DEFENSE UNICORNS TERMS OF USE

Effective Date: Jun 20, 2025

These Terms of Use govern your access to and use of products and services provided by Defense Unicorns, Inc. (“Company,” “we,” “us,” or “our”). By registering for an account or by accessing or acquiring Defense Unicorns’ products or services (“Offerings”), you (“you”, “Customer”, or “User”) accept and agree to these Terms of Use and all other applicable terms and conditions, policies, or disclaimers found referenced in these Terms of Use (collectively, the "Terms"). If the Customer is entering into this Agreement on behalf of a company or other legal entity, the Customer represents that: (i) it has full legal authority to bind such entity to this Agreement; and (ii) after reading and understanding the Agreement, it agrees to the terms of this Agreement on behalf of the respective entity, and such terms shall bind such entity. The Customer and Defense Unicorns shall each be referred to as a “Party” and collectively as the “Parties”. Defense Unicorns encourages Customer to read these Terms of Use incorporated by reference herein, carefully.

CUSTOMER ACKNOWLEDGES THAT ONCE IT CLICKS TO ACCEPT OR OTHERWISE AGREES TO THIS AGREEMENT, IT WILL BE EFFECTIVE IMMEDIATELY, AND THE CUSTOMER AGREES ON BEHALF OF ITSELF AND ITS ORGANIZATION TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Defense Unicorns retains the right to modify these Terms of Use at any time and at its sole discretion. Should the Customer not consent to such changes, the Customer should discontinue using the Offerings. Continued use of the Offerings by the Customer following any changes to the Terms of Use will be considered acceptance of such new or modified terms.

Use of Offering.
1. Account. To access and use the Offerings, the Authorized User must provide certain information required in order for Defense Unicorns to create and administer their Account, including name, email address, and billing information (“Account Data”). Customer is responsible for maintaining the confidentiality of the Account, including any API tokens Defense Unicorns provides that enable Authorized Users to send data to Offerings or access the Account (collectively, “Credentials”). Customer is solely responsible for all activities that occur under Customer's Account. Customer is responsible for all Authorized Users’ login credentials. Customer must promptly notify Defense Unicorns of any unauthorized use of or access to Offerings or if any Credentials are lost, stolen, or disclosed to an unauthorized third party, or otherwise compromised. Defense Unicorns may suspend or terminate Customer's Account if any information provided during the registration process or thereafter is or becomes inaccurate, false, or misleading. Thereafter, Customer may be unable to use the Offerings that Customer purchased. Defense Unicorns may also temporarily suspend Customer’s account if Defense Unicorns reasonably suspects that Customer’s Credentials have been compromised for as long as is reasonably necessary to issue new Credentials and restore access to Customer’s Account.
2. Authorized Users. Only Authorized Users may access and use the Offerings. Employees and contractors working on behalf of and authorized by Customer or a Customer Affiliate (each an “Authorized User”) may access and use the Offerings. Customer will (i) inform Authorized Users of all of Customer’s own policies and practices that are relevant to the Authorized Users’ use of the Offerings; and (ii) obtain all rights, permissions and consents from Authorized Users and other Customer personnel or contractors that are necessary (x) to grant the rights and licenses set forth in this agreement, and (y) for the lawful use and operation of the Offerings.
3. Conditions of Use. Customer will use Offerings only in accordance with these Term and (any applicable) Order Form, including any usage parameters, limitations, or restrictions. Customer agrees to use Offerings solely for Customer’s own personal or internal business use and in accordance with applicable law. Customer may only permit Authorized Users working for its organization to use the Offerings.
4. Usage Limits and Overage Charges. Customer agrees that Authorized Users will not use Services beyond the Capacity that Customer is authorized for such Services and that Defense Unicorns may impose limits on usage of Services beyond that Capacity.
5. License to Host Customer Data.
  1. Customer Data. Customer retains all ownership and other rights in any data that Customer transmits to, uploads to, processes on, or stores in its instance of the SaaS Services or on its Account, including images, audio, text, and other works of authorship (“Customer Data”). Nothing in this agreement will be deemed to restrict any rights that Customer may have to use and exploit Customer Data. If Customer purchases SaaS Services or otherwise uploads Customer Data to Defense Unicorns, Customer represents and warrants that it or its licensors own all right, title, and interest in and to Customer Data and have all rights in the Customer Media necessary and sufficient to transmit to, upload to, run on, process on, or store in the SaaS Service, and to grant the rights to Defense Unicorns contemplated by this agreement. Customer is solely responsible for all Customer Data, including but not limited to the development, operation, maintenance, and use of all Customer Data and the results it obtains using Customer Data.
