LEGAL AGREEMENT & TERMS OF USE

Terms of Service

Global Cloud Service Agreement • Version 6.2 • Effective Date: October 2026

CRITICAL LEGAL NOTICE: THIS AGREEMENT GOVERNS YOUR USE OF THE EYEBALL PLATFORM. IT CONTAINS A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, A COMPREHENSIVE CLASS-ACTION WAIVER, ABSOLUTE WARRANTY DISCLAIMERS, RIGOROUS LIMITATIONS OF LIABILITY, A STRICT SHARED RESPONSIBILITY ALLOCATION, AND AN UNCONDITIONAL RELEASE AND COVENANT NOT TO SUE.

IMPORTANT - READ CAREFULLY

THE TERMS OF SERVICE SET FORTH HEREIN (THESE "TERMS" OR THIS "AGREEMENT") GOVERN ACCESS TO AND USE OF THE PROPRIETARY BROWSER SECURITY SOFTWARE, EXTENSIONS, CLOUD MANAGEMENT CONSOLES, TELEMETRY ENGINES, APIS, AND RELATED SERVICES (COLLECTIVELY, THE "SERVICES") OFFERED BY EYEBALL SECURITY INC. AND ITS AFFILIATES ("EYEBALL", "WE", "US", OR "OUR").

BY DOWNLOADING, INSTALLING, ENROLLING DEVICES INTO, ACCESSING, OR UTILIZING THE SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS, YOU (EITHER AN INDIVIDUAL OR THE LEGAL ENTITY ON WHOSE BEHALF YOU ACT, HEREINAFTER "CUSTOMER" OR "YOU") UNCONDITIONALLY AGREE TO BE BOUND BY EVERY PROVISION HEREOF. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE STRICTLY FORBIDDEN FROM DOWNLOADING, DEPLOYING, OR ACCESSING THE SERVICES.

1. DEFINITIONS AND SERVICE SCOPE

1.1 "Services": Refers collectively to all client-side browser extensions, in-DOM security agents, web administration dashboards, telemetry ingestion pipelines, rules engines, prompt sanitization filters, machine learning classifiers, APIs, software development kits (SDKs), documentation, and updates provided by EyeBall.

1.2 "Customer Data": Means electronic data, text, files, prompts, configurations, or records submitted by or on behalf of Customer and its authorized end users to or through the Services.

1.3 "Security Telemetry": Refers to anonymized, de-identified, or aggregated behavioral signals, event logs, threat indicators, DOM execution metrics, file hashes, URL reputations, extension manifests, and incident data collected during browser runtime.

2. SUBSCRIPTION LICENSE GRANT & PERMITTED USE

2.1 Limited License: Subject to timely payment of subscription fees and strict compliance with these Terms, EyeBall grants Customer a limited, non-exclusive, non-sublicensable, non-transferable, revocable right during the applicable subscription term to deploy the Services across Customer’s authorized fleet of enterprise browser instances strictly for internal cybersecurity defense.

2.2 Permitted Purpose: Customer shall utilize the Services solely for bona fide enterprise browser posture management, threat prevention, GenAI data loss prevention, and session hijacking mitigation in accordance with official EyeBall technical specifications.

2.3 Trial and Evaluation Licenses: If Customer accesses the Services under a trial, proof-of-concept (POC), or evaluation license, such license is strictly revocable at any time by EyeBall in its sole discretion without notice. Evaluation licenses are provided strictly "AS-IS" WITH ZERO WARRANTIES, ZERO SLA COMMITMENTS, AND ZERO INDEMNIFICATION OF ANY KIND.

3. STRICT RESTRICTIONS, ANTI-TAMPERING & ANTI-REVERSE ENGINEERING

Customer expressly agrees that it shall not, and shall not permit, authorize, or facilitate any employee, contractor, or third party to:

Reverse Engineer or Decompile: Reverse engineer, decompile, disassemble, translate, unbundle, reconstruct, or probe the source code, internal DOM instrumentation routines, behavioral heuristics, cryptographic signatures, or proprietary models of the Services;
Bypass Controls: Interfere with, circumvent, disable, or tamper with any security mechanisms, license enforcement counters, telemetry hooks, or operational boundaries of the software;
Competitive Analysis & Benchmarking: Conduct competitive benchmarking, penetration probing, fuzzing, or vulnerability testing against the Services or publish any comparative reviews without prior express written notarized authorization from EyeBall’s executive management;
Train Competing Models: Scrape, extract, or harvest telemetry, rules, heuristics, or output of the Services to train, calibrate, evaluate, or develop any competing browser extension, security software, or machine learning model;
Resell or Syndicate: Sell, resell, sublicense, rent, lease, time-share, white-label, or commercially syndicate the Services to any unauthorized third party.

