Terms of Service
Effective: January 6, 2025
These Terms of Service (“Terms”) govern your use of Aquilon (“Service”) operated by Aquilon Security LLC (“Company”, “we”, “us”). By using the Service, you agree to these Terms.
Account and Access
You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity under your account.
Ownership
The Service, including all software, documentation, and intellectual property rights therein, is and remains the exclusive property of the Company. These Terms grant you no ownership rights in the Service. All rights not expressly granted are reserved.
License
We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business or personal purposes, subject to these Terms. You may not resell, sublicense, or distribute the Service to third parties.
Acceptable Use
You agree not to: (a) use the Service to violate any law or regulation; (b) reverse engineer, decompile, disassemble, or attempt to extract source code from the Service; (c) interfere with or disrupt the integrity or performance of the Service; (d) use the Service on behalf of a third party without our prior written consent; (e) misrepresent your usage, server count, or any other information; (f) circumvent any technical limitations or access controls; or (g) use the Service in any manner that could damage, disable, or impair the Service.
Usage Reporting and Audit
The Service is licensed based on the number of servers you deploy it on. You agree to accurately report your usage and attest that your reported usage is accurate.
You agree to maintain accurate records of your usage for at least two (2) years. We may audit your usage no more than once per twelve-month period, with at least fourteen (14) days written notice. You agree to cooperate with any audit and provide access to relevant records.
If an audit reveals underpayment of more than 5%, you agree to pay the difference within thirty (30) days, plus interest at 1.5% per month from the date of underpayment, plus our reasonable audit costs. If an audit reveals underpayment of 5% or less, you agree to pay the difference within thirty (30) days with no additional fees.
Fees and Payment
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as described in the Refunds section, the Termination section, or as required by law.
Refunds
You may request a refund by contacting us at ryan@aquilon.dev within thirty (30) days of the charge. Refund requests are evaluated on a case-by-case basis and granted at our discretion. Refunds for annual plans, if approved, will be prorated based on unused whole months remaining.
Termination
Either party may terminate this agreement at any time, for any reason, with or without notice.
Upon termination, your license to use the Service ends immediately. You may request a copy of your account data for up to fourteen (14) days following termination. After that period, we may delete your data without further notice.
We may suspend or terminate your access immediately if we reasonably believe you have violated these Terms. If we terminate your account for convenience (not due to your breach), we will refund any prepaid fees for unused whole months of service.
If you terminate your account, no refund is owed for any prepaid fees unless otherwise required by law.
Free Tier
If you are using the Service under a free plan, all terms apply except that we may modify or discontinue the free plan at any time without notice.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY RESULTS OBTAINED FROM THE SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THESE LIMITATIONS APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or regulation; or (d) your violation of any third-party rights.
Data Processing
The Service runs entirely on your infrastructure. We do not collect, process, or store any data from the Service itself. For customers requiring a Data Processing Agreement for website or account data, contact ryan@aquilon.dev.
Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date. Continued use of the Service after changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service.
Survival
The following sections survive termination of these Terms: Ownership, Acceptable Use (with respect to prior conduct), Usage Reporting and Audit (for the audit period), Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Survival.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.
Contact
Questions about these Terms? Email us at ryan@aquilon.dev.