Terms of Service & End User License Agreement

Part A — Website and purchase terms

A1. Accepting these terms

By creating an account, placing an order or using sysmarshal.com, you agree to these terms. If you accept them for an organisation, you confirm you are authorised to bind it, and “you” means that organisation.

A2. Your account

Give us accurate details and keep them up to date. Keep your password and licence keys secret. You are responsible for activity on your account and for anyone you let use your licence keys. Tell us at once if you think your account or a key has been misused.

A3. Licences and orders

• SYSMarshal offers a Professional licence, which runs for one year from purchase, and a 30-day Trial covering up to 5 machines. The price is shown when you buy.
• One licence key covers one PC or server. Buy one licence for each machine you want to protect. Every licence on your account belongs to the same site, so all your machines share one threat picture (your Site data). You can add licences to your account at any time.
• A key is locked to the machine it is first installed on. To move it to another machine, uninstall SYSMarshal from the old machine with the SYSMarshal installer, which frees the key. If the old machine is gone, ask support to transfer it.
• After payment, your licence keys are issued with your order. The keys and the software are licensed to you under Part B. They are licensed, not sold.
• When a licence expires, licensed features and the SYSMarshal cloud services stop working for it until the licence is renewed. The software shows your expiry date in advance.
• We may refuse or cancel an order, for example if a price was shown in error or we suspect fraud. If we cancel after you have paid, we refund what you paid for that order.

A4. AI balance

AI features use a prepaid balance. Each AI request uses part of it, depending on the size of the request and the answer, and the remaining balance is shown in the software. You can top it up from the store.

A5. Refunds

Refunds are governed by section 9 of Part B. To ask for one, open a support ticket and tell us your order number and what went wrong.

A6. Using this website

Don’t misuse the website. In particular, don’t attempt to break or bypass its security, probe it for vulnerabilities without our written permission, overload it, scrape it with automated tools, or use it to break the law.

A7. Privacy

Our Privacy Notice explains what information we collect through the website and the software, and how we use it.

A8. Changes

We may update these terms. The effective date at the top shows when they last changed. Changes apply from that date to new orders and continued use of the website.

A9. Law and contact

These terms are governed by the laws of the State of Georgia, as set out in section 13 of Part B. Questions: support@sysmarshal.com.

Part B — End User License & Services Agreement

SYSDBA Inc. — SYSMarshal Security Platform

This is a legal agreement between you (Licensee — an individual or single entity) and SYSDBA Inc. (SYSMarshal Security Software) for use of the SYSMarshal Security Platform, its applications, databases, tools, and related services. By installing, copying, or otherwise using the software, you agree to be bound by the terms of this Agreement.

1Definitions

“Platform” means the SYSDBA Inc. (SYSMarshal Security Software Product Line) SYSMarshal Security hosted software system, applications, all local and central databases, GPS tools, location images, Webviewer accuracies of location, or Google coordinates, investigations, analysis tools, playbooks, confidence intervals, management tools, reporting systems, and related services. This is professional security software designed to be used by professional IT personnel and engineers, but can be used by less technical personnel if very highly trained to do so. There is no warranty of very accurate location data, or that a non-technical user will be able to gain the same insight from using the software as a professional IT person of Senior Engineer status.

“Licensee Data” means any data generated, uploaded, or entered by Licensee — including security data, threat data, playbook output data, playbook resolution output, investigations, artifacts, disallowed or allowed IPs, attachments, results, and reports. Ownership of Licensee Data and of central data is set out in Section 3.

2License Grant

Subject to payment of applicable fees and compliance with this Agreement, SYSMarshal Security grants Licensee a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform for lawful business or governmental purposes, including security purposes intended within the SYSMarshal concepts of protection and monitoring, assessment, management, imagery, investigations, capture, storage, and reporting. Licensee pays a fee per time period as detailed on the SYSMarshal website when purchased, for usage.

