Terms of Use

Last Updated: March 25, 2025

These Terms of Use (these Terms) are entered into between Nonvolatile Inc. D/B/A Confident Security (“Confident Security”, “we”, or “us”) and you or the organization on whose behalf you are agreeing to these Terms (“Customer”) and shall govern Customer’s access and use of the Confident Security’s hosted AI Inference Engine and any other products and services as made available to the Customer (collectively, “Service”).

By registering for, accessing, using, or subscribing to use the Service, or otherwise affirmatively manifesting your intent to be bound by these Terms, you represent and warrant that you have: (a) all necessary rights and authority necessary to enter into these Terms on behalf of Customer; (b) you are over 18 years of age; (c) read, understood, and agree to be bound by these Terms on Customer’s behalf, as well as any other agreements referenced herein and any future modifications thereto; and (d) agree to be bound by these Terms.

BEFORE YOU ACCEPT THESE TERMS, PLEASE NOTE THAT THE SERVICES ARE PROVIDED SOLELY FOR EVALUATION PURPOSES. ANY USE INVOLVING PRODUCTION DATA, PRODUCTION ENVIRONMENTS, OR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT PRIOR WRITTEN AUTHORIZATION. YOU ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES ON AS IS BASIS AND YOU ARE USING THE SERVICES AT YOUR OWN RISK. IF YOU WISH TO USE THE SERVICES FOR ANY SUCH PURPOSES, PLEASE CONTACT SALES@CONFIDENT.SECURITY TO DISCUSS LICENSING OPTIONS.

THESE TERMS AND CONDITIONS GOVERN CUSTOMER’S USE OF THE SERVICE, UNLESS CUSTOMER AND CONFIDENT SECURITY HAS EXECUTED A SEPARATE WRITTEN AGREEMENT GOVERNING CUSTOMER’S ACCESS TO OR USE OF THE SERVICE. IF YOU DON’T HAVE NECESSARY AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE CUSTOMER, OR YOU DON’T AGREE WITH ALL THESE TERMS, THEN YOU MAY NOT ACCESS AND/OR USE THE SERVICES AND CONFIDENT SECURITY IS UNABLE TO GRANT YOU ACCESS OR USE OF THE SERVICE TO THE CUSTOMER.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES.

DEFINITIONS

For the purposes of these Terms, the following terms have the meanings ascribed to them below:

Customer means the person or entity that clicks through the submit button to use and access the Service.

“Effective Date” means the date when the Customer first clicks through the submit button to accept these Terms.

“Proprietary Information” means any and all confidential and proprietary information of Confident Security, including but not limited to the Service, its documentation, source code, algorithms, methods, techniques, trade secrets, know-how, designs, processes, data, business plans, customer information and any related materials, whether disclosed orally, visually, or in writing.

“Service” means the hosted AI Inference Engine, including all associated computer programs, applications, tools, interfaces, updates, modifications, documentation, and any related materials made available by Confident Security to the Customer, whether through a web interface, API, or other means of access.

LICENSE GRANT

Pursuant to the terms and conditions of these Terms, Confident Security hereby grants to the Customer a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Service solely for the purpose of evaluating its functionality and performance. The Customer may not use the Service for any commercial, competitive, benchmarking, reverse engineering, penetration testing, stress testing, production purposes, or any purpose not explicitly authorized in advance and in writing by Confident Security. Customer shall not attempt to discover any underlying ideas, algorithms or trade secrets of the Service. The license granted herein is for the Term (as defined below) of these Terms and shall automatically terminate upon the expiration or earlier termination of these Terms.
This license grant is subject to the Customer’s compliance with all the terms and conditions of these Terms. Any use of the Service by the Customer beyond the scope of the license granted herein is expressly prohibited and may result in the immediate termination of these Terms by Confident Security.

