These Terms of Service ("Terms") form a binding agreement between Orkexto, based in Houston, Texas ("Orkexto," "we," "us," or "our"), and the entity or person agreeing to these Terms ("Customer," "you," or "your"), governing your access to and use of the Orkexto AI security orchestration and governance platform, including all associated websites, applications, APIs, and services (collectively, the "Service").
By creating an account, clicking "I agree," or otherwise accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.
1. Eligibility and Account Registration
1.1 The Service is intended for business and organizational use only, not for personal, family, or household use. You must be at least 18 years old and have the authority to enter into a binding contract on behalf of your organization.
1.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly at support@orkexto.com of any unauthorized access.
1.3 You are responsible for the accuracy of the information you provide during registration and for keeping it current.
2. Description of the Service
2.1 Orkexto is an AI-agent-driven platform that connects to security tools you already operate (including, without limitation, SIEM, EDR, cloud infrastructure, vulnerability scanners, identity providers, and ticketing systems) via read-only or narrowly-scoped credentials you authorize, and provides correlation, prioritization, governance/coverage analysis, and remediation recommendations.
2.2 The Service operates on a tiered autonomy model — Read, Propose, and Act — as described in our product documentation. Unless you affirmatively configure a specific action type to operate in Act mode, all remediation actions are recommendations only and require your explicit approval before any change is made to your systems. You are solely responsible for reviewing and approving any action before it is taken, and for any action type you elect to graduate to Act mode.
2.3 We may modify, suspend, or discontinue any part of the Service, including specific features or connector integrations, at any time, with reasonable notice where practicable.
3. Subscription, Fees, and Billing
3.1 The Starter plan is provided free of charge, subject to the connector, monitored-asset and processing limits published on our pricing page. Professional and Enterprise plans require a paid subscription, billed according to the plan selected and processed through our third-party payment processor (Stripe). We may change the limits of the free plan, or discontinue it, on 30 days' notice under Section 16.5.
3.2 Fees are billed in advance on a recurring basis (monthly or annual, as selected) and, except as required by law or expressly stated otherwise, are non-refundable.
3.3 Subscriptions automatically renew at the end of each billing period unless canceled prior to renewal through your account settings or by written notice to support@orkexto.com.
3.4 We may change our fees with at least 30 days' notice before the change takes effect for existing subscriptions.
3.5 If payment fails and is not cured within a reasonable cure period after notice, we may suspend access to the Service. We will not delete your underlying risk/findings data during a billing dispute; suspension is limited to write actions and new report generation, consistent with our product design principles.
4. Access to Customer Infrastructure
4.1 You will grant Orkexto access to your third-party tools and infrastructure ("Connected Systems") solely by configuring the scoped credentials, IAM roles, or API keys presented during connector setup. You are responsible for ensuring that the scope of access you grant is appropriate and that you have the authority to grant it (including, where applicable, the consent of any third party whose systems or data may be incidentally accessible).
4.2 Orkexto will access Connected Systems only to the extent necessary to provide the Service and in accordance with the scopes you authorize. You may revoke access to any Connected System at any time through your account settings or directly within the third-party system's own access controls.
4.3 You acknowledge that Orkexto's monitoring, correlation, and recommendation capabilities are not a guarantee that all security threats, vulnerabilities, misconfigurations, or compliance gaps in your environment will be identified. The Service is a tool to assist your security program, not a replacement for it. See the Disclaimers document for further detail.
4.4 If you elect to enable Act-mode automation for any action type, you are solely responsible for the rollback plan you define, for testing the automation in a manner appropriate to your environment, and for any consequences of the automated action, except to the extent caused by Orkexto's gross negligence or willful misconduct.
5. Customer Data
5.1 "Customer Data" means any data, findings, configuration information, or content ingested from your Connected Systems or otherwise submitted to the Service by you.
5.2 As between the parties, you retain all right, title, and interest in Customer Data. You grant Orkexto a limited, non-exclusive license to access, process, store, and analyze Customer Data solely to provide, maintain, and improve the Service, including through AI models as described in our Privacy Policy.
5.3 We will not use Customer Data to train foundation models on behalf of, or for the benefit of, any third party outside your organization, and will not sell Customer Data. See the Privacy Policy for full detail on data handling, subprocessors, and retention.
5.4 Upon termination, we will make Customer Data available for export for a period of 30 days, after which it will be deleted in accordance with our data retention schedule, except as required for legal, audit, or compliance retention obligations (see the Privacy Policy retention provisions).
