TensorGuard Terms of Service
Last Updated: June 6th, 2025
Effective Date: June 6th, 2025
This Terms of Service agreement (“Terms”) constitutes a legally binding agreement between you and TensorGuard Inc., a Delaware corporation (“TensorGuard,” “we,” “our,” or “us”). These Terms govern your access to and use of the TensorGuard website, https://tensorguard.com, and our proprietary forensic analysis platform, tools, and related services at other TensorGuard owned domains (collectively, the “Services”).
Our Privacy Policy, available at https://tensorguard.com/privacy, is incorporated by reference into these Terms. Please read these Terms and the Privacy Policy carefully.
By creating an account, or by accessing or using the Services, you represent that you have read, understood, and agree to be bound by these Terms.
If you are using the Services on behalf of a company or other legal entity (“Organization”), you represent that you have the authority to bind that Organization to these Terms. In that case, “you” and “your” will refer to that Organization.
1. The Services
TensorGuard provides a cloud-based forensic analysis as-a-service platform. The Services utilize proprietary and third-party technologies, including artificial intelligence models, to process device forensic data for incident response and compromise assessment purposes (“Purpose”).
Access to the Services is granted by manual provisioning by authorized TensorGuard employees only and is not available to the general public.
2. Eligibility and User Accounts
2.1. Eligibility. To use the Services, you must be at least eighteen (18) years old and a resident of the United States.
2.2. Account Administration. Each Organization will have one or more designated “Administrators.” Administrators are provisioned directly by TensorGuard and have the authority to grant access to other users within their Organization (“Users”). The Administrator is responsible for all activities conducted under their Organization’s account, including the actions of all its Users.
2.3. Account Security. Access to the Services is provided via third-party OAuth 2.0 / OIDC services (e.g., Google, GitLab). You are responsible for safeguarding your third-party account credentials. You agree that you are solely responsible for any and all activities that occur under your account, and you agree to notify TensorGuard immediately of any unauthorized use of your account. A compromised third-party account (e.g., Google or GitLab) may lead to a compromised TensorGuard account.
3. Acceptable Use Policy
You agree not to misuse the Services or help anyone else to do so. You agree you will not, and will not permit any User to, directly or indirectly:
- Violate Legal and Ethical Boundaries. Use the Services for any illegal or unauthorized purpose, including but not limited to harassment, violating any applicable privacy laws, or acting as spyware.
- Violate Data Rights. Upload, process, or analyze any data for which you do not have the full legal right, consent, and explicit authorization to possess and process. You represent and warrant that you have obtained all necessary permissions from the owners of any devices from which a forensic collection is taken and from any individuals whose data is contained therein.
- Harm Minors. Use the Services to collect, process, or store any data belonging to or originating from individuals under the age of 18. This is strictly prohibited.
- Disrupt the Services. Engage in any activity that interferes with or disrupts the Services, our servers, or networks, including any form of denial-of-service attack.
- Breach Security. Attempt to circumvent any security or authentication measures, or access any data, accounts, or parts of the Services that you are not authorized to access.
- Reverse Engineer. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure of the Services.
- Upload Malicious Code. Knowingly upload or distribute any file that contains viruses, corrupted files, or any other similar software or programs that may damage or exploit the operation of the Services or another’s computer. This does not prohibit the analysis of malware contained within a legitimate forensic collection, but it does prohibit any attempt to attack the Services.
- Resell the Service. Resell, sublicense, or otherwise redistribute the Services. Your license is for your Organization’s internal use only.
4. Fees, Payment, and Subscription
All commercial terms related to your use of the Services are governed by a separate Master Services Agreement (MSA), Order Form, or other signed contract between your Organization and TensorGuard (“Commercial Agreement”). In the event of a conflict between these Terms and your Commercial Agreement, the Commercial Agreement shall prevail.
The Commercial Agreement will outline all specifics regarding subscription models, fees, payment terms, billing cycles, and refund policies.
While payment terms are governed by your Commercial Agreement, subscriptions may renew automatically. We will notify the designated billing contact via email at least twenty-four (24) hours before a subscription renewal, detailing the renewal date and associated cost.
For refund inquiries under extenuating circumstances, please contact [email protected]. Refund eligibility is determined by TensorGuard in its sole discretion, subject to the terms of your Commercial Agreement.
5. Intellectual Property Rights
5.1. TensorGuard’s Intellectual Property. As between you and TensorGuard, TensorGuard Inc. retains all rights, title, and interest in and to the Services, including all software, branding, trademarks, and underlying technology, and all intellectual property rights therein. We grant you no rights to the Services other than as expressly set forth in these Terms.
5.2. Your Forensic Data. As between you and TensorGuard, you (or your Organization) retain all ownership rights, title, and interest in and to the forensic data you upload to the Services (“Forensic Data”).
5.3. License Grant to You. Subject to your compliance with these Terms and your Commercial Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for the Purpose.
5.4. License Grant to TensorGuard. To enable us to provide the Services, you grant TensorGuard a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, display, and process your Forensic Data solely for the purpose of operating, providing, and maintaining the Services on your behalf. Furthermore, you grant TensorGuard a perpetual, irrevocable, worldwide, royalty-free license to use, copy, and modify your Forensic Data on a de-identified and aggregated basis for the sole purpose of improving our internal services. For clarity, this license does not permit us to share or sell your data with any third party except as described in our Privacy Policy.
6. Term and Termination
6.1. Term. These Terms will remain in effect until terminated by either party as set forth herein.
6.2. Termination by You. You may terminate these Terms at any time by deleting your account and your Organization’s account through the platform console and ceasing all use of the Services.
6.3. Termination by TensorGuard.
- (a) For Cause. We may suspend or terminate your access to the Services immediately and without prior notice for any material breach of these Terms, including but not limited to a violation of the Acceptable Use Policy, non-payment of fees as specified in your Commercial Agreement, or any suspected illegal activity. We reserve the right to notify appropriate law enforcement entities of any such activity.
- (b) For Convenience. We may also terminate your account for any other reason by providing you with written notice. Such notice period will be the shorter of either thirty (30) days or the remainder of your current license term.
6.4. Effect of Termination. Upon termination, your right to access and use the Services will immediately cease. We will not be liable for any damages caused by the termination of these Terms. Upon termination, your data will not be automatically deleted, but access to it through the platform will be disabled. You may request deletion of your data pursuant to our Privacy Policy.
7. Disclaimers and Limitation of Liability
7.1. Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENSORGUARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
7.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENSORGUARD BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL TENSORGUARD’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOUR ORGANIZATION TO TENSORGUARD UNDER YOUR COMMERCIAL AGREEMENT DURING THE SIX (6) OR TWELVE (12) MONTH PERIOD (WHICHEVER IS THE LENGTH OF YOUR CURRENT CONTRACT TERM) IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. Indemnification
You agree to defend, indemnify, and hold harmless TensorGuard and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Forensic Data caused damage to a third party.
9. Governing Law and Dispute Resolution
9.1. Governing Law. These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.
9.2. Dispute Resolution. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Delaware, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.3. Class Action Waiver. YOU AND TENSORGUARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. General Provisions
10.1. Changes to Terms. We reserve the right to modify these Terms at any time. We will provide notice of any material changes by sending an email to the address associated with your account. Your continued use of the Services after the effective date of the revised Terms will constitute your acceptance of the changes.
10.2. Entire Agreement. These Terms, together with the Privacy Policy and your Commercial Agreement, constitute the entire agreement between you and TensorGuard and supersede all prior agreements or understandings, written or oral.
10.3. Contact. If you have any questions about these Terms, please contact us at [email protected].
