Terms of Service

By accessing or using the Safeguard platform, website, APIs, or any associated services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms and conditions that may apply.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to that organization.

If you do not agree to these Terms, you may not access or use the Services.

Eligibility:

• You must be at least 18 years old to use our Services
• You must have the legal capacity to enter into a binding agreement
• You must not be prohibited from using the Services under applicable laws

Safeguard provides a comprehensive Software Bill of Materials (SBOM) Intelligence Suite, including:

SBOM 360:

Autonomous security intelligence with AI-powered detection and remediation of software supply chain vulnerabilities.

SBOM Hub:

Centralized SBOM management and distribution platform for lifecycle management, compliance, and stakeholder collaboration.

Third Party Risk Manager (TPRM):

Enterprise-grade vendor security governance for identifying, validating, and managing third-party software risks.

Open Source Manager:

Premium vetted and verified open-source components with comprehensive security validation.

Service Availability:

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. Services may be temporarily unavailable for maintenance, updates, or circumstances beyond our control.

Service Modifications:

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice for material changes that affect your use of the Services.

Account Creation:

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account

Account Responsibilities:

You are responsible for:

• All activities that occur under your account
• Maintaining the security of your account credentials
• Ensuring authorized users comply with these Terms
• Any fees incurred through your account

Account Termination:

We may suspend or terminate your account if:

• You violate these Terms or any applicable policies
• You engage in fraudulent or illegal activities
• You fail to pay applicable fees
• We are required to do so by law

You may terminate your account at any time through your account settings or by contacting support@safeguard.sh.

Subscription Plans:

We offer various subscription tiers with different features and pricing. Current plans and pricing are available on our website at Safeguard/pricing.

Free Trial:

We may offer a free trial period for certain plans. At the end of the trial, you will be automatically enrolled in a paid subscription unless you cancel before the trial ends.

Payment Terms:

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all applicable fees
• Prices may change with 30 days' notice for monthly plans and at renewal for annual plans

Taxes:

You are responsible for all applicable taxes. If we are required to collect taxes, they will be added to your invoice.

Failed Payments:

If payment fails, we may:

• Retry the charge using any payment method on file
• Suspend access to paid features until payment is received
• Terminate your subscription after multiple failed attempts

Refunds:

• Annual subscriptions: Pro-rated refund available within 30 days of purchase
• Monthly subscriptions: No refunds for partial months
• Free trial conversions: Full refund within 7 days of first charge

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

Prohibited Activities:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services to transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to any part of the Services
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use the Services to compete with or benchmark against Safeguard
• Share your account credentials or allow unauthorized access
• Resell or redistribute the Services without authorization
• Use automated means to access the Services beyond permitted API usage
• Upload content that infringes intellectual property rights

Security Research:

If you discover a security vulnerability, please report it responsibly to security@safeguard.sh. Do not exploit vulnerabilities or access data without authorization.

Rate Limits:

API usage is subject to rate limits as specified in your subscription plan. Exceeding these limits may result in temporary suspension of access.

Your Data:

You retain all rights to data you upload to the Services ("Your Data"). By using the Services, you grant us a limited license to process Your Data solely to provide the Services.

Data Processing:

• We process Your Data in accordance with our Privacy Policy
• We implement industry-standard security measures to protect Your Data
• We do not sell Your Data to third parties
• We may use anonymized, aggregated data for service improvement

Data Portability:

You can export Your Data at any time through the platform or by contacting support. We provide data in standard formats (JSON, CSV, SPDX, CycloneDX).

Data Retention:

• Active accounts: Data retained while subscription is active
• Terminated accounts: Data deleted within 30 days unless legally required to retain
• You can request immediate deletion through account settings

Content Restrictions:

You agree not to upload content that:

• Is illegal, harmful, or violates third-party rights
• Contains malware or malicious code
• Violates export control laws
• Misrepresents its origin or purpose

SBOMs and Security Data:

You represent that you have the right to upload any SBOMs or security scan data and that such data does not contain unauthorized proprietary information of third parties.

Our Intellectual Property:

The Services, including all software, content, trademarks, and documentation, are owned by Safeguard or our licensors and protected by intellectual property laws.

License Grant:

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.

Restrictions:

You may not:

• Copy, modify, or create derivative works of the Services
• Remove or alter any proprietary notices
• Use our trademarks without written permission
• Claim ownership of any part of the Services

Your Intellectual Property:

You retain ownership of Your Data and any content you create using the Services.

Feedback:

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable license to use such feedback without compensation or attribution.

