Terms of Service

Welcome to Anomity, an enterprise security platform that gives security teams a single dashboard showing AI agents, MCP servers, IDE extensions, plugins, skills, hooks, CLIs, AI accounts, AI websites, and secrets on their managed employee endpoints, browsers, and connected cloud accounts, with the policy controls to govern them (the “Service”). The Service is offered under the brand “Anomity” and is developed and operated by Deskfirst, Inc. and its subsidiary Deskfirst Ltd.

These terms of use, including our Privacy Policy which is incorporated herein by reference (the “Terms”), constitute a binding contract between Deskfirst, Inc. and its subsidiary Deskfirst Ltd (together, “we”, “us”, “our”, “Anomity” or “Deskfirst”), and you, a person who accesses our website or the Service, including a person who has been authorized by an organization that licensed the Service to access the dashboard or related interfaces (“Authorized User”, or collectively “you”). IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS, USE OR UPLOAD ANY DATA TO THE SERVICE.

If you are an Authorized User who has been granted access to the Service by an organization (“Customer”) that has licensed the Service under the Anomity Service Agreement and a corresponding Order Form (an “Enterprise Customer”), the Anomity Service Agreement and the Anomity Data Processing Addendum, or any other written agreement signed with that Enterprise Customer, shall govern that Customer’s and its Authorized Users’ use of the Service in addition to (and, where applicable, in priority over) these Terms.

1. Definitions

1.1. “Anomity Cloud” means the multi-tenant SaaS application operated by Deskfirst that ingests, classifies, stores, and presents Telemetry Data, evaluates Customer policies, generates Findings, and exposes the Dashboard and APIs.

1.2. “Authorized User” means an individual to whom Customer has granted access credentials to the Dashboard or related Service interfaces, including security analysts, security administrators, IT administrators and other personnel of Customer.

1.3. “Dashboard” means the web-based interface and APIs through which Authorized Users view fleet inventory, Findings, audit trails, policies and related information.

1.4. “Sensors” means the endpoint software (the “Endpoint Sensor”, also referred to as the endpoint daemon) and the browser extension (the “Browser Sensor”) distributed by Deskfirst that, when installed by a Customer on Managed Devices and browsers, collect Telemetry Data and transmit it to Anomity Cloud, and that, where the Customer enables enforcement, may block AI agent actions and browser pastes, typed text, and uploads.

1.5. “Feedback” means information or content concerning enhancements, changes, or additions to the Service or other offerings by Anomity that are requested, desired, or suggested by you.

1.6. “Findings” means policy evaluation outputs, alerts, classifications, capability inferences, dangerous-combination detections, and other analytical outputs generated by the Service from Telemetry Data.

1.7. “Managed Device” means an endpoint device (Windows, macOS, or Linux) on which a Customer or its IT administrators have installed a Sensor, including devices issued to or used by Customer’s personnel and contractors.

1.8. “Service Data” means data collected and processed in the course of operating the Service about its use, performance, compatibility and interoperability, but excluding Telemetry Data and Customer Data.

1.9. “Telemetry Data” means the data collected by the Sensors, as described in the Anomity Service Agreement and the Anomity Data Processing Addendum, including configuration metadata about AI tools, MCP servers, extensions, plugins, skills, hooks, CLIs, permission grants, and related artifacts, device identifiers and operating-system account names, AI accounts and usage, enforcement events, AI website activity, detections of sensitive data, and change events. Telemetry Data does not include the values of secrets (in plaintext or hashed form), the content of prompts or AI responses, source code, or the contents of files, except for the limited redacted excerpts described in the Anomity Data Processing Addendum.

1.10. “Customer Data” means Telemetry Data, data from third-party services the Customer connects to the Service, configuration uploaded directly by Customer (such as policies, approval lists, and lookup data), and any other data submitted by Customer or its Authorized Users to the Service. We highly recommend that you take caution with the Customer Data you decide to provide to the Service. You hereby warrant that you have all rights, consents, licenses, and authorizations to collect, transmit, use and share the Customer Data, including from relevant third parties and from individuals associated with Managed Devices, in compliance with applicable employment, privacy and surveillance laws.

2. Eligibility and Account

2.1. The Service is intended for use by organizations and the personnel they authorize. The Service is not directed to individuals under the age of 18, and we do not knowingly enable accounts for minors.

2.2. Authorized Users are provisioned by their organization, by invitation or through single sign-on with the Customer’s identity provider. You must provide true, accurate and complete account details, and you must not register using the name of another person or business, or a temporary, fake, or alias email address. Breaching these conditions may result in termination of access and deletion of the related account.

