1. Acceptance of Terms
By accessing and using the PurdueGuard website, platform, services, and documentation (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use our Services. These Terms apply to all users, including but not limited to customers, partners, and visitors. We reserve the right to modify these Terms at any time. Your continued use of our Services following notice of changes constitutes your acceptance of the modified Terms.
2. Description of Service
PurdueGuard provides a cloud-based and on-premises platform for federating operational technology (OT) and information technology (IT) device inventory, applying AI-driven Purdue Reference Model classification, and detecting cross-boundary anomalies in critical infrastructure networks. Our Services include device discovery, asset inventory management, zone classification, compliance reporting, API access, and customer support. The scope, features, and availability of Services are described in your service agreement and on our website. We reserve the right to modify, suspend, or discontinue Services with notice.
3. User Obligations and Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with all applicable laws and regulations. You agree not to: attempt to gain unauthorized access to our systems or other users' accounts; transmit viruses, malware, or disruptive code; reverse-engineer, decompile, or attempt to derive source code; use our Services for competitive analysis or to build competing products; violate intellectual property rights; harass, defame, or threaten other users; or conduct any illegal activity. You are responsible for all activities conducted through your account. If you discover unauthorized use, notify us immediately. We reserve the right to suspend or terminate your access for violations.
4. Intellectual Property Rights
All content, software, code, documentation, trademarks, logos, and materials provided by PurdueGuard are the exclusive property of PurdueGuard, Inc. or our licensors. You retain ownership of any content you provide to our Services (your "Content"), but grant us a worldwide, non-exclusive, royalty-free license to use, copy, distribute, and publicly display your Content solely for the purpose of providing and improving our Services. You warrant that your Content does not infringe on third-party rights. We do not claim ownership of your Content. However, we reserve the right to use anonymized, aggregated, and derived insights from your Content.
5. Limitation of Liability and Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY THREATS. IN NO EVENT SHALL PURDUEGUARD BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
6. Indemnification
You agree to indemnify, defend, and hold harmless PurdueGuard, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from or related to: your use of our Services; your violation of these Terms; your violation of any applicable law or regulation; or your Content or activity that infringes on third-party rights. This obligation does not apply to claims resulting solely from our negligence or willful misconduct.
7. Term and Termination
Your use of our Services is governed by your service agreement or subscription term. Either party may terminate the relationship for material breach if the breaching party does not cure the breach within 30 days of written notice. We may terminate or suspend your account immediately for violations of these Terms, unauthorized use, or non-payment. Upon termination, your right to use our Services ceases. We will retain your Content for the duration of your contractual obligation and may delete it thereafter, unless law requires longer retention.
8. Confidentiality
Each party agrees to maintain the confidentiality of the other's non-public information and use it solely for the purposes stated in our agreement. Confidential information excludes information that is publicly available, independently developed, or rightfully received from third parties. We may disclose your information where required by law or court order, provided we give you notice to allow you to seek protection. Our privacy commitments are further detailed in our Privacy Policy.
9. Governing Law and Dispute Resolution
These Terms and your use of our Services are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or our Services shall first be subject to good-faith negotiation between the parties. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in San Jose, California. The arbitration shall be conducted by a single arbitrator. Each party bears its own costs and attorneys' fees unless the arbitrator awards them to the prevailing party.
10. Entire Agreement and Severability
These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and PurdueGuard regarding your use of our Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision. For questions or concerns about these Terms, contact [email protected].