TensorGuard Terms of Service
Last Updated: March 15th, 2026
New Customer Effective Date: March 15th, 2026
Current Customer Effective Date: April 15th, 2026
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 forensic analysis platform, available as a cloud-based software-as-a-service (“Cloud Services”) or as deployable software container images for on-premises hosting (“Software”). Together, the Cloud Services and Software comprise the “Services”. The Services utilize proprietary and third-party technologies, including artificial intelligence models, to process device and cloud forensic data for incident response and compromise assessment purposes (“Purpose”).
Access to the Cloud Services is granted by manual provisioning by authorized TensorGuard employees only and is not available to the general public. For Software deployments, you acknowledge that you maintain total control over your infrastructure and data, and TensorGuard does not host, process, or secure your Forensic Data.
1.1. Nature of AI Analysis. You acknowledge that the AI-powered reporting within the Services, including executive summaries, alerts, timelines, and suggested remediation steps, is designed to provide rapid situational awareness and serve as a powerful tool to accelerate and guide human-led investigations. The resulting reports and interpretations are intended for informational and investigative purposes and should not be considered a substitute for a comprehensive review by a qualified digital forensics expert. TensorGuard provides direct access to the underlying forensic artifacts to facilitate such expert validation.
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 & Device Security. Access to the Cloud Services console is provided via third-party Enterprise Identity Providers (IdPs) utilizing standard SSO/OIDC protocols (e.g., Microsoft Entra ID, Okta, Google, GitLab). You are responsible for safeguarding your third-party account credentials, as a compromised third-party account may lead to a compromised TensorGuard account.
Separately, target device authentication and forensic collector provisioning are governed exclusively by TensorGuard-generated Enrollment Keys. To facilitate rapid deployment, the platform may generate short-lived, one-time exchange tokens (such as QR codes or PINs) used solely to fetch the underlying Enrollment Keys. You are solely responsible for safeguarding these permanent Enrollment Keys, as well as any ephemeral QR codes or PINs. TensorGuard accepts no liability for unauthorized device enrollments or forensic collections resulting from the mishandling, exposure, or interception of your Enrollment Keys or exchange tokens. You agree to notify TensorGuard immediately of any unauthorized use of your account or enrollment infrastructure.
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 & M&A Authorization. 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 or cloud workspaces from which a forensic collection is taken. If you are utilizing the Services for Mergers and Acquisitions (M&A) cyber due diligence or third-party incident response, you represent and warrant that you possess legally binding, written authorization (such as formal Rules of Engagement (RoE), Consent to Monitor, or explicit Information Technology Access Authorization) signed by an authorized executive of the target entity to deploy the Services and process their Forensic Data.
- Violate Workplace Monitoring Laws. You acknowledge that the Services capture granular user activity. You warrant that your Organization has implemented legally adequate workplace policies establishing that users have no expectation of privacy on managed devices, and that you have fulfilled all required employee notification and consent obligations under applicable federal and state workplace electronic monitoring statutes prior to deploying the Services.
- Misuse Opt-In Cloud Integrations. By default, TensorGuard strictly analyzes endpoint device data. If your Organization affirmatively opts in to enable specialized cloud communication collections (e.g., Microsoft 365 or Slack API integrations), you represent and warrant that you possess the administrative authority and legal right under all applicable statutes—including the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA)—to intercept, access, and process those communications.
- Target Protected Health Information (PHI). The Services are not HIPAA-compliant, are not designed to secure Protected Health Information (PHI), and TensorGuard does not execute Business Associate Agreements (BAAs). You agree not to utilize the Services as a system of record for PHI, nor intentionally target PHI for collection. We acknowledge that the incidental, unavoidable ingestion of PHI may occur during a legitimate, broad-scope enterprise digital forensic investigation or compromise assessment. In the event of such incidental collection, your Organization assumes sole and absolute responsibility and legal liability for compliance with HIPAA, data minimization, and all associated regulatory data governance obligations. TensorGuard acts solely as an underlying infrastructure provider in these instances.
- Harm Minors. Use the Services to intentionally target, track, or profile any data belonging to or originating from individuals under the age of 18 in violation of applicable child privacy laws. We acknowledge that the incidental ingestion of such data during a legitimate, broad-scope enterprise forensic investigation may occur and is managed by your Organization’s own data governance policies.
- 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.
- Falsify Attestations. Provide false, misleading, or unauthorized information when submitting an Attestation Statement for a manual forensic collection. You acknowledge that Attestation Statements are utilized to establish a legally defensible Chain of Custody. Your Organization assumes full liability for the truthfulness and legal authority of any manual collections attested to by your Users.
- Resell the Service. Resell, sublicense, or otherwise redistribute the Services except as part of an authorized Managed Security Service Provider (MSSP) or Incident Response consulting engagement as specified in your Commercial Agreement.
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 payment@tensorguard.com. 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. Notwithstanding the foregoing, certain components of the Services may be subject to open-source software licenses; the terms of such open-source licenses will govern your use of those specific components to the extent required by the applicable license.
