Terms of Service

1. What the service does

agent red provides autonomous AI operators that carry out security testing, including reconnaissance, vulnerability scanning, penetration testing and red team activity, against systems that you own or are authorized to test. Operators run through agents that you deploy inside your own environment, and the results (findings, evidence, reports and related intelligence) are made available in the console.

You acknowledge that the Service simulates real attacks. Testing may disrupt, degrade or damage the systems tested, and is performed solely at your risk. You are responsible for deciding what is tested, for starting and approving operations, and for the outcome of those operations, including any interruption or loss that results.

2. Accounts

You must provide accurate registration information, keep your credentials secure, and promptly tell us of any unauthorized use of your account. You are responsible for all activity under your account and organization, including the actions of your users, the agents you deploy, and the operations you approve. You must be at least 18 years old and able to form a binding contract to use the Service.

3. Authorization to test

You may only direct the Service at systems, networks, applications and assets that you own or for which you hold explicit, written authorization from the owner to perform the testing in question. Before an asset is tested we may require you to prove control of it, for example by adding a DNS TXT record or a file, and before intrusive operations begin we may require signed rules of engagement. These controls are safeguards, not a substitute for your own legal responsibility.

You represent and warrant that you have, and will maintain, all authorizations, approvals and permissions required for every test you start, including those of any hosting provider, cloud provider, customer or other third party whose rights could be affected.

4. Acceptable use

You agree that you will not, and will not allow anyone else to:

• use the Service against any system you do not own or are not authorized to test, or exceed the scope you have been authorized to test;
• use the Service to cause harm, to steal, destroy or exfiltrate data you are not entitled to access, to deploy malware or ransomware outside an authorized test, or to carry out denial of service attacks against systems outside your authorized scope;
• use the Service for any unlawful purpose or in violation of applicable law, including computer misuse, export control and sanctions laws;
• attempt to bypass, disable or tamper with ownership verification, scope enforcement, approval gates, spend limits or other safety controls;
• interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to the Service or its related systems or networks;
• share your account, or sell, lease, sublicense or otherwise make the Service available to third parties except as permitted by these Terms;
• build a substitute or competing service using the Service or our intellectual property, or decompile, disassemble or reverse engineer the software included in the Service, except to the extent applicable law permits it despite this restriction.

5. Suspension

We may suspend or restrict access to all or part of the Service, with notice where practicable, if we reasonably believe that your use poses a threat to the security, availability or integrity of the Service or another customer, violates these Terms or applicable law, or exposes us to legal or third-party liability. Where we can, we will limit the suspension to the affected component, user or agent and restore access once the cause is remedied. We may suspend access immediately and without notice where we reasonably believe an ongoing operation is being directed at systems you are not authorized to test.

6. Your data and the results

“Customer Data” means the data you or your agents submit to the Service, and the findings, evidence, reports and other output generated for you by operators. As between you and us, you own your Customer Data. You grant us a limited license to host, process and display it as needed to provide, secure, support and improve the Service for you.

Testing may capture sensitive information from the systems tested, including credentials and personal data. You are responsible for ensuring you are entitled to collect and process that information and for configuring operations accordingly.

We may create and use anonymized and aggregated data derived from use of the Service, in a form that does not identify you, your systems or any individual, to operate, improve and secure the Service and to publish aggregate statistics.

7. AI-generated output and third-party AI models

The Service uses artificial intelligence models, some provided by third parties. AI output may be inaccurate, incomplete or non-deterministic. The Service will not find every vulnerability, and an absence of findings is not a guarantee that a system is secure. You are responsible for reviewing findings and for any decision or action you take based on them. Where you bring your own model provider key, your use of that provider is also subject to its own terms.

8. Fees and payment

The Service is billed on the usage-based meters described on our pricing page, or as otherwise agreed in writing. Usage is charged against a prepaid balance, and operators stop when the balance reaches zero. Promotional or launch credits have no cash value, may expire, and may be withdrawn or modified at our discretion.

