Terms of Service

Last updated: January 18, 2025

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the SecGuard phishing simulation and security awareness training platform (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

SecGuard provides AI-powered phishing simulation, security awareness training, and compliance reporting tools designed to help organizations improve their cybersecurity posture. The Service includes email simulations, training modules, analytics dashboards, and reporting features.

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the authority to bind your organization to these Terms. By registering, you represent that all information provided is accurate and current.

2.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Implementing multi-factor authentication when available

3. Acceptable Use

3.1 Permitted Use

You may use the Service only for:

  • Internal security awareness training within your organization
  • Testing your employees' ability to identify phishing attempts
  • Generating compliance reports and documentation
  • Improving your organization's cybersecurity posture

3.2 Prohibited Activities

You agree NOT to:

  • Use the Service to send actual phishing attacks or malicious content
  • Target individuals outside your organization without authorization
  • Attempt to reverse engineer, decompile, or disassemble the Service
  • Use the Service for any illegal or unauthorized purpose
  • Interfere with or disrupt the Service or servers
  • Access another user's account without permission
  • Remove or alter any proprietary notices or labels
  • Use the Service to harass, abuse, or harm others
  • Resell or redistribute the Service without authorization

4. Subscription and Payment

4.1 Subscription Plans

SecGuard offers various subscription tiers (Starter, Growth, Enterprise) as described on our pricing page. Subscription fees are billed in advance on a monthly or annual basis.

4.2 Payment Terms

  • All fees are in U.S. Dollars unless otherwise stated
  • Payment is due upon subscription or renewal
  • We accept credit cards, ACH transfers, and wire transfers
  • Enterprise customers may negotiate custom payment terms
  • Failure to pay may result in service suspension or termination

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 7 days before renewal. You will be charged the then-current rate for your plan.

4.4 Refund Policy

We offer a 30-day money-back guarantee for new subscriptions. If you're not satisfied within 30 days of initial payment, contact us for a full refund. Refunds are not available for renewals or mid-cycle cancellations.

5. Free Trial

We offer a 14-day free trial with full access to features. No credit card is required for the trial. At the end of the trial, you must select a paid plan to continue using the Service. Data from your trial will be retained for 30 days if you don't upgrade.

6. Data and Privacy

6.1 Your Data

You retain all rights to your data. We process your data solely to provide the Service. See our Privacy Policy for details on how we handle data.

6.2 Data Security

We implement industry-standard security measures, but no system is 100% secure. You acknowledge that you use the Service at your own risk. We are not liable for unauthorized access resulting from your failure to secure your credentials.

6.3 Data Backup and Retention

We regularly back up data but are not responsible for data loss. You should maintain your own backups of critical data. Upon account termination, we will delete your data within 30 days unless retention is required by law.

7. Intellectual Property

7.1 Our IP

SecGuard and all related trademarks, logos, and content are our property or our licensors'. You may not use our IP without prior written permission.

7.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription term.

8. Service Level and Support

8.1 Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance with or without notice. Service Level Agreements (SLAs) are available for Enterprise customers.

8.2 Support

  • Starter: Email support during business hours
  • Growth: Priority support (24/5)
  • Enterprise: 24/7 priority support with dedicated engineer

9. Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of material changes. Continued use after changes constitutes acceptance.

10. Termination

10.1 By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds for partial months.

10.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Fail to pay fees when due
  • Use the Service in a way that harms us or others
  • Engage in fraudulent or illegal activity

11. Disclaimers and Limitations of Liability

11.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECGUARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold SecGuard harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of others.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes will be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. You waive the right to participate in class actions.

14. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and SecGuard
  • Severability: If any provision is found invalid, the remaining provisions remain in effect
  • No Waiver: Our failure to enforce any right does not waive that right
  • Assignment: You may not assign these Terms without our consent. We may assign to any successor
  • Force Majeure: We are not liable for delays due to circumstances beyond our control

15. Contact Information

Questions about these Terms? Contact us:

Email: legal@secguard.app

Address: SecGuard Inc., 123 Security Boulevard, Suite 500, San Francisco, CA 94105, USA

Phone: +1 (415) 555-0123

Effective Date: January 18, 2025
Version: 2.0