By accessing or using Kepler Security, LLC's platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms constitute a binding legal agreement between you and Kepler Security, LLC, a Texas limited liability company.
Kepler provides a cloud-based security orchestration platform that aggregates, analyzes, and manages security findings from multiple security tools. Our Service includes:
To use our Service, you must:
You are responsible for all activity under your account. You must notify us immediately of any unauthorized access or security breaches.
You agree not to:
The Service and its original content, features, and functionality are owned by Kepler Security and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain ownership of any data you upload to the Service. By using our Service, you grant us a limited license to process and analyze your data solely to provide the Service.
Access to the Service requires a paid subscription. Fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law.
We reserve the right to modify subscription fees with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new fees.
We may offer free trial periods. At the end of the trial, your account will be automatically billed unless you cancel before the trial ends.
Your use of the Service is also governed by our Privacy Policy. We implement industry-standard security measures but cannot guarantee absolute security. You acknowledge that you use the Service at your own risk.
We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice and emergency maintenance without notice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEPLER SECURITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify and hold harmless Kepler Security, LLC from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of the Service or violation of these Terms.
You agree that violations of these Terms may cause Kepler Security, LLC immediate and irreparable harm that monetary damages cannot adequately remedy. Without prejudice to other rights and remedies available to Kepler Security, LLC, you agree that injunctive relief may be sought against you in order to remedy, or to prevent, a breach of these Terms in any court of competent jurisdiction.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KEPLER SECURITY, LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Nothing herein shall be deemed as obligating the parties to enter into or continue any business relationship. The relationship of the parties under these Terms is that of independent contractors. Neither party will be deemed to be an employee, agent, partner, or legal representative of the other for any purpose, and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other.
We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason. You may cancel your subscription at any time through your account settings.
Upon termination, your right to access the Service will immediately cease. We will delete your data within 90 days unless legally required to retain it.
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class action lawsuits.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Neither party shall be deemed to waive any of its rights, powers or remedies hereunder unless such waiver is in writing and signed by said party.
Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by you, in whole or in part, without the prior written consent of Kepler Security, LLC, which will not be unreasonably withheld. However, Kepler Security, LLC may assign its rights and obligations under these Terms to an affiliate or successor in interest by way of merger, acquisition, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.
The provisions of these Terms are severable, and if any one or more provisions may be determined to be unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable. No amendment, modification, supplement, or waiver of these Terms, or any of its provisions, shall be binding on the parties unless made in writing and duly executed by both parties. The failure of any party to enforce at any time any of the provisions of these Terms or to require at any time performance by the other party of any provision shall not be construed as a waiver of those provisions.
These Terms constitute the entire agreement between you and Kepler Security, LLC with respect to the use of the Service and supersede all prior written or oral agreements with respect hereto. These Terms may not be modified except by written instrument signed by a duly authorized representative of Kepler Security, LLC.
For questions about these Terms, please contact us at legal@keplersec.com.