The software is licensed per machine: each license key activates the software on one computer and is bound to that computer’s hardware identifier when the software is installed. All license keys purchased under one Licensee account form a single site and share that site’s threat data. A license key may be moved to another computer by uninstalling the software from the original computer with the SYSMarshal installer, which releases the key, or, if the original computer is no longer available, by contacting SYSMarshal support for a transfer request. Once a key is moved, the software cannot be used on the old computer — only the new computer — and Licensee understands that the software has protections in place to prevent one license key being used on multiple computers, either one at a time or simultaneously.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

You may install and use the SOFTWARE PRODUCT on one computer for each license key you have purchased. You may not use one license key on more than one computer at the same time. Each SOFTWARE PRODUCT KEY allows for the registration of the SOFTWARE on one computer. The SOFTWARE PRODUCT KEY is subject to the restrictions set forth in this license agreement and may not be distributed, either with your applications or in any other way.

3Hosted Service & Infrastructure

The Platform is hosted, maintained, and operated by SYSMarshal Security or its infrastructure providers. All servers, databases, system architecture, application code, and software logic remain the exclusive property of SYSMarshal Security. Any theft of intellectual property or hacking will be prosecuted to the full extent of the law.

4No Responsibility for Licensee Hardware or Environment

SYSDBA Inc. (SYSMarshal Security Software) is not responsible for Licensee servers, computers, printers, infrastructure, tablets, mobile devices, cameras, network equipment, internet connectivity, operating system failures, device battery degradation, GPU or driver failures, antivirus conflicts, hardware malfunctions, or data loss caused by device failure, device blacklisting, or lockouts. Most of these issues are easily preventable and corrected, and it is recommended that users understand the software before placing it into critical environments.

Licensee assumes full responsibility for device maintenance, compatibility, maintenance of blacklists and whitelists, and correct usage — and to understand how important these concepts are to the outcome or protection offered.

5Security Responsibilities

SYSDBA Inc. (SYSMarshal Security Software) implements commercially reasonable security safeguards for hosted infrastructure, and encrypts data in transit between the software and the hosted services using industry-standard TLS encryption. Licensee is responsible for protecting login credentials, securing local devices, maintaining device security updates, and complying with applicable data protection laws.

SYSDBA Inc. (SYSMarshal Security Software) is not liable for breaches caused by compromised Licensee devices or credentials, or lockout of any devices or services due to SYSMarshal untrained usage or misuse.

6Restrictions

Licensee shall not reverse engineer, decompile, or attempt to access source code; circumvent authentication controls; copy, replicate, or resell the Platform; or use the Platform to create competing software.

7No Professional or Legal Determination

The Platform is a DFIR + AI security software system with SIEM and SOAR concepts. SYSDBA Inc. (SYSMarshal Security Software) does not determine the outcome of investigations, provide legal advice, guarantee regulatory compliance, or certify assessments. All security and blacklist determinations or decisions remain the sole responsibility of Licensee.

8Warranty Disclaimer

9Limitation of Liability

To the maximum extent permitted by law, SYSDBA Inc. (SYSMarshal Security Software) shall not be liable for hardware or software damage, lost revenue, lost profits, business interruption, public record errors, or indirect, incidental, or consequential damages.

Total aggregate liability shall not exceed the fees paid by Licensee in the twelve (12) months preceding the claim. Refunds are strictly only given when it is clearly determined that the software was responsible for issues — and not the infrastructure, lack of proper security protocols, unsecured components, or the untrained or non-technical user using the software that was responsible for the issue(s).

10Indemnification

Licensee agrees to indemnify and hold SYSDBA Inc. (SYSMarshal Security Software) harmless from claims arising from Licensee misuse, improper valuation practices, regulatory non-compliance, unauthorized data disclosure, hijacking from non-secure environments, or use of unsupported hardware environments.

11Term & Termination

This Agreement remains effective while Licensee maintains an active subscription or service relationship. SYSDBA Inc. (SYSMarshal Security Software) may suspend or terminate access for non-payment, security threats, material breach, or illegal use.

12Government Entities

If Licensee is a governmental entity, Licensee is responsible for compliance with public records laws. Nothing in this Agreement waives sovereign immunity where applicable. Conflicting procurement terms must be addressed in a separately executed written agreement.

13Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Georgia, and the parties hereby consent to the personal jurisdiction and venue therein.

14Entire Agreement

This Agreement constitutes the entire agreement between the parties, unless superseded by a separately executed Master Services Agreement (MSA) agreed upon by Licensee and the SYSMarshal sales or technical team.