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Terms and Conditions

v1.0 draft

AIceberg Terms and Conditions

Draft for Legal Review

Last Updated: [DATE]

1. Acceptance of Terms

By accessing or using AIceberg's AI Trust Platform services ("Services"), you ("Customer," "you," or "your") agree to be bound by these Terms and Conditions ("Agreement"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

2. Description of Services

AIceberg provides an AI Trust, Risk, and Security Management (TRiSM) platform that enables organizations to safely, securely, and compliantly adopt generative and agentic AI technologies. Our Services include:

  • Real-time AI interaction monitoring and analysis
  • Data loss prevention (DLP) for AI applications
  • Security signal detection (prompt injection, jailbreaking, etc.)
  • Safety signal monitoring (PII, PHI, PCI, toxicity, illegality detection)
  • Compliance reporting and audit trails
  • Custom risk signal development capabilities

3. Subscription Plans and Fees

3.1 Subscription Terms

Services are provided on a subscription basis. Available plans include SaaS, Hybrid, and Private Cloud (PaaS) deployments as detailed in your Order Form or service agreement.

3.2 Payment Terms

  • Fees are due in advance and non-refundable except as expressly stated
  • Invoices are payable within thirty (30) days of invoice date
  • Late payments may incur interest charges of 1.5% per month
  • We reserve the right to suspend Services for non-payment after written notice

3.3 Price Changes

We may modify subscription fees with sixty (60) days' written notice. Changes will apply to subsequent renewal periods.

4. Data Processing and Privacy

4.1 Customer Data

You retain all rights, title, and interest in your data processed through our Services ("Customer Data"). We process Customer Data solely to provide Services as described in our Data Processing Agreement.

4.2 Privacy-First Architecture

  • No third-party external services are used in data processing
  • All AI analysis occurs within your designated environment (SaaS, Hybrid, or PaaS)
  • Data minimization principles apply—we only process data necessary for service delivery
  • Customer Data is not used for model training or improvement without explicit consent

4.3 Data Location and Residency

For customers requiring specific data residency, we offer deployment options to ensure data remains within required geographical boundaries.

4.4 Data Retention and Deletion

  • Customer Data is retained only as long as necessary to provide Services
  • Upon termination, Customer Data will be deleted within thirty (30) days unless legally required to retain
  • Customers may request data deletion at any time during the subscription period

5. Acceptable Use Policy

5.1 Permitted Use

You may use our Services only for lawful business purposes in accordance with this Agreement and applicable laws.

5.2 Prohibited Activities

You may not:

  • Use Services to violate any applicable laws or regulations
  • Attempt to reverse engineer, decompile, or disassemble our software
  • Interfere with or disrupt the integrity or performance of Services
  • Attempt to gain unauthorized access to our systems or networks
  • Use Services to process illegal content or facilitate illegal activities
  • Resell or redistribute Services without written authorization

6. Security and Compliance

6.1 Information Security

We maintain industry-standard security measures including:

  • SOC 2 Type II compliance (where applicable)
  • Data encryption in transit and at rest
  • Regular security assessments and penetration testing
  • Access controls and audit logging

6.2 Compliance Frameworks

Our Services are designed to support compliance with:

  • GDPR (General Data Protection Regulation)
  • HIPAA (Health Insurance Portability and Accountability Act)
  • PCI DSS (Payment Card Industry Data Security Standard)
  • SOX (Sarbanes-Oxley Act)
  • NIST AI Risk Management Framework

6.3 Government and Defense Applications

Special terms apply for government and defense sector customers, including enhanced security requirements and U.S.-based operations.

7. Intellectual Property Rights

7.1 AIceberg IP

We retain all rights, title, and interest in our Services, including software, algorithms, methodologies, and related intellectual property.

7.2 Customer IP

You retain all rights to your intellectual property. We claim no ownership rights in Customer Data or your pre-existing intellectual property.

7.3 Feedback and Suggestions

Any feedback or suggestions you provide may be used by us without restriction or compensation.

8. Service Level Agreement

8.1 Uptime Commitment

We strive to maintain 99.7% uptime for our SaaS Services, measured monthly excluding scheduled maintenance.

8.2 Performance Standards

  • Average analysis time: <xxxms for standard prompts
  • Maximum analysis time: xxxms for any input size (guaranteed)
  • Real-time threat detection and alerting

8.3 Support

Support is provided according to your subscription plan:

  • Business hours: Monday-Friday, 9 AM - 6 PM (Eastern, excluding national holidays)
  • Emergency support available for critical security incidents
  • Technical documentation and training materials provided

9. Limitation of Liability

9.1 Disclaimer of Warranties

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9.3 AI Technology Limitations

You acknowledge that AI technology has inherent limitations and that our Services may not detect all risks or threats. You remain responsible for implementing comprehensive security measures.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

  • Your use of Services in violation of this Agreement
  • Your Customer Data or its processing
  • Your violation of applicable laws or third-party rights

11. Termination

11.1 Termination for Convenience

Either party may terminate this Agreement with thirty (30) days' written notice.

11.2 Termination for Cause

Either party may terminate immediately upon:

  • Material breach that remains uncured after thirty (30) days' written notice
  • Insolvency, bankruptcy, or assignment for benefit of creditors
  • Violation of Acceptable Use Policy

11.3 Effect of Termination

Upon termination:

  • Access to Services will cease
  • Outstanding fees become immediately due
  • Data deletion procedures will commence as described in Section 4.4

12. Miscellaneous

12.1 Governing Law

This Agreement is governed by the laws of [STATE/JURISDICTION] without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration in [LOCATION] under the rules of the American Arbitration Association.

12.3 Entire Agreement

This Agreement, together with any Order Forms and the Data Processing Agreement, constitutes the entire agreement between the parties.

12.4 Amendments

This Agreement may only be modified in writing signed by both parties or through updated terms posted on our website with thirty (30) days' notice.

12.5 Severability

If any provision is found unenforceable, the remainder of this Agreement remains in full force and effect.

12.6 Force Majeure

Neither party shall be liable for delays or failures due to causes beyond their reasonable control.

13. Contact Information

For questions about these Terms and Conditions, please contact:

AIceberg Legal Department
 Email: legal@aiceberg.ai
Address: [COMPANY ADDRESS]