2.1 Description: Our Service allows users to upload their Android or iOS application files (APK/AAB/IPA) for a free security vulnerability scan, and optionally apply security hardening/protection to the app (a paid feature). We provide automated analysis and reports identifying potential vulnerabilities, and can apply protections such as code hardening, encryption, and anti-tampering measures to your app. The Service is provided via a web platform where you can drag-and-drop your app file and receive results.

2.2 Modifications: We reserve the right to improve, modify, or discontinue any features of the Service at any time. We will endeavor to notify you of major changes. Continued use of the Service after changes become effective constitutes your acceptance of the changes. We assume no responsibility if modifications affect your or your end-users' use of any hardened app.

2.3 Accounts: You may need to create an account to use the Service or to take full advantage of the features and capabilities of our Service. Until you create an account, your access to our Service will be limited to what is made generally available to the public. When you create your account, you agree to provide us with account information that is accurate and current at all times.

When you create an account, you will create, and we will provide you with, unique credentials (a “User ID”) for our Service. Please use the User ID we provide you to access our Service.  We may verify your identity, the enterprise you represent, or that you are a human being through one or more means, including sending you an email verification and/or asking you to provide a telephone number to which we will send a verification code for you to enter on our Service.

You are responsible for any activity that occurs on your account. No other person is authorized to use the User ID we assign to you to access our Service. You are responsible for preventing unauthorized use of the User ID we assign to you and for keeping your login credentials secure. Please protect your User ID. You must promptly notify us of any unauthorized use of your account. You are responsible for all activities that occur under your account.

2.4 Eligibility: You must be at least the age of majority in your jurisdiction (usually 18 years or older) to use this Service. The Service is offered worldwide but may be restricted in certain countries due to legal or export control reasons (see Section 13). By using the Service, you represent that you are legally permitted to do so and to enter into these Terms.

2.5 Communications and Marketing: By creating an account, submitting an e-mail address, or otherwise interacting with the Service, you expressly consent to receive: (a) service-related messages that are necessary for the operation of your account (for example, vulnerability-scan results, hardened-app download links, security alerts, invoices, policy updates, and other transactional notices); and (b) promotional or marketing messages about KOBIL AppShield, related KOBIL products, feature announcements, surveys, newsletters, and special offers. We may send such communications by e-mail or other electronic means and we may do so frequently (for example, multiple messages per release cycle or promotional campaign).

3.1 Upload Your Own Apps Only: You may only upload applications that you own or are lawfully authorized to submit. You represent and warrant that you have all necessary rights, title, and permissions to upload the app and any associated content to the Service. Uploading applications that you do not own or have permission to use is strictly prohibited, and any liability arising from such unauthorized upload is solely yours – not the Company's. We do not verify ownership of apps; you are solely responsible for all content you upload.

3.2 Prohibited Uses: You agree not to use the Service: (a) for any unlawful, harmful, or fraudulent purpose, including analyzing or hardening any application in violation of intellectual property rights or other rights of a third party; (b) to upload any viruses, malware, or harmful code (except to the extent you are uploading your own app that may contain such code for the purpose of security testing, in which case you must disclose this to us); (c) to violate the security of any system or to attempt unauthorized access to any data or system; or (d) in any manner that could damage, disable, or impair our services or infrastructure, or interfere with any other party's use of the Service. The use of the Service is also subject to the terms of use and end-user agreement of any app store providers, such as the Google Play Store or the Apple App Store and they also cover your end users. You may not use the Service to attack, probe, or assess the security of any application or system that you do not own or have authority to test. Any attempt to circumvent Service limits, reverse-engineer our platform, or use our Service to build a competing product is also prohibited. You also agree that you will not:

Attempt to use our Service to Fuse information, data, text, music, sound, photographs, graphics, video, messages, tags, applications, services or other materials (“Content”) of third parties from whom you have not acquired a license to do so;

Add, fuse, sign, distribute or use Content or request items that violate, or in a manner that violates, contracts, licenses, laws or third-party rights;

Post content that is false, inaccurate, misleading, defamatory, or libelous (including personal information, slurs, and personal attacks) or that violates any right of publicity or privacy of any person or entity;

Use fake accounts, duplicate accounts, or other means to circumvent or manipulate our Service or the fees owed to Appdome, ISVs or MSVs;

Distribute viruses or use technologies that may harm us, you, or the interests or property of us, ISVs or MSVs;

Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

Harvest or collect information, including using any robot, spider, scraper or other automated means or any manual process for any such purpose;

Attempt to capture, gather, collect, copy, reproduce, modify or reverse engineer any binaries, SDKs or other property of ISVs, MSVs or us;

Use or attempt to use our Service after your account has been suspended or terminated;

Post Content or request items that are offensive, inflammatory or illegal, or that promote or glorify bullying, hatred, violence or intolerance, or promote organizations that do so;

Interfere or attempt to interfere with the proper working of our Service, or any activities conducted on or with our Service; or

Bypass any measures we may use to secure or prevent or restrict access to our Service.

