Terms of service.

1. Acceptance And Scope

These Terms of Service govern access to and use of the TrustEvals website, platform, scorecards, diagnostics, resources, reports, APIs, software, documentation, and professional services made available by DataFortress, Inc. ("DataFortress," "TrustEvals," "we," "us," or "our").

If you access the website, create an account, submit information through a TrustEvals form, use a TrustEvals product, or receive services under an order form, statement of work, pilot, or similar written arrangement, you agree to these Terms on behalf of yourself or the organization you represent.

If a signed order form, master services agreement, data processing addendum, statement of work, or other written agreement between your organization and DataFortress conflicts with these Terms, that written agreement controls for the conflicting subject matter.

2. TrustEvals Services

TrustEvals provides an AI evaluation, adoption, governance, and assurance platform for enterprises, with related implementation and advisory services. The current public service surface includes the AI Audit, AI Transformation, AI Governance, AI Fluency, AI Engineering, AI Evals, scorecards, diagnostics, compliance mapping, and related resources described on the website.

Our services may include AI inventory, Shadow AI and embedded AI discovery, internal-agent evaluation, runtime monitoring, adoption and ROI measurement, eval-set design, red-team workflows, framework-mapped evidence, implementation support, training, reports, recommendations, and other deliverables agreed in writing.

TrustEvals outputs are decision-support tools. They do not replace your own business judgment, legal counsel, compliance advisors, auditors, security reviewers, financial advisors, or regulator-facing obligations.

3. Accounts, Users, And Customer Responsibilities

You are responsible for maintaining accurate account information, protecting credentials, managing your authorized users, and all activity under your account or environment.

You will obtain and maintain all rights, notices, consents, permissions, and internal approvals required for DataFortress to provide the services, including rights to process logs, traces, prompts, outputs, documents, workflow data, systems data, employee usage data, or other materials you provide or connect.

You are responsible for deciding which systems, datasets, users, vendors, workflows, and AI use cases are in scope for an engagement, unless the parties agree otherwise in writing.

4. Customer Data And Confidentiality

As between you and DataFortress, you retain ownership of Customer Data. "Customer Data" means data, prompts, outputs, logs, traces, documents, systems information, business information, or other materials submitted to, connected with, or generated from your use of the services, excluding TrustEvals technology and DataFortress materials.

You grant DataFortress the rights needed to host, process, transmit, display, analyze, and otherwise use Customer Data solely to provide, secure, support, improve, and maintain the services, comply with law, and fulfill our contractual obligations.

Unless otherwise agreed in writing, DataFortress does not use Customer Data to train third-party foundation models or to create datasets for other customers. We may use aggregated or de-identified information to operate, secure, benchmark, and improve the services, provided it does not identify you or disclose your Confidential Information.

Each party will protect the other party's non-public information using reasonable care and will use it only for purposes related to these Terms or the applicable written agreement.

5. Privacy, Security, And Data Handling

Use of the website and services is also governed by our Privacy Policy and, where applicable, any signed data processing addendum or security exhibit.

DataFortress will maintain administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, loss, misuse, or disclosure. Specific controls, hosting choices, tenant isolation commitments, retention periods, and security review obligations may be set out in the applicable order form or written agreement.

You will not submit regulated, sensitive, or special-category data unless the applicable written agreement authorizes that data type and the parties have agreed to the controls required for that use.

6. Access Rights And Restrictions

Subject to these Terms and any applicable written agreement, DataFortress grants you a limited, non-exclusive, non-transferable, revocable right to access and use the services for your internal business purposes during the applicable term.

You will not copy, modify, reverse engineer, decompile, disassemble, scrape, resell, sublicense, benchmark for publication, or create derivative works of the services, except to the extent applicable law prohibits this restriction.

You will not use the services to violate law, infringe rights, transmit malware, attempt unauthorized access, disrupt service integrity, bypass security controls, test vulnerabilities without permission, or use TrustEvals outputs to make unlawful or discriminatory decisions.

7. Intellectual Property, Deliverables, And Feedback

DataFortress and its licensors retain all rights in the website, platform, software, documentation, models, evaluators, scoring methods, templates, playbooks, methodologies, workflows, user interfaces, designs, schemas, know-how, and other DataFortress materials.