Open Source:

Some components of the Services may include open-source software, which is subject to its own license terms.

Service Warranty:

We warrant that the Services will perform substantially as described in the documentation. If the Services fail to meet this warranty, your exclusive remedy is to receive a pro-rated refund for the affected period.

DISCLAIMER:

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF RESULTS
• UNINTERRUPTED OR ERROR-FREE OPERATION

Security Disclaimer:

While we employ industry-standard security measures, we cannot guarantee that the Services will identify all vulnerabilities or prevent all security incidents. The Services are tools to assist your security efforts, not a guarantee of security.

Third-Party Services:

We are not responsible for third-party services, integrations, or content that you access through the Services.

Limitation of Damages:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAFEGUARD.SH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE SERVICES
• DAMAGES EXCEEDING THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM

Exceptions:

These limitations do not apply to:

• Fraud or intentional misconduct
• Breaches of confidentiality obligations
• Indemnification obligations
• Liability that cannot be limited by law

Allocation of Risk:

The limitations in this section reflect the allocation of risk between the parties and are an essential basis of the agreement between us.

Basis of the Bargain:

You acknowledge that we have set our prices and entered into these Terms in reliance upon the limitations of liability stated herein.

Your Indemnification:

You agree to indemnify, defend, and hold harmless Safeguard and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Data or content you upload to the Services
• Your negligence or willful misconduct

Our Indemnification:

We will indemnify you against claims that the Services infringe any third-party intellectual property rights, provided that:

• You promptly notify us of the claim
• You allow us to control the defense and settlement
• You cooperate with us in the defense

Exclusions:

We have no obligation to indemnify you for claims arising from:

• Modifications you make to the Services
• Combination with non-Safeguard products
• Your violation of these Terms
• Use of the Services after we notify you to cease

Remedies:

If the Services are held to infringe, we may, at our option:

• Obtain the right for you to continue using the Services
• Modify the Services to be non-infringing
• Terminate your subscription with a pro-rated refund

Termination by You:

You may terminate your account at any time by:

• Using the account deletion feature in your settings
• Contacting support@safeguard.sh
• Canceling your subscription through the billing portal

Termination by Us:

We may terminate or suspend your account:

• Immediately, if you breach these Terms
• With 30 days' notice, for any reason
• Immediately, if required by law

Effect of Termination:

Upon termination:

• Your right to access the Services ceases immediately
• We will delete Your Data within 30 days (unless legally required to retain)
• You remain responsible for any outstanding fees
• Provisions that by their nature should survive will remain in effect

Surviving Provisions:

The following sections survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and General Provisions.

Governing Law:

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

Dispute Resolution:

Before filing any claim, you agree to attempt to resolve disputes informally by contacting legal@safeguard.sh. We will attempt to resolve the dispute within 60 days.

Arbitration:

Any disputes not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California.

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.

Exceptions:

The following disputes are not subject to arbitration:

• Claims for injunctive relief
• Intellectual property disputes
• Small claims court matters

Jurisdiction:

For matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts in San Francisco, California.

Entire Agreement:

These Terms, together with the Privacy Policy and any additional terms, constitute the entire agreement between you and Safeguard regarding the Services.

Modifications:

We may modify these Terms at any time. Material changes will be notified via email or prominent notice on our website. Continued use after changes constitutes acceptance.

Assignment:

You may not assign your rights under these Terms without our consent. We may assign our rights to any affiliate or successor.

Severability:

If any provision is held unenforceable, the remaining provisions continue in effect. The unenforceable provision will be modified to reflect the parties' intent.

Waiver:

Our failure to enforce any provision does not waive our right to enforce it later.

Force Majeure:

We are not liable for failures caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

Notices:

Notices to you may be sent via email to your account email address. Notices to us should be sent to legal@safeguard.sh or:

Safeguard Legal Department

123 Security Street

San Francisco, CA 94105

Export Compliance:

You agree to comply with all applicable export and import laws. You may not use the Services in any country subject to U.S. sanctions.

Government Users:

If you are a U.S. government entity, the Services are provided as "commercial computer software" subject to applicable acquisition regulations.

We reserve the right to update these Terms at any time.

Notification:

• We will notify you of material changes via email at least 30 days before they take effect
• Minor changes may be posted on our website without direct notification
• The "Last Updated" date at the top of these Terms indicates when changes were made

Your Options:

If you disagree with any changes:

• You may terminate your account before the changes take effect
• For annual subscriptions, changes will apply at your next renewal
• Continued use of the Services after changes take effect constitutes acceptance

Review:

We encourage you to review these Terms periodically for updates.