2.3. We reserve the right to request additional information necessary for verification before restoring access to or providing information about accounts on our Service.

3. Access to the Service

3.1. Subject to the provisions of these Terms and any applicable Anomity Service Agreement and Order Form, Anomity grants you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Service, solely in accordance with these Terms.

3.2. The Service is generally available as enterprise SaaS pursuant to an Anomity Service Agreement and a corresponding Order Form. We do not warrant and may not be able to provide the Service to users or organizations in certain regions, including in jurisdictions to which export controls or sanctions apply. Users located in such regions will not be able to register and use the Service.

3.3. You are prohibited from selling, sharing, sublicensing, or transferring your account or your login credentials to any third party.

3.4. User Verification. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details if you choose to access the Service directly or through a third-party identity provider. You are solely responsible and liable for all activities performed with or through your Authorized User account, including any breach of these Terms.

3.5. Account Inactivity. To the extent an Authorized User account has not been used to access the Dashboard for one hundred and twenty (120) days or more, Anomity may, at its sole discretion, suspend or remove that account. Anomity may provide a prior email notice before doing so. This Section 3.5 does not affect the underlying Customer’s license, which is governed by the Anomity Service Agreement.

3.6. Sensor Distribution. The Sensors are distributed for installation only by, or under the direction of, an Enterprise Customer that has executed an Anomity Service Agreement, or a customer that has executed a proof-of-concept agreement with us. You may not install, redistribute, reverse engineer, repackage, or use the Sensors outside the scope of an authorized Customer deployment.

4. Third-Party Services; Links

4.1. You may choose to access third-party services or links offered by third-party providers through the Service or through ticketing, alerting, identity, SIEM, chat, or cloud-account integrations that you elect to enable (“Third-Party Services”). Such access does not require our knowledge or approval and we do not have any control over it.

4.2. We do not operate or monitor these Third-Party Services or their content. You may find these Third-Party Services or the information and content contained within them objectionable or not compatible with your requirements.

4.3. We do not endorse, control, or take responsibility for the Third-Party Services, their content, attributes, privacy practices, terms of use, or any other aspect of their operation. We assume no responsibility for any outcome of their use.

4.4. Use of Third-Party Services is governed by their respective terms of service, not by our Terms. When you use or access Third-Party Services you bear the sole and exclusive responsibility for accepting and complying with their respective terms of service, fees, and charges.

5. Availability, AI and Quality

5.1. The availability, quality, and functionality of the Service depend on various factors, including maintenance, software, hardware, communication networks, and the quality of broadband or other network connectivity, which are also provided by third parties at their responsibility. These factors are not fault-free and may result in downtimes.

5.2. You acknowledge that classification of MCP servers, capability inference, dangerous-combination detection, secret-pattern matching, AI-assisted remediation suggestions, and other analytics provided by the Service are produced through a combination of curated registries, deterministic rules, statistical heuristics, and machine learning models. Due to the probabilistic nature of these methods, there may be instances where Findings or other outputs do not accurately represent real conditions on a Managed Device. You acknowledge and agree as follows:

5.2.1. Findings and other Service outputs may be inaccurate, incomplete, false-positive, or false-negative, and they are not the sole source of truth or factual information about the security posture of any Managed Device or organization.

5.2.2. The Service is not a substitute for professional security advice, regulatory compliance review, or legal counsel.

5.2.3. It is your responsibility to assess the accuracy and suitability of Findings and other Service outputs for your specific use case, including conducting human review where necessary. Your reliance on Findings and other Service outputs is solely at your own risk.

5.2.4. You must not use Findings or other Service outputs to take decisions about an individual that could have legal or material consequences for that individual (such as those related to hiring, termination, discipline, credit, education, employment, housing, insurance, legal matters, or medical issues) without independent human review and an appropriate lawful basis. You may not use Findings to categorize individuals based on biometric data, or to deduce or infer sensitive attributes such as race, political opinions, religious beliefs, or sexual orientation.

5.2.5. The Service may generate incomplete, incorrect, or otherwise imperfect Findings or AI-assisted remediation suggestions that do not reflect Anomity’s views. References to third-party products or services within the Service do not imply endorsement of or affiliation with Anomity.

5.2.6. Due to the nature of the underlying analytics, Findings produced for one Customer may be similar or identical to Findings produced for other Customers in respect of comparable AI tooling, and similarity does not constitute disclosure of any other Customer’s data.

