These Terms of Service (“Terms”) govern access to and use of the website, software, APIs, dashboards, agents, and related services (collectively, the “Services”) provided by Stealthium, Inc. (“Stealthium,” “we,” “our,” or “us”).
1. Acceptance of Terms
By accessing or using the Stealthium website, platform, APIs, software, or related services (the “Services”), you agree to be bound by these Terms of Service (“Terms”).
If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
If you do not agree, do not use the Services.
2. Scope; Order of Precedence
These Terms govern use of the Services unless Stealthium and Customer have entered into a separate written agreement governing such use.
If there is a conflict between these Terms and a separately executed written agreement between the parties (including but not limited to a Master Services Agreement, NDA, Pilot Agreement, or Evaluation Agreement), the terms of that written agreement shall control.
3. Description of Services
Stealthium provides a runtime security and behavioral monitoring platform designed to analyze and protect cloud workloads, virtualization environments, and AI model infrastructure.
The Services may include:
- Software agents
- APIs
- Dashboards
- Monitoring tools
- Beta features
Stealthium may modify, suspend, or discontinue features at its discretion.
4. No Marketing or Publicity Rights
Customer may not use Stealthium’s name, logo, trademarks, or branding without prior written consent.
Stealthium may not use Customer’s name, logo, trademarks, or identify Customer publicly without prior written consent.
Nothing in these Terms grants either party publicity rights.
5. Confidentiality
Information disclosed by either party that is marked confidential or that reasonably should be understood as confidential shall be treated as confidential.
However, if a separate NDA exists between the parties, that NDA governs confidentiality obligations.
6. Acceptable Use
Customer shall not:
- Reverse engineer, decompile, or attempt to derive source code
- Circumvent security mechanisms
- Use the Services for unlawful purposes
- Interfere with operation of the Services
- Conduct unauthorized security testing without written approval
7. Customer Data
Customer retains ownership of all data submitted to the Services.
Customer grants Stealthium a limited license to process Customer Data solely to provide and improve the Services.
Stealthium does not claim ownership of Customer Data.
Stealthium may use anonymized and aggregated data for analytics and platform improvement, provided such data does not identify Customer.
8. Intellectual Property
All rights, title, and interest in the Services, including all software, algorithms, models, and improvements, remain exclusively with Stealthium.
No rights are granted except as expressly stated.
9. Beta Services Disclaimer
Any beta, preview, or evaluation features are provided “as is” without warranties and may be discontinued at any time.
10. Warranties Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
STEALTHIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No uptime or availability guarantees are provided unless stated in a separate written agreement.
11. Limitation of Liability
To the maximum extent permitted by law:
Stealthium shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or business interruption, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.
Stealthium’s total aggregate liability arising out of or relating to these Terms shall not exceed the fees paid to Stealthium in the twelve (12) months preceding the event giving rise to the claim.
If no fees were paid, Stealthium’s total aggregate liability shall not exceed one thousand U.S. dollars ($1,000).
The foregoing limitations shall not apply to liability resulting from fraud or willful misconduct to the extent such limitation is prohibited by applicable law.
12. Indemnification
You shall indemnify, defend, and hold harmless Stealthium and its officers, directors, employees, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your misuse of the Services
- Your violation of applicable law
- Your breach of these Terms
13. Export Compliance
You agree not to access or use the Services in violation of U.S. export control laws, sanctions laws, or other applicable international trade regulations.
14. Termination
Stealthium may suspend or terminate your access to the Services if you violate these Terms.
Upon termination, your right to access and use the Services shall immediately cease.
15. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.
16. Dispute Resolution; Arbitration; Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration.
If you are located in the United States, arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. If you are located outside the United States, arbitration shall be administered under the ICC Arbitration Rules.
The seat of arbitration shall be San Francisco, California. The arbitration shall be conducted in English. California law shall govern these Terms without regard to conflict of law principles.
Each party shall bear its own attorneys’ fees and costs unless otherwise required by applicable law or awarded by the arbitrator.
The parties agree that any dispute shall be conducted on an individual basis only and not as a class, collective, consolidated, or representative action. The arbitrator shall have no authority to conduct class arbitration or to consolidate claims of different parties.
Nothing in this Section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
17. Entire Agreement; Severability; Assignment
These Terms constitute the entire agreement between the parties regarding the Services unless superseded by a separately executed written agreement.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
You may not assign these Terms without Stealthium’s prior written consent.
Stealthium may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Contact: legal@stealthium.com