Terms of Service

Welcome to SPARTA DEFEND j.d.o.o. za usluge ("Sparta Defend", "we", "us" or "our"). These Terms of Service govern your access to and use of our endpoint detection and response platform, website, software and related services, collectively the Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you may not use our Services. If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our platform. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

Sparta Defend provides enterprise grade endpoint detection and response software utilising fault isolated, user mode architecture to deliver comprehensive security without kernel level system risks.

Our Services include:

• Real time threat detection and behavioural analysis
• Malware scanning and YARA rule matching
• Cloud based threat intelligence integration
• Security event monitoring and logging
• Incident response and remediation tools
• Compliance reporting and analytics
• Technical support, depending on tier

We reserve the right to modify, suspend or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify you of significant changes.

3.1 Account creation

To use our Services, you must create an account by providing accurate, current and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Security obligations

You agree to:

• Use strong, unique passwords and enable multi-factor authentication
• Promptly notify us of any unauthorised access or security breach
• Keep your contact information up to date
• Not share your account credentials with unauthorised parties
• Comply with all security policies and best practices we provide

3.3 Account termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity or use the Services in a manner that harms us or other users. You may terminate your account at any time by contacting our support team.

You agree not to use the Services to:

• Violate any laws, regulations or third party rights
• Distribute malware, viruses or malicious code
• Conduct unauthorised security testing or penetration testing
• Attempt to gain unauthorised access to our systems or other users' accounts
• Reverse engineer, decompile or disassemble our software
• Remove or modify any proprietary notices or labels
• Interfere with or disrupt the Services or servers
• Use automated systems such as bots or scrapers without authorisation
• Resell or redistribute the Services without written permission
• Use the Services for cryptocurrency mining or similar resource intensive activities
• Monitor or copy data or content using manual or automated means
• Impersonate any person or entity or misrepresent your affiliation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and may be reported to law enforcement authorities.

5.1 Pricing and billing

Our Services are offered through various subscription plans with pricing based on the number of endpoints, features selected and subscription term. All fees are stated in U.S. Dollars unless otherwise specified.

Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. You authorise us to charge your payment method on file for all applicable fees.

5.2 Payment methods

We accept credit cards, wire transfers and other payment methods as specified during checkout. You are responsible for providing accurate payment information and maintaining valid payment methods on file.

5.3 Price changes

We reserve the right to modify our pricing at any time. Price changes will not affect your current subscription term but will apply upon renewal. We will notify you at least 30 days before any price increase takes effect.

5.4 Taxes

All fees are exclusive of applicable taxes, including VAT, sales tax or other similar taxes. You are responsible for paying all taxes associated with your purchase, except for taxes based on our net income.

5.5 Refunds

We offer a 30 day money back guarantee for new subscriptions. If you are not satisfied with our Services within the first 30 days, you may request a full refund. After 30 days, subscription fees are non-refundable, except as required by law or at our sole discretion.

Annual subscriptions are non-refundable after the 30 day guarantee period, but you may choose not to renew at the end of your subscription term.

5.6 Late payments and suspension

If payment is not received within 10 days of the due date, we may suspend your access to the Services. Suspended accounts will be reactivated upon receipt of all outstanding payments. Accounts with payments overdue for more than 30 days may be terminated and all data may be deleted.

We may offer free trials or promotional pricing at our discretion. Free trials automatically convert to paid subscriptions unless cancelled before the trial period ends. Promotional pricing applies only to the initial term and reverts to standard pricing upon renewal.

Free trial eligibility is limited to new customers and one trial per organisation. We reserve the right to determine trial eligibility and to revoke trial access if we detect abuse.

7.1 Your data

You retain all rights, title and interest in the data you submit to our Services, the Customer Data. By using our Services, you grant us a limited licence to process, store and analyse Customer Data solely for the purpose of providing the Services and as described in our Privacy Policy.

7.2 Data security

We implement industry standard security measures to protect Customer Data, including encryption, access controls and regular security audits. However, no system is completely secure and we cannot guarantee absolute security of your data.

7.3 Data location and transfer

Customer Data may be processed and stored in the United States or other countries where we or our service providers maintain facilities. By using our Services, you consent to the transfer of data outside your country of residence.

7.4 Data retention and deletion

We retain Customer Data in accordance with our Privacy Policy and applicable laws. Upon termination of your account, we will delete or anonymise your Customer Data within 90 days, except where retention is required by law or for legitimate business purposes.