6. Restrictions

While using the Service, you must refrain from:

6.1. breaching the Terms or any other applicable rules and instructions that we may convey in writing with respect to the use of the Service;

6.2. engaging in any activity that constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law;

6.3. removing, or in any manner altering, any product identification, proprietary, trademark, copyright, or other notices contained in the Service or in the Sensors;

6.4. circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented in the Service;

6.5. breaching the security of the Service or identifying any security vulnerabilities in it, other than activities expressly authorized in writing by Anomity;

6.6. knowingly and intentionally submitting erroneous, malicious, or fabricated Telemetry Data, configuration, or content;

6.7. using or launching any automated system, including robots, crawlers and similar applications, to scrape, harvest, collect or compile content from or through the Service, or in such ways that may impair or disrupt the Service’s functionality;

6.8. impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency, or affiliation with any person or entity;

6.9. collecting, harvesting, obtaining, or processing personal information of or about other Authorized Users of the Service for purposes other than legitimate use of the Service;

6.10. accessing the Service’s APIs by means other than those natively provided by our Service, or expressly permitted by us;

6.11. interfering with, burdening, or disrupting the Service, such as intentionally overloading the Service and its servers in order to render the Service inoperable (including denial-of-service or distributed denial-of-service attacks);

6.12. enhancing, supplementing, modifying, adapting, decompiling, disseminating, disassembling, recreating, generating, reverse assembling, reverse compiling, reverse engineering, or otherwise attempting to identify the underlying source code of the Service, including the Sensors and any client-side components, except for components that we make available under an open source license;

6.13. accessing or using the Service in order to develop, create, or permit others to develop or create a similar or competitive product or service, or to build, train or fine-tune any model;

6.14. sharing your login credentials or Authorized User account with any other person or entity. This includes even temporarily letting others use or log in to your account. Logging into a single Authorized User account by multiple people or entities is strictly against our Terms;

6.15. abusing, harassing, threatening, or intimidating other Authorized Users of the Service or any individuals reflected in Telemetry Data;

6.16. installing, deploying, or operating the Sensors on any device or browser that you do not have lawful authority to monitor (including, where required by applicable law, without providing the relevant notice and obtaining the necessary consent of the device user), or operating the Sensors for the purpose of unauthorized surveillance of any individual;

6.17. submitting to the Service any software viruses, Trojan Horses, worms, spyware, ransomware, or other malicious code, or any content that infringes the intellectual property rights of others or violates a person’s right to privacy; and

6.18. otherwise encouraging or facilitating violations of these Terms or any of our other terms.

7. Account Suspension; Excessive Use

7.1. In addition to any remedies that may be available to us under any applicable law, we may, upon notice to you, temporarily or permanently deny, limit, suspend, or terminate your Authorized User account, prohibit you from accessing the Service, and take technical and legal measures to keep you off the Service, if we determine, in our reasonable discretion, any of the following:

You abused your rights to use the Service;

You breached the Terms;

You performed any act or omission that violates any applicable law, rules, or regulations;

You have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other Authorized Users, individuals reflected in Telemetry Data, or the integrity of the Service;

You used the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such act;

You deliberately submitted false information or have failed to comply with our requests for information regarding your identity; or

You or your Customer have failed to meet payment obligations under an applicable Order Form.

7.2. We may, upon notice to you, offer the Service in different pricing after the end of the current subscription term and impose additional restrictions on the volume of Telemetry Data ingested, the number of Managed Devices, the number of API requests, or other usage metrics, or temporarily or permanently deny, limit, suspend, or terminate your account where we believe that you, your Authorized Users, or other personnel of your Customer have misused the Service or otherwise used the Service in an excessive manner compared to the anticipated standard use.

8. Privacy

We respect your privacy. Our Privacy Policy explains the privacy practices of the Service. When the Service is provided to an Enterprise Customer, we will process Telemetry Data and other Customer Data as a processor on behalf of the Customer, under the Anomity Data Processing Addendum.

9. Intellectual Property

9.1. The Service is a proprietary offering of Anomity, protected under copyright laws and international copyright treaties, trade secret law, and other intellectual property rights of general applicability. The Service is offered to users for use and access only in accordance with these Terms and is not sold in any other way.

9.2. You may provide Anomity with Feedback, including information pertaining to bugs, errors and malfunctions of the Service, performance of the Service, the Service’s compatibility and interoperability, and information or content concerning enhancements, changes or additions to the Service that you request, desire or suggest. You hereby assign all rights, titles, and interest in and to the Feedback to Anomity, including the right to make commercial use thereof, for any purpose Anomity deems appropriate.

