VerOps — Terms of Service

Effective Date: 01 July 2026 Last Updated: 01 July 2026 Provider: Attuned Technology LLC Version: 1.0

1. Introduction & Agreement

These Terms of Service (“Terms”), together with any Order Form, Subscription Agreement, Data Processing Addendum, Privacy Policy, and Acceptable Use Policy incorporated herein by reference, constitute a legally binding agreement (“Agreement”) between Attuned Technology LLC (“Company,” “we,” “us,” or “our”), a limited liability company registered in the State of Texas (EIN: 35-2894540), and you, the individual or legal entity accessing or using the VerOps platform (“you,” “your,” or “Customer”).

By accessing, registering for, or using the Service in any manner, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into this Agreement on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not accept these Terms in full, you must immediately cease any use of the Service.

Plain English Summary: These are the legal rules for using VerOps. Using the platform means you agree to them. If you’re signing up on behalf of your business, you’re confirming you have the authority to do so.

2. Definitions

“Service” — The VerOps web-based observability platform, including all associated software, APIs, agents, collectors, AI systems, dashboards, tools, interfaces, documentation, and support services made available by Attuned Technology LLC at app.verops.io and related domains.

“Telemetry Data” — Any metrics, traces, logs, events, process information, network data, or other machine-generated data ingested into the Service from Customer’s infrastructure, applications, or systems via Agents or other collection mechanisms.

“Agent” — Any software component provided or recommended by the Company for deployment on Customer’s infrastructure to collect and transmit Telemetry Data to the Service, including OpenTelemetry collectors, VerOps Scout agents, and VerOps Network agents.

“Dashboard” — Any visual display, chart, graph, table, or report created within the Service to present and analyse Telemetry Data, whether pre-built by the Company or custom-built by Customer.

“Workbook” — A collaborative, multi-section analytical document within the Service that combines dashboards, queries, annotations, and narrative to support incident investigation and operational analysis.

“Sentinel Evaluation” — An AI-driven anomaly detection, threshold analysis, or automated assessment run performed by the Service’s Sentinel AI engine against Customer’s Telemetry Data.

“Vera Query” — A natural language query submitted by a user to the Service’s Vera AI assistant, which responds with data analysis, recommendations, or operational insights derived from Telemetry Data.

“Synthetic Check” — A scheduled, automated test that simulates user interactions or network requests to monitor the availability and performance of Customer’s applications, endpoints, or infrastructure.

“Data Ingest Allowance” — The maximum volume of Telemetry Data (measured in gigabytes per month) included in Customer’s Subscription plan before overage charges apply.

“Subscription” — A paid access plan that grants Customer the right to use the Service during the applicable Subscription Term, subject to these Terms and the applicable Order Form or Subscription Agreement.

“Personal Data” — Any information relating to an identified or identifiable natural person, as defined under applicable data protection legislation including the GDPR and CCPA.

“Company IP” — All intellectual property owned or licensed by Attuned Technology LLC, including but not limited to the Service’s software, AI models, algorithms, Agent software, interfaces, trademarks, logos, and documentation.

3. Eligibility

To access and use the Service, you must: (a) be at least 18 years of age; (b) have the legal capacity to form a binding contract in your jurisdiction; (c) not be a person or entity barred from receiving services under applicable law, including without limitation persons on any government sanctions list; and (d) provide truthful, current, and complete information during registration and throughout your use of the Service.

The Service is intended for commercial and professional use by organisations managing IT infrastructure, applications, and digital services. If you use the Service on behalf of an organisation, you represent that the organisation is duly incorporated or formed and is in good standing under applicable laws.

We reserve the right to refuse registration or access to any person or entity at our sole discretion, including where we have reasonable grounds to believe that eligibility requirements are not met.

4. Account Registration & Security

To access most features of the Service, you must create an account. When registering, you agree to provide accurate, current, and complete information, and to update such information as necessary to keep it accurate and complete. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

Your Responsibilities

• You will immediately notify us at contact@attunedtechnology.com of any actual or suspected unauthorised access to or use of your account.
• You will not share your account credentials with any third party or permit others to access your account except as authorised under your Subscription plan’s user allocation.
• You will use commercially reasonable efforts to prevent unauthorised access to or use of the Service through your account.
• You will ensure that all users accessing the Service under your account comply with these Terms.

