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Legal

Service Agreement

Last updated June 21, 2026

Draft for review. This template is populated with Artiphishell’s details but is not yet reviewed by counsel and is not binding. It must be reviewed and finalized by counsel — and a Data Processing Addendum attached — before it is used with any customer.

This Service Agreement (the “Agreement”) governs access to and use of the Artiphishell platform and related services (the “Service”) provided by Artiphishell, Inc., a Delaware corporation (“Artiphishell,” “we,” or “us”). It is separate from our website Terms of Use. By signing an Order Form that references this Agreement, or by accessing the Service, the customer (“Customer” or “you”) agrees to these terms.

Key terms

  • Provider: Artiphishell, Inc. (a Delaware corporation), 126 E Haley St, A-17, Santa Barbara, CA 93101
  • Customer: the entity identified on the Order Form
  • Effective date: the Order Form date
  • Subscription / scope: as described in the applicable Order Form
  • Fees: as set out in the applicable Order Form
  • Subscription term: 12 months from the effective date, automatically renewing for successive 12-month terms unless either party gives notice of non-renewal
  • Governing law: State of Delaware, USA

1. Access and use rights

Subject to this Agreement and payment of applicable fees, we grant Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term for Customer’s internal business purposes. We retain all rights not expressly granted.

2. Acceptable use and restrictions

Customer will not: (a) resell or provide the Service to third parties except as permitted; (b) reverse engineer or attempt to derive source code, except as permitted by law; (c) use the Service to test or attack systems Customer is not authorized to assess; (d) introduce malware or interfere with the Service; or (e) exceed the scope of the subscription. Because the Service is a security tool, Customer is solely responsible for ensuring it has authorization to assess any target system.

3. Customer data and security

Customer retains ownership of data it submits to the Service (“Customer Data”). We process Customer Data only to provide and secure the Service, as described in our Privacy Policy and the Data Processing Addendum we make available on request, which governs subprocessors, security measures, and breach notification.

4. Fees and payment

Customer will pay the fees set out in the Order Form. Unless the Order Form states otherwise, invoices are due within 30 days of the invoice date, and fees are exclusive of taxes, which Customer is responsible for. Except as required by law or expressly stated, fees are non-refundable.

5. Term and termination

This Agreement begins on the effective date and continues for the subscription term. Either party may terminate for the other’s material breach on 30 days’ written notice if the breach remains uncured at the end of that period. On termination, access ends and each party returns or deletes the other’s confidential information, subject to retention required by law.

6. Confidentiality

Each party will protect the other’s confidential information with reasonable care and use it only to perform under this Agreement. These obligations do not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is rightfully received from a third party, and they survive termination.

7. Intellectual property

We and our licensors own the Service and all related intellectual property. Customer owns Customer Data. Feedback Customer provides may be used by us without restriction.

8. Warranties and disclaimers

We will provide the Service in a professional manner. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND EACH PARTY’S TOTAL LIABILITY IS CAPPED AT THE FEES CUSTOMER PAID IN THE 12 MONTHS BEFORE THE CLAIM. These limits do not apply to breaches of confidentiality, infringement of intellectual property, indemnification obligations, or a party’s breach of its data-security commitments.

10. Indemnification

Each party will defend and indemnify the other against third-party claims arising from its breach of this Agreement, and we will defend Customer against third-party claims that the Service, as provided, infringes intellectual-property rights — in each case subject to the limitations in Section 9.

11. Governing law and disputes

This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute, and each party consents to that venue.

12. General

This Agreement, together with any Order Form and Data Processing Addendum, is the entire agreement between the parties on its subject matter. We may update it on reasonable notice; material changes apply at the next renewal. Neither party may assign it without consent, except in a merger or sale of substantially all assets.

Contact

Questions about this Agreement? Email legal@artiphishell.com.