Terms of Service
Last updated: March 1, 2025
Please read these Terms of Service carefully before using Kwawrk's services. These Terms constitute a legally binding agreement between you and Kwawrk, Inc. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Acceptance of Terms
1.1 Agreement
By accessing or using Kwawrk's cybersecurity compliance platform and related services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
1.2 Modifications
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, notifying you by email. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
2. Description of Services
2.1 Platform
Kwawrk provides a cloud-based platform for cybersecurity compliance automation, including tools for SOC 2, ISO 27001, GDPR, TPRM, and other security frameworks. The specific features available to you depend on your subscription plan.
2.2 Service Changes
We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
2.3 Beta Features
We may offer beta or preview features that are not yet generally available. These features are provided "as is" and may be discontinued at any time. Your use of beta features is subject to any additional terms we communicate to you.
3. Accounts and Access
3.1 Account Registration
To use the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
3.2 Authorized Users
You may grant access to the Services to your employees and contractors ("Authorized Users") in accordance with your subscription plan. You are responsible for ensuring that all Authorized Users comply with these Terms.
3.3 Account Security
You must notify us immediately at security@kwawrk.com of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to maintain account security.
4. Acceptable Use
4.1 Permitted Use
You may use the Services only for lawful purposes and in accordance with these Terms. You agree to use the Services for your internal business purposes and not to resell or sublicense access to third parties without our prior written consent.
4.2 Prohibited Activities
You must not: (a) use the Services to transmit unlawful, harmful, or malicious content; (b) attempt to gain unauthorized access to our systems; (c) interfere with the proper operation of the Services; (d) reverse engineer or decompile any part of the Services; (e) use the Services to build a competing product; or (f) violate any applicable laws or regulations.
5. Customer Data
5.1 Ownership
You retain all rights, title, and interest in and to the data you submit to the Services ("Customer Data"). By submitting Customer Data, you grant us a limited license to process it solely to provide the Services to you.
5.2 Data Processing
Our processing of personal data contained in Customer Data is governed by our Data Processing Agreement (DPA), which is incorporated into these Terms. If you require a signed DPA for compliance purposes, please contact legal@kwawrk.com.
5.3 Data Export
You may export your Customer Data at any time through the Services. Upon termination of your account, we will retain your data for 30 days, during which you may request an export. After this period, we will delete your Customer Data in accordance with our data retention policies.
6. Payment and Billing
6.1 Fees
You agree to pay all fees associated with your subscription plan as described on our pricing page or in your order form. All fees are in US dollars and non-refundable except as expressly stated in these Terms.
6.2 Billing Cycle
Subscription fees are billed in advance on a monthly or annual basis depending on your plan. We will charge your payment method on file on each billing date.
6.3 Upgrades and Downgrades
You may upgrade or downgrade your plan at any time. Upgrades take effect immediately and are prorated. Downgrades take effect at the start of the next billing period.
7. Intellectual Property
7.1 Kwawrk IP
The Services and all related technology, including software, algorithms, user interfaces, and documentation, are owned by Kwawrk and protected by intellectual property laws. Nothing in these Terms grants you any rights in our intellectual property.
7.2 Feedback
If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide license to use that feedback without compensation or attribution to you.
8. Limitation of Liability
8.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KWAWRK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO KWAWRK IN THE TWELVE MONTHS PRECEDING THE CLAIM.
9. Termination
9.1 Termination by You
You may terminate your account at any time by contacting us or through your account settings. Termination does not entitle you to a refund of any prepaid fees.
9.2 Termination by Kwawrk
We may suspend or terminate your access to the Services immediately upon notice if you breach these Terms, fail to pay fees when due, or if required by law. We may also terminate the Services for any reason with 30 days notice.
10. Governing Law and Disputes
10.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
10.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction.
11. Contact
Legal Inquiries
For questions about these Terms of Service, please contact us at legal@kwawrk.com. For security-related concerns, contact security@kwawrk.com.
Our legal team is here to help with enterprise agreements, DPAs, and compliance documentation.