3.3 Misuse of Reports: The vulnerability analysis reports and security findings we provide (“Reports”) are intended for your internal use to improve your application's security. You agree to treat Reports as confidential. You must not publicly disclose or exploit the vulnerabilities identified in a Report for any purpose other than securing your application, and you will not use the information to attack or harm any system or to enable others to do so. If you choose to share any part of a Report with a third party (for example, developers or auditors working with you), you are responsible for ensuring such sharing is lawful and that the recipient also treats the information as confidential. The Company is not responsible for any consequences of your disclosure or use of Reports.

3.4 Your Security Responsibilities: We do not guarantee absolute security of your mobile application, and we have no liability for any harm or damage arising out of or in connection with our services, including but not limited to security breach, unauthorized access, alteration, disclosure, or destruction of your application. You remain fully responsible for the security, quality, and performance of your own applications. Our Service can help identify vulnerabilities and add protections, but no security measure is foolproof. You must thoroughly test and review any hardened app we provide before distributing it to your end-users, to ensure it functions correctly and meets your security needs in your specific environment. Different environments and use-cases can affect app behavior, and we cannot foresee all scenarios or guarantee that all vulnerabilities have been found or prevented. You are solely responsible for any decisions you make based on the Reports or the hardened app, including any changes to your code or security posture. Using our Service does not absolve you of your obligations to secure your applications and data or to comply with applicable laws and regulations regarding your app.

3.5 Compliance with Laws: You agree to use the Service in compliance with all applicable laws and regulations. This includes data protection laws, intellectual property laws, and export control laws. You are responsible for any content you upload; it must not contain personal data that violates privacy laws or any content that you do not have the right to use. If your app or use of the Service is subject to legal or regulatory requirements (for example, if your app processes personal information of EU residents, or sensitive financial/health data), you are responsible for ensuring that using our Service (including uploading the app to our platform) is permitted. You must obtain all necessary consents and authorizations from data subjects or other parties before uploading data to the Service, and ensure that such data is handled in accordance with law.

3.6 Suspension and Termination for Violations: If you violate the above Acceptable Use restrictions or any other provision of these Terms, we may suspend or terminate your access to the Service without notice. We reserve the right (but assume no obligation) to review any uploaded app or content for compliance with these Terms. Failure to enforce any provision of this Section in every instance does not waive our right to do so in the future.

4.1 Your Content and License to Us: You retain all rights and ownership in the mobile applications and any other content you upload to the Service (“User Content”). We do not claim ownership over your app. However, by uploading or otherwise providing your app and related content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to store, process, scan, modify, and otherwise use your app and content solely for the purpose of providing you the Service (for example, performing security analysis, generating Reports, and applying security features to your app). This license also allows us to retain your app and related data for a limited time as described in Section 5 (Data Handling) below. We will not use your User Content for any other purposes except as permitted by you or required by law.

4.2 Company's Technology: We (and our licensors) own all rights, title, and interest in and to the Service, including all software, technology, algorithms, tools, know-how, templates, and security code or libraries that may be applied to your app as part of the hardening process (“Company Technology”). Except for the limited license explicitly granted to you below in Section 4.3, nothing in these Terms transfers any ownership of Company Technology to you. All trademarks, logos, and service marks of the Company are our property, and all trademarks, logos, and names of the Service or Company must not be used without our prior written consent.

4.3 License to Security Components: If you use our paid hardening/protection Service, we may embed or append certain security components (such as binary code, scripts, or configurations) into your application to enable the protective features. Subject to your compliance with these Terms and payment of any applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use those Company security components as part of your own mobile application, for the sole purpose of distributing and using your application. This license is only for the specific app file that we returned to you after processing (the “Hardened App”) and does not extend to any other application or use. You must not extract, copy, reuse, or modify our security components outside of their integration in the Hardened App, and you must not use them in any way that is not authorized by the Service. All rights not expressly granted to you are reserved by the Company.

