Terms and Conditions

Welcome to www.ceburu.com and any related websites, subdomains, and online properties operated by Ceburu Systems, Inc. (collectively, the "Site"). The Site is owned and operated by Ceburu Systems, Inc. ("Ceburu," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Site.

By accessing or using the Site, you agree to be legally bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Site.

You represent that you are at least the age of majority in your jurisdiction and have the legal capacity to enter into these Terms. If you are using the Site on behalf of an entity (such as your employer), you represent that you have authority to bind that entity, and "you" in these Terms refers to both you personally and that entity.

You and Ceburu are each a "Party" and together the "Parties."

01Relationship to Other Agreements

These Terms govern your use of the Site only. They do not govern your use of Ceburu's hosted RMM platform, agents, applications, APIs, or related services (collectively, the "Service"). Use of the Service is subject to a separate written agreement between you and Ceburu, such as our Master Subscription Agreement, an order form, an evaluation or free-trial agreement, or another mutually executed contract (each, a "Service Agreement"). If you are accessing the Service, including through a free trial, you must comply with the applicable Service Agreement.

In the event of a conflict between these Terms and a Service Agreement with respect to the Service, the Service Agreement controls.

02Ceburu Content and Limited License

The Site contains text, graphics, images, logos, photos, video, audio, software, code, documentation, and other materials (collectively, "Ceburu Content"). The Site and Ceburu Content are owned by Ceburu or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.

Subject to these Terms, Ceburu grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Ceburu Content solely for your personal or internal business purposes related to evaluating or using Ceburu's products and services. All other rights are reserved.

Except as expressly permitted, you may not (and may not permit anyone else to):

• Copy, download, reproduce, archive, modify, translate, create derivative works of, publish, distribute, sell, license, lease, rent, or otherwise commercially exploit any Ceburu Content;
• Frame, mirror, scrape, or systematically extract any part of the Site;
• Use any robot, spider, crawler, or other automated means to access the Site, except for legitimate search-engine indexing in accordance with our robots.txt;
• Reverse engineer, decompile, or disassemble any software made available through the Site, except to the extent applicable law expressly prohibits such restrictions;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notice; or
• Bypass, disable, or interfere with any access control, security, or content-protection feature of the Site.

03Trademarks

"Ceburu," the Ceburu logo, and other Ceburu names, marks, and logos are trademarks or registered trademarks of Ceburu Systems, Inc. Other names, marks, and logos appearing on the Site are the property of their respective owners. You may not use any of these marks without prior written permission of the owner.

04Acceptable Use

You agree not to use the Site to:

• Violate any applicable law, regulation, or third-party right;
• Upload or transmit any content that is unlawful, defamatory, harassing, obscene, infringing, or otherwise objectionable;
• Upload or transmit any virus, worm, trojan, ransomware, or other malicious code;
• Probe, scan, or test the vulnerability of the Site or any related system, or breach or circumvent any security or authentication measure, except as expressly authorized by Ceburu in writing or pursuant to a published responsible-disclosure or bug-bounty policy;
• Interfere with or disrupt the Site or its servers, networks, or infrastructure (including by denial-of-service activity);
• Impersonate any person or entity or misrepresent your affiliation;
• Use the Site to send unsolicited communications, promotions, or advertising, or to harvest contact information; or
• Use any Ceburu Content, output, screenshot, or data to train, fine-tune, or develop a competing product, machine-learning model, or generative-AI system without Ceburu's prior written consent.

Ceburu may, but is not obligated to, monitor use of the Site and may investigate and take legal or technical action against any suspected violation, including suspending or terminating access.

05AI Features and Outputs

The Site may include features that use artificial intelligence or machine learning, such as chat assistants, content suggestions, summaries, or search. Outputs from AI features ("AI Output") are generated automatically and may be inaccurate, incomplete, biased, or out of date. You are responsible for evaluating AI Output before relying on it and should not treat AI Output as professional advice (legal, financial, medical, or otherwise).