  2. Metadata. Customer’s use of the Offerings may also generate device and network information including application telemetry, IP addresses or configurations, stored sessions, open ports, account credentials, network metadata, network connectivity, device operating system, status, version, and configuration information, and other system-level information that is not accessible in the ordinary course of use to end users of Defense Unicorns’ Offerings (collectively “Metadata”).
  3. License Grant. Customer hereby grants to Defense Unicorns a non-exclusive, worldwide, royalty-free, fully-paid and transferable license to collect, access, process, reproduce, modify, transmit, store, and otherwise use any Customer Data and Metadata provided by Customer to Defense Unicorns (i) to administer, develop, improve and support Customer’s use of the Offerings, and (ii) in support of Defense Unicorns’ development of related technologies, solutions and devices in accordance with Defense Unicorns’ standard data retention policies and procedures, and these Terms.
6. Data Privacy and Security. The security of Customer Data is very important to Defense Unicorns. Defense Unicorns takes commercially reasonable technical and organizational measures designed to protect the confidentiality, integrity, and availability of Customer Data in accordance with the best practices recommended by our cloud storage and computing providers and their respective shared responsibility models. Please take advantage of the security features provided within the Offerings, safeguard Customer's credentials, and report any suspected security incidents to us. In order to provide the Offerings, Defense Unicorns may process technical and related personal information related to Customer’s use of the Offerings, which may include application telemetry, internet protocol address and configurations, stored sessions, open ports, account credentials, hardware identification numbers or other factors, system status, information identifying operating systems, application software, and peripheral hardware, and other non-personally identifiable data. Such data will be used to facilitate the provisioning of Updates, Software, and Services. Defense Unicorns may transfer such information to its processors, suppliers, or affiliates as reasonably necessary in order to provide the Offerings. Defense Unicorns will, at all times, process any personal information shared by Customer as a “service provider” within the meaning of the California Consumer Privacy Act (“CCPA”). Defense Unicorns will not further collect, sell, or use any such personal information except as necessary in order to provide the Offering, which may include disclosures to our own service providers or contractors as set forth below.
  1. Data Collection and Use. Defense Unicorns collects personal and technical information to: (i) operate and improve the Service; (ii) manage user accounts and authenticate access; (iii) provide customer support; (iv) prevent fraud or abuse; and (v) conduct analytics and send relevant communications.
  2. Data Retention and Management. We may retain your data as long as necessary for business purposes or legal compliance. This includes logs, backups, and records necessary for audits, troubleshooting, and security.
  3. CCPA Compliance (California Residents). If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), including: (i) the right to know what personal information we collect; (ii) the right to request access or deletion; and (iii) the right to opt out of any sale of personal data (note: we do not sell personal data). To exercise these rights, contact us at legal@defenseunicorns.com.
7. Modifications. Defense Unicorns may change the Offerings and associated content, interfaces, and features from time to time, without prior notice to Customer. Defense Unicorns may discontinue the provision of any Offerings (or portion thereof) in its sole discretion with twelve (12) months of written notice to Customer.
Services. Services are subject to the following terms and conditions in addition to those non-conflicting provisions set forth in any applicable Order Form:
1. Subscription Term Duration. Unless otherwise specified on the Order Form, each Subscription Term begins with the initiation of the applicable Services and shall initially continue for the period specified in the applicable Order Form, or if no such period is specified, then deemed to be concluded for an indefinite period.
2. Provision of Services. Defense Unicorns will render Services in accordance with this agreement and any applicable Order Form. Defense Unicorns has no obligation to provide any service other than SaaS Services, Professional Services, Support Services, and Training Services (collectively, “Services”) that are purchased by Customer pursuant to an Order Form.
3. SaaS Services. SaaS Services consist of making specified software available to Customer online as a service during the applicable Subscription Term, as set forth in any applicable Order Form. Each SaaS Service will include at least the functionality described for that service in the Order Form or in the product guide in effect at the time the particular SaaS Services are purchased. Defense Unicorns may update the product guide (and the functionality of the applicable SaaS Services) at its sole discretion.
