Terms of Service

These Terms of Service (the "Terms") are a binding agreement between Acumen Risk Ltd., a company incorporated under the laws of the State of Israel ("Acumen Risk", "we", "us"), and the organization or individual accessing or using the Acumen Cloud platform ("you", the "Customer"). By creating an account, accessing, or using the Service, you accept these Terms. If you accept on behalf of an organization, you represent that you have authority to bind that organization.

1. The Service

Acumen Cloud is a self-service, software-as-a-service risk management platform that helps organizations assess, manage, and monitor operational risks through scenario-based analysis, threat scoring, barrier modeling, incident tracking, and related features (the "Service"). The features available to you depend on the subscription tier you select. We may improve, extend, or modify the Service over time, provided that we will not materially reduce the core functionality of a paid subscription during its current billing period.

2. Accounts and Eligibility

• The Service is intended for business and professional use. You must be at least 18 years old to create an account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@acumenrisk.cloud if you suspect unauthorized use.
• You must provide accurate registration and billing information and keep it up to date.

3. Subscriptions, Fees, and Payment

Paid tiers of the Service are sold as recurring subscriptions, billed in advance for each billing period at the prices published on our pricing page or otherwise agreed in writing.

Payments are processed by Paddle. Our order process is conducted by our online reseller and Merchant of Record, Paddle (Paddle.com Market Ltd. and its affiliates). Paddle provides all customer service inquiries related to payments and handles billing, payment collection, applicable taxes (such as VAT or sales tax), invoicing, and refunds. When you purchase a subscription, you also agree to Paddle's terms of use for buyers, available at paddle.com/legal/checkout-buyer-terms.

• Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Cancellation. You may cancel at any time from your billing settings or by contacting us. Cancellation takes effect at the end of the current billing period, and you retain access to paid features until then.
• Changes. Upgrades take effect immediately with a prorated charge; downgrades take effect at the next renewal. We may change prices with at least 30 days' notice; changes apply from your next renewal.
• Refunds. Refunds are governed by our Refund Policy.
• Free tier and trials. We may offer a free tier or trial periods. We may change or withdraw free offerings at any time.

4. Customer Data

You retain all rights to the data you or your users submit to the Service, including asset, assessment, and incident data ("Customer Data"). You grant us a limited license to host, process, transmit, and display Customer Data solely as needed to provide and support the Service, and as described in our Privacy Policy. You are responsible for the accuracy and lawfulness of Customer Data and for having the rights needed to submit it. We may use aggregated, de-identified usage data that does not identify you or any person to operate and improve the Service.

5. Acceptable Use

You agree not to, and not to permit any user to:

• use the Service in violation of applicable law or third-party rights;
• attempt to gain unauthorized access to the Service, other customers' data, or our systems, or probe, scan, or test their vulnerability except with our prior written consent;
• interfere with or disrupt the integrity or performance of the Service, including by overloading, flooding, or reverse engineering it;
• resell, sublicense, or provide the Service to third parties as a service bureau;
• upload malicious code or use the Service to store or transmit unlawful material.

We may suspend access for material breach of this section, with notice where practicable.

6. Intellectual Property

The Service, including its software, design, threat scenario and barrier libraries, methodologies, and documentation, is owned by Acumen Risk and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription, for your internal business purposes, in accordance with these Terms. No rights are granted except as expressly set out here. Feedback you provide may be used by us without restriction or obligation.

7. Important Disclaimer About Risk Information

The Service provides tools, scores, libraries, and analytical models that support risk management decision-making. Risk scores, threat scenarios, barrier effectiveness values, and related outputs are informational estimates based on models and the data you provide. They are not professional, legal, insurance, engineering, or safety advice, and they do not guarantee that any risk will or will not materialize. You remain solely responsible for your risk management decisions, for compliance with laws and standards applicable to your organization, and for obtaining professional advice where appropriate.

8. Warranties and Disclaimers

We provide the Service with commercially reasonable skill and care and aim for high availability, but the Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Service will be uninterrupted or error-free. Nothing in these Terms excludes liability that cannot be excluded by law, including mandatory consumer rights where they apply.

9. Limitation of Liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill; and (b) each party's total aggregate liability arising out of or related to these Terms is limited to the amounts you paid for the Service in the 12 months preceding the event giving rise to the claim (or USD 100 if you use only a free tier). These limits do not apply to your payment obligations, your breach of Section 5, either party's infringement of the other's intellectual property, or liability that cannot be limited by law.

10. Indemnification

You will defend and indemnify Acumen Risk against third-party claims arising from Customer Data or your use of the Service in breach of these Terms. We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes their intellectual property rights.

11. Term, Suspension, and Termination

These Terms apply for as long as you have an account. Either party may terminate for material breach that remains uncured 30 days after written notice. On termination or expiry, your access ends; for 30 days thereafter you may request an export of your Customer Data, after which we may delete it in accordance with our Privacy Policy.

12. Changes to These Terms

We may update these Terms from time to time. For material changes we will give at least 30 days' notice by email or in-product notice, and the changes will apply from your next renewal or, for free accounts, from the effective date stated in the notice. Continued use of the Service after the effective date constitutes acceptance.

13. General

• Governing law and venue. These Terms are governed by the laws of the State of Israel, without regard to conflict of laws rules, and the competent courts of Tel Aviv-Yafo have exclusive jurisdiction. Mandatory consumer protections of your country of residence remain unaffected where they apply.
• Assignment. Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger or sale of substantially all assets.
• Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement regarding the Service and supersede prior discussions. If any provision is unenforceable, the remainder stays in effect.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

14. Contact

Acumen Risk Ltd.
Email: support@acumenrisk.cloud