9.3. Except as provided herein with respect to your personal information, Customer Data, and your limited access to use the Service according to these Terms, these Terms do not grant or assign to you any other license, right, title, or interest in or to the Service or the intellectual property rights associated with it. All rights, title and interest, including copyrights, trademarks, trade names, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Service or any part thereof, including the Sensors, the Anomity Cloud, the global agent registry, capability taxonomy, secret pattern library, computer code, graphic design, layout, and the user interfaces of the Service, whether or not based on or resulting from Feedback, are and will remain at all times, owned by, or licensed to, Anomity. When the Service is provided to an Enterprise Customer, Findings derived from Customer Data are processed for the provision of the Service to that Customer.

9.4. WE DO NOT CLAIM OWNERSHIP OVER CUSTOMER DATA. WHEN YOUR USE OF THE SERVICE INVOLVES TELEMETRY DATA OR OTHER CUSTOMER DATA, YOU REPRESENT AND WARRANT TO US THAT YOU ARE LAWFULLY PERMITTED TO HAVE US PROCESS SUCH DATA FOR THE PROVISION OF THE SERVICE TO YOU, INCLUDING THAT YOU HAVE PROVIDED ANY NOTICES AND OBTAINED ANY CONSENTS REQUIRED UNDER APPLICABLE EMPLOYMENT, PRIVACY AND SURVEILLANCE LAWS WITH RESPECT TO INDIVIDUALS ASSOCIATED WITH MANAGED DEVICES.

9.5. Notwithstanding anything to the contrary above, all right, title and interest in and to any methodology, technology, inventions, software, works of authorship, discoveries, methods, know-how, processes and other intellectual property owned, controlled and/or developed by Anomity, which (i) are in existence prior to the commencement of the applicable subscription term, or (ii) result from activities which are independent from but concurrent with these Terms, including without limitation all intellectual property rights therein and any enhancements, modifications and derivatives thereof (collectively, “Anomity IP”), are the sole and exclusive property of Anomity and/or its licensors. Except as expressly set forth in these Terms, nothing herein grants or assigns to you any license, right, title, or interest in or to the Anomity IP or any intellectual property rights associated therewith.

9.6. Subject to your written consent, Anomity may identify your organization as a Customer and indicate it as a user of the Service on its website and in other online or offline marketing materials and press releases. In such case, you hereby grant Anomity a worldwide, non-exclusive, non-transferable, royalty-free license to use your organization’s name, logo, and website URL on its website and in other online or offline marketing materials relating to the Service. Anomity will use this content strictly in accordance with any usage guidelines sent by you in advance.

10. Intellectual Property Infringement Notices

Notices of claimed infringement of intellectual property rights in connection with the Service must be made in writing. We will review each notice and act as necessary. To submit a notice, contact us at [email protected].

11. Customer Data Disclaimers

11.1. Anomity may but has no obligation to monitor Customer Data, including Telemetry Data and Findings. You hereby acknowledge that Customer Data being displayed in the Service is not under the control of Anomity, and you assume the exclusive responsibility for all risks arising from the introduction, use or reliance on such Customer Data.

11.2. Anomity shall not bear any liability incurred by you as a result of the introduction, use or reliance on Customer Data being accessed by you via the Service. You further acknowledge and agree that Anomity: (i) is not responsible for the availability, accuracy, completeness, quality and/or legality of such Customer Data; and (ii) is not liable to you or to any third party for any damage or loss resulting from your access or use of the content of such Customer Data. Your ability to access Customer Data does not imply any sponsorship by Anomity of any Customer Data.

12. Data Loss and Security

12.1. The Service is not a data storage or backup service. You are responsible for keeping your own copies of any data you wish to preserve outside the Service.

12.2. Anomity may delete your data and Customer Data from the Service upon termination, suspension, or to the extent you are otherwise abusing your right to use the Service or breaching these Terms, without prior notice, subject to the Anomity Service Agreement where it applies.

12.3. Anomity implements measures to reduce the risks of damage, loss of information and unauthorized access or use of information. These include encryption of data in transit and at rest, on-endpoint redaction of secrets so that secret values never leave the Managed Device, logical tenant isolation at the query layer, per-device Sensor credentials hashed at rest using bcrypt, and single sign-on via Customer’s identity provider (SAML or OIDC) where configured, as further explained in the Anomity Trust Center — https://trust.anomity.ai. Deskfirst, Inc. holds a SOC 2 Type II report, and a new report for the Anomity platform is currently in its SOC 2 Type II observation period. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your Customer Data, it is never 100% guaranteed, and you cannot expect that the Service will be totally immune from information security risks.