4. Professional Services. The scope of Professional Services will be set forth in the applicable Order Form or statement of work (collectively, “SOW”) specifying the Professional Services to be provided, the deliverables to be provided, a schedule for delivery, and payment arrangements.
5. Support Services. Support Services consist of: (i) providing Customer’s named Administrators (as defined below) with consultation in English, via telephone, chat, and email, during Defense Unicorns’ normal business hours to assist with any Errors encountered by Customer in using the supported Offering; and (ii) making reasonable efforts to correct any Error in supported Offerings, all in accordance with Defense Unicorns’ support policies published on its website, as updated from time to time. Errors do not include, and Defense Unicorns has no obligation to correct, malfunctions caused in whole or in part by the operation of unsupported third-party products or the integration of any Offerings with or into unsupported third-party products, or the use of Offerings other than in accordance with the applicable documentation provided by Defense Unicorns. Defense Unicorns may in some cases provide updates to Customers who have purchased Support Services, on a when-and-if-available basis. No other Support Services are included under these Terms, including correction of Errors in or affecting any Offerings other than those for which Support Services have been purchased, as set forth on the Order Form. Upon request from Defense Unicorns, Customer will designate up to three (3) of its employees to assist with the administration of the Services on its behalf and serve as points of contact in communicating with Defense Unicorns (“Administrators”).
6. Training Services. Defense Unicorns will provide any purchased Training Services remotely or at the location set forth in the applicable Order Form. If no location is specified in the Order Form, the training will be provided at a mutually agreed upon location to be determined and confirmed in writing. Unless otherwise specified in the Order Form, for on-site, virtual and e-learning training, Customer is responsible for testing all necessary facilities and systems prior to the scheduled training to enable Defense Unicorns to provide the training. Training dates must be confirmed two or more weeks in advance of the training date. Defense Unicorns may re-schedule training at any time prior to the training start date without liability. If Defense Unicorns is aware that there is a need to reschedule, then Defense Unicorns will make a reasonable effort to notify the Customer at least one week in advance. In-person training must be initiated within nine months of the Order Form date and completed within one year of the Order Form date, provided however that if in-person training is not completed within one year due to rescheduling by Defense Unicorns, the time for completion will be extended for a time period commensurate with the Defense Unicorns-initiated delay. On-site, virtual and e-learning training is only valid for the number of courses, dates and times (including the start and end date), locations, delivery mechanisms (i.e., onsite, virtual or other), and number of students (participants) specified in the Order Form. Training content will be substantially in line with the relevant training description set forth in the Order Form. Ownership of all copyright and other intellectual property rights in any training course material or other documentation, technical information, and know-how (together “Defense Unicorns Proprietary Information”) provided to training participants or otherwise to Customer remains the sole property of Defense Unicorns.
7. Website Terms of Use. Customer’s use of Defense Unicorns website services shall be subject the Defense Unicorns’ Website Terms of Service, which shall be in addition to these Terms of Use.
Intellectual Property.
1. Intellectual Property of Customer. If Customer purchases Professional Services, Customer hereby grants to Defense Unicorns a non-exclusive, royalty-free right and license during the term of this agreement to use Customer-provided intellectual property, information, software, content, or other materials (“Customer Property”) for the sole purpose of performing the Professional Services. Nothing in this agreement conveys to Defense Unicorns any title or interest in or to Customer Property. In performing Professional Services for Customer, Defense Unicorns may use graphics, data, application program interfaces, database structures, diagrams, images, tables, sounds, video, computer programs, scripts, methodologies, documentation, computer code, or algorithms created, licensed, or otherwise acquired by Defense Unicorns before the Effective Date or independently of providing Professional Services to Customer (collectively, “Defense Unicorns Tools”). Unless otherwise specified in the applicable Order Form, Defense Unicorns and its licensors retain all intellectual property and other rights to Defense Unicorns Tools and any inventions, works of authorship, trade secrets, know-how or subject matter that Defense Unicorns makes or creates while providing Professional Services.
2. Software License. Customer agrees that all worldwide patent, copyright and other intellectual property rights in the Offerings, and all copies of the software however made (including copies pre-installed on the hardware purchased by Customer) are the exclusive property of Defense Unicorns and its suppliers. All Software is licensed to Customer subject to the End User License Agreement, not sold. Customer will not circumvent any technological measure that controls access to Software or Services. Defense Unicorns reserves all rights not expressly granted in this agreement, and no rights or licenses shall be deemed or interpreted to be granted or transferred hereunder, whether by implication, estoppel, or otherwise.
