Terms of Service

1. Introduction

These Terms of Service (the “Agreement,” “Terms of Service,” or “Terms”) describe the terms and conditions on which Also Known As, Inc. (“AKA Security,” “AKA,” “we,” “us,” or “our”) offers you, whether personally or on behalf of an entity (“you” or “your”), access to the akasecurity.io website, any associated documentation and software we distribute, and your product and SaaS use of the Services (together, the “Services”). Professional security services engagements are governed by our Master Services Agreement, not these Terms.

2. Definitions

The following defined terms have the meanings set out below:

• AI-TC means the AI Traffic Control security engine and any other open source software AKA Security publishes from time to time.
• Distributed Software means any software AKA Security makes available to you as part of the Services, including AI-TC and any closed-source software provided under a separate written agreement.
• End User means any person who accesses the Services under your account or on your behalf.
• Open Source License means the license file accompanying AI-TC in its public repository, which governs your use of, contribution to, and redistribution of AI-TC source code and binaries.
• Order Form means any ordering document or statement of work executed by you and AKA Security that incorporates these Terms.
• Professional Services means any consulting, deployment, training, or other services AKA Security provides to you under an Order Form.

3. AI-TC and open source

AI-TC is published as open source software. Your rights to use, modify, redistribute, and contribute to the AI-TC source code and binaries are governed by the Open Source License accompanying it in its public repository, not by these Terms. To the extent these Terms appear to restrict any right granted to you under the Open Source License, the Open Source License controls.

These Terms govern (i) your access to the akasecurity.io website and any documentation hosted on it, (ii) any Distributed Software that AKA Security provides under a separate commercial agreement, and (iii) any Professional Services we provide under an Order Form. They do not govern the AI-TC source code itself.

4. Your use of the Services

You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for your use of the Services and for any End Users, and shall abide by and ensure compliance with all federal, state, local laws, and regulations (“Laws”) in connection with your use of the Services, including but not limited to Laws related to intellectual property, privacy, and export control.

Prohibited Use. You agree that you will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer, or otherwise attempt to gain access to the source code of any Distributed Software that AKA Security has not made available as open source; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts AKA Security’s networks, your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading; (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions, or graphics of the Services; (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party, or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense; (vii) upload or transmit any software, data, or code that does or is intended to harm, disable, destroy, or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software, or networks of AKA Security or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or AKA Security’s security systems; (ix) use the Services in violation of any AKA Security policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations; or (x) access the Services for the purpose of competing with AKA Security, using a false identity or false information.

Limitations on Use. You may not reproduce, resell, or distribute any closed-source Distributed Software unless you have been specifically permitted to do so under a separate written agreement with AKA Security. This restriction does not apply to AI-TC or to any other software AKA Security makes available under an Open Source License.

Cooperation. You agree to cooperate fully with and provide all necessary information to us in your performance under this Agreement, and agree to take any and all actions reasonably necessary to enable us to perform the Services in an efficient and timely manner.

Professional Services. You may engage AKA Security from time to time for Professional Services as outlined in an Order Form or Statement of Work, which will be subject to the terms outlined therein and the additional terms and conditions of this Agreement. The term “Services” as used in this Agreement will include any Professional Services so engaged. Professional Services delivered under a Statement of Work are governed by our Master Services Agreement.

5. AKA Security obligations

AKA Security will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to the data sent or uploaded by you in using the Services (“Data”), in accordance with reasonable practices. AKA Security will notify you if it becomes aware of unauthorized access to your Data. AKA Security will not access, view, or process your Data except (a) as provided for in this Agreement and in AKA Security’s Privacy Policy; (b) as authorized or instructed by you; (c) as required to perform its obligations under this Agreement; or (d) as required by Law. To the extent applicable, the parties shall comply with relevant national, international, state, and regional data protection legislation or regulations.

6. Fees and payment

Fees. You agree to pay AKA Security the applicable fees (the “Fees”) for any Services described in an Order Form. Use of AI-TC under its Open Source License is free of charge.

Invoices. For Services associated with an Order Form and except as otherwise specified, AKA Security will invoice you as provided in the Order Form, and you agree to pay all invoiced amounts as specified in the applicable Order Form.

Taxes. All amounts payable hereunder are exclusive of any sales, use, and other taxes or duties, however designated, that may be applicable to such amounts payable, excluding any taxes based solely on the income of either party. You are solely responsible for payment of any and all such taxes.

Suspension. AKA Security reserves the right to suspend your access to any paid Services with notice in the event of non-payment of Fees. Payments for Services are not refundable.

7. Term and termination

Term. This Agreement is effective from the date you first accept it and continues for the period set out in any applicable Order Form (the “Initial Term”), and will automatically renew for successive periods of one year (each a “Renewal Term”) unless terminated as provided below.

