If we fail to meet an availability commitment, you may be eligible for service credits as described in the SLA.

6. Termination

Either party may terminate the Terms for material breach if not cured within thirty (30) days of written notice. You may terminate for convenience at the end of the current term by providing notice at least thirty days before renewal. Upon termination, you must cease accessing the platform, delete any locally stored confidential information, and we will make customer data available for export for up to thirty days, unless otherwise required by law.

7. Disclaimers & Limitation of Liability

Except as expressly stated, the services are provided “as is” without warranties of any kind, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, or exemplary damages, or lost profits. Each party’s total liability under these Terms is limited to the amount paid or payable in the twelve months preceding the claim.

8. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, excluding conflict of law rules. Disputes will be resolved through good-faith negotiations, followed by binding arbitration in Wilmington, Delaware, administered by the American Arbitration Association. Nothing prevents either party from seeking injunctive relief to protect intellectual property or confidential information.

9. Changes to These Terms

We may update these Terms to reflect improvements to the platform, security requirements, or legal changes. We will notify administrators via email or the dashboard at least thirty days before changes take effect. Continued use after the effective date constitutes acceptance of the revised Terms.

10. Export Controls & Sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to embargoes or sanctions enforced by the United States or other applicable jurisdictions. You agree not to export, re-export, transfer, or allow access to the services in violation of export control or trade laws and to obtain any required licenses before enabling access for restricted users.

11. Contact

Questions about these Terms or contractual requests can be sent to legal@phrostbyte.com or by mail to PhrostByte Legal, 1400 Mission Street, Suite 200, San Francisco, CA 94103, USA.