Terms of Service

1. Parties and Acceptance

These Terms of Service ("Terms") are entered into by and between BGSM LLC, a Georgia limited liability company ("Nexora," "we," "us," or "our"), and the individual or entity accessing or using the Nexora platform ("Customer" or "you").

By accessing or using the Services, Customer agrees to be bound by these Terms.

2. Description of Services

Nexora provides a cybersecurity monitoring and analysis platform intended to assist customers in identifying potential risks related to machine identities, non-human identities, service accounts, APIs, and automated systems.

The Services are advisory and analytical in nature and are not designed to replace customer security programs, personnel, or controls.

3. No Security Guarantee; No Insurance

Customer acknowledges and agrees that:

• Nexora does not guarantee the prevention, detection, or remediation of all security incidents.
• The Services do not constitute a warranty, guarantee, or insurance policy against security breaches, losses, or damages.
• Cybersecurity risk cannot be fully eliminated.

Customer remains solely responsible for its security architecture, policies, configurations, and decisions.

4. Artificial Intelligence and Automated Analysis

Certain features of the Services rely on automated analysis, machine learning, or artificial intelligence.

• Outputs are probabilistic and may contain inaccuracies.
• Outputs are advisory only and require human review.
• Customer agrees not to rely on automated outputs as the sole basis for legal, compliance, or security decisions.

5. Open-Source and Third-Party Data

The Services may incorporate indicators, telemetry, or intelligence derived from third-party or open-source sources.

Nexora does not independently verify all third-party data and disclaims liability arising from inaccuracies, unavailability, or misuse of such data.

6. Authorized Use

Customer represents and warrants that it has lawful authority to monitor, analyze, and submit the systems, identities, and data processed through the Services.

Customer shall not use the Services for unlawful surveillance or unauthorized monitoring.

7. Intellectual Property

All intellectual property rights in the Nexora platform, software, documentation, and related materials are owned exclusively by Nexora.

No rights are granted except as expressly stated in these Terms.

8. Fees and Payment

Fees, if any, shall be as agreed in writing between the parties. All fees are non-refundable unless expressly stated otherwise.

9. Limitation of Liability

To the maximum extent permitted by law:

• Nexora's aggregate liability shall not exceed the fees paid by Customer to Nexora in the twelve (12) months preceding the event giving rise to the claim.
• Nexora shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or business interruption.

10. Indemnification

Customer indemnifies Nexora against claims arising from:

• Customer's misuse of the Services
• Violation of law
• Customer data or configurations

Nexora indemnifies Customer against third-party claims alleging infringement of Nexora's proprietary intellectual property.

11. Export Controls and Sanctions

Customer represents compliance with applicable export control and sanctions laws, including those administered by the United States.

The Services may not be used in violation of such laws.

12. Termination

Either party may terminate these Terms upon written notice. Customer data will be retained for up to thirty (30) days following termination unless legally required otherwise or deleted earlier upon request.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Georgia, USA.

Venue shall be exclusively in Fulton County, Georgia.

Arbitration shall apply only if expressly agreed in a separate written agreement.

Class actions are waived where permitted by law.

14. Miscellaneous

These Terms constitute the entire agreement between the parties and supersede prior understandings. If any provision is held unenforceable, the remaining provisions shall remain in effect.

15. Contact Information