3. Use of the Services. Defense Unicorns delivers “software as a service” and other services on a subscription basis (“SaaS Services”). Defense Unicorns grants Customer a nonexclusive, nontransferable, worldwide right to access and use the SaaS Service(s) during the Term, solely for Customer’s internal business operations. Defense Unicorns reserves all other rights. Customer shall not use any services that are not set forth in an Order Form signed by Customer and accepted by Defense Unicorns, except as otherwise provided in the Agreement. If Customer has a sandbox Account, Customer shall use it solely for testing non-production data and for internal business purposes only.
4. Reservation of Rights. Customer acknowledges and agrees that: (a) the Offerings, and Defense Unicorns Tools contain Defense Unicorns’ valuable intellectual property and are subject to and protected by patents, copyrights, trade secrets, and other intellectual property rights, throughout the world, of Defense Unicorns and its licensors; (b) such intellectual property rights shall continue to be exclusively owned by Defense Unicorns and its licensors; and (c) nothing in this agreement shall effect a transfer of such intellectual property rights to Customer.
5. Third-Party Trademarks and Open-Source Attribution. The Services may be used to store and distribute container images that incorporate or are based on third-party software, including open-source projects and their associated trademarks (e.g., names, logos, and branding). Customer acknowledges and agree that: (a) all third-party trademarks are the property of their respective owners; (b) the inclusion of any third-party name, trademark, or software reference in container images does not imply any endorsement or affiliation with Defense Unicorns, unless explicitly stated; (c) Customer is solely responsible for ensuring that Customer’s use of any third-party trademarks or branding in Customer’s container images complies with the applicable trademark usage guidelines, license terms, and attribution requirements of those third-party projects; (d) Defense Unicorns does not grant any rights or licenses to use such third-party trademarks and disclaims all responsibility for misuse or unauthorized use of them by users of the Service. If Customer distributes containers that bundle open source or other third-party software, Customer must comply with the applicable open-source licenses and trademark policies associated with those projects.
6. Feedback. Customer may provide Defense Unicorns with any suggestions, comments, or other feedback regarding the Offerings (“Feedback”). Customer’s decision to provide Feedback is entirely voluntary. By providing Feedback, Customer assigns to Defense Unicorns all right, title, and interest (including any intellectual property rights) that Customer may have in such Feedback and acknowledges that Defense Unicorns may use (or not use) any such Feedback in any manner and for any purpose, without compensation to Customer and without implying or creating any interest on Customer’s part in any of Defense Unicorns’ Offerings.
Marketing and Communications. By creating an account, you agree that we may contact you with service-related notices and promotional communications about Defense Unicorns products and services. You may opt out of marketing emails at any time using the unsubscribe link provided. However, we may still send you non-promotional communications regarding your account or use of the Service.
Terms for Early Access, Product Trials and Beta Services or Features.
1. Early Access Product. Defense Unicorns may in its sole discretion provide Customer certain Offerings that are not yet generally available including but not limited to Early Access Program products, Test Units, Evaluation Units, Product Trials, and Beta Services or Features (“Early Access Product”) for use and/or evaluation during a limited time period (“Trial Period”). The Trial Period shall be thirty (30) days unless otherwise stated in writing by Defense Unicorns. Defense Unicorns may terminate a Trial Period for any reason and without advanced notice. Use of an Early Access Product under a Trial Period will be subject to the Defense Unicorns’ Terms. Customer may be required to accept additional terms prior to receipt of the Early Access Product. If Customer does not wish to accept these additional terms, Customer must not initiate the Trial Period. Notwithstanding any contrary provision in the Terms or applicable Order Form, Customer acknowledges and agrees that Early Access Product may not be fully functional or reliable.
2. Data. Notwithstanding any terms to the contrary in any agreement, Customer agrees that Defense Unicorns may make use of Customer Data related to Early Access Product in accord with section 1.5 of Defense Unicorns’ Terms of Use.