4. SHARED RESPONSIBILITY MODEL & CUSTOMER CONFIGURATION DUTIES

4.1 Dynamic Threat Nature & No 100% Guarantee:

CYBERSECURITY THREATS, MALWARE CAMPAIGNS, PHISHING INFRASTRUCTURES, ZERO-DAY EXPLOITS, BROWSER ENGINE VULNERABILITIES, AND ADVERSARIAL LLM TECHNIQUES ARE CONTINUOUSLY EVOLVING AT EXTRAORDINARY VELOCITY. CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT NO CYBERSECURITY PLATFORM, INCLUDING EYEBALL, CAN DETECT, PREVENT, INTERCEPT, OR NEUTRALIZE 100% OF ALL THREATS, VECTORS, DATA LEAKS, SOCIAL ENGINEERING ATTEMPTS, OR ACTIVE EXPLOITS.

4.2 Customer Configuration & Policy Tuning: The Services operate pursuant to policies, regex configurations, allowlists, blocklists, entity parameters, and rule sets established and managed by Customer’s administrators. Customer bears sole and exclusive legal and operational responsibility for:

(a) Properly designing, auditing, testing, and maintaining appropriate security policies;
(b) Any misconfigurations, flawed regex patterns, overly permissive allowlists, or administrative oversights;
(c) Ensuring that employee endpoints meet minimum technical prerequisites and run supported browser versions;
(d) Reviewing and acting upon alerts, reports, and threat notices generated by the platform.

IN NO EVENT SHALL EYEBALL BE LIABLE FOR ANY SECURITY INCIDENT, DATA BREACH, PROMPT EXFILTRATION, SYSTEM HIJACKING, OR COMPROMISE RESULTING FROM CUSTOMER MISCONFIGURATION, DISABLED DEFENSES, WHITELISTING OMISSIONS, OR ADMINISTRATIVE ERROR.

5. SERVICE AVAILABILITY, THIRD-PARTY DEPENDENCIES & OUTAGES

5.1 Service Uptime & Maintenance: EyeBall uses commercially reasonable efforts to deliver high availability for cloud dashboards and rule distribution services. However, EyeBall does not warrant that the Services will be uninterrupted, continuous, completely error-free, or compatible with future unreleased versions of third-party browsers or operating systems.

5.2 Third-Party Operating Systems & Browser Forks: The Services interface with third-party operating systems (Microsoft Windows, macOS, Linux) and browsers (Google Chrome, Microsoft Edge, Chromium). Customer acknowledges that third-party vendors may issue operating system patches, browser manifest changes (e.g., Manifest V3 updates), or runtime updates that temporarily impair or disrupt browser extensions. EyeBall shall have zero liability for downtime or degraded enforcement caused by third-party browser updates or operating system conflicts.

5.3 Upstream Cloud Providers & Internet Infrastructure: EyeBall relies upon premier global hosting infrastructure (e.g., Cloudflare, AWS). EyeBall disclaims all liability for service delays, connection drops, cloud outages, transit disruptions, telecommunication failures, distributed denial-of-service (DDoS) attacks, or acts of God beyond its direct physical control.

5.4 Sole Remedy for Outages: For eligible paid enterprise subscriptions with an explicit Service Level Agreement (SLA) addendum, Customer’s sole and exclusive remedy for any availability shortfall shall be the receipt of proportional service credits as defined in said SLA addendum, with zero right to monetary damages, contract termination penalties, or consequential recovery.

6. INTELLECTUAL PROPERTY & THREAT TELEMETRY

6.1 EyeBall Intellectual Property: EyeBall and its licensors retain all worldwide right, title, and interest (including all patent, copyright, trademark, trade secret, and other proprietary rights) in and to the Services, underlying algorithms, client-side runtime engines, and all derivative works thereof. Nothing herein constitutes a sale of software.

