Terms of Service

Last updated: January 27, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and EverKube Inc. ("Company," "we," "our," or "us") regarding your use of NexRisx and related services (the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

2. Description of Service

NexRisx is an AI-powered vulnerability management platform that helps organizations identify, prioritize, and remediate security vulnerabilities. Our Service includes natural language interfaces, contextual intelligence, automated workflows, and comprehensive tracking capabilities.

3. User Accounts and Registration

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • You must be at least 18 years old to use our Service
  • One person or legal entity may not maintain more than one account

4. Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Upload malicious code, viruses, or harmful content
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to compete with us or develop competing products

5. Data and Content

5.1 Your Data

You retain ownership of all data, content, and information you upload to or create using our Service ("Your Data"). You grant us a limited license to use Your Data solely to provide the Service to you.

5.2 Data Security

We implement industry-standard security measures to protect Your Data. However, you acknowledge that no method of transmission or storage is 100% secure, and you use the Service at your own risk.

5.3 Data Backup

You are responsible for maintaining backups of Your Data. We are not liable for any loss or corruption of Your Data.

6. Subscription and Payment

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We may change our pricing with 30 days' notice
  • Failure to pay may result in suspension or termination of your account
  • All prices are in Canadian dollars unless otherwise specified

7. Intellectual Property

The Service, including all software, algorithms, designs, and content (excluding Your Data), is owned by EverKube Inc. and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property.

8. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using our Service, you consent to the collection and use of information as described in our Privacy Policy.

9. Service Availability

We strive to maintain high availability of our Service but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or other operational reasons. We are not liable for any downtime or service interruptions.

10. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your access immediately if you violate these Terms. Upon termination, your right to use the Service ceases, and we may delete Your Data after a reasonable period.

11. Disclaimers and Limitation of Liability

11.1 Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

12. Indemnification

You agree to indemnify and hold harmless EverKube Inc. from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Ontario, Canada. Any disputes shall be resolved through binding arbitration in Ontario, Canada, except that either party may seek injunctive relief in court.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use after such changes constitutes acceptance of the modified Terms.

15. Contact Information

If you have questions about these Terms, please contact us:

EverKube Inc.

Email: info@nexrisx.com

Address: Ontario, Canada