Other Limitations and Restrictions. Customer shall not do (and shall not permit others to do) any of the following: (a) license, sublicense, sell, resell, rent, lease, transfer, or distribute Offerings to others, redistribute the Offerings to third parties as a service bureau, or allow third parties (other than Customer's employees and individual contractors) to access the Offerings; (b) disassemble, reverse engineer, or decompile Software or the systems used by Defense Unicorns to render SaaS Services, or otherwise attempt to derive the source code of such Software or systems, except solely to the extent such activity is permitted under applicable law or this agreement; (c) modify SaaS Services; (d) remove or modify a copyright, trademark, logo or other proprietary rights notice or brand labeling on or in Offerings; (e) use Offerings to reproduce, distribute, display, transmit, or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (f) use Offerings to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage, in a malicious or criminal act or disrupt the security, integrity or operation of any computer system; (g) use Offerings other than as expressly permitted in these Terms of Use and the Order Form, including without limitation using the Offerings in excess of the limitations or restrictions specified in the applicable Order Form; (h) use Offerings to develop a competing product or service; (i) disable, jailbreak, or otherwise circumvent any technological measures in Offerings that limit access or use of Services; or (j) unlock, activate, access, or use any feature of Offerings for which Customer has not purchased a Subscription authorizing Customer to do so. Any breach of the foregoing obligations shall be deemed a material breach of the agreement. If Customer is a non-governmental entity, Customer will indemnify and hold harmless Defense Unicorns against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged breach of this Section.
Third-Party Technology and Services. Each of the Offerings may be compatible with third-party plugins, services, and other technology, including any service that uses Customer’s API token(s) to access Customer’s Defense Unicorns account (“Third-Party Technology”). Defense Unicorns may also make available, for purposes of convenience, links to third-party websites or applications that enable the download or use of Third-Party Technology. Defense Unicorns does not endorse and is not responsible or liable for the operation or functionality of the Offerings with, such Third-Party Technology. Customer is solely responsible for such use of any Third-Party Technology, including compliance with the terms and conditions governing the use of such Third-Party Technology. Customer enables, uses, or accesses them at Customer’s own risk. ANY THIRD-PARTY TECHNOLOGY DOWNLOADED BY CUSTOMER OR OTHERWISE OBTAINED OR USED IN CONNECTION WITH THE OFFERINGS IS DONE SO AT CUSTOMER’S DISCRETION AND RISK, AND CUSTOMER AND CUSTOMER’S AUTHORIZED USERS WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ALL CLAIMS AND CAUSES OF ACTION AGAINST DEFENSE UNICORNS WITH RESPECT TO SUCH USE, INCLUDING ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH THIRD-PARTY TECHNOLOGY.
Disclaimer of Warranty. THE OFFERINGS PROVIDED HEREUNDER ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. DEFENSE UNICORNS HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS, OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT OFFERINGS ARE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION OR ACHIEVE ANY PARTICULAR RESULT. CUSTOMER ASSUMES THE ENTIRE RISK ARISING OUT OF THE PERFORMANCE OR USE OF OFFERINGS AND ANY THIRD-PARTY TECHNOLOGY, INCLUDING RELIANCE ON ANY INFORMATION GENERATED THROUGH USE OF OFFERINGS. TO THE EXTENT THAT DEFENSE UNICORNS MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Term and Termination.
1. Term. This agreement is effective upon Customer’s first purchase of Offerings and shall continue until terminated pursuant to this Section, Term and Termination.
2. Termination for Cause. If Customer breaches this agreement (including by failing to pay amounts owed when due) Defense Unicorns may, in addition to its other rights and remedies hereunder or at law: (i) terminate this agreement for cause in its entirety, or (ii) terminate for cause one or more Order Forms, subscriptions, Capacities, or SOWs related to the breach only. Customer may terminate this agreement in its entirety for cause upon thirty (30) days written notice to Defense Unicorns of a material breach of this agreement if such breach remains uncured at the expiration of such period.
3. Termination for Convenience. Either party may terminate this agreement for convenience upon thirty (30) days’ notice if at the time of such notice there are no Order Forms, Subscriptions, Advanced Software Packages, or SOWs in effect.
4. Suspension. Defense Unicorns may suspend or limit Customer’s Account and use of Offerings as it deems reasonably necessary to prevent, investigate, or otherwise address any suspected breach of this agreement including these Terms of Use.