We will not be liable for any loss or damage arising from your failure to maintain the security of your account. We reserve the right to disable any account where we reasonably believe there has been a breach of security or misuse of the Service.

5. Subscription & Billing

Subscription Plans & Fees

Access to the Service requires the payment of Subscription fees as set out in the applicable plan details or Order Form at the time of purchase. Subscription fees are charged in advance on a monthly or annual basis, depending on the billing cycle selected. All fees are stated exclusive of applicable taxes (including VAT, GST, or sales tax), which may be added to your invoice based on your billing address and applicable law.

Data Ingest & Usage-Based Charges

Each Subscription plan includes a Data Ingest Allowance, a set number of Sentinel Evaluations, Vera Queries, Synthetic Checks, and other usage-based allocations. Usage exceeding the included allowances will be billed monthly in arrears at the overage rates specified in your Subscription plan or Order Form.

Automatic Renewal

Unless you cancel your Subscription before the end of the current billing period, your Subscription will automatically renew for successive periods of the same duration at the then-current subscription price. You authorise us (and our payment processors) to charge your payment method on a recurring basis without further authorisation, until you cancel.

Cancellation & Refunds

You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period; you will retain access to the Service until then. We do not provide refunds for partial billing periods or unused capacity, except where required by applicable consumer protection law in your jurisdiction.

Price Changes

We reserve the right to change Subscription pricing at any time. We will provide you with at least 30 days’ written notice of any price change, and such change will take effect at your next renewal date. Your continued use of the Service after such notice constitutes acceptance of the new pricing.

Payment Processing

Payments are processed by third-party payment processors. By providing your payment information, you represent and warrant that you are authorised to use that payment method. We are not responsible for errors or issues caused by third-party payment processors.

6. License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, Attuned Technology LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service solely for your internal business purposes during the applicable Subscription Term.

This license does not include the right to: (a) copy, modify, or distribute the Service or any portion thereof; (b) sublicense, resell, transfer, or otherwise make the Service available to any third party; (c) access the underlying source code, object code, or any proprietary algorithms of the Service; or (d) use the Service to develop any product or service that competes with VerOps or the Company’s other offerings.

Agent Software License

Where the Company provides Agent software for deployment on Customer’s infrastructure, Customer is granted a limited, non-exclusive, non-transferable license to install and operate such Agent software solely for the purpose of transmitting Telemetry Data to the Service during the Subscription Term. Customer may not reverse engineer, decompile, disassemble, or modify the Agent software. Upon termination of the Subscription, Customer must uninstall and delete all Agent software from its infrastructure.

In plain terms: You get the right to use VerOps and install our agents on your systems for your own business while your subscription is active. You cannot share, resell, or build a competing product using it.

7. Intellectual Property

Company Intellectual Property

The Service and all related software, AI models (including Sentinel and Vera), machine learning algorithms, training methodologies, Agent software, user interfaces, visual design, dashboard templates, trade secrets, trademarks, service marks, logos (including the “VerOps” name and branding), patents, and documentation are owned by or licensed to Attuned Technology LLC and are protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership of Company IP to you.

You may not use our trademarks, trade names, or branding without our prior written consent. You may not register, attempt to register, or challenge the validity of any Company IP.

Customer’s Data & Content

You retain all right, title, and interest in and to your Telemetry Data. By ingesting Telemetry Data into the Service, you grant Attuned Technology LLC a worldwide, non-exclusive, royalty-free licence to receive, store, process, index, aggregate, and display your Telemetry Data solely to the extent necessary to provide the Service, including generating dashboards, alerts, AI-driven analysis, and reports for your benefit.

Custom Dashboards, Workbooks, alert rules, and other configurations you create within the Service are your property. We will not use your custom configurations to benefit other customers without your explicit consent.

Aggregated & Anonymised Data

The Company may use aggregated, anonymised, and de-identified data derived from Telemetry Data for the purposes of improving the Service, developing new features, training AI models, and generating industry benchmarks, provided that such data cannot reasonably be used to identify Customer or any individual. This right survives termination of the Agreement.