4.4 Feedback: If you provide feedback, suggestions, or ideas to us regarding the Service or any improvements (“Feedback”), you agree that we are free to use and incorporate such Feedback in our products and services without restriction or compensation to you. You grant us a perpetual and irrevocable license to use all Feedback for any purpose. You agree to provide Feedback to us only in compliance with applicable laws. You represent that you have the authority to provide the Feedback and that Feedback will not include confidential information. Feedback is entirely voluntary.

4.5 Third-Party Components: The Service may include or use third-party software or open-source components. Any such components are subject to their own license terms; however, your use of the Service and any outputs (including any open-source included in a Hardened App) must still comply with these Terms. We make no warranty or indemnity regarding any third-party components beyond what is provided in their respective licenses.

4.6 Reports: Reports defined in Section 3.3 are the exclusive property of the Company. You are granted a limited, non-exclusive, non-transferable right to use the Reports solely for improving the security of your application. You may share Reports with third parties only if necessary for securing your app, provided they are bound by confidentiality obligations at least as strict as these Terms. The Company retains all rights not expressly granted, and Reports are provided “as-is” without warranties of accuracy or completeness.

5.1 Data Storage and Retention: By using the Service, you acknowledge and agree that we may store the mobile app files you upload, as well as generated Reports and related data, on our servers or those of our cloud service providers. Uploaded app files and associated data will typically be retained for a period of approximately 3 months from upload. This retention allows you to re-download Reports or Hardened Apps and enables us to review results for quality or support purposes. After this period, we reserve the right to delete the files from our active systems. We are not obligated to retain your uploaded files or data after this period and we assume no liability for any loss of data that may occur if you fail to download or back up your Reports or Hardened App within the retention window. However, note that residual copies or backups may remain in our systems beyond the retention period, though we will not use them except as needed for system integrity or legal purposes.

5.2 Data Security: We implement technical measures intended to protect your uploaded apps and any personal information from unauthorized access, alteration, disclosure, or destruction, in accordance with industry standards. However, you understand that no data transmission or storage system can be guaranteed to be 100% secure. We do not guarantee absolute security of your content, and we have no liability for any harm or damage arising out of or in connection with our services, which you use at your own risk. Please consider removing or obfuscating any sensitive data that may be embedded in the app before uploading, if feasible. In the event of any incident affecting the security of uploaded data, we will notify you as required by law.

5.3 International Data Transfers: The Company is based in Germany and our servers (or cloud providers) may be located in multiple countries. In particular, you acknowledge that your app and related data may be processed and stored on servers located in Germany or other countries outside of your own. By uploading your app, you consent to this transfer and processing of your data in such countries, even if those countries have data protection laws that are different or less protective than those in your jurisdiction. We will take appropriate steps to ensure your data is treated securely and in accordance with our Privacy Policy and applicable law. However, you are responsible for ensuring that your use of the Service (including this cross-border data processing) is permissible under the laws that apply to you, and for providing any required notices or obtaining any consents from end-users or data subjects whose personal data is included in your uploaded content.

5.4 Privacy Policy: Our Privacy Policy (available on our website) explains how we collect, use, and protect personal information in connection with the Service. By using the Service, you also agree to the terms of our Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy regarding personal data, the Privacy Policy will govern. These Terms are intended to be consistent with privacy laws including the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), and we will not use your personal data in ways that violate those laws. If you are a business or organization subject to GDPR and require a Data Processing Agreement (DPA) with us, we will provide such DPA upon request to further govern our processing of personal data on your behalf.

5.5 No Sensitive Personal Data: The Service is not intended to be used with highly sensitive personal data such as health records, biometric data, or financial account information. We do not require such data for the vulnerability scanning or hardening process. You agree not to intentionally include personal data in the content you upload beyond what is necessary for the Service. If your app binary or code repository contains any personal data of third parties, it is your responsibility to ensure compliance with privacy laws and, if feasible, to anonymize or remove such data before uploading. We assume no liability for personal data included in the apps you upload.

6.1 Free Services: We offer basic vulnerability scanning free of charge. The free scan includes a summary Report of any vulnerabilities found. We reserve the right to place reasonable limits on free usage (such as the number of scans per user or app size limits) and to change what is offered for free. Free services are provided “as-is” with no guarantee of support or availability. We have no liability for any harm or damage arising out of or in connection with free/trial services, which you use at your own risk.