12.4. You are responsible for keeping your login credentials safe, for protecting the enrollment tokens and credentials used by the Sensors, and for restricting Authorized User access to those individuals with a legitimate need to know.

13. Subscriptions and Fees

13.1. Subscription Plan and Term. The Service is offered to Enterprise Customers under a paid subscription pursuant to an Anomity Service Agreement and a corresponding order form (each, an “Order Form”), accepted and executed by both parties. Each Order Form will include the name of the subscription plan, the number of Managed Devices or other usage metric covered, and the term of the subscription (the “Subscription Term”). Limited evaluation, pilot, or proof-of-concept access may be granted from time to time pursuant to a separate written agreement.

13.2. Authorized Users. The Service is licensed by Managed Device or other usage metric specified in the Order Form. Customer is responsible for managing access of Authorized Users in accordance with the Anomity Service Agreement. Authorized Users do not hold a separate subscription with Anomity; their use of the Service is at all times subject to the Customer’s license, these Terms, and the Anomity Service Agreement.

13.3. Subscription Auto-Renewal. Unless otherwise specified in the Order Form, the subscription automatically renews at the end of each Subscription Term for successive twelve (12) month terms, unless either party gives notice of non-renewal at least sixty (60) days before the end of the then-current Subscription Term, in accordance with the Anomity Service Agreement. Unless the Order Form provides otherwise, renewals are at our list price in effect when the renewal term begins, and discounts and promotional pricing apply only to the Subscription Term for which they were granted.

13.4. Subscription Fees. Subscription fees, payment terms, taxes, late-payment interest, and dispute procedures are governed by the Anomity Service Agreement and the applicable Order Form. Subscription fees are stated in US dollars unless stated otherwise. Any change to the subscription fees applies only to a renewal Subscription Term, and we will notify the Customer at least ninety (90) days before the renewal.

13.5. Payment Method. Customer agrees to keep its billing information current, complete, and accurate. Failure to pay subscription fees may result in the suspension or cancellation of the subscription, in accordance with the Anomity Service Agreement. Anomity may, at its sole discretion, attempt to collect unpaid subscription fees at a later time, either directly or through a third-party collection agency, to the extent permitted by applicable law.

13.6. Third-Party Payment Processor. Where Anomity uses a third-party payment processor (such as Stripe) to process credit card, debit card, or other payment transactions (a “Third-Party Payment Processor”), any payments processed through that processor are subject to its applicable terms and conditions. By using the Third-Party Payment Processor, Customer agrees to be bound by its applicable terms and conditions.

13.7. Sales tax and other taxes may apply to the subscription. Customer is responsible for all applicable taxes. Where taxes apply, we will charge the tax when required by applicable law.

13.8. Subscription Updates. During a Subscription Term, the Customer may add Managed Devices or another licensed metric, and reductions take effect at renewal, in each case as set out in the Anomity Service Agreement and the applicable Order Form.

13.9. Subscription Cancellation. The Customer may cancel its subscription in accordance with the Anomity Service Agreement and the applicable Order Form. Upon cancellation, the auto-renewal will be cancelled, and the subscription will remain available until the end of the then-current Subscription Term.

13.10. Non-refundable Fees. Subscription fees are non-cancellable and non-refundable, except as provided in the Anomity Service Agreement. Anomity will not refund or provide credits for any unused period within the Subscription Term. Customer is solely responsible for paying all subscription fees for the subscription it subscribed for.

13.11. Termination of Subscription. Upon termination of the subscription, Authorized Users’ access and permissions to the Dashboard and APIs will end, and the Sensors shall cease to be authorized to transmit Telemetry Data. For thirty (30) days after the termination (the “Grace Period”), the Customer may request restricted access to export historical Findings, audit trails, and other Customer Data. Following the Grace Period, Customer Data will be deleted in accordance with the Anomity Service Agreement and the Anomity Data Processing Addendum.

14. Termination

14.1. We may discontinue or terminate the operation of the Service, temporarily or permanently, including the removal of Customer Data for all Authorized Users, or for certain Authorized Users, such as due to account inactivity or if you abused your right to use the Service or breached these Terms. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.