Feedback

If you submit suggestions, ideas, or feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, incorporate, and exploit such Feedback for any purpose without compensation or attribution to you.

Prohibited Use of Company IP

• You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying logic of the Service or Agent software.
• You may not use the Service to develop, train, or improve any competing observability, monitoring, or AI operations product.
• You may not frame, scrape, or systematically extract data from the Service by automated means without prior written authorisation.
• You may not remove, alter, or obscure any copyright notice, trademark, or other proprietary rights notice within the Service or Agent software.

8. AI Features — Vera & Sentinel

VerOps incorporates artificial intelligence capabilities through its Vera AI assistant and Sentinel anomaly detection engine. These features analyse Telemetry Data to provide insights, recommendations, anomaly alerts, and natural language responses to operational queries.

Nature of AI Outputs

AI outputs generated by Vera and Sentinel (including anomaly alerts, natural language responses, root cause suggestions, and operational recommendations) are informational and assistive in nature. They are generated by probabilistic machine learning systems and may contain inaccuracies, false positives, or incomplete analysis. Customer acknowledges that:

• AI outputs do not constitute professional advice (including but not limited to engineering, security, or compliance advice).
• Customer should not rely solely on AI outputs for critical infrastructure decisions, incident response, or security assessments without independent human review and verification.
• The Company does not guarantee the accuracy, completeness, or reliability of any AI output.

Usage Metering

Sentinel Evaluations and Vera Queries are metered and subject to the usage allowances specified in Customer’s Subscription plan. Usage beyond the included allowances will be billed at the applicable overage rates. The Company reserves the right to throttle or suspend AI features if Customer’s usage significantly exceeds plan allowances and overage charges remain unpaid.

AI Model Updates

The Company may update, retrain, or replace the AI models powering Vera and Sentinel at any time to improve accuracy, performance, or capabilities. Such updates may alter the behaviour, format, or content of AI outputs. The Company will use reasonable efforts to notify Customer of material changes to AI functionality.

No Ownership of AI Outputs

AI outputs are transient operational responses, not creative works. Neither party claims copyright or other intellectual property rights in AI-generated responses. Customer is free to use, share, and act upon AI outputs within their organisation without restriction.

9. Intellectual Property Complaints

Attuned Technology LLC respects the intellectual property rights of third parties. If you believe that any material accessible through the Service infringes your intellectual property rights, please submit a written notice to contact@attunedtechnology.com with the following information:

• A description of the copyrighted work or intellectual property you claim has been infringed.
• A description of the allegedly infringing material and its location within the Service.
• Your contact information (name, address, telephone number, email).
• A statement of good faith belief that the use is not authorised by the rights owner.
• A statement, under penalty of perjury, that the information provided is accurate and that you are authorised to act on behalf of the rights owner.

We will investigate all legitimate complaints and take appropriate action, which may include removing or disabling access to the material in question.

10. Customer Data & Responsibilities

Telemetry Data

Customer is solely responsible for all Telemetry Data ingested into the Service. Customer represents and warrants that:

• Customer has all necessary rights and authorisations to collect and transmit the Telemetry Data to the Service.
• Telemetry Data does not contain regulated personal data (such as Social Security numbers, financial account numbers, or protected health information) unless Customer has executed a separate Data Processing Agreement covering such data categories.
• Customer is responsible for configuring Agents and data collection pipelines to avoid inadvertent transmission of sensitive or regulated data.

Dashboards, Configurations & Alert Rules

Customer is responsible for the accuracy and appropriateness of any Dashboards, Workbooks, alert rules, and other configurations created within the Service. The Company is not responsible for operational decisions made based on misconfigured dashboards or alert rules.

Agent Deployment

Customer is responsible for the installation, configuration, and maintenance of Agent software on its infrastructure. The Company provides documentation and reasonable support for Agent deployment, but is not liable for any performance degradation, system instability, or data loss on Customer’s infrastructure resulting from Agent installation or misconfiguration. Customer should test Agent deployment in a non-production environment before rolling out to production systems.