6.2 Paid Services: Advanced features such as app hardening/protection (and possibly more detailed reports or continuous monitoring) are offered as paid services. Fees for paid services may be on a per-app basis or subscription basis, as specified at the time of purchase or in a separate order form. You agree to pay all fees associated with the paid services you select, in the currency and payment method we indicate. Payments are due immediately (or on the schedule specified) and are non-refundable except as required by law or expressly permitted by these Terms. If you sign up for a subscription, it will automatically renew at the end of each term unless you cancel in advance; by subscribing, you authorize us to charge the then-current renewal fees using your provided payment method. We may suspend or terminate your access to paid features if fees are past due. Please see “LINK” for End User License Agreement.

6.3 Taxes: Our fees do not include any taxes, levies, or duties (such as VAT, sales tax, or withholding tax) imposed by taxing authorities. You are responsible for paying all applicable taxes associated with your purchases hereunder, excluding taxes based on our income. If we have a legal obligation to pay or collect taxes for which you are responsible, we will charge you and you agree to pay that amount, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

6.4 Changes in Fees: We may change the fees for our services from time to time. Fee changes will not affect services already purchased for a pre-paid term, but will apply to any new purchase or renewal. We will give you reasonable notice of any changes to our fees.

7.1 "AS IS" Provision of Service: The Service (including all reports, analyses, Hardened Apps, software, and content provided or generated) is provided “AS IS” and “AS AVAILABLE,” without warranty of any kind. To the maximum extent permitted by law, the Company expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that: (a) the Service will find all vulnerabilities in your app or make your app 100% secure; (b) any Hardened App or security feature we apply will meet your expectations or requirements; (c) the Service will be uninterrupted, error-free; or (d) any vulnerabilities that are not detected or resolved by our Service will not result in a security incident or liability for you. We make no guarantee that using the Service will ensure compliance with any laws, regulations, or standards (for example, using our Service does not guarantee that your app will comply with OWASP standards, GDPR, PCI DSS, or any other specific security or privacy rule).

7.2 No Liability for Your App or Third-Party Materials: You acknowledge that you are solely responsible for the apps and content you submit and for the results obtained. We do not control or vet user-submitted content and we make no representations or warranties regarding your app beyond analyzing it for the agreed purpose. We are not liable for any issues in your app that pre-exist or are unrelated to the security features we provide. Additionally, if our Service integrates or uses any third-party services or software (including open-source libraries or analysis tools), we do not warrant those third-party elements (they are provided “as-is” under their own terms). Any information or advice (such as suggestions to fix vulnerabilities) provided in our Reports is provided for informational purposes and you use it at your own discretion and risk.

7.3 Beta or Trial Features: If we offer any beta features or trial services, such features are offered on an experimental basis only, without any warranties whatsoever. Such features may be incomplete or change unpredictably. We have no liability arising from your use of any beta or trial features. We reserve the right to discontinue beta features at any time.

7.4 Applicable Law Exceptions: Some jurisdictions do not allow the exclusion of certain warranties or conditions. To the extent such laws apply to you, some of the above disclaimers may not apply. In such case, our warranties will be limited to the minimum extent permitted by law.

8.1 Indirect Damages Excluded: To the fullest extent permitted by law, in no event will the Company (or its officers, directors, employees, agents, affiliates, or suppliers) be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages whatsoever arising out of or related to the Service or these Terms. This exclusion includes, without limitation, damages for loss of profits, loss of data, loss of revenue, loss of goodwill, business interruption, or any other commercial or economic loss, even if we have been advised of the possibility of such damages. It also includes any damages for security breaches or compromises of your application (or your end-users' data), any damage or loss caused by your reliance on the results of the Service (such as Reports or Hardened Apps), or the cost of procuring substitute services. The foregoing exclusion applies to all claims, whether based in contract, warranty, tort (including negligence), strict liability, or any other legal theory.

8.2 Cap on Liability: In any case, the aggregate liability of the Company for all claims arising from or related to the Service or these Terms will not exceed the greater of (a) the total amount you paid to us for the Service in the 1 month immediately preceding the event giving rise to the claim, or (b) USD $100. If you have not paid any amount (for example, if you have only used free services), our total liability for all claims shall not exceed USD $100. This limitation applies cumulatively to all types of claims and liabilities, including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, or other torts.