14.2. Termination shall not relieve you or your Customer from any obligation to pay subscription fees that became due prior to termination.

15. No Warranty and Limitation on Liability

15.1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AFFILIATES AND ASSIGNEES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT (INCLUDING TELEMETRY DATA, FINDINGS AND OTHER CUSTOMER DATA), YOUR ACCOUNT, THE THIRD-PARTY SERVICES, ANY INTERACTION RELATED TO THE SERVICE AND ANY INTERFACE BETWEEN YOU AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY RISKS, DATA LOSS, DATA CORRUPTION, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED INCOME OR BENEFITS. WHERE YOU USE THE SERVICE AS AN AUTHORIZED USER OF AN ENTERPRISE CUSTOMER, THE WARRANTIES THAT WE GIVE THAT CUSTOMER ARE SET OUT IN ITS ANOMITY SERVICE AGREEMENT.

15.2. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION TO THE SERVICE AND ITS CONTENT (INCLUDING TELEMETRY DATA, FINDINGS AND OTHER CUSTOMER DATA), YOUR ACCOUNT, THE THIRD-PARTY SERVICES, ANY INTERACTION RELATED TO THE SERVICE AND ANY INTERFACE BETWEEN YOU AND THE SERVICE. NOTWITHSTANDING ANYTHING OTHERWISE SET FORTH ABOVE, WE AND OUR STAFF HAVE NO LIABILITY FOR ANY DIRECT DAMAGES RESULTING FROM YOUR UNACCEPTABLE USE OF THE SERVICE.

15.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT OR FRAUD, THE TOTAL AND AGGREGATE LIABILITY OF ANOMITY AND ITS STAFF, FOR ANY AND ALL DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE AND ITS CONTENT (INCLUDING TELEMETRY DATA, FINDINGS AND OTHER CUSTOMER DATA), YOUR ACCOUNT, THE THIRD-PARTY SERVICES, ANY INTERACTION RELATED TO THE SERVICE AND ANY INTERFACE BETWEEN YOU AND THE SERVICE, SHALL BE LIMITED TO THE FEES YOU OR YOUR CUSTOMER PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM, OR, WHERE NO FEES HAVE BEEN PAID, US $100. AS BETWEEN ANOMITY AND AN ENTERPRISE CUSTOMER, LIABILITY IS GOVERNED SOLELY BY THE ANOMITY SERVICE AGREEMENT.

16. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Anomity and its Staff from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from or in connection with your use and access to the Service in violation of any term of these Terms, including any claim brought by an individual associated with a Managed Device alleging unlawful surveillance, monitoring, or processing of personal data attributable to your or your organization’s installation, configuration, or operation of the Sensors.

17. Choice of Law

Where you access the Service as an Authorized User of an Enterprise Customer, these Terms are governed by the laws, and disputes arising out of or in connection with them are subject to the exclusive jurisdiction of the courts, that apply to that Customer under Section 11 of the Anomity Service Agreement. In all other cases, these Terms are governed by the laws of the State of Delaware, and disputes are subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, except that if you are located in Israel, these Terms are governed by the laws of the State of Israel and disputes are subject to the exclusive jurisdiction of the competent courts in Tel Aviv-Jaffa. Conflicts-of-law principles do not apply.

18. General

18.1. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements regarding the Service. Where you are an Authorized User of an Enterprise Customer, the Anomity Service Agreement and Anomity Data Processing Addendum applicable to that Customer further govern that Customer’s and its Authorized Users’ use of the Service.

18.2. These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and us, other than that of two independent contractual parties.

18.3. Failure on our part to demand the performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

18.4. You may not assign or delegate these Terms or any of your rights, performances, duties, or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. You hereby acknowledge and agree that Anomity may subcontract the performance of its obligations under these Terms, provided that such subcontracting will not release Anomity from its obligations under these Terms. In the event of a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.

18.5. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

19. Changes to these Terms

We may amend the Terms from time to time. In such cases, we will notify you of the amended Terms, through email, the Service, or our website. If you do not accept the amended Terms, you should immediately stop using the Service and email us at [email protected]. In such case, we may terminate your account and remove your Customer Data and Service Data, subject to applicable retention obligations under the Anomity Service Agreement and the Anomity Data Processing Addendum. Continuing to use the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. Amendments to these Terms do not modify an Enterprise Customer’s Service Agreement, Order Form, or Data Processing Addendum. The latest version of the Terms will be accessible on our website at https://anomity.ai/legal/terms-of-service/.