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Terms of Service

Effective: Last updated:

These Terms of Service (“Terms”) are a legally binding agreement between you (“Customer,” “you,” or “your”) and Fimil, Inc., a Delaware corporation (“Fimil,” “we,” “us,” or “our”), governing your access to and use of the Fimil application security platform, website, APIs, and related services (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

1. Definitions

  • “Service” means the Fimil platform, including the scanning engine, the autonomous penetration-testing agent, the web application, APIs, MCP server, and CLI.
  • “Customer Data” means data you submit to or generate through the Service, including source code accessed for scanning, scan results and findings, and configuration.
  • “Target” means a repository, application, endpoint, or system that you direct the Service to scan or test.
  • “Documentation” means the usage and technical documentation we make available.

2. Accounts and eligibility

You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. You must be at least 18 years old and use the Service for business purposes. Notify us promptly at security@fimil.dev of any unauthorized use.

3. The Service and subscription plans

The Service is offered under tiered plans (for example Free, Team, Business, and Enterprise), which differ in features, usage limits, and support. Plan details and current pricing are presented at sign-up or in your order. We may modify features of the Service over time; material adverse changes to a paid plan during a paid term will be handled in accordance with Section 8.

4. Fees and payment

Paid plans are billed in advance on a recurring basis through our payment processor, Stripe. Unless stated otherwise, fees are non-refundable except as required by law or expressly stated in these Terms or an applicable order. Certain features may be metered and billed based on usage. You authorize us (and Stripe) to charge your payment method for all fees due. Late or failed payments may result in suspension. Fees are exclusive of taxes, which are your responsibility.

5. Authorization to scan and acceptable use

You may only direct the Service to scan or test Targets that you own or are explicitly authorized to scan or test. Penetration-test policies require you to attest to your authorization for each Target. Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms, and your use of the autonomous penetration-testing agent is additionally governed by the AI-Pentest Addendum. You are solely responsible for ensuring you have all rights and authorizations necessary for the Targets you submit.

6. Customer Data and intellectual property

As between the parties, you retain all rights in your Customer Data. You grant us a limited, non-exclusive license to access, process, and use Customer Data solely to provide, secure, and improve the Service and as described in our Privacy Policy. We retain all rights in the Service, the Documentation, and our software, models, and trademarks. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service except as expressly permitted.

7. Confidentiality

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and contractors bound by confidentiality obligations, or as required by law.

8. Term, termination, and suspension

These Terms apply while you use the Service. You may cancel at any time; paid plans remain active through the end of the current billing period. We may suspend or terminate your access for material breach (including violations of the Acceptable Use Policy), non-payment, or to comply with law or protect the Service or others. Upon termination, your right to use the Service ceases and we will handle Customer Data as described in the Privacy Policy and, where applicable, the Data Processing Agreement.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Service performs automated security testing and AI-assisted analysis; it does not guarantee the discovery of all vulnerabilities, the absence of false positives or false negatives, or the security or compliance of any Target. Security decisions remain your responsibility.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You will defend, indemnify, and hold harmless Fimil from claims, damages, and costs arising from your Customer Data, your Targets, your violation of these Terms or the Acceptable Use Policy, or your scanning or testing of any system you were not authorized to scan or test.

12. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute will be resolved by binding arbitration on an individual basis, except that either party may seek injunctive relief in court for misuse of intellectual property or confidential information. You and Fimil waive any right to a jury trial and to participate in a class action.

13. General

Acceptance. You accept these Terms by clicking to accept them or by creating an account or using the Service. If you do not accept them, do not use the Service.

Enterprise customers. These Terms govern website and self-serve use of the Service. If you and Fimil enter into a signed Master Subscription Agreement or Order Form, that agreement governs your subscription and controls over these Terms to the extent of any conflict.

Force majeure. Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or utility failures, and acts of government.

Survival. Provisions that by their nature should survive termination — including Sections 4 (to the extent of accrued fees), 6, 7, 9, 10, 11, 12, and this Section 13 — survive.

Export control and sanctions. You will comply with all applicable export-control, import, and economic-sanctions laws and regulations, including those of the United States (such as the Export Administration Regulations and the regulations administered by the U.S. Treasury’s Office of Foreign Assets Control). You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not on any government denied-, restricted-, or sanctioned-party list. You will not use the Service — including the penetration-testing agent — to scan, test, or provide a benefit to any person, system, or destination prohibited by those laws.

These Terms, together with the policies incorporated by reference, are the entire agreement between the parties regarding the Service. We may update these Terms; material changes will be notified through the Service or by email and take effect as stated in the notice. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

14. Contact

Questions about these Terms: legal@fimil.dev. Fimil, Inc., 2093 Philadelphia Pike, Suite #2016, Claymont, DE 19703, USA.