6.2 Threat Telemetry & Machine Learning Rights: Customer grants EyeBall a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to ingest, extract, process, analyze, and aggregate Security Telemetry and threat artifacts collected through the Services. EyeBall may use such data to: (i) identify new attack vectors; (ii) calibrate heuristic classifiers and machine learning models; (iii) publish aggregated threat research; and (iv) enhance global threat mitigation for all subscribers.

6.3 Customer Feedback: Any suggestions, feedback, feature requests, or optimization proposals submitted by Customer become the sole and exclusive property of EyeBall without any compensation or accounting to Customer.

7. ABSOLUTE DISCLAIMER OF ALL WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, PLATFORM, EXTENSIONS, APIS, DASHBOARDS, RULESETS, AND ALL DOCUMENTATION ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

EYEBALL, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED, OR DERIVED FROM COURSE OF DEALING, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SYSTEM INTEGRATION, QUIET ENJOYMENT, NON-INFRINGEMENT, OR UNINTERRUPTED ERROR-FREE SECURITY COVERAGE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EYEBALL DOES NOT WARRANT OR GUARANTEE THAT: (I) THE SERVICES WILL PREVENT OR MITIGATE ALL UNAUTHORIZED NETWORK PENETRATIONS, DATA BREACHES, TOKEN THEFTS, CLICKFIX EXPLOITS, ADVERSARY-IN-THE-MIDDLE ATTACKS, OR GENAI PROMPT LEAKS; (II) THE DATA AND TELEMETRY PROVIDED WILL BE 100% ACCURATE OR TIMELY; (III) THIRD-PARTY WEB APPLICATIONS OR SAAS PLATFORMS WILL NEVER EXPERIENCE RENDERING ANOMALIES; OR (IV) DEFECTS WILL BE REMEDIATED WITHIN SPECIFIC TIME INTERVALS.

8. ABSOLUTE LIMITATION OF LIABILITY & DAMAGES WAIVER

8.1 COMPLETE WAIVER OF CONSEQUENTIAL & INDIRECT DAMAGES:

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, BREACH OF WARRANTY, OR OTHERWISE) SHALL EYEBALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, AFFILIATES, OR SUPPLIERS BE LIABLE TO CUSTOMER, ITS END USERS, OR ANY THIRD PARTY FOR ANY:

(A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES;
(B) LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, OR LOSS OF BUSINESS REPUTATION;
(C) COSTS OF RANSOM PAYMENTS, EXTORTION LOSSES, OR FORENSIC INCIDENT RESPONSE SERVICES;
(D) REGULATORY FINES, PENALTIES, OR ASSESSMENTS (INCLUDING GDPR, HIPAA, SEC, CCPA/CPRA, OR DORA ENFORCEMENTS);
(E) LOSS, CORRUPTION, DESTRUCTION, EXFILTRATION, OR TAMPERING OF CORPORATE DATA OR SECRETS; OR
(F) EXPENSES INCURRED IN PROCURING SUBSTITUTE CYBERSECURITY GOODS, SERVICES, OR PROXY INFRASTRUCTURE.

THE FOREGOING EXCLUSIONS APPLY EVEN IF EYEBALL HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.2 MAXIMUM MONETARY LIABILITY CAP:

IN ALL EVENTS, EYEBALL'S MAXIMUM AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE TECHNOLOGY, OR ANY SECURITY INCIDENT WHATSOEVER SHALL BE STRICTLY AND ABSOLUTELY LIMITED TO:

(I) FOR PAID ACTIVE COMMERCIAL SUBSCRIPTIONS: THE ACTUAL NET LICENSE FEES PAID BY CUSTOMER TO EYEBALL IN THE EXACT ONE (1) MONTH IMMEDIATELY PRECEDING THE FIRST OCCURRENCE GIVING RISE TO THE INITIAL CLAIM; OR
(II) FOR TRIAL, BETA, PROOF-OF-CONCEPT, EVALUATION, OR FREE ACCOUNTS: EXACTLY ZERO UNITED STATES DOLLARS ($0.00 USD).