Important: Telemetry Data may include hostnames, IP addresses, process names, and environment variables. Customer is responsible for ensuring that the collection and transmission of such data complies with applicable data protection laws in Customer’s jurisdiction.

11. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. The following activities are expressly prohibited:

Legal & Ethical Violations

• Violating any applicable local, national, or international law or regulation.
• Using the Service to monitor, intercept, or collect data from systems or networks you do not own or have authorisation to monitor.
• Ingesting data that contains material you know to be unlawful, defamatory, or that violates third-party rights.

Technical Abuse

• Uploading, transmitting, or distributing malware, viruses, or any other malicious code through the Service or Agent software.
• Attempting to gain unauthorised access to the Service, its servers, databases, or any connected systems.
• Interfering with or disrupting the integrity, performance, or availability of the Service.
• Ingesting synthetic, fabricated, or artificially inflated Telemetry Data for the purpose of manipulating usage metrics or benchmarks.
• Circumventing, disabling, or interfering with security features of the Service, including usage metering and rate limiting.

Competitive & Commercial Misuse

• Using the Service to develop, train, or benchmark competing observability, monitoring, or AIOps products or services.
• Reselling, sublicensing, or otherwise commercialising access to the Service without prior written authorisation.
• Using Vera or Sentinel outputs to reverse-engineer the Company’s AI models, training data, or algorithms.
• Systematically extracting or exporting data from the Service for the purpose of building a competing dataset or service.

Violation of this Acceptable Use Policy may result in immediate suspension or permanent termination of your account, without refund, and may expose you to civil and criminal liability.

12. Integrations & Third-Party Services

VerOps is designed to integrate with a variety of third-party infrastructure, notification, and collaboration services. Your access to and use of any third-party service is governed by that service’s own terms of service and privacy policies, with which you are solely responsible for complying.

Agent & Collector Integrations

The Service supports data ingestion via OpenTelemetry-compatible collectors and proprietary VerOps Agents. Customer is responsible for ensuring that its use of third-party collectors complies with the applicable open-source licences and terms of use.

Notification & Collaboration Integrations

The Service may integrate with third-party notification and collaboration platforms (including but not limited to Slack, Microsoft Teams, PagerDuty, and email services) to deliver alerts and operational notifications. The Company is not liable for failures in alert delivery caused by outages, rate limits, or policy changes imposed by third-party notification providers.

Cloud Provider Integrations

Where the Service integrates with cloud infrastructure providers (such as AWS, Microsoft Azure, or Google Cloud Platform) to collect Telemetry Data, Customer is responsible for configuring appropriate access permissions and ensuring that such integrations comply with the applicable cloud provider’s terms of service.

No Affiliation

Attuned Technology LLC is not affiliated with, endorsed by, or sponsored by any third-party service provider. References to third-party services are for informational and practical purposes only. We make no representations or warranties regarding the continued availability or API access of any third-party service.

Third-Party Links & Services

The Service may contain links to or integrations with third-party websites, tools, or services. We are not responsible for the content, privacy practices, or terms of any third-party service. Accessing third-party services via the Service is at your own risk.

13. Data Protection & Privacy

The protection of your data is important to us. Our Privacy Policy, incorporated into these Terms by reference, describes how we collect, use, store, and share personal data when you use the Service. By using the Service, you consent to the practices described in our Privacy Policy.

Data We Collect

• Account Information: Name, email address, company name, billing information, and other information you provide at registration.
• Usage Data: IP address, browser type, device information, session data, feature usage analytics, and interaction logs.
• Telemetry Data: Infrastructure metrics, application traces, logs, and events submitted by Customer’s Agents and integrations.
• Communications: Support requests, feedback submissions, and email correspondence.

How We Use Your Data

• To provide, operate, and maintain the Service, including processing Telemetry Data and generating dashboards, alerts, and AI insights.
• To process payments and manage your Subscription.
• To improve and develop the Service and our AI systems (using aggregated, anonymised data only).
• To send transactional communications (e.g., invoices, account notices, alert notifications).
• To comply with legal obligations and enforce our rights.

Your Privacy Rights

Depending on your jurisdiction, you may have rights including: the right to access, correct, or delete your personal data; the right to restrict or object to processing; the right to data portability; and the right to withdraw consent. To exercise any of these rights, please contact us at contact@attunedtechnology.com. We will respond within the timeframes required by applicable law (generally 30 days under GDPR; 45 days under CCPA).