Fees are exclusive of taxes, levies and similar governmental charges, which you are responsible for, other than taxes on our net income. Payments are processed by a third-party payment processor, and you authorize us and that processor to charge your selected payment method. Except where required by law or stated otherwise in writing, fees are non-refundable and prepaid balances are not redeemable for cash. We may change our prices on notice to you, and changes apply to usage after the effective date.

9. Intellectual property

The Service, including all software, technology, content, attack techniques, payloads and tradecraft, and all improvements to them, are owned by Agent Red LLC and its licensors. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service for your own internal business purposes. No other rights are granted by implication or otherwise. Parts of the Service may be made available under open source licenses, in which case those licenses govern those parts.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

10. Confidentiality

Each party may receive non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential, including your Customer Data and findings. The receiving party will use such information only to perform or exercise rights under these Terms, will protect it with reasonable care, and will disclose it only to personnel and advisers who need to know it and are bound by equivalent obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party, and disclosure required by law is permitted after notice to the other party where legally allowed.

11. Security and privacy

We maintain reasonable technical and organizational measures designed to protect the Service and Customer Data, as described on our security page. We will notify you without undue delay after we become aware of a security breach affecting your Customer Data. No system is perfectly secure, and you are responsible for the security of the environments in which you deploy agents and for the access you grant to your own users. Our handling of personal information is described in our Privacy Policy.

12. Changes to the service

The Service evolves, and we may add, change or remove features. If we make a change that materially reduces the core functionality you have paid for, we will give you reasonable advance notice where practicable. We may disable content or functionality that is the subject of an infringement or legal claim.

13. Term and termination

These Terms apply from when you first sign up or use the Service and continue until terminated. You may stop using the Service and close your account at any time. We may terminate your access if you materially breach these Terms and do not remedy the breach within fifteen (15) days of notice, or immediately if the breach is incapable of remedy, if a suspension under Section 5 is not resolved within thirty (30) days, or if we stop offering the Service.

On termination, your right to use the Service ends, and amounts you owe become due. You may export your Customer Data before closing your account. We will delete or anonymize Customer Data within a reasonable period after termination, except where we must retain it by law or in routine backups. Sections that by their nature should survive termination will do so, including Sections 3, 6 (as to anonymized data), 9, 10, 14 through 17 and 19.

14. Disclaimer of warranties

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, Agent Red LLC disclaims all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, that it will identify every vulnerability, or that its output will be accurate or complete. You acknowledge that the Service simulates real intrusions and that you take full responsibility for the consequences of its use, including consequences of relying on its findings.

15. Limitation of liability

To the fullest extent permitted by law, Agent Red LLC will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or business, or for the cost of substitute services, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages. Our total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of the fees you paid to us in the twelve (12) months before the event giving rise to the claim and one hundred US dollars ($100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or willful misconduct. The limitations in this Section do not apply to your indemnification obligations or to your breach of Sections 3 and 4.

16. Indemnification

You will defend, indemnify and hold harmless Agent Red LLC, its affiliates and their respective officers, members, employees and agents from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) any test or operation you start against a system you did not own or were not authorized to test; (c) your Customer Data; or (d) a claim by a third party that your use of the Service infringes or violates its rights.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The parties will first try to resolve any dispute informally by written notice and good faith negotiation for thirty (30) days. Any dispute not so resolved will be brought exclusively in the state or federal courts located in Delaware, and each party consents to their jurisdiction and venue, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Changes to these terms

We may revise these Terms from time to time. The current version is always available on this page. For material changes we will notify you, for example by email or in the console. If you continue to use the Service after a revision takes effect, you agree to the revised Terms.

19. General

• Entire agreement. These Terms, together with the Privacy Policy and any written order or agreement we sign with you, are the entire agreement between us regarding the Service. If a signed agreement conflicts with these Terms, the signed agreement prevails.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
• No waiver; severability. A failure to enforce a provision is not a waiver. If a provision is held unenforceable, the rest remain in effect.
• Relationship. The parties are independent contractors. These Terms create no partnership, agency or employment relationship, and there are no third-party beneficiaries.
• Notices. We may give you notice by email to the address on your account or through the console. Notices to us must be sent to legal@agent-red.si.

Contact

Agent Red LLC
legal@agent-red.si