Terms of Service

1. Acceptance of Terms

By accessing trenchantcyber.com or using any Trenchant Cyber LLC product or service, you agree to be bound by these Terms of Service and our Privacy Policy. 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.

2. Software License

Subject to these terms and payment of applicable fees, Trenchant Cyber LLC grants you a non-exclusive, non-transferable license to use our platform software solely for your internal business operations. You may not sublicense, resell, or distribute the software without express written consent.

3. Acceptable Use

You agree not to use the platform to:

• Violate any applicable law or regulation.
• Develop offensive cyber weapons or conduct unauthorized security testing against third-party systems.
• Process data you do not have the right to process.
• Attempt to reverse-engineer, decompile, or extract source code from the software.
• Use the Agentic Firewall to conduct offensive operations against networks or systems you do not own or have explicit authorization to test.

4. Data Ownership & Handling

You retain full ownership of all data you process through the Trenchant Cyber platform. We do not access, copy, train on, or transmit your operational data. You are responsible for ensuring your use of the platform complies with all applicable data protection laws, including HIPAA (where PHI is involved) and GDPR (where EU personal data is processed).

5. Intellectual Property

Trenchant Cyber LLC retains all intellectual property rights in the platform software, documentation, and associated materials. Open-weight foundation models deployed as part of your installation are governed by their respective upstream licenses. Customer-specific fine-tuned weights are owned by the customer.

6. Service Levels & Warranties

Service level commitments are defined in individual Order Forms or MSAs. THE PLATFORM IS PROVIDED "AS IS" TO THE EXTENT PERMITTED BY LAW. Trenchant Cyber LLC does not warrant that the platform will be error-free, that all threats will be detected or blocked, or that the platform will operate without interruption. Performance figures on this website are based on internal or reference deployment testing and are not guaranteed service levels.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRENCHANT CYBER LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF DATA, SECURITY BREACHES, REGULATORY FINES, BUSINESS INTERRUPTION, OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE TRENCHANT CYBER PLATFORM, THE AGENTIC FIREWALL, OR ANY RELATED SERVICES, EVEN IF TRENCHANT CYBER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRENCHANT CYBER LLC'S TOTAL LIABILITY TO YOU EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify and hold harmless Trenchant Cyber LLC and its officers, directors, and employees from any claims, damages, or expenses (including reasonable attorney fees) arising from your use of the platform in violation of these terms or any applicable law.

9. Governing Law & Dispute Resolution

These terms are governed by the laws of the United States and the State of [State TBD upon attorney review], without regard to conflict of law provisions. Disputes shall first be subject to good-faith negotiation, then binding arbitration under AAA Commercial Arbitration Rules, conducted in English.

10. Changes to These Terms

We may update these terms from time to time. Material changes will be communicated via email or prominent notice on this website. Continued use after notice constitutes acceptance of updated terms.

11. Contact

Legal inquiries: info@trenchantcyber.com
Trenchant Cyber LLC
United States