OWNERSHIP AND PROPRIETARY RIGHTS

The Service, including all intellectual property rights therein, is and shall remain the exclusive property of Confident Security. The Customer acknowledges that the Service and any related documentation, and all copies thereof, are protected by copyright, patent, trademark, and other intellectual property laws and treaties.
All rights not expressly granted to the Customer are reserved by Confident Security. Upon termination of these Terms, the Customer shall cease all use of the Service.
At Confident Security’s request, the Customer agrees to provide Confident Security with comprehensive feedback regarding the Service’s performance, functionality, and any issues encountered during the Term. Such feedback will include, but is not limited to, suggestions for improvements, identification of defects, and any other relevant observations. The Customer acknowledges that all feedback provided to Confident Security will be Confident Security’s sole and exclusive property, and Confident Security shall have the unrestricted right to use, disclose, reproduce, license, distribute, and otherwise commercialize such feedback without any obligation or compensation to the Customer. The Customer agrees not to make any public statements or disclosures regarding the feedback or the Service without the prior written consent of Confident Security. Notwithstanding anything else, Customer shall, and hereby does, grant to Confident Security a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

LICENSE RESTRICTIONS

The Customer agrees to use the Service solely for the internal business purpose of evaluating its functionality and performance as specified in these Terms. Except as expressly set forth in these Terms, Customer shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Service; (iii) sub-license, sell, distribute, copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (iv) use the Service for the benefit of a third party; (v) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; (vi) use the Service to build an application or product that is competitive with any Confident Security product or service; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (viii) bypass any measures Confident Security may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (ix) disclose or permit any third party to access the Service; (x) use the Service to store or transmit any malicious code, viruses, or other harmful data; (xi) use any automated means, including without limitation robots, spiders, or scripts, to access or use the Service; (xii) attempt to gain unauthorized access to the Service or related systems or networks; (xiii) use the Service in a way that could impair, overburden, damage, or disable any of Confident Security’s servers or networks; or (xiv) use the Service to process sensitive personal information, including but not limited to health information, financial information, or government-issued identification numbers. Customer is responsible for all of Customer’s activity in connection with the Service, including but not limited to uploading Customer data onto the Service. The Customer (a) shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), and (b) shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights.
This clause does not limit the Customer’s rights under any open-source licenses that may apply to parts of the Service. The Customer acknowledges that any violation of this clause may result in immediate termination of these Terms and legal action by Confident Security.

THIRD PARTY INTEGRATIONS

The Customer acknowledges and agrees that (i) the Service may operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (e.g., other vendors of the Customer) (Third Party Integrations), (ii) the availability and operation of the Service or certain portions thereof may be dependent on Confident Security’s ability to access such Third Party Integrations, and (iii) the Customer’s failure to provide adequate access or any retraction of permissions relating to such Third Party Integrations may result in a suspension or interruption of the Service. The Evaluator hereby represents and warrants that it has all rights, licenses, permissions and consents necessary to connect, use and access any Third Party Integrations that it integrates with the Service, and the Customer shall indemnify, defend and hold harmless Confident Security and its officers, directors, employees, and agents for all claims, damages, costs, fines, penalties and liabilities (including reasonable attorneys’ fees)for all claims, damages and liabilities arising out of the Customer’s use of any Third Party Integrations in connection with or through the Service. Confident Security cannot and does not guarantee that the Service shall incorporate (or continue to incorporate) any particular Third-Party Integrations and does not make any representations or warranties with respect to Third Party Integrations. The Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Integrations (including any Customer data or other information relating thereto) and for complying with any applicable terms or conditions thereof. Any exchange of data or other interaction between the Customer and a third-party provider is solely between the Customer and such third party provider and is governed by such third party’s terms and conditions.

CONFIDENTIALITY

Definition of Confidential Information. Confidential Information includes, but is not limited to, any information regarding the Service, its design, functionality, performance metrics, and any other technical or business information disclosed by Confident Security. The Customer shall use the same degree of care to protect the confidentiality of Confident Security’s information as it uses to protect its own confidential information of like kind, but in no event less than a high degree of care.
Confidentiality Term. The Customer agrees to maintain the confidentiality of all proprietary information received from Confident Security during the term of these Terms and for a period of five (5) years thereafter, except with respect to Confidential Information which constitutes trade secrets, for which the obligations will continue for so long as such information remains a trade secret under applicable law.
Restrictions on Use and Disclosure. The Customer may disclose the Confidential Information only to its employees, consultants, or advisors who are bound by confidentiality obligations at least as restrictive as those contained herein and who have a legitimate need to know such Confidential Information in connection with the Customer’s authorized use of the Service under these Terms. Any copies of the Confidential Information made by the Customer are subject to the same confidentiality obligations as the original information disclosed by Confident Security.
Breach Notification. In the event of any unauthorized use or disclosure of Confident Security’s Confidential Information, the Customer shall notify Confident Security within 48 hours of discovery and take all reasonable steps necessary to retrieve the disclosed Confidential Information, prevent further unauthorized use or disclosure, and cooperate fully with Confident Security’s efforts to remedy the breach, including but not limited to implementing any remedial measures requested by Confident Security.
Exclusions. This confidentiality obligation shall not apply to information that: (a) is or becomes publicly known through no fault of the Customer; (b) is received from a third party without breach of any confidentiality obligation; (c) was independently developed by the Customer without use of Confident Security’s Confidential Information; or (d) is required to be disclosed by law, provided that the Customer gives Confident Security prompt written notice of such requirement prior to disclosure and assistance in obtaining an order protecting the Confidential Information from public disclosure.