Unless otherwise stated in a signed agreement, you may use reports, memoranda, scorecards, evidence packs, implementation artifacts, and other deliverables we create for you for your internal business purposes. DataFortress retains ownership of its pre-existing materials, reusable methods, tools, templates, and generalized know-how.

If you provide comments, suggestions, ideas, or other feedback, DataFortress may use that feedback without restriction or compensation, provided we do not disclose your Confidential Information.

8. Third-Party Services And Integrations

The services may connect with third-party products, AI providers, identity providers, cloud services, databases, observability tools, ticketing systems, communication platforms, data warehouses, or customer-managed infrastructure.

Third-party products are governed by their own terms and privacy practices. DataFortress is not responsible for third-party products, changes to third-party APIs, or your configuration of third-party systems.

9. Fees, Trials, And Payment

Fees, payment terms, invoicing, taxes, usage limits, renewal terms, and cancellation terms are set out in the applicable order form, statement of work, proposal, or other written agreement.

Trials, pilots, betas, previews, diagnostics, or free services may be limited, changed, suspended, or discontinued at any time. Unless a written agreement says otherwise, trial, beta, and preview services are provided as-is and without service-level commitments.

10. Publicity

DataFortress will not use your name, logo, trademarks, or non-public engagement details in public marketing, press, case studies, or customer references without your prior written consent.

You may not use the DataFortress or TrustEvals name, logo, trademarks, or materials in public statements without our prior written consent, except for truthful internal references to the services.

11. Changes, Suspension, And Availability

We may modify, update, or discontinue parts of the website or services from time to time. We will not materially reduce paid services during an active term unless permitted by the applicable written agreement or required for security, legal, or operational reasons.

We may suspend access if we reasonably believe there is unlawful use, security risk, non-payment, breach of these Terms, or activity that could harm DataFortress, the services, other customers, or third parties.

12. Term And Termination

These Terms apply while you access the website or services. Paid subscriptions, services engagements, and order forms run for the term stated in the applicable written agreement.

Either party may terminate rights under these Terms or an applicable order form as stated in the written agreement. Upon termination, your access to the services ends, but provisions that by their nature should survive will survive, including payment obligations, confidentiality, intellectual property, restrictions, disclaimers, liability limits, indemnity, and general provisions.

13. Disclaimers

Except as expressly stated in a signed written agreement, the website, content, services, trials, betas, previews, outputs, and recommendations are provided "as is" and "as available."

To the maximum extent permitted by law, DataFortress disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, accuracy, and error-free performance.

AI systems, vendors, models, prompts, data sources, and enterprise workflows change over time. TrustEvals can help measure and evidence behavior, but we do not guarantee that any AI system, workflow, model, report, or customer decision will be error-free, compliant, accepted by a regulator, or suitable for every use case.

14. Indemnification

You will defend, indemnify, and hold harmless DataFortress and its officers, directors, employees, contractors, affiliates, and agents from claims, losses, damages, liabilities, costs, and expenses arising from your Customer Data, your misuse of the services, your violation of law, your breach of these Terms, or your infringement of third-party rights.

DataFortress will provide reasonable notice of any claim subject to indemnification and may participate in the defense with counsel of its choice. You may not settle a claim in a way that imposes obligations on DataFortress without our prior written consent.

15. Limitation Of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, data, or business interruption, even if advised of the possibility of those damages.

Except for amounts owed, confidentiality breaches, infringement or misuse of intellectual property, indemnification obligations, or liability that cannot be limited by law, each party's total liability arising out of or related to these Terms or the services will not exceed the amounts paid or payable to DataFortress for the applicable services during the twelve months before the event giving rise to the claim.

16. Governing Law And Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.

Unless a signed written agreement says otherwise, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware for disputes arising out of or related to these Terms or the services.

17. General

You may not assign these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. DataFortress may assign these Terms on the same basis or to an affiliate.

If any provision is unenforceable, the remaining provisions remain in effect. A party's failure to enforce a provision is not a waiver. These Terms, together with any applicable written agreement, form the entire agreement for their subject matter.

We may update these Terms from time to time by posting a revised version. The updated Terms apply to website use immediately upon posting and to paid services at renewal or as otherwise stated in the applicable written agreement. For questions, contact legal@trustevals.ai.