1Defender.com - Terms of Service

Effective Date: March 10, 2024

Welcome to 1Defender, Inc. (“1Defender”). “You” or “Your” refers to any individual or entity who visits or otherwise uses our services. Please review the following terms of service (the “Terms”) concerning Your use of our services, including managed SOC, cloud migration, security and compliance, zero trust security, and AI-powered scans. BY USING OUR SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY; IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

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1. License and Use of Services

1.1 1Defender grants You a non-exclusive, non-transferable, revocable, limited privilege to access and use our services as described on our website and in these Terms, solely for Your internal business operations and not for resale or further distribution.

1.2 You may not reproduce, redistribute, resell, modify, prepare derivative works of, decompile, reverse engineer, or disassemble our services or any part of them without our express written consent.

1.3 You agree to use our services in compliance with all applicable laws and regulations, including but not limited to data protection, privacy, export control, and cybersecurity laws. You are solely responsible for Your conduct while using our services.

1.4 You agree not to use our services to: a. Upload, post, or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable content. b. Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. c. Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services. d. Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. e. Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

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2. Intellectual Property Rights

2.1 All materials, including software, content, trademarks, logos, and documentation, provided by 1Defender are the exclusive intellectual property of 1Defender or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws.

2.2 You acknowledge that You are granted a limited license to access and use the services and that no ownership rights or licenses to any intellectual property of 1Defender are transferred to You.

2.3 You agree not to use 1Defender’s trademarks or brand elements without our prior written permission.

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3. Data Protection and Privacy

3.1 You agree to comply with all applicable data protection laws and regulations in relation to any personal data processed in connection with the use of our services.

3.2 Our Privacy Policy, available on our website, governs the collection, use, and disclosure of personal data obtained through our services. By using our services, You consent to our data practices as described in our Privacy Policy.

3.3 You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all data You submit to the services.

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4. Payment and Fees

4.1 Fees for our services are as listed on our website or as otherwise agreed upon in a separate written agreement.

4.2 Payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in these Terms or a separate written agreement. All payments are due within thirty (30) days of the invoice date.

4.3 Failure to pay undisputed fees when due may result in the suspension or termination of Your access to the services.

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5. Confidentiality

5.1 Each party agrees to maintain the confidentiality of the other party’s confidential information and to use such information only for purposes related to this Agreement. This obligation of confidentiality shall survive the termination of these Terms.

5.2 Confidential information does not include information that is publicly known, independently developed without reference to the confidential information, or rightfully received from a third party without breach of confidentiality obligations.

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6. Warranties and Disclaimers

6.1 1Defender warrants that it will provide the services in a manner consistent with generally accepted industry standards and that the services will substantially conform to the descriptions provided on our website.

6.2 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND 1DEFENDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 1DEFENDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.

6.3 You acknowledge that the effectiveness of cybersecurity solutions, including those provided by 1Defender, depends on various factors, including Your own security practices. 1Defender does not guarantee that its services will prevent all security breaches, data loss, or other cyberattacks.

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7. Limitation of Liability

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1DEFENDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR USE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OUR SERVICES, EVEN IF 1DEFENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 1DEFENDER’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO 1DEFENDER FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

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8. Indemnification

8.1 You agree to indemnify, defend, and hold harmless 1Defender and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to Your use of the services (including negligent or wrongful conduct), Your data, or Your infringement of any third-party intellectual property or other rights.

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9. Termination

9.1 1Defender may terminate Your access to the services immediately if You materially breach these Terms and fail to cure such breach within thirty (30) days of written notice from 1Defender. 1Defender may also terminate Your access to the services immediately without notice if You violate Section 1.4 or engage in any activity that poses a significant security risk to 1Defender or its other customers.

9.2 Upon termination for any reason, You must immediately cease all use of the services and destroy all copies of any materials obtained from the services. Sections 2, 5, 6, 7, 8, 10, and 11 will survive any termination of these Terms.

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10. Governing Law and Jurisdiction

10.1 These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law.

10.2 Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

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11. General Provisions

11.1 These Terms constitute the entire agreement between You and 1Defender concerning the use of our services, superseding any prior agreements or understandings.

11.2 If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

11.3 The failure of 1Defender to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

11.4 Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11.5 Assignment: You may not assign or transfer these Terms, in whole or in part, without the prior written consent of 1Defender. 1Defender may assign these Terms without Your consent.

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Copyright Notice:

Copyright © 2025 1Defender, Inc. All Rights Reserved. Unauthorized use, reproduction, or distribution of any material from our services, including but not limited to software, content, and documentation, is strictly prohibited.

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Contact Information:

For any questions or concerns regarding these Terms, please contact us at: support@1defender.com