You may request deletion of your Customer Data at any time by contacting us. We will comply with such requests within a reasonable timeframe, subject to legal and contractual obligations.

8.1 Our intellectual property

The Services, including all software, algorithms, designs, trademarks, logos and content, excluding Customer Data, are owned by SPARTA DEFEND j.d.o.o. za usluge and protected by U.S. and international intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for their intended purpose. You may not copy, modify, distribute, sell or create derivative works based on the Services.

8.2 Feedback

If you provide feedback, suggestions or ideas about our Services, you grant us a perpetual, irrevocable, worldwide, royalty free licence to use, modify and incorporate such feedback without compensation or attribution.

Our Services may integrate with or contain links to third party applications, websites or services. We are not responsible for the content, functionality or privacy practices of these third parties. Your use of third party services is governed by their respective terms and policies.

We do not endorse or assume any liability for third party services. Integration with third party services may require you to agree to additional terms or provide access to your data.

We strive to maintain 99.9 percent uptime for our Services, excluding scheduled maintenance and circumstances beyond our reasonable control. Specific SLA terms, including uptime guarantees and service credits, are detailed in your subscription agreement or enterprise contract.

Scheduled maintenance will be announced at least 48 hours in advance when possible. Emergency maintenance may be performed with limited notice to address critical security issues or system failures.

11.1 Limited warranty

We warrant that the Services will perform substantially in accordance with our documentation under normal use. If the Services do not conform to this warranty, your sole remedy is to discontinue use and receive a pro-rated refund for the remaining subscription term.

11.2 Disclaimers

Except as expressly provided in these Terms, the Services are provided as is and as available without warranties of any kind, either express or implied.

We disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose and non-infringement
• Warranties regarding accuracy, reliability or completeness of content
• Warranties that the Services will be uninterrupted, error free or secure
• Warranties that all threats will be detected or prevented

No cybersecurity solution can guarantee one hundred percent protection against all threats. You acknowledge that the Services are one component of a comprehensive security strategy and should be used in conjunction with other security measures.

To the maximum extent permitted by law, SPARTA DEFEND j.d.o.o. za usluge shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, data, use or goodwill, even if we have been advised of the possibility of such damages.

Our total liability to you for all claims arising from or related to the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or 1,000 US dollars, whichever is greater.

These limitations apply regardless of the legal theory upon which the claim is based, whether contract, tort, negligence, strict liability or otherwise, and whether or not we have been informed of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless SPARTA DEFEND j.d.o.o. za usluge, its affiliates, officers, directors, employees, agents and licensors from and against any claims, liabilities, damages, losses, costs or expenses, including reasonable attorney's fees, arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third party rights
• Your Customer Data or content you submit
• Unauthorised access to your account resulting from your failure to secure credentials

We reserve the right to assume exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with our defence.

14.1 Informal resolution

Before initiating formal proceedings, you agree to contact us at office@spartadefend.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 60 days.

14.2 Binding arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

The arbitration will be conducted in Sheridan, Wyoming, unless both parties agree to another location. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

14.3 Class action waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Exceptions

Either party may seek injunctive or equitable relief in court for intellectual property infringement or unauthorised access to systems. Small claims court disputes are exempt from mandatory arbitration.

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Any legal action not subject to arbitration must be brought in the federal or state courts located in Sheridan County, Wyoming, and you consent to the exclusive jurisdiction of such courts.

The Services and related technology are subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws, including the Export Administration Regulations and sanctions administered by the Office of Foreign Assets Control.

You represent that you are not located in, under the control of, or a national or resident of any embargoed country or on any U.S. government list of prohibited or restricted parties.

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation, facilities, fuel, energy, labour or materials.

You may not assign, transfer or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets. Any attempted assignment in violation of this section is void.

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and SPARTA DEFEND j.d.o.o. za usluge regarding the Services and supersede all prior agreements, understandings and communications.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of SPARTA DEFEND j.d.o.o. za usluge.

All notices under these Terms must be in writing and will be deemed effective when:

• Delivered personally
• Sent by confirmed email
• Sent by registered or certified mail, return receipt requested
• Delivered by a recognised overnight courier service

Notices to us should be sent to the address listed in section 23 below.