5. Effect of Termination.
  1. Upon expiration or termination of this Agreement for any reason: (i) all Order Forms, subscriptions, and SOWs shall immediately terminate; (ii) Defense Unicorns will have no further obligation to provide Services; (iii) if Defense Unicorns terminates this agreement for cause, then all licenses granted to Customer shall immediately terminate and Customer shall immediately stop using (and Defense Unicorns may deactivate) the applicable Software; (iv) Customer shall not under any circumstances be entitled to a refund of any fees paid, except as otherwise expressly provided herein; and (v) any section of this agreement which by its nature should survive termination shall so survive.
  2. Defense Unicorns will not delete Customer Data for thirty (30) days following termination of the subscription to SaaS Services. There will be no functionality of SaaS Services during these thirty (30) days other than the ability to retrieve Customer Data. Customer will not incur additional fees if Customer downloads Customer Data from SaaS Services during this time. Defense Unicorns has no obligation to maintain or provide Customer Data after thirty (30) days and may thereafter, unless legally prohibited, delete all Customer Data. Upon request, Defense Unicorns will provide written certification to Customer that Defense Unicorns has deleted all Customer Data from Defense Unicorns’ systems.
  3. Upon expiration or termination of an SOW for any reason, Defense Unicorns will have no further obligation to provide Services under the SOW (including any delivery due after termination, whether or not such delivery is in process at the time of expiration or termination) and Customer shall promptly pay Defense Unicorns a portion of the Fees that would have been due upon future attainment of delivery or other milestones ("Goals") computed on a prorated basis equal to the number of days that Defense Unicorns worked towards the attainment of such Goals prior to termination relative to the number of days specified in the SOW for attainment of such Goals.
Indemnity and Limitation of Liability.
1. Defense Unicorns will defend and indemnify the Customer against any third-party claim alleging that the Offerings infringe or misappropriate third party’s intellectual property rights. The obligation applies only if the Customer: (a) gives Defense Unicorns prompt written notice of the claim; (b) permits Defense Unicorns to control the defense and settlement of the claim; and (c) reasonably cooperates with Defense Unicorns in the defense and settlement of the claim. In no event may the Customer agree to any settlement of any claim without the written consent of Defense Unicorns. The obligation under this section will not apply to the extent the underlying allegation arises from (in whole or in part): (a) the Customer’s breach of this Agreement or violation of applicable law; (b) modifications to Defense Unicorns’ Offerings by anyone other than Defense Unicorns; (c) operation or use of the Offerings in combination with any third party hardware or software not authorized by Defense Unicorns; (d) use of the Offering for any reason other than the intended purpose; (e) liability caused by Customer’s services, products, materials or data; or (f) any negligent acts or omissions of the Customer or a third party.
2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEFENSE UNICORNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
Confidentiality.
1. Confidential Information. A party receiving Confidential Information (“Receiving Party”) from the other party (“Disclosing Party”) will: (a) protect the Disclosing Party's Confidential Information using the same degree of care, and in no event less that reasonable care, that it uses to protect its own Confidential Information, (b) use the Disclosing Party's Confidential Information only for purposes consistent with this agreement, and (c) limit access to Disclosing Party's Confidential Information to its employees, contractors, or agents who are involved in performing this agreement, have a "need to know," and have signed a non-disclosure agreement with terms no less restrictive than those herein. Customer shall treat the terms of this agreement as Confidential Information of Defense Unicorns.
2. Compelled Disclosure. If the Receiving Party is compelled to disclose by law, order issued by a court of competent jurisdiction, regulatory agency, or other governmental body (each, an "Order") any Confidential Information, the Receiving Party will, if legally permissible, promptly give the Disclosing Party written notice of the Order and reasonable assistance to the Disclosing Party prior to disclosure to provide the Disclosing Party with the opportunity to interpose any and all objections it may have to disclosure of the information required by the Order and seek a protective order or other appropriate relief.
3. State Customers. Defense Unicorns acknowledges and agrees that State Customers are subject to applicable state or local public information acts, and that governmental expenditures are generally considered public information and are subject to disclosure to the public.
Miscellaneous
1. Amendment of the Terms of Use. Defense Unicorns may amend these Terms of Use effective upon publication to its website or by giving notice to Customer.
2. Electronic Communications. By using the Offerings, Customer explicitly consents (to the fullest extent permitted by applicable law) to receive all notices and information relating to use and operation of the Offerings via emails, push notifications, and other similar means, and Customer agrees that all agreements, notices, disclosures and other communications that Defense Unicorns provides to Customer electronically satisfy any legal requirement that such communications be in writing.