9. COMPLETE RELEASE & COVENANT NOT TO SUE

CUSTOMER, FOR ITSELF AND ITS SUCCESSORS, AFFILIATES, AND ASSIGNS, HEREBY FULLY, IRREVOCABLY, AND FOREVER RELEASES, ACQUITS, WAIVES, AND DISCHARGES EYEBALL, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES FROM ANY AND ALL PAST, PRESENT, AND FUTURE CLAIMS, SUITS, CONTROVERSIES, DEMANDS, PROCEEDINGS, AND LIABILITIES ARISING FROM OR RELATED TO: (I) CYBERATTACKS, DATA COMPROMISES, OR RANSOMWARE ENCOUNTERED BY CUSTOMER; (II) UNAVAILABILITY, LATENCY, OR FUNCTIONAL DISRUPTIONS OF THE PLATFORM; (III) BROWSER RESTART OR EXTENSION COMPATIBILITY ANOMALIES; AND (IV) REGULATORY INQUIRIES CONCERNING END-USER MONITORING OR DATA PROTECTION COMPLIANCE.

CUSTOMER EXPRESSLY COVENANTS AND PROMISES NEVER TO INSTITUTE, PROSECUTE, JOIN, OR ASSIST IN ANY CIVIL LITIGATION, ARBITRATION, OR ACTION AGAINST EYEBALL CHALLENGING THE EFFICACY OF THE DEFENSES OR ASSERTING MONETARY RECOVERY FOR INFECTION, TOKEN THEFT, OR PROMPT DISCLOSURE.

10. CUSTOMER INDEMNIFICATION OBLIGATIONS

Customer shall defend, indemnify, and hold harmless EyeBall, its affiliates, licensors, directors, officers, employees, and contractors from and against any claims, losses, damages, liabilities, fines, judgments, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:

(a) Customer’s or its end users’ violation of these Terms or applicable privacy and labor laws;
(b) Failure by Customer to obtain all required authorizations, notices, and consents from employees regarding browser monitoring, keystroke scanning, prompt inspection, or extension management;
(c) Customer’s data, prompts, confidential secrets, or proprietary materials processed through the Services;
(d) Customer’s gross negligence, willful misconduct, or unauthorized modification of the Services.

11. DISPUTE RESOLUTION: MANDATORY ARBITRATION & CLASS ACTION WAIVER

11.1 Governing Law: These Terms and any dispute arising out of or related hereto shall be governed exclusively by the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law or the United Nations Convention on Contracts for the International Sale of Goods.

11.2 Mandatory Individual Arbitration: Except for actions seeking injunctive or equitable relief to protect intellectual property rights, all disputes, claims, or controversies shall be resolved exclusively through final and binding individual arbitration administered by JAMS (or AAA) in Wilmington, Delaware, before a single neutral arbitrator with substantial commercial cybersecurity experience.

11.3 COMPLETE WAIVER OF CLASS ACTIONS & JURY TRIAL:

CUSTOMER AND EYEBALL MUTUALLY AGREE THAT ALL CLAIMS AND DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS. BOTH PARTIES EXPRESSLY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY.

12. TERM, TERMINATION & SURVIVAL

12.1 Term: These Terms commence on the earlier of the date Customer accepts them or deploys the Services, and continue until all subscription licenses have expired or are terminated.

12.2 Termination for Cause: Either party may terminate upon thirty (30) days’ written notice of a material breach if such breach remains uncured. EyeBall may terminate immediately without notice if Customer breaches Section 2 (Restrictions), Section 3 (Anti-Reverse Engineering), or Section 11 (Compliance).

12.3 Effect of Termination: Upon termination, Customer shall immediately cease all use of the Services, remove all browser extensions from enterprise endpoints, and certify in writing to EyeBall that all instances have been decommissioned.

12.4 Survival: Sections 1, 3, 4, 6, 7, 8, 9, 10, 11, and 13 shall survive termination of these Terms indefinitely.

13. MISCELLANEOUS & INTEGRATION

13.1 Entire Agreement: These Terms, together with any executed Service Order or Enterprise Order Form, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or purchase orders. No modification shall be binding unless in writing and signed by an authorized executive officer of EyeBall.

13.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be reformed to the minimum extent necessary to achieve the parties’ economic and legal objectives, and all remaining provisions shall continue in full force and effect.

13.3 Force Majeure: Neither party shall be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including cyber warfare, government embargoes, telecommunication grid collapses, power outages, or labor disputes.

13.4 Contact Information: Formal legal notices must be delivered in writing via certified mail or via email to EyeBall at: info@eyeballsecurity.com.

EYEBALL SECURITY ENTERPRISE COMPLIANCE & LEGAL TRUST GROUP

For master services agreements (MSA), custom enterprise rider requests, or data processing addenda (DPA), please contact info@eyeballsecurity.com.