SUPPORT

Confident Security shall have no support, maintenance or service level obligations with respect to the Service hereunder. Any additional updates, upgrades, bug fixes or other modifications that Confident Security may voluntarily provide hereunder shall be considered Service and subject to all terms and conditions of these Terms. Confident Security has no obligation to provide any updates or modifications and may discontinue or modify the Service at any time in its sole discretion without notice or liability to Customer.

DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CONFIDENT SECURITY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO BUGS, ERRORS, VULNERABILITIES, DELIVERY FAILURES, INTERCEPTION, ALTERATION OR OTHER DAMAGE RESULTING FROM PROBLEMS INHERENT IN THE USE OF THE INTERNET, AND PERSONAL COMPUTING DEVICES, AND TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS OUTSIDE OF ITS CONTROL. ADDITIONALLY CONFIDENT SECURITY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR TIMELY.

INDEMNIFICATION

The Customer agrees to indemnify, defend, and hold harmless Confident Security, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to: (i) any breach of these Terms by the Customer; (ii) the Customer’s gross negligence, fraud or willful misconduct; (iii) any infringement or alleged infringement of any intellectual property right or other proprietary right arising from the Customer’s use of the Service; and (iv) any third-party claims related to the Customer’s use of the Service in violation of applicable laws or regulations. Confident Security reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer, in which event the Customer will fully cooperate with Confident Security in asserting any available defenses.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER’S USE OF THE SERVICE IS CONDUCTED WITH THE UNDERSTANDING THAT CONFIDENT SECURITY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF THE SERVICES OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL CONFIDENT SECURITY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO THE CUSTOMER FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE). THE CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY LIABILITY ON THE PART OF CONFIDENT SECURITY, AND THIS COMPLETE LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CONFIDENT SECURITY AND THE CUSTOMER.

TERM AND TERMINATION

These Terms commence on the Effective Date and shall continue in effect for a period of one hundred and eighty (180) days, unless terminated earlier as provided herein (the “Initial Term”). Confident Security may, in its sole discretion, extend the Initial Term for additional periods (each, an “Extension Term” and together with the Initial Term, the “Term”). Confident Security may extend or terminate the Term at any time in its sole discretion upon written notice to Customer.
Confident Security may terminate these Terms immediately at any time during the Term of these Terms by providing a written notice to the Customer. Customer may terminate these Terms upon thirty (30) days written notice if Confident Security breaches any material term of these Terms and fails to cure such breach within such period.
Confident Security reserves the right to suspend or modify the Service at any time and for any reason, with or without prior notice to the Customer, in Confident Security’s sole discretion.
Upon termination or expiration of these Terms for any reason:
1. The Customer shall immediately cease use of the Service and return or, at Confident Security’s request, destroy any Proprietary Information in its possession or control.
2. Any provision of these Terms that, by its nature, is intended to survive termination or expiration of these Terms, including but not limited to confidentiality obligations, shall survive.
This section does not limit either party’s right to pursue any other remedies available to it, including injunctive relief, for any breach of these Terms.