6. Acceptable Use
You will not, and will not permit any third party to:
(a) use the Service to access, scan, or take action against any systems or infrastructure you are not authorized to access;
(b) use the Service to build a competing product or for benchmarking without our prior written consent;
(c) attempt to reverse-engineer, decompile, or extract the underlying models, prompts, or algorithms of the Service;
(d) interfere with or disrupt the integrity or performance of the Service;
(e) use the Service in violation of any applicable law, including export control and sanctions laws; or
(f) use the Service to store or process data you do not have the legal right to process.
7. Intellectual Property
7.1 Orkexto retains all right, title, and interest in and to the Service, including all software, models, agent logic, documentation, and trademarks, excluding Customer Data.
7.2 We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term, solely for your internal business purposes and in accordance with these Terms.
7.3 Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or compensation to you.
8. AI-Generated Content
8.1 The Service uses artificial intelligence, including large language models provided by third parties (including Anthropic and OpenAI, as described in our Privacy Policy), to generate findings, correlations, risk scores, and remediation recommendations ("AI Output").
8.2 AI Output may contain errors, omissions, or inaccuracies and should be independently reviewed by qualified personnel before being relied upon, particularly before any remediation action is approved or executed. AI Output does not constitute professional security, legal, or compliance advice. See the Disclaimers document for additional detail.
9. Confidentiality
9.1 Each party may have access to non-public information of the other party ("Confidential Information"). Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses for its own confidential information of similar nature, and not less than reasonable care.
9.2 Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known prior to disclosure, or is independently developed without use of the disclosing party's Confidential Information.
9.3 This Section survives termination of these Terms.
10. Security and Compliance
10.1 We maintain administrative, technical, and physical safeguards designed to protect Customer Data, as described in the Privacy Policy.
10.2 Any statements regarding pursuit of, or alignment with, security certifications or frameworks (including SOC 2) describe a certification process in progress and do not constitute a representation that certification has been obtained, unless and until we state otherwise in writing.
11. Warranties and Disclaimers
11.1 Each party represents that it has the legal authority to enter into these Terms.
11.2 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL DETECT, PREVENT, OR REMEDIATE ALL SECURITY VULNERABILITIES, THREATS, OR INCIDENTS. See the Disclaimers document for further detail specific to security-monitoring limitations.
12. Limitation of Liability
12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 EXCEPT FOR BREACH OF CONFIDENTIALITY, INDEMNIFICATION OBLIGATIONS, AND GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO ORKEXTO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 The limitations in this Section reflect an agreed allocation of risk between the parties given the nature of the Service as an assistive security tool, not a guarantee of security outcomes, and are a fundamental basis of the bargain.
13. Indemnification
13.1 You will indemnify, defend, and hold harmless Orkexto from any third-party claim arising out of: (a) your breach of these Terms; (b) your unauthorized or unlawful use of the Service; (c) Customer Data; or (d) your violation of any applicable law.
13.2 We will indemnify, defend, and hold harmless Customer from any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes such third party's U.S. intellectual property rights, subject to standard exclusions for modified use, combination with non-Orkexto products, or continued use after notice of infringement.
14. Term and Termination
14.1 These Terms remain in effect for as long as you maintain an active subscription or account.
14.2 Either party may terminate for the other party's material breach if not cured within 30 days of written notice.
14.3 We may suspend or terminate your access immediately if you violate Section 6 (Acceptable Use) or if required to comply with law.
14.4 Sections 5.4, 7, 9, 11, 12, 13, and 15 survive termination.
15. Governing Law and Dispute Resolution
15.1 These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles.
15.2 The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas, for any dispute arising out of or relating to these Terms, except as otherwise required by applicable consumer-protection law.
16. Miscellaneous
16.1 Force Majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
16.2 Assignment. You may not assign these Terms without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets. We may assign these Terms in connection with a similar transaction.
16.3 Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.
16.4 Entire Agreement. These Terms, together with the Privacy Policy, Disclaimers, and any order form or master service agreement executed by the parties, constitute the entire agreement between the parties regarding the Service.
16.5 Changes to These Terms. We may update these Terms from time to time. Material changes will be notified via the Service or email at least 30 days before taking effect for existing Customers; continued use after that date constitutes acceptance.
16.6 Notices. Legal notices to Orkexto should be sent to legal@orkexto.com.
Contact
Orkexto, Houston, Texas.