You may not use the Site or any AI Output to (a) train, fine-tune, or evaluate any machine-learning model intended to compete with Ceburu, (b) generate content that violates Section 4, or (c) make automated decisions producing legal or similarly significant effects on individuals without appropriate human review and disclosures required by law.

Ceburu does not guarantee that AI Output is unique to you, and similar or identical Output may be generated for other users.

06Account Registration

Some features of the Site (such as the customer portal, free-trial signup, or webinar registration) require you to create an account or provide registration information. You agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your information;
• Keep your credentials confidential and not share them with anyone; and
• Notify Ceburu promptly at legal@ceburu.com of any suspected unauthorized use of your account.

You are responsible for all activity that occurs under your account, whether authorized or not.

07User Submissions and Feedback

If you submit content, suggestions, ideas, or feedback to Ceburu through the Site (including comments, survey responses, support tickets, or feedback forms) ("Submissions"), you grant Ceburu a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, copy, modify, distribute, display, and otherwise exploit the Submission for any lawful purpose, including improving Ceburu's products and services, without compensation or attribution.

You represent that you have all rights necessary to grant this license and that your Submission does not infringe or violate any third-party right or applicable law.

08Third-Party Services and Links

The Site may contain links to, or be integrated with, third-party websites, services, products, or content ("Third-Party Services") that Ceburu does not control. Ceburu provides these links and integrations as a convenience and is not responsible for, and makes no representations or warranties about, any Third-Party Service. Your use of any Third-Party Service is at your own risk and is governed by the terms and privacy practices of the applicable third party.

09Privacy

Our collection, use, and disclosure of personal information through the Site is described in our Privacy Policy. By using the Site, you acknowledge that you have read and understood the Privacy Policy.

10Beta, Trial, and Preview Offerings

From time to time, Ceburu may make beta, trial, evaluation, preview, or "early access" features available through the Site (collectively, "Beta Features"). Beta Features are provided for evaluation only, may be discontinued at any time, and are offered "AS IS" without any warranty, support, service-level commitment, or indemnity. Your use of any Beta Feature is at your own risk and is governed by any additional terms presented at the time of access.

11Compliance with Laws; Export and Sanctions

You represent and warrant that, in connection with your use of the Site, you will comply with all applicable laws, rules, regulations, and orders ("Applicable Laws"). Without limiting the foregoing, you will:

• Comply with anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010;
• Comply with all applicable export-control and economic-sanctions laws and regulations, including those administered by the U.S. Department of Commerce (Bureau of Industry and Security), the U.S. Department of the Treasury (Office of Foreign Assets Control), the European Union, and the United Kingdom ("Trade Laws"); and
• Not directly or indirectly export, re-export, transfer, or otherwise make available any Ceburu software, content, or services to (i) any country, region, or person subject to comprehensive U.S. or other applicable sanctions, or (ii) any person on a restricted-party list under Trade Laws.

You represent that you are not a person located in, organized under the laws of, or ordinarily resident in any sanctioned country or region, and that you are not on any restricted-party list.

12Global Availability

The Site is operated by Ceburu from its offices in the United States. We make no representation that the Site or its content is appropriate or available for use in all locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Ceburu and its affiliates, and their respective officers, directors, employees, contractors, and agents (the "Indemnified Parties"), from and against any third-party claims, suits, actions, demands, damages, losses, liabilities, judgments, settlements, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to (a) your use of or access to the Site; (b) your breach of these Terms or any policy referenced in them; (c) your violation of any Applicable Law or third-party right; (d) any Submission you provide; or (e) any content you upload, transmit, or otherwise make available through the Site.

Ceburu may, at its option, assume exclusive control of the defense and settlement of any matter for which you are required to indemnify, and you will cooperate as reasonably requested. You may not settle any matter without Ceburu's prior written consent.

14Disclaimers

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15Limitation of Liability

The exclusions and limitations in this Section apply whether the alleged liability is based on contract, tort (including negligence), strict liability, statute, or any other theory. Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you. In such jurisdictions, the liability of the Ceburu Parties is limited to the maximum extent permitted by law.