3. Choice of Law and Venue.
  1. If Customer is a non-governmental entity, this agreement will be interpreted under California state law without giving effect to any choice of law principles that would require the application of the laws of a different country or state, and any claim by a party may be brought in any state or federal court of competent jurisdiction located in San Francisco, California.
  2. If Customer is a federal governmental entity (“Federal Customer”), United States federal law will apply and any claim may be brought in any federal court.
  3. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
4. Construction. In constructing the terms of this agreement, no presumption shall operate in favor of or against any party because of its counsel’s role in drafting the terms and provisions hereof. If the terms of this agreement conflict with a Defense Unicorns Order Form, then the terms of this agreement shall control unless the Defense Unicorns Order Form is signed by both parties and expressly identifies the modified provision of the agreement. This agreement is in the English language and its English language version shall be controlling over any other translation, except as otherwise required by applicable law. The parties to this agreement have expressly required that the present agreement be drawn up in the English language. As between Defense Unicorns and the Customer, Defense Unicorns terms shall control over any terms agreed between the Customer and any reseller.
5. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this agreement, for any reasonable delay in fulfilling or performing any obligation under this agreement (other than the obligation to pay money), when and to the extent such delay is directly caused by acts of God, epidemics or pandemics, quarantines, export bans, sanctions and other government actions, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, nuclear, chemical or biological contamination, explosions, collapse of building structures, fires, floods, storms, earthquakes, natural disasters, extreme adverse weather, stability or availability of the internet; the elements; telecommunication system failure; technology attacks, embargoes; strikes; lockouts; disputes with workmen or other labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; or acts or requests of any governmental authority.
6. Notice. Except as otherwise expressly provided herein, all notices shall be in writing and deemed delivered the earlier of: (a) actual receipt; (b) upon delivery by a nationally recognized overnight courier (receipt requested) to the receiving party’s address as specified herein or updated by written notice; or (c) when received via electronic communications as evidenced by either party’s contemporaneously created computer records. The parties’ addresses for notice are set forth above. Either party may change its address of record by giving the other ten (10) days’ notice. Notwithstanding the foregoing, Defense Unicorns may give notice of prospective changes to its schedule of fees by reasonably conspicuous display on the user interface for SaaS Services or Customer’s Account.
7. Relationship Between the Parties. The parties are independent contractors. Neither party is the agent, partner, employee, fiduciary, or joint venturer of the other party under this agreement. There are no third-party beneficiaries under this agreement.
8. Remedies. Except as otherwise provided herein, the parties’ rights and remedies under this agreement are cumulative and non-exclusive. No single right or remedy shall be exclusive of any other which is consistent with the former. Customer acknowledges that the Offerings contain valuable trade secrets and proprietary information of Defense Unicorns and its suppliers, that any actual or threatened breach of this agreement by Customer would constitute immediate, irreparable harm for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
9. Waivers. All waivers must be in writing. Any waiver or failure to enforce any provision of this agreement on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.
10. Severability. If any provision of this agreement is held unenforceable by a court, such provision may be changed and interpreted by the court to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.
11. Assignment. Defense Unicorns may assign this agreement, without restriction, upon notice to Customer. Except as otherwise provided herein, Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of Defense Unicorns; provided, however, Customer may assign this agreement in its entirety, together with all rights and obligations hereunder, to any party that is not an Embargoed Party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to this agreement, and Customer shall provide Defense Unicorns with prior written notice of such assignment.
12. Entire Agreement. The parties may during the course of performance repetitively indicate their assent to this form of agreement, such as by clicking an “Accept” icon on Defense Unicorns’ website; the parties agree that once they have entered into this agreement, such subsequent manifestations of assent shall be treated as an affirmation or amendment of the contract that they have formed under these terms, and not as a series of separate contracts. In no event shall any clauses, terms, or conditions of a governmental entity customer flow-down to Defense Unicorns, or into this agreement, or otherwise be deemed to be included or apply to this agreement, without Defense Unicorns’ prior and express written consent.
13. Contact Us.
If you have questions about these Terms, please contact us at:

Defense Unicorns, Inc.
555 E Pikes Peak Ave., Suite 114
Colorado Springs, CO 80903
legal@defenseunicorns.com
www.defenseunicorns.com