Termination. Unless otherwise specified in an Order Form, either party may terminate an Order Form upon written notice as specified in that Order Form prior to the expiration of the then-current term. If the other party is in material breach, a party may terminate this Agreement immediately on written notice to the other party that it is in material breach; provided that if the breach is capable of cure (other than non-payment of Fees), the breaching party will have a reasonable period from the notice date to cure the breach to the non-breaching party’s reasonable satisfaction.

Effects of Termination. Upon termination or expiration of this Agreement: (A) AKA Security may disable your access to any paid Services and delete any associated data not subject to legal retention; and (B) you shall immediately cease your use of any closed-source Distributed Software, delete all AKA Security Confidential Information in your possession or control, and pay AKA Security any amounts owed through the date of termination. Your rights to any open source software AKA Security has distributed to you remain governed by the Open Source License.

8. Confidential information

“Confidential Information” means any information, regardless of form, disclosed by a party (the “Disclosing Party”) to the other party (the “Receiving Party”) that is either (i) marked as confidential or proprietary, (ii) identified in writing as confidential or proprietary, or (iii) would be reasonably understood by the Receiving Party as the Disclosing Party’s Confidential Information at the time of disclosure. Confidential Information does not include the source code of any software made available under an Open Source License.

Information shall not be deemed Confidential Information if such information: (i) is or becomes known to the Receiving Party without obligation of confidentiality, (ii) becomes publicly available other than through a breach of this Agreement by the Receiving Party, or (iii) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. The Receiving Party shall use reasonable measures to protect and avoid disclosure and unauthorized use or reproduction of the other party’s Confidential Information.

Confidential Information may be disclosed by the Receiving Party only to (i) employees and agents who have a need to know in the course of their duties, and (ii) legal or financial advisors or potential acquirers or financing sources on a need-to-know basis, in each case bound by contractual or professional confidentiality obligations at least as restrictive as those set out in this Agreement. Upon written request, the Receiving Party will promptly return or destroy the Disclosing Party’s Confidential Information.

9. Proprietary rights

Except for rights granted to you under an Open Source License, AKA Security and its suppliers retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“AKA Security Marks”) associated or displayed with the Services. You may not use AKA Security Marks without express written consent.

10. Copyright

You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, rights of publicity, or other proprietary rights, including closed-source Distributed Software, without obtaining the prior written consent of the owner of such proprietary rights. AKA Security may deny access to the Services to any user who is alleged to infringe another party’s copyright. If you believe your copyright has been infringed, please notify AKA Security as specified in our DMCA policy.

11. Export restrictions

You acknowledge that the Services, or portions thereof, may be subject to the export control laws of the United States and other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). You and your End Users may not access, use, export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export control or trade sanctions law or regulation.

You represent and warrant that (i) you and your End Users are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, Crimea, and covered regions of Ukraine) and that you and your End Users will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (ii) you and your End Users are not identified on any U.S. government restricted party lists; and (iii) no Data created or submitted by you or your End Users is subject to any restriction on disclosure, transfer, download, export, or re-export under the Export Control Laws.

12. Disclaimer of warranties

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND AKA SECURITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. AKA SECURITY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK.

13. Indemnification

You agree to indemnify, defend, and hold harmless AKA Security, its affiliates, officers, directors, employees, consultants, agents, suppliers, and resellers from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Services, your violation of this Agreement, or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AKA SECURITY OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF AKA SECURITY, ITS AFFILIATES, SUPPLIERS, OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AKA SECURITY’S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS, OR (B) FIVE HUNDRED DOLLARS ($500). CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Privacy

Use of the Services is also subject to AKA Security’s Privacy Policy, incorporated into this Agreement by this reference. You understand and agree that AKA Security may contact you via email or otherwise with information relevant to your use of the Services, regardless of whether you have opted out of receiving marketing communications or notices.

16. Governing law

This Agreement and all claims or causes of action that may be based upon, arise out of, or relate to this Agreement shall be governed by and construed under the laws of the State of California. You and AKA Security consent to the exclusive jurisdiction and venue of the state courts located in and serving San Mateo or San Francisco County, California, and the federal courts in the Northern District of California.

17. General provisions

Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, pandemics, or any other cause beyond the reasonable control of such party.

Assignment. You may not assign or transfer this Agreement without our prior written consent. Any attempted assignment or delegation in violation of this Section shall be null and void. This Agreement may be assigned by us in whole or part and will inure to the benefit of our successors and assigns.

Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

Entire Agreement. This Agreement embodies the entire understanding and agreement between the parties respecting its subject matter and supersedes any and all prior understandings and agreements, except that if you or your company have executed a separate written agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. Terms and conditions in any associated purchase order shall have no force or effect.

Changes. AKA Security may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. AKA Security will exercise commercially reasonable business efforts to provide notice to you of any material changes. Upon the posting of changes (or the date of notice, if provided), they will be binding on you. If you do not agree with the changes, you should discontinue using the Services. If you continue using the Services after such posting or notice, you will be deemed to have accepted the changes.

Effective as of June 29, 2026