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 collect and utilize operational metadata, error logs, and statistical telemetry derived from your use of the Services for the sole purpose of improving our internal coding logic and platform stability. We may also temporarily process your Forensic Data to evaluate and grade the accuracy of our AI models’ analytical outputs. For absolute clarity, TensorGuard does not retain perpetual rights to your Forensic Data for heuristic tuning, and we will never use your Forensic Data, nor any plain-language queries or analytical prompts submitted by your Users, to train, retrain, or fine-tune foundational generative Artificial Intelligence models across tenant boundaries. 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. Disclaimer Regarding AI Analysis. YOU ACKNOWLEDGE THAT THE SERVICES UTILIZE ARTIFICIAL INTELLIGENCE TO GENERATE SUMMARIES, TIMELINES, ALERTS, AND SUGGESTED REMEDIATION STEPS BASED ON THE FORENSIC DATA PROVIDED. TENSORGUARD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY SUCH AI-GENERATED OUTPUTS. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL AI-GENERATED FINDINGS AND INTERPRETATIONS WITH A QUALIFIED HUMAN EXPERT BEFORE TAKING ANY REMEDIAL ACTION OR REACHING ANY LEGAL OR FACTUAL CONCLUSIONS. RELIANCE ON ANY AI-GENERATED INFORMATION IS SOLELY AT YOUR OWN RISK.
7.3. Disclaimer Regarding Cryptography and Admissibility. WHILE TENSORGUARD EMPLOYS CHAIN OF CUSTODY REPORTING AND CRYPTOGRAPHIC LIBRARIES COMPILED TO FIPS STANDARDS, THE PLATFORM ITSELF HAS NOT BEEN FORMALLY VALIDATED OR CERTIFIED BY THE NIST CRYPTOGRAPHIC MODULE VALIDATION PROGRAM (CMVP). FURTHERMORE, WE DISCLAIM ANY GUARANTEE REGARDING THE AUTOMATIC LEGAL ADMISSIBILITY OF ANY REPORTS OR CHAIN OF CUSTODY LOGS GENERATED BY THE SERVICES IN A COURT OF LAW WITHOUT CORROBORATING HUMAN EXPERT TESTIMONY.
7.4. 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
8.1. Indemnification by You. 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; (iv) any claim that your Forensic Data caused damage to a third party; or (v) any claim brought by a target entity or third-party resulting from your unauthorized forensic collection or network scanning on their infrastructure.
8.2. Indemnification by TensorGuard. TensorGuard agrees to defend, indemnify, and hold your Organization harmless from and against any third-party claims, damages, or costs (including reasonable attorney’s fees) alleging that your authorized use of the Services infringes upon any valid U.S. patent, copyright, or trademark. If the Services become the subject of such a claim, TensorGuard may, at its option and expense: (i) procure the right for you to continue using the Services; (ii) modify or replace the Services to be non-infringing; or (iii) terminate the Agreement and refund any prepaid, unused fees.
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. Convenience of Translation and Controlling Language
TensorGuard may provide translations of the Services interface into languages other than English strictly for the operational convenience of U.S.-based multinational teams and non-native speakers residing within the United States. You agree that the English-language version of these Terms shall strictly govern your relationship with TensorGuard under U.S. law. Providing localized interfaces does not constitute an intention to offer Services within, or submit to the jurisdiction of, any foreign nation or non-U.S. data protection framework.
10.3 Data Processing Addendum. To the extent that TensorGuard processes any Personal Information (as defined in applicable U.S. Privacy Laws) on your behalf in the provision of the Services, the terms of our Data Processing Addendum, available at https://tensorguard.com/data-processing-addendum, are hereby incorporated by reference and shall apply to such processing.
10.4. Entire Agreement. These Terms, together with the Privacy Policy, the Data Processing Addendum, and your Commercial Agreement, constitute the entire agreement between you and TensorGuard and supersede all prior agreements or understandings, written or oral.
10.5. Export Compliance. The Services, including the .spade cryptographic collection packages and underlying FIPS-compiled binaries, are subject to the export control and economic sanctions laws and regulations of the United States, including the Export Administration Regulations (EAR) and regulations promulgated by the Office of Foreign Assets Control (OFAC). You represent and warrant that you and your Users are not located in, under the control of, or a national or resident of any embargoed or comprehensively sanctioned country, nor are you on any U.S. Government list of prohibited or restricted parties. You agree not to export, re-export, or transfer the Services in violation of U.S. law.
10.6. Contact. If you have any questions about these Terms, please contact us at privacy@tensorguard.com.
10.7. Publicity. You grant TensorGuard the non-exclusive, worldwide, royalty-free right and license to use your Organization’s name, logos, and trademarks solely to identify you as a TensorGuard customer on our Site and in other marketing or promotional materials. If your Organization does not wish to be identified as a customer, you may opt-out at any time by submitting a written request to privacy@tensorguard.com, after which we will promptly remove your branding from public-facing materials.
