Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between SRM Systems, LLC (“SRM Systems,” “we,” “us,” or “our”) and the organization or individual that accesses or uses the Service (“Customer,” “you,” or “your”). “Service” means the ClickFix Guard software, browser extension, web console, APIs, and related websites and documentation.

By creating an account, deploying the extension, or otherwise using the Service, you accept these Terms and represent that you are authorized to bind your organization to them. If you do not agree, do not use the Service.

2. Definitions

“End User” means an individual whose browser the Customer enrolls in or operates under the Service. “Customer Data” means data submitted to, or generated by the Service on behalf of, the Customer, including security event metadata. “Order” means a plan selection, subscription, or purchase made through the Service.

3. The Service

ClickFix Guard is a security tool that inspects programmatic clipboard activity within enrolled web browsers to detect and, where configured, block socially-engineered “ClickFix,” “FileFix,” and similar command-injection lures. The Service includes a management console for policy, reporting, access requests, and related administration.

The Service is provided on a subscription basis and may evolve over time. We may add, change, or remove features in our reasonable discretion; we will not materially degrade the core functionality of a paid plan during a paid term without notice.

4. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your account information, for safeguarding credentials, for all activity under your account, and for configuring appropriate roles, permissions, and multi-factor authentication for your personnel. Notify us promptly of any unauthorized use.

5. Subscriptions, fees, and billing

Paid plans are billed per active protected browser (a “seat”) on a monthly or annual cycle, as described at checkout. Certain plans carry a minimum seat count. Fees are charged through our third-party payment processor; by providing payment details you authorize recurring charges.

• Auto-renewal. Subscriptions renew automatically for successive terms at the then-current rates until cancelled. You may cancel future renewals at any time; cancellation takes effect at the end of the current term.
• Usage-based seats. Seat counts are measured from enrolled browsers that are active within the applicable billing window and may be reported to the payment processor on an ongoing basis.
• Taxes. Fees are exclusive of taxes; you are responsible for all applicable taxes other than taxes on our net income.
• Price changes. We may change pricing effective upon your next renewal with reasonable prior notice.
• Non-payment. If a payment fails, we may, after a grace period, suspend enforcement features (reverting protection to audit/visibility-only) and ultimately suspend or terminate the account.
• No refunds. Except where required by law, fees are non-refundable and non-cancellable for the period already paid.

6. Free trials and the Audit plan

We may offer a free Audit plan or trial. Free tiers are provided “as is,” may carry usage limits (including a cap on protected browsers and shorter data retention), and may be modified or discontinued at any time. Audit mode provides visibility only and does not block activity.

7. Authorized deployment and end-user notice (important)

You represent and warrant that you will deploy and operate the Service only on browsers and devices that you own or are lawfully authorized to administer, and only for legitimate security purposes. The Service inspects clipboard activity initiated by websites within enrolled browsers.

You are solely responsible for determining the lawfulness of deploying the Service in your environment and for providing any notices to, and obtaining any consents from, your End Users that may be required by applicable law, regulation, workplace policy, or collective agreement (including laws governing monitoring of employees or electronic communications). You will not use the Service for unlawful surveillance or in violation of any person's privacy rights.

8. Acceptable use

You will not, and will not permit anyone to: (a) use the Service to violate any law or third-party right; (b) deploy the Service on browsers or devices you are not authorized to manage; (c) reverse engineer, decompile, or attempt to derive source code except to the extent permitted by law; (d) resell, sublicense, or provide the Service to third parties except as expressly permitted for managed-service providers under an applicable Order; (e) interfere with or circumvent the security, integrity, or rate limits of the Service; or (f) use the Service to build a competing product.

9. Customer Data and privacy

As between the parties, you own Customer Data and are responsible for it and for your End Users. You grant us a limited, non-exclusive license to host, process, and transmit Customer Data solely to provide, secure, and improve the Service and as otherwise described in our Privacy Policy. With respect to personal data of your End Users, you act as the controller (or equivalent) and we act as your service provider/processor. You represent that you have all rights and lawful bases necessary for us to process Customer Data as contemplated.

10. Third-party services

The Service integrates third-party services (for example, payment processing, email delivery, domain and threat-intelligence lookups, and automated analysis of flagged content). Those services are governed by their own terms, and we are not responsible for third-party services. Enabling an integration may transmit relevant data (such as a domain name or a flagged command) to the applicable provider.

11. Intellectual property

The Service, including all software, content, and trademarks, is and remains the exclusive property of SRM Systems and its licensors. We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service during your subscription solely for your internal business purposes. No rights are granted except as expressly stated.

12. Feedback

If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

13. Confidentiality

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and disclose it only to personnel with a need to know. This does not apply to information that is public, independently developed, or lawfully obtained without duty of confidence.

14. Disclaimers (no guarantee of protection)

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No security product is perfect. We do not warrant that the Service will detect or block all attacks, that it will be uninterrupted, timely, secure, or error-free, or that it will meet your requirements. The Service is one layer of a defense-in-depth program and is not a substitute for your own security controls, user training, and incident response. You remain responsible for your security posture.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations form an essential basis of the bargain and apply even if a remedy fails of its essential purpose.

16. Indemnification

You will defend, indemnify, and hold harmless SRM Systems and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or deployment of the Service; (b) Customer Data or your End Users; (c) your failure to provide required notices or obtain required consents; or (d) your breach of these Terms or violation of law.

17. Term, suspension, and termination

These Terms apply while you use the Service. You may stop using the Service and cancel at any time. We may suspend or terminate your access, in whole or in part, for non-payment, breach of these Terms, risk to the Service or others, or as required by law. Upon termination your right to use the Service ends. We will make Customer Data available for a limited period following termination and may delete it thereafter in accordance with our retention practices.

18. Modifications to the Service or these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new “Last updated” date or by email). Your continued use after changes take effect constitutes acceptance.

19. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to the following paragraph, the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction.

To the extent permitted by law, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, and each party waives any right to participate in a class, collective, or representative action. Either party may seek injunctive relief in court to protect its intellectual property or confidential information. [This arbitration and class-waiver provision should be reviewed and tailored by counsel for your jurisdiction before publication.]

20. Force majeure

Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, outages, denial-of-service attacks, or actions of third-party providers.

21. General

These Terms, together with any Order and our Privacy Policy, are the entire agreement between the parties and supersede prior agreements on the subject. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices to you may be provided in-product or by email; notices to us must be sent to the contact below.

22. Contact

SRM Systems, LLC
[REGISTERED MAILING ADDRESS]
Email: [email protected]