International Data Transfers

Your data may be processed in the United States or other countries where our service providers operate. Where personal data is transferred outside of the European Economic Area or United Kingdom, we ensure appropriate safeguards are in place, including through Standard Contractual Clauses or equivalent mechanisms.

Data Retention

Telemetry Data is retained on the Service for the retention period specified in Customer’s Subscription plan (e.g., 30 days for the Growth plan). Upon expiration of the retention period, Telemetry Data is automatically purged. Account-level personal data is retained for as long as necessary to provide the Service. Upon account termination, we will delete or anonymise personal data within 90 days, except where retention is required by law.

14. Data Processing Addendum

Where Customer’s use of the Service involves the processing of personal data of individuals in the European Economic Area, United Kingdom, or other jurisdictions with equivalent data protection laws, the following Data Processing terms apply and form an integral part of this Agreement.

Roles of the Parties

In connection with any personal data processed through the Service: Customer acts as the Data Controller (determining the purposes and means of processing); and Attuned Technology LLC acts as the Data Processor, processing personal data solely on Customer’s behalf and in accordance with Customer’s documented instructions.

Processing Instructions

By using the Service and ingesting Telemetry Data, Customer instructs Attuned Technology LLC to process personal data solely for the purpose of providing the Service, including storing and indexing Telemetry Data, generating dashboards and alerts, providing AI-driven analysis, maintaining Customer’s account, and providing customer support.

Subprocessors

Attuned Technology LLC may engage authorised sub-processors (such as cloud infrastructure providers and AI model providers) to assist in delivering the Service. We will ensure that all subprocessors are bound by data protection obligations no less stringent than those in this Agreement. A current list of subprocessors is available on request.

Data Breach Notification

In the event of a personal data breach that poses a risk to the rights and freedoms of natural persons, we will notify Customer without undue delay and no later than 72 hours after becoming aware of the breach. The notification will include the nature of the breach, the categories and approximate number of individuals affected, the likely consequences, and measures taken or proposed to address it.

Deletion & Return of Data

Upon termination or expiry of the Agreement, we will delete or return all personal data processed on Customer’s behalf in accordance with Customer’s instructions, unless retention is required by applicable law.

15. Confidentiality

Each party acknowledges that in connection with the Agreement, it may receive or be exposed to confidential information of the other party. “Confidential Information” means any information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees to: (a) maintain the confidentiality of the other party’s Confidential Information using the same degree of care it uses for its own confidential information, but in no event less than reasonable care; (b) not disclose Confidential Information to any third party without prior written consent; and (c) use Confidential Information solely for the purposes of performing obligations or exercising rights under the Agreement.

Confidentiality obligations do not apply to information that: (i) is or becomes publicly available other than through breach of this Agreement; (ii) was known to the receiving party before disclosure; (iii) is independently developed without use of Confidential Information; or (iv) must be disclosed by law or regulatory requirement, provided the disclosing party is given prompt written notice where legally permitted.

16. Service Modifications & Availability

We continually develop and improve VerOps. We reserve the right to modify, update, enhance, or discontinue any feature or aspect of the Service at any time, with or without notice, provided that we will use reasonable efforts to notify you in advance of any changes that materially reduce the core functionality of your Subscription plan.

We do not guarantee that the Service will be available uninterrupted or error-free. The Service may be subject to planned maintenance windows (for which we will endeavour to provide advance notice) and unplanned outages. We target but do not contractually guarantee any specific uptime level unless agreed in a separate Service Level Agreement.

If we discontinue the Service in its entirety, we will provide at least 60 days’ prior written notice and will pro-rate any prepaid Subscription fees for the period following discontinuation.

17. Termination

Termination by Customer

You may terminate this Agreement at any time by cancelling your Subscription through your account settings and ceasing all use of the Service. Termination by you will not entitle you to a refund of any pre-paid subscription fees, except as required by applicable law.

