Terms of Service - Prospera - Fast, Secure Payment Solution

1. INTRODUCTION

Welcome to MindFort AI ("MindFort," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the MindFort platform, website, and services, including our autonomous security platform that provides continuous red teaming, vulnerability assessment, and remediation services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree with these Terms, you must not access or use our Services.

2. SERVICES DESCRIPTION

MindFort provides an autonomous security platform that uses AI-powered agents to find, validate, triage, and patch vulnerabilities in web applications and external networks on a recurring basis. Our platform operates without human intervention in the penetration testing process, providing continuous security testing and compliance reporting.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To use certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

4. USE OF SERVICES

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services only for your own web applications and networks for which you have proper authorization to test.

4.2 Restrictions

You agree not to use our Services:

• To violate any applicable law, regulation, or third-party rights

• To conduct security testing on any systems for which you do not have explicit permission

• To attempt to gain unauthorized access to our platform, systems, or networks

• To interfere with or disrupt the integrity or performance of our Services or third-party data

• To circumvent any limitations or restrictions implemented on our Services

• To reverse engineer, decompile, or disassemble our software

• To create competitive products or services or to copy any features, functions, or graphics

4.3 API Usage and Integration

If you use our APIs, you agree to comply with any documentation or restrictions we provide. You are responsible for all activities that occur under your API credentials.

5. PAYMENT TERMS

5.1 Fees and Billing

You agree to pay all fees specified for the Services you select. All payments are non-refundable unless otherwise specified in these Terms or required by law. You authorize us to charge your designated payment method for all fees incurred.

5.2 Subscription Terms

Our Services are available on a subscription basis. Your subscription will automatically renew at the end of each subscription period unless you cancel it prior to renewal.

5.3 Price Changes

We reserve the right to change our prices at any time. If we change the fees for your subscription, we will provide notice prior to the change taking effect.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

All rights, title, and interest in and to our Services, including all intellectual property rights therein, are and will remain our exclusive property. Nothing in these Terms shall be deemed to transfer any ownership rights in our Services to you.

6.2 Feedback

If you provide feedback, ideas, or suggestions regarding our Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback for any purpose.

6.3 Your Content

You retain ownership of any information, data, content, or materials that you upload to our Services ("Your Content"). You grant us a worldwide, non-exclusive license to use, host, store, reproduce, modify, and distribute Your Content solely for purposes of providing and improving our Services.

7. CONFIDENTIALITY AND DATA SECURITY

7.1 Confidentiality

We will treat Your Content as confidential and will not disclose it to third parties except as necessary to provide our Services or as required by law. You agree to maintain the confidentiality of any non-public information you receive from us regarding our Services.

7.2 Security Vulnerabilities

Our Services may identify security vulnerabilities in your systems. You are responsible for addressing these vulnerabilities. We are not responsible for any damages that may result from unaddressed vulnerabilities that our Services identify.

7.3 Data Processing

We will process your data in accordance with our Privacy Policy. You represent and warrant that you have all necessary rights and permissions to provide Your Content to us and that your use of our Services does not violate any third-party rights or applicable laws.

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

8.1 Service Provided "AS IS"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Security Testing Limitations

While our Services are designed to identify security vulnerabilities, we do not guarantee that they will identify all vulnerabilities. All security testing has inherent limitations and may not replicate all possible attack scenarios. You acknowledge that there is no such thing as completely secure software or networks.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 Cap on Liability

OUR MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MindFort, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of our Services; (b) your breach of these Terms; (c) Your Content; or (d) your violation of any law or the rights of any third party.

10. TERM AND TERMINATION

10.1 Term

These Terms will remain in effect until terminated by either you or us as described below.

10.2 Termination by You

You may terminate these Terms at any time by canceling your subscription and ceasing all use of our Services.

10.3 Termination by Us

We may terminate or suspend your access to all or part of our Services immediately, without prior notice, for any reason, including, without limitation, if we believe that you have violated these Terms.

10.4 Effect of Termination

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification.

11. GENERAL PROVISIONS

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

11.2 Dispute Resolution

Any dispute arising from or relating to these Terms or our Services will be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

11.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

11.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

11.5 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

11.6 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without your consent.

11.7 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our Services and supersede all prior agreements and understandings.

11.8 Modifications

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through our Services or by other means. Your continued use of our Services after the changes take effect constitutes your acceptance of the modified Terms.

BETA SERVICES DISCLAIMER

12. BETA STATUS AND LIMITATION OF LIABILITY

12.1 Beta Status

The Services provided by MindFort AI are currently in beta testing phase. "Beta" means that the Services are still under development, may contain bugs, errors, or other issues, and may not perform as intended or expected. The Services are provided for evaluation and testing purposes and are not yet finalized or commercially released products.

12.2 No Warranties for Beta Services

IN ADDITION TO THE DISCLAIMERS IN SECTION 8, THE BETA SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDFORT AI EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MINDFORT AI MAKES NO WARRANTY THAT THE BETA SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE, UNINTERRUPTED, OR AVAILABLE AT ALL TIMES.

12.2 No Warranties for Beta Services

12.3 Complete Release of Liability

BY USING THE BETA SERVICES, YOU HEREBY IRREVOCABLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE MINDFORT AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS, EXPENSES, AND DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE BETA SERVICES.

12.4 Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE BETA SERVICES AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU MAY ENCOUNTER BUGS, ERRORS, OR OTHER PROBLEMS, AND THAT THE BETA SERVICES MAY NOT BE FULLY FUNCTIONAL. YOU ACCEPT ALL RISKS ASSOCIATED WITH USING THE BETA SERVICES, INCLUDING, BUT NOT LIMITED TO, THE RISK OF NEGATIVE IMPACTS ON YOUR SYSTEMS, NETWORKS, DATA, OR OPERATIONS.

12.5 No Reliance

YOU ACKNOWLEDGE THAT THE BETA SERVICES ARE NOT INTENDED TO BE RELIED UPON FOR SECURITY-CRITICAL OPERATIONS WITHOUT INDEPENDENT VERIFICATION. DESPITE MINDFORT AI'S EFFORTS TO IDENTIFY SECURITY VULNERABILITIES IN YOUR SYSTEMS, THE BETA SERVICES MAY FAIL TO IDENTIFY EXISTING VULNERABILITIES OR MAY IDENTIFY VULNERABILITIES THAT DO NOT ACTUALLY EXIST.

12.6 No Consequential Damages

UNDER NO CIRCUMSTANCES WILL MINDFORT AI BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE BETA SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MINDFORT AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.7 Feedback and Improvements

You agree that MindFort AI may use any feedback you provide regarding the Beta Services for any purpose, including to improve and enhance the Services, without any obligation to you.

12.8 Changes to Beta Services

MindFort AI reserves the right to modify, suspend, or discontinue any part of the Beta Services at any time without prior notice or liability.

13. CONTACT US

If you have any questions about these Terms, please contact us at founders@mindfort.ai.