COMPLIANCE WITH LAWS

The Customer shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service (including those related to data privacy, cybersecurity, international communications, export control, economic sanctions, anti-corruption, and the transmission of technical or personal data laws), and shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights. Customer represents and warrants that it (i) is not located in a country subject to U.S. economic sanctions or trade embargoes, (ii) is not a prohibited or restricted party under applicable export control laws, and (iii) will obtain and maintain all necessary licenses, permits and registrations required for its activities under these Terms. Customer shall indemnify, defend and hold harmless Confident Security from any claims arising from Customer’s violation of this section.
The Customer shall specifically ensure that its use of the Service does not violate any laws or regulations applicable to the Customer’s jurisdiction or any jurisdiction in which the Service is used. If the Customer becomes aware of any such violations or potential violations, the Customer agrees to immediately notify the Confident Security and cease use of the Service. Confident Security shall have sole discretion to determine whether and when compliance has been restored, and use may resume.
Failure by the Customer to comply with this clause may result in immediate termination of these Terms at the discretion of the non-breaching party, in addition to any other remedies available under law or equity.

GENERAL PROVISIONS

Export Control. The Customer acknowledges that the Service and any related technical data or services are subject to applicable export control laws and regulations of the United States and any other relevant jurisdictions. The Customer agrees to comply with all such laws and regulations, including obtaining any necessary export licenses or approvals. The Customer shall not, directly or indirectly, export, re-export, transfer, or release the Service or any related technical data or services to any jurisdiction or party prohibited by applicable law without obtaining any required governmental authorization. Confident Security reserves the right to suspend or terminate the Customer’s access to the Service if it determines, in its sole discretion, that the Customer has violated or may violate any export control laws or regulations.
Governing Law and Arbitration. These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. For any dispute under these Terms, the parties agree to first attempt to resolve the dispute informally. In the event that the parties have not been able to resolve a dispute after sixty (60) days, the parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, Claims), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in San Francisco County, California, unless the parties mutually agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Confident Security from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Confident Security’s data security, intellectual property or other proprietary rights.
Entire Agreement. The parties agree that these Terms constitutes the entire agreement between them concerning its subject matter. It supersedes all prior or contemporaneous agreements, representations, warranties, and understandings of the parties, whether written or oral, concerning the subject matter of these Terms.
Assignment. Customer may not assign or transfer any rights or obligations under these Terms without the prior written consent of Confident Security, which may be withheld in its sole discretion. Confident Security may assign these Terms without the need of the Customer’s consent.
Notices to Customer. Confident Security may provide Customer with notices, including those regarding changes to Confident Security’s terms and conditions, by email or postings on the Confident Security website or in the Service. Notice will be deemed given twenty-four hours after email is sent, unless Confident Security is notified that the email address is invalid. Notice posted on the website, or the Service are deemed given two (2) days following the initial posting. Confident Security reserves the right to determine the form and means of providing notifications to Confident Security’s users. Confident Security is not responsible for any automatic filtering Customer, or its network provider may apply to email notifications Confident Security sends to the email address Customer provides. Confident Security may, in its sole discretion, modify or update these Terms from time to time, and so Customer should review this page periodically. When Confident Security changes these Terms in a material manner, Confident Security will update the ’last modified’ date at the top of this page and notify Customer that material changes have been made to the Agreement. Customer’s continued use of the Service after any such change constitutes Customer’s acceptance of the new terms. If Customer does not agree to any of these Terms or any future terms, Customer may not use or access (or continue to access) the Service.
Notices to Confident Security. Notices required or permitted to be given under these Terms to Confident Security shall be in writing and shall be deemed effectively given upon delivery if delivered in person, or three days after mailing if mailed by first-class, registered, or certified mail, postage prepaid and sent to Nonvolatile Inc. d/b/a Confident Security, 2093 Philadelphia Pike # 9510, Claymont, DE 19703, attn. Legal Department, with copy to notices@nonvolatile.com.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be amended to achieve as closely as possible the effect of the original term.
Arrangement. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Waiver. The failure or delay of Confident Security to act with respect to a breach of these Terms by Customer shall not constitute a waiver and shall not limit Confident Security’s rights with respect to such breach or any subsequent breaches. No waiver by Confident Security of any term or condition set forth in these Terms will be effective unless explicitly set forth in writing and signed by an authorized officer of Confident Security.
Changes to the Terms. We may revise and update these Terms from time to time in our sole discretion (including rates or any other terms and conditions of the Service). All changes are effective immediately when Confident Security posts them and apply to all access to and use of the Service thereafter. Customer’s continued access or use of the Service following the posting of revised Terms means that the Customer accepts and agrees to the changes. The Customer is expected to check this page from time to time so the Customer is aware of any changes, as they are binding.