Binary Defense AI Terms and Conditions

These Binary Defense AI Terms and Conditions (the “AI Terms”) govern your purchase of, access to, and use of, any artificial intelligence (or similar technology) services, features, or functionalities provided by Binary Defense as part of the Services (“Binary Defense AI”). These AI Terms are incorporated into the services agreement entered into by and between Client and Binary Defense (the “Agreement”). To the extent of a conflict or inconsistency between the Agreement and these AI Terms, these AI Terms shall control with respect to the Binary Defense AI. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement.

Unless otherwise agreed to in writing, Binary Defense reserves the right to, at any time in its sole and absolute discretion, charge additional fees for access to or use of the Binary Defense AI.

BY ACCEPTING THESE AI TERMS, BY CHECKING A BOX INDICATING ACCEPTANCE TO THESE AI TERMS OR TERMS INCORPORATING THESE AI TERMS, OR BY ACCESSING OR OTHERWISE USING BINARY DEFENSE AI, CLIENT CONSENTS AND AGREES: (1) THAT CLIENT HAS READ AND UNDERSTANDS THESE AI TERMS; AND (2) THAT CLIENT AGREES TO BE BOUND BY THESE AI TERMS.

1. Binary Defense AI

Any Binary Defense AI that Client uses are a part of the Services. As between Binary Defense and Client, Binary Defense is the sole and exclusive owner of all rights, title, and interest in and to the Binary Defense AI, including, without limitation, all IP Rights associated with the Binary Defense AI. Except as used within the Services in compliance with the limited rights provided to Client under the Agreement, Client shall have no rights or license in or to the Binary Defense AI. All rights not expressly granted herein or in the Agreement are hereby reserved to and retained by Binary Defense.

2. Input & Content

Client may submit content to be processed by Binary Defense AI (“Input”) and receive analysis generated and provided by Binary Defense AI based on the Input (“Output”). Client shall limit Input to information and data related to security events (“Security Event Data”). Client represents and warrants that Client (i) has all rights, licenses, and permissions necessary to provide all Input to the Binary Defense AI and for Binary Defense AI to process such Input as permitted in these AI Terms, and (ii) will not include any Prohibited Data as Input. “Prohibited Data” means (a) government issued ID numbers such as passport numbers, Social Security Numbers, taxpayer numbers, driver’s license numbers, (b) individual medical or health information (including, without limitation, protected health information under the federal Health Information Portability and Accountability Act), (c) payment card information subject to the Payment Card Industry Data Security Standard, (d) individual financial information or account numbers (including without limitation, credit or debit card numbers or bank account numbers), or (e) “special” or “sensitive” categories of personal data as defined under applicable law. Client will indemnify, defend, and hold harmless Binary Defense from and against any claims, causes of action, losses, liabilities, damages, fines, penalties, costs, and expense (including, without limitation, reasonable attorneys’ fees) arising from the breach of these AI Terms by Client.

Client is solely responsible for any Input (including, without limitation, the accuracy, quality, appropriateness, and legality thereof) as well as Client’s use of and decisions made based on the Output. Client will ensure that its Input and use of Binary Defense AI does not: (i) violate any applicable federal, state, local, or foreign laws, rules, or regulations; (ii) violate these AI Terms or the Agreement; or (iii) infringe, violate, or misappropriate the intellectual property or proprietary rights of Binary Defense or any third party.

3. Training and Opt Out Process

Client hereby grants Binary Defense the worldwide, irrevocable, perpetual, royalty-free, assignable, transferrable, sublicenseable right and license to process and use Input and Output to design, develop, train, improve, maintain, configure, and customize the Binary Defense AI (for Binary Defense’s and other users’ and customers’ benefit); provided, that, Client may opt-out of Binary Defense’s processing and use of Input and Output to train the Binary Defense AI by exercising the right to opt-out thereof by sending notice of such opt-out via email to info@binarydefense.com.

Due to the nature of the Binary Defense AI and artificial intelligence generally, Output may not be unique and other users and customers may receive output from their use of the Binary Defense AI that is similar to or the same as the Output received by Client hereunder.

4. Disclaimer

Artificial intelligence and machine learning tools are rapidly evolving and experimental in nature. Binary Defense takes commercially reasonable efforts designed to improve the Binary Defense AI. However, given the nature of artificial intelligence and machine learning, use of the Binary Defense AI may, in some situations, provide Output that is not accurate. As such, Client hereby acknowledges and agrees that (i) Binary Defense AI uses experimental technology; and (ii) Output may not meet Client’s desired use and may be inaccurate. Client must use discretion when relying on or otherwise using the Binary Defense AI and any Output therefrom. BINARY DEFENSE AI IS PROVIDED TO CLIENT “AS IS” WITHOUT ANY INDEMNITIES, REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE), AND BINARY DEFENSE AI MAY BE MODIFIED, DISCONTINUED, OR CANCELED AT ANY TIME FOR ANY REASON AT THE SOLE DISCRETION OF BINARY DEFENSE. IN NO EVENT WILL BINARY DEFENSE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH BINARY DEFENSE AI OR CLIENT’S USE THEREOF. CLIENT’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF BINARY DEFENSE AI AND ANY AND ALL OUTPUT THEREFROM IS TO CEASE UTILIZING THE BINARY DEFENSE AI AND SUCH OUTPUT.

4. Policies & Guidelines

Without limiting any obligations set forth in the Agreement, Client is prohibited from using the Binary Defense AI: (i) to develop artificial intelligence or machine learning models or similar technology; (ii) to mislead any person that Output from the Binary Defense AI was human generated; (iii) in a manner that violates any technical documentation, usage guidelines, or other terms and conditions, including but not limited to the Agreement and these AI Terms; or (iv) for medical, legal, financial, or other professional advice. Output must always be reviewed by human personnel of Client and is not a substitute for advice from a qualified human professional.

Access to and use of the Binary Defense AI may be subject to additional guidelines and policies, as provided by Binary Defense from time to time.