8.3 Exceptions: The limitations and exclusions of liability in this Section 8 shall not apply to the extent prohibited by law. In certain jurisdictions, applicable law may not allow the limitation of liability for death, personal injury, fraudulent misrepresentation, or certain intentional or grossly negligent acts, so some of these limitations may not apply to you. Nothing in these Terms shall limit or exclude liability that cannot be limited or excluded under law. Additionally, the limitations of liability shall not apply to your indemnification obligations under Section 9 or a breach of confidentiality by either party, or willful misconduct or gross negligence by the Company, to the extent such exclusion is not permitted by law.

8.4 Sole Remedy: Except for the remedies expressly provided to you in these Terms, your sole and exclusive remedy for any dissatisfaction with the Service or any breach of these Terms by us is to stop using the Service.

8.5 No Liability for Third-Party Claims (End-Users): The Company has no liability to any third party, including your end-users, for any claims arising out of your use of the Service or the security of your application. You are solely responsible for any warranties or representations you make to your own customers or users regarding your application's security. For example, if an end-user or any other third party brings a claim against you (or against the Company) alleging that your application was compromised or that data was exposed, you (and not the Company) will bear full responsibility for such claim. By using the Service, you agree that no end-user of your application shall be considered a third-party beneficiary of these Terms, and you will not make any statements implying our liability or responsibility to anyone other than you.

9.1 Your Indemnity to Company: You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, affiliates, agents, and licensors (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) that arise out of or relate to any third-party claim resulting from: (a) your use of the Service (including any content you upload, and any Reports or Hardened Apps you distribute or use); (b) your breach of any provision of these Terms; or (c) your violation of any law or regulation or the rights of any third party (including intellectual property rights or privacy rights). This means you will pay all costs and damages that a court or arbitrator finally awards against the Indemnified Parties (or that are included in a settlement you approve) for such claims.

Examples of claims you must indemnify us for include, without limitation:

A claim that an app you uploaded was not actually owned by you or that your upload or our processing infringed someone else's intellectual property rights.

A claim by one of your customers or users (or a regulator) that your app's security or a vulnerability in your app (even after using our Service) caused harm, loss, or violation of laws (for instance, if your end-users' data is exposed and they sue, or if authorities impose fines for a data breach).

A claim that information in our Report or your use of it (for example, your handling of a vulnerability) caused some harm.

Any other claim arising from your negligence, misuse of the Service, or failure to comply with these Terms.

We reserve the right, at our option, to assume control of the defense of any claim subject to indemnification by you, in which case you will cooperate with us in defending such claim and you may not settle any such claim without our prior written consent.

The indemnification obligations in this Section 9 will survive any termination or expiration of these Terms.

10.1 Definition of Confidential Information: In using the Service, each party may have access to information that is confidential to the other party and is either identified as confidential or would generally be considered confidential under the circumstances. For you, Confidential Information includes your uploaded app (if it is not publicly available elsewhere) and the contents of any vulnerability Report concerning your app. For us, Confidential Information includes the technology, algorithms, and methods used in providing the Service, any non-public information about the Service, and any communications from us marked confidential. Confidential Information does not include information that is or becomes publicly available without breach of these Terms, was known to the receiver before disclosure by the disclosing party, is received from a third party without confidentiality obligations, or was independently developed by the receiver without use of the disclosing party's confidential information.

10.2 Obligations: Both you and the Company agree to use the other's Confidential Information only for the purposes of fulfilling these Terms (in our case, to provide the Service; in your case, to use the Service as permitted). Neither party will disclose the other's Confidential Information to any third party except to affiliates, employees, contractors, or advisors who need to know it for the above purpose and who are bound by confidentiality obligations at least as strict as those in these Terms. Each party must protect the other's Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature, and at least reasonable care.

10.3 Compelled Disclosure: If a party is required by law or legal process (e.g. subpoena or court order) to disclose Confidential Information of the other, it shall, if legally permissible, give prompt notice to the other party to allow that party an opportunity to seek a protective order or otherwise object to the disclosure. The disclosing party shall only disclose the minimum amount of information legally required and will use reasonable efforts to obtain confidential treatment for any Confidential Information that is disclosed.

10.4 Return or Deletion: Upon termination of your use of the Service or upon request, each party will return or delete (at the other's choice) any Confidential Information of the other party in its possession, except that each party may retain copies required for legal compliance or archival purposes, subject to ongoing confidentiality obligations.

11.1 Good Faith Negotiations: If any dispute, claim, or controversy arises between you and the Company related to the Service or these Terms, the parties agree to first attempt to resolve the issue informally through good-faith discussions. You can start this process by contacting us at [support email] with a description of your concern. We will attempt to address your concern through correspondence within a reasonable time.

11.2 Arbitration Agreement: Any dispute or claim arising out of or relating to these Terms or the use of the Service that cannot be resolved informally shall be resolved by binding arbitration on an individual basis. Both you and the Company agree to waive the right to a trial in court and to have the dispute resolved by a neutral arbitrator, except as set forth under “Exceptions to Arbitration” below. Arbitration means that the dispute will be resolved by a private arbitrator, not a judge or jury, and the arbitrator's decision will be final except for a limited right of review under the Federal Arbitration Act.

11.3 Arbitration Procedures: The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if the claimant is an individual using the Service for personal or individual developer use, the AAA's Consumer Arbitration Rules may apply. The arbitration will take place in San Jose, California, USA (or another location we both agree on), or via videoconference for convenience, at your choice. The language of arbitration shall be English. Each party is responsible for its own attorneys' fees, but the arbitrator may award costs and fees to the prevailing party when appropriate under applicable law. Judgment on the arbitral award may be entered in any court with jurisdiction.

11.4 No Class Actions: You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate or join the claims of other persons or parties who may be similarly situated without the express consent of both you and us, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. This means you cannot bring a claim against us as part of a class action, collective action, or any other representative action.

11.5 Exceptions to Arbitration: Notwithstanding the above, either party may choose to pursue a dispute in court rather than arbitration in the following circumstances: (a) for claims that are properly within the jurisdiction of a small claims court (i.e., claims below a certain monetary threshold, which varies by jurisdiction), as long as the claim remains in small claims court and is pursued on an individual (non-class) basis; (b) for claims of infringement or misappropriation of intellectual property rights, including claims seeking injunctive relief – either party may bring such claims in court to seek an injunction or other equitable relief to prevent unauthorized use or abuse of the Service or infringement of intellectual property (this will not be deemed a waiver of arbitration for monetary or other claims); or (c) if the arbitration agreement is found unenforceable, the dispute shall be resolved in court as set forth in Section 12 (Governing Law and Venue).

11.6 Opt-Out Right: If you are a new user, you have the right to opt out of the arbitration agreement in this Section 11 by sending us a written notice of your decision to opt out at 3031 Tisch Way, 110 Plaza West, San Jose, CA 95128 within 30 days of first accepting these Terms. Your opt-out notice must include your name and email address (or other identifying information used to register) and an unambiguous statement that you wish to opt out of the arbitration agreement. If you opt out of arbitration, Section 12 (choice of law and venue) will govern any disputes.

11.7 Confidentiality of Arbitration: The arbitration proceedings and decision shall be kept confidential by both parties, except as required to enforce the award or as permitted by the other party.

12.1 Jurisdiction and Venue: Subject to the arbitration agreement above, any legal action or proceeding arising under these Terms that is not resolved by arbitration shall be brought exclusively in the courts (state or federal) located in San Jose, California, USA. Both you and the Company consent to the personal jurisdiction of these courts and waive any objections to venue in these courts. This means you agree not to argue that it is inconvenient or unfair to resolve any dispute in those courts.

12.2 Injunctive Relief: Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information (as noted in Section 11.5 regarding IP claims).

12.3 Consumer Protection Notice: If you are using the Service as an individual consumer (not as a business), and if any provision of these Terms is invalid under the law of your residence (such as a legal requirement that you have certain rights or remedies which these Terms cannot override), that provision will not apply to you. In addition, if applicable law gives you a right to bring an action in your local courts despite the “Venue” clause above, you may proceed as allowed by law. However, to the extent permitted, you agree to resolve disputes as provided in Sections 11 and 12.

14.1 Terms: These Terms are effective from the moment you accept them (or first use the Service) and will continue in effect until terminated by either you or us as permitted herein.

14.2 Your Termination: You may terminate these Terms at any time by ceasing all use of the Service and (if applicable) deleting your account. If you have a paid subscription, you should cancel the subscription; otherwise it may renew automatically. Termination does not relieve you of the obligation to pay any accrued fees or charges.

14.3 Company Termination or Suspension: We may terminate your account or access to the Service, or suspend the Service (in whole or in part), at our discretion if: (a) you materially breach any provision of these Terms (and in our sole judgment such breach is not curable or remains uncured for 10 days after we provide notice to you); (b) we are required to do so by law (for example, due to a change in law that makes the Service illegal); (c) we elect to discontinue the Service entirely or in part (if we do so, and you have prepaid for a subscription, we will provide a pro-rata refund for the unused portion); or (d) there has been an extended period of inactivity on a free account. We may also suspend the Service immediately if we determine it is necessary to prevent harm to the Service or other users (for example, in case of detected malware or attacks originating from your use). We will make a reasonable attempt to notify you of any such suspension or termination, when practicable.

14.4 Effects of Termination: Upon termination of these Terms or your account: (i) you must immediately stop using the Service, and your license to our security components (Section 4.3) ends immediately (you should cease any new distribution of the Hardened App and, if we request, remove or disable the security components in any distributed versions of your app); (ii) we may disable your account and delete your content as described in Section 5.1 (or earlier, if Section 14.3 applies due to breach); and (iii) any accrued rights or liabilities up to the date of termination (including payment obligations and indemnification obligations) and Sections of these Terms which by their nature should survive, will survive. We will not be liable to you for compensation, indemnity, or damages of any sort as a result of terminating the Service in accordance with these Terms, and you will not be entitled to a refund of any fees paid, except as expressly provided in these Terms.

15.1 Entire Agreement: These Terms (along with any referenced documents such as the Privacy Policy and any applicable Order Form or DPA) constitute the entire agreement between you and the Company regarding the Service, and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the subject matter hereof. Any additional or different terms in any purchase order or other document provided by you are hereby rejected and will have no effect unless expressly agreed to in writing by an authorized representative of the Company.

15.2 Changes to Terms: We may update or modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice through the Service. The updated Terms will be effective as of the time of posting (or a later date if stated in the update). By continuing to use the Service after the new Terms take effect, you agree to be bound by the revised Terms. If you do not agree to the changes, you must stop using the Service. For any changes to the arbitration provision or other material parts of these Terms, we will give 30 days' advance notice.

15.3 Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will remain in full force and effect. The parties agree that the court (or arbitrator) should modify the stricken provision to the minimum extent necessary to make it enforceable, reflecting the parties' intent as closely as possible.

15.4 Waiver: No waiver of any term or condition of these Terms by either party shall be deemed a further or continuing waiver of that term or any other term. A party's failure to enforce a provision on any occasion shall not be construed as a waiver of that provision or of the right to enforce it in the future.

15.5 Assignment: You may not assign or transfer these Terms (in whole or in part) or any rights or obligations hereunder to anyone else without our prior written consent. Any attempt by you to assign these Terms without consent will be null and void. We may assign or transfer these Terms, or any rights or obligations under it, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, and you hereby consent to such assignment. Subject to the foregoing, these Terms will be binding on and inure to the benefit of each party's permitted successors and assigns.

15.6 No Agency: Nothing in these Terms creates a joint venture, partnership, agency, or employment relationship between you and the Company. We are independent contractors. You have no authority to bind us or act on our behalf, and vice versa.

15.7 No Third-Party Beneficiaries: Except as expressly provided in these Terms, there are no third-party beneficiaries to these Terms. Without limiting the generality of the foregoing, your end-users are not third-party beneficiaries and have no rights under these Terms. Our licensors and service providers (such as cloud hosting providers) are intended third-party beneficiaries of the disclaimers and limitations of liability in Sections 7 and 8, to the extent they would otherwise be liable to you.

15.8 Force Majeure: The Company will not be liable for any failure or delay in performance of its obligations (other than payment obligations) to the extent caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, power or internet outages, war, terrorism, civil disturbances, labor strikes, pandemic conditions, or governmental actions.

15.9 Notices: We may provide legal notices to you via email to the address associated with your account, or through the Service interface. It is your responsibility to keep your email address current. You will be deemed to have received any email notice within 24 hours of it being sent by us, unless we receive notice that the address is invalid. You may send legal notices to us at the following address: [Company Name/Address], Attn: Legal Department, and with a copy to [legal email address]. Notices sent by mail will be effective 3 business days after mailing.

15.10 Headings and Interpretation: The section titles in these Terms are for convenience only and have no legal effect. Words like “including” are to be read as “including without limitation”. These Terms were drafted in English, and to the extent any translated version conflicts with the English version, the English version controls.