Termination by Company

We may suspend or terminate your account and access to the Service immediately upon written notice if: (a) you materially breach any provision of these Terms and fail to cure such breach within 10 days of receiving notice; (b) you engage in conduct that we reasonably determine poses a legal, security, or reputational risk to the Company or other users; (c) you fail to pay subscription fees when due; or (d) we are required to do so by law.

Effect of Termination

Upon termination, all licences and rights granted to you will immediately cease. You must stop all use of the Service, uninstall all Agent software from your infrastructure, and promptly delete any Company materials in your possession. We will make your Telemetry Data available for export for 30 days following termination, after which it may be permanently deleted. Termination will not relieve either party of obligations that accrued prior to termination, and the following Sections will survive: Definitions, Intellectual Property, AI Features, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and this Section.

18. Disclaimers & Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATTUNED TECHNOLOGY LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

In particular, and without limiting the foregoing, we do not warrant that:

• The Service will meet your specific requirements or detect all anomalies, incidents, or security threats in your infrastructure.
• Sentinel alerts or Vera responses will be accurate, complete, or free from false positives or false negatives.
• The Service will be available without interruption, or that defects will be corrected.
• Agent software will operate without impact on the performance of Customer’s infrastructure.
• The Service is free of vulnerabilities or other security issues.

You acknowledge that Sentinel and Vera use probabilistic machine learning systems and may produce inaccurate or incomplete results. The Company is not responsible for operational decisions, incident responses, or infrastructure changes you make based on outputs from the Service.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATTUNED TECHNOLOGY LLC AND ITS DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any event, our total aggregate liability to you arising out of or relating to this Agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the greater of: (a) the total fees paid by you to Attuned Technology LLC in the 12-month period immediately preceding the event giving rise to the claim; or (b) USD $100.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such jurisdictions, the above limitations and exclusions will apply to the maximum extent permitted by law.

20. Indemnification

You agree to indemnify, defend, and hold harmless Attuned Technology LLC and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Service.
• Your violation of any provision of these Terms.
• Your Telemetry Data, including any claim that it infringes the rights of a third party or violates applicable law.
• Your deployment or configuration of Agent software on your infrastructure.
• Any operational decisions made based on data, alerts, or AI outputs from the Service.
• Your violation of any applicable law or regulation.

We reserve the right to assume exclusive control of the defence of any matter subject to indemnification by you, in which case you will reasonably cooperate with us in asserting any available defences.

21. Governing Law & Dispute Resolution

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to its conflict of law principles.

Informal Resolution

Before initiating any formal dispute resolution, you agree to attempt to resolve the dispute informally by contacting us at contact@attunedtechnology.com. We will use good-faith efforts to resolve the issue within 30 days of receipt of a written description of your dispute.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Austin, Texas, or, at your option, via video conference. The arbitrator’s decision will be final and enforceable in any court of competent jurisdiction.

Class Action Waiver

To the fullest extent permitted by applicable law, you agree that any arbitration or legal proceeding will be conducted on an individual basis and not as a class action, collective action, or representative proceeding.

Exception — Injunctive Relief

Notwithstanding the foregoing, either party may seek urgent injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including in connection with a breach of intellectual property rights or confidentiality obligations.

22. General Provisions

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or by displaying a prominent notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms.

Entire Agreement

This Agreement, together with the Privacy Policy, Acceptable Use Policy, Data Processing Addendum, and any applicable Order Form or Subscription Agreement, constitutes the entire agreement between the parties with respect to the subject matter herein.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

Waiver

No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Any waiver must be in writing and signed by an authorised representative.

Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of our assets, provided we give you prior written notice.

Force Majeure

Neither party will be in breach of this Agreement for delays or failures in performance resulting from causes beyond that party’s reasonable control, including acts of God, governmental actions, natural disasters, pandemic, war, terrorism, labour disputes, power failures, or failures of third-party service providers (including internet infrastructure).

Notices

All legal notices under this Agreement must be in writing and delivered by email to contact@attunedtechnology.com (for notices to us) or to the email address on your account (for notices to you). Notices will be deemed received upon confirmation of delivery.

23. Contact Information

If you have any questions, concerns, or requests regarding these Terms or your use of the Service, please contact us using the details below. We aim to respond to all enquiries within 3 business days.