Terms of Service

1. Acceptance of Terms

By accessing or using the 40T Secure AI platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use the Service.

2. Description of Service

40T Secure AI provides an AI-powered cookie and AI compliance risk intelligence platform. The Service includes: automated website scanning for cookies, scripts, AI trackers, and compliance violations; compliance analysis across global jurisdictions; risk scoring and violation reporting; evidence chain generation with cryptographic evidence integrity; API access for programmatic scanning; and continuous monitoring capabilities.

3. Account Registration

To access certain features, you must create an account. You agree to: provide accurate and complete registration information; maintain the security of your account credentials; promptly notify us of any unauthorized use of your account; and accept responsibility for all activities that occur under your account.

4. Subscription Plans & Billing

4.1 Plans

We offer Starter (free), Professional ($999/mo), Business ($2,999/mo), Enterprise ($7,999/mo), and Regulator ($15,000/mo) plans. API access is available on Professional and above at $0.05 per compliance check event. Annual subscriptions receive a 20% discount. Current pricing is available at 40tsecureai.com/dashboard/billing.

4.2 Billing

Paid subscriptions are billed monthly or annually in advance. API usage is billed monthly in arrears based on actual usage. All payments are processed through Stripe. Prices are in US dollars and exclude applicable taxes.

4.3 Cancellation & Refunds

You may cancel your subscription at any time through the billing dashboard or Stripe Customer Portal. Upon cancellation, your subscription remains active through the end of the current billing period. Refunds are provided on a case-by-case basis at our discretion. Contact support@40tsecureai.com for refund requests.

4.4 Free Tier

The free tier provides limited access as described on our pricing page. We reserve the right to modify free tier limits at any time. Abuse of the free tier (including creating multiple accounts) may result in account suspension.

5. Acceptable Use

You agree not to: use the Service to scan websites without authorization from the website owner (when applicable); attempt to overwhelm target websites with excessive scanning; reverse engineer, decompile, or disassemble the Service; share API keys or account credentials with unauthorized parties; use the Service for any illegal purpose; resell or redistribute scan results without authorization; or interfere with the operation of the Service.

6. Intellectual Property

The Service, including all software, algorithms, AI models, compliance rules, user interface, and documentation, is owned by 40T Secure AI and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

Scan results generated for your account belong to your organization. You may use, share, and distribute your scan reports as needed for your compliance purposes.

7. Data Processing & Controller Obligations

7.1 Role of the Parties

40T Secure AI acts as a data processor operating under your instruction when scanning websites you designate. You are the data controller for all scan activity initiated through your account. You are responsible for ensuring you have lawful authority to instruct 40T to scan the target domain.

7.2 Scanning Authorization

7.3 Data Minimization

40T Secure AI does not retain raw personal data from scanned pages. Our scan engine visits publicly accessible URLs, extracts technical compliance signals (cookie names, script sources, consent mechanism behavior), and discards raw page content after analysis. Scan results stored in your account contain technical findings only — not personal data of website visitors.

7.4 Processing Activities

When scanning a website, 40T processes: (a) publicly accessible HTML, JavaScript, and network requests; (b) cookie names, domains, and retention periods; (c) consent mechanism behavior across three test scenarios; (d) AI service identifiers and loading sequence. No user authentication data, form submissions, or private pages are accessed.

7.5 Data Processing Agreement

Enterprise and Business customers requiring a signed Data Processing Agreement (DPA) for GDPR Art.28 compliance may request one by contacting support@40tsecureai.com. The DPA governs the processing of personal data by 40T on behalf of the customer and includes Standard Contractual Clauses where applicable.

7.6 Indemnification for Unauthorized Scanning

You agree to indemnify, defend, and hold harmless 40T Secure AI from any claims, damages, fines, or legal costs arising from your scanning of domains without proper authorization, your misuse of scan results, or your violation of applicable data protection laws in connection with your use of the Service.

For data protection terms regarding your own personal data held by 40T, please refer to our Privacy Policy.

8. API Terms

If you access the Service via API: you must authenticate all requests with a valid API key; you are responsible for securing your API keys; rate limits apply as specified in the API documentation; metered API usage is billed at $0.50 per call; and we reserve the right to throttle or suspend API access for abuse.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control. Enterprise customers with SLA agreements are governed by their specific SLA terms.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 40T SECURE AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless 40T Secure AI from any claims, losses, or damages arising from: your use of the Service; your violation of these Terms; your violation of any third-party rights; or any action taken based on scan results or compliance reports.

12. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. Upon termination, your right to use the Service ceases immediately. Data deletion follows the retention schedule in our Privacy Policy.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Contact