16Suspension and Termination

Ceburu may suspend, restrict, or terminate your access to all or part of the Site at any time, with or without notice, including if Ceburu reasonably believes that you have violated these Terms or Applicable Law, or that suspension is necessary to protect the rights, safety, security, or property of Ceburu, its customers, or third parties.

Upon termination, the rights granted to you under these Terms cease immediately. Sections that by their nature should survive termination will survive (including Sections 2, 3, 7, 11, 13, 14, 15, 19, and 22).

17DMCA Notice and Counter-Notice

Ceburu respects the intellectual property rights of others. If you believe that material on the Site infringes your copyright, please send a notice in compliance with the Digital Millennium Copyright Act ("DMCA") to our designated copyright agent that includes:

• Identification of the copyrighted work claimed to be infringed (or, if multiple works, a representative list);
• Identification of the allegedly infringing material and information sufficient to locate it (such as a URL);
• Your contact information (name, address, phone number, and email);
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and
• Your physical or electronic signature.

Counter-notices may be submitted in accordance with 17 U.S.C. §512(g). Ceburu may, in appropriate circumstances, terminate the access of users who are repeat infringers.

18Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of California, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 19 (Arbitration), any judicial action permitted under Section 19 will be brought exclusively in the state or federal courts located in Alameda County, California, and the Parties consent to personal jurisdiction and venue in those courts.

19Binding Arbitration and Class-Action Waiver

19.1 Informal Resolution

Before initiating any arbitration or legal action, you and Ceburu agree to attempt to resolve any dispute informally for at least sixty (60) days. To start, you must send a written notice describing the dispute and the relief sought to legal@ceburu.com. If the dispute is not resolved within that 60-day period, either Party may proceed to arbitration.

19.2 Agreement to Arbitrate

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Site (a "Dispute") will be resolved exclusively through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, for claims exceeding US$250,000, the JAMS Comprehensive Arbitration Rules). Arbitration will be conducted by a single arbitrator. The seat of arbitration will be San Francisco, California, USA, and proceedings may be conducted in person, by telephone, or by videoconference. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

19.3 Exceptions

Either Party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either Party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights, confidentiality obligations, or Section 4 (Acceptable Use).

19.4 Class-Action Waiver

19.5 Jury Trial Waiver

19.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@ceburu.com within thirty (30) days after first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

20U.S. Government End Users

The Site and Ceburu Content are "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" as those terms are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. Use, duplication, and disclosure by U.S. Government end users are subject to these Terms.

21Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following notice: Ceburu does not currently charge any fees for access to the Site. If you have a question or complaint about the Site, please contact Ceburu at: Ceburu Systems, Inc., Attn: Legal, 4695 Chabot Drive, Pleasanton, CA 94588, USA, or by phone at +1 (954) 669-1143. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. Material changes will be communicated through a notice on the Site or by another reasonable means. Your continued use of the Site after the effective date of any update constitutes acceptance of the updated Terms.

23Electronic Communications

You consent to receive communications from Ceburu electronically, including by email and by notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that they be in writing.

24Miscellaneous

• Entire Agreement. These Terms (together with the Privacy Policy and any policies referenced in them) constitute the entire agreement between the Parties regarding the Site and supersede all prior or contemporaneous communications and proposals on the subject.
• No Waiver. Failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• Assignment. You may not assign or transfer these Terms or any rights or obligations under them without Ceburu's prior written consent. Ceburu may assign these Terms freely. Any attempted assignment in violation of this provision is void.
• Force Majeure. Ceburu is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or utility outages, denial-of-service attacks, or pandemics.
• No Agency. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between the Parties.
• Headings. Section headings are for reference only and do not affect interpretation.
• Translations. Non-English translations are provided for convenience only. In the event of a conflict, the English version controls.
• Admissibility. A printed version of these Terms and any electronic notice will be admissible in judicial or administrative proceedings to the same extent as other business records originally maintained in printed form.

25Contact Us

Questions about these Terms should be directed to: