TERMS OF USE FOR SOFTWARE AND SERVICES
These terms of use were last updated in September 2025
IMPORTANT NOTICES TO ALL USERS:
- WE DO NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM BUGS OR DEFECTS OR THAT IT WILL PERFORM AS INTENDED.
- IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ARE NOT AUTHORIZED TO ACCESS AND USE THE SOFTWARE AND OUR SERVICES OR ACCEPT THESE TERMS OF USE YOU MUST NOT ACCESS THIS SOFTWARE.
- YOU ACKNOWLEDGE THAT YOU ARE AUTHORIZED TO ACCESS THE SOFTWARE AND OUR SERVICES AND HAVE AUTHORITY TO ACCEPT THESE TERMS OF USE ON BEHALF OF A BUSINESS ENTITY.
1. Right to Use the Software and Our Services
Onda AI, Inc., and its affiliates including Onda AI Limited, Onda SAS, Onda Insurance Services, Inc., and CKRe Ltd., doing business as Onda (“Onda” or “We”), are granting you an account to access the Software and our Services, described more fully below, in consideration of your agreement to read, abide and be bound by these terms of use (“Terms of Use”) and Onda’s Software and Services Privacy Notice.
2. Restrictions
2.1 Except as expressly set out in these Terms of Use or as permitted by any local law, you undertake:
(A) not to copy content, reports, processes and intellectual property associated with the Software or our Services except for your personal use or where such copying is incidental to normal use of the Software or Services, or where it is necessary for the purpose of back-up or operational security;
(B) not to copy, lease, sub-license, loan, translate, merge, adapt, vary, or modify the Software;
(C) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(D) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that by virtue of section 296A of the Copyright, Designs and Patents Act 1988 of the United Kingdom, or Section 1201(f) of the Digital Millenium Copyright Act, or other federal or state trade secret laws of the United States, such actions cannot be prohibited, for example, because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Software with another software program;
(ii) is not necessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software which is substantially similar to the Software;
(E) to take commercially reasonable efforts to keep login information to the Software and our Services secure and to ensure the Software input, content, features, capabilities and design, and other aspects which may reasonably be considered by a businessperson to be commercially sensitive, are kept confidential before, during and after your access and use the Software;
(F) to provide accurate and truthful information where requested, and to keep information provided accurate and up to date at all times;
(G) to take commercially reasonable efforts to supervise and control access to the Software and ensure that the Software is used in accordance with these Terms of Use by you and any users for whom you have requested, and we have granted, access to the Software on your behalf (“Authorized Users”);
(H) to ensure that any passwords to access the Software are not shared with any other and that no unauthorized access to the Software is granted;
(I) not to interfere with, remove, deface, or alter our copyright notice regarding the Software;
(J) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person who is not an Authorized User without prior written consent from us;
(K) to inform us immediately if you suspect that anyone you know may be breaching these terms and provide us with full details of such suspected breach; and
(L) to comply with all applicable technology control, export, information security, and privacy laws and regulations.
2.2 Our cyber insurance administration system is currently available only to Onda employees and their designees, while our cyber risk assessment, telemetry, threat assessment software and dashboards (collectively “Software and/or Services” ) are available to users who have current access to our cyber insurance administration system, customers who have purchased cyber insurance policies and brokers who have entered into a Terms of Business Agreement (ToBA) with an Onda affiliate (collectively “Authorized Users”).
2.3 The Software and Services are being made available for use for you and Authorized Users and not anyone else. You acknowledge that the Software and Services are in a version and their method of functionality, operation, content and features are confidential and should be treated accordingly. You agree to ensure that your account information, the Software and Services are kept confidential and to adhere to any security requirements we may stipulate from time to time.
3. Intellectual Property Rights
3.1 You acknowledge that all intellectual property rights in the Software and Services that may exist anywhere in the world belong to us, and that you have no rights in, or to, the Software andServices other than the right to use it in accordance with these Term of Use.
3.2 You further acknowledge that the Software is used to provide free, automated, online scanning of specified devices and domains, integrated software and applications to identify security vulnerabilities against published security standards, a dashboard for the analysis of security vulnerabilities, and ongoing cyber risk monitoring (collectively “Services”) to you. All intellectual property rights that may exist anywhere in the world relating to the Services or the underlying Software are hereby assigned to us with full title guarantee.
3.3 You agree that all intellectual rights in any improvements, modifications, adaptations, alterations or changes to the Software and Services made as a result of your use and any feedback solely belong to us and no other party has any rights to such feedback. If we so require you shall enter into any additional documents that we may reasonably require to give full effect to this clause.
3.4 You hereby acknowledge that you have no right to have access to the Software in source code form.
4. Exclusion of Liability and Warranties
4.1 We shall have no liability of any kind in any circumstances whatever including without limitation negligence (except for death and personal injury caused by our negligence) to you/your employer/or the business entity that authorizes your use in respect of our Software and Services and that we give no warranty of any kind in respect of the Software and Services. For the same reasons, all statutory and implied warranties, terms and conditions are excluded to the full extent allowed by law.
You agree that you have sole responsibility for the protection of your data during your use of the Software and Services and that we shall have no liability in any circumstances whatever including without limitation of negligence for any data loss or corruption.
4.2 We do not warrant that the Services or Software will be free from bugs and defects.
4.3 Risk scanning reports generated from web scans and offered as part of our Services are based upon information provided and gathered on the internet. The scanning results are indicative and should not be a substitute for a comprehensive security audit. We do not guarantee that the reports will be accurate, complete or suitable for your or any purposes.
4.4 If you use the Software and Services to perform risk scans, you represent that you are authorized to act on behalf of the company or legal entity having contractual usage rights granted by an ISP or are licensed to use any and all Internet Protocol addresses scanned and the computer equipment or software installed on such devices.
5. Change and Termination
5.1 We may update, modify, remove, add, change, suspend or discontinue the Software or Services and these Terms of Use at our sole discretion at any time, including availability, functionality or content. We may also limit or restrict or remove access to our Software or Services at any time without notice or liability.
5.2 We may terminate these Terms of Use at will and without reason.
5.3 On termination for any reason:
(a)all rights granted to you under these Terms of Use shall cease;
(b) you must immediately cease all activities authorized by these Terms of Use; and
(c) you must (in accordance with our agreement with your employer) immediately and permanently delete or remove access to the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all documents, files, reports, videos, screenshots or materials then in your possession related to the Services or Software, its content or use in your custody or control. You must further co-operate with the business entity authorizing your use on its behalf with any additional return and destruction obligations in relation to any other materials made available to you in connection with the Software.
6. Communications Between Us
6.1 We may update these Terms of Use at any time on notice to you in accordance with this Clause 6. Your continued use of the Software following the deemed receipt and service of the notice under Clause 6.3 shall constitute your acceptance to the terms of these Terms of Use, as varied. If you do not wish to accept these Terms of Use (as varied) you must immediately stop using and accessing the Software on the deemed receipt and service of the notice.
6.2 If we have to contact you, we will do so by email or by pre-paid post to any address you have provided us with.
6.3 Note that any notice:
(a) given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three business days after the date of posting of any letter; and
(b) given by you to us will be deemed received and properly served 24 hours after an email is sent, or three business days after the date of posting of any letter.
Please note that for the purpose of this clause the term “business day” shall be deemed to be a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
6.4 In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
7. Events Outside Our Control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 7.2.
7.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
8. How We May Use Personal Data
8.1 To access the Services or Software you must register for an account, which will require you to provide us with some information about yourself and the company that is authorizing your access to the Services and Software, such as your name, email address, location, or other contact information and technical information, such as your internet protocol (IP) address, login data and browser type. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account, if you believe that your account is no longer secure or no longer needed, then you should immediately notify us at support@onda.ai
8.2 Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of individual (such as yourself) who use the Software and for what purposes, and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in [Onda AI, Inc’s Privacy Notice] re: Software and Services and it is important that you read that information.
8.3 If permitted by your current subscription to the Service or Software, you may request that we grant other in your organization status as “Authorized Users”, providing the ability to access the Service by creating an authorized user account. Authorized Users who access the Service will be required to provide us with some information about themselves, such as their name, email address, or other contact information. You are responsible for the accuracy and completeness of all information provided by Authorized Users. When Authorized Users register, they will be asked to create a password. You are solely responsible for ensuring Authorized Users maintain the confidentiality of their account and password, and you accept full responsibility for all actions of your Authorized Users as if they were your own. We will have no liability to Authorized Users under any circumstances. If you believe that the account of an Authorized User is no longer secure or no longer needed, then you should immediately notify us at support@onda.ai
9. Third-Party Terms
9.1 Third-Party Services and Linked Websites. We may provide tools through the Service or Software that enable you to transmit information, including Personal or Company Information to third-party services. Third-party services are not under our control, and we are not responsible for any third-party services’ use of your exported information. Please be sure to review the terms of use and privacy policy of any third-party services before you share any Customer Content or information with such third-party services. Once sharing occurs, we will have no control over the information shared.
9.2 Third-Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
10. Other Important Terms
10.1 We may transfer our rights and obligations under these Terms of Use to another organization, but this will not affect your rights or our obligations under these Terms of Use.
10.2 You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
10.3 These Terms of Use constitute the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter.
10.4 You acknowledge that in entering into these Terms of Use you do not rely on and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms of Use.
10.5 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Use.
10.6 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
10.7 A delay or failure to exercise, or the single or partial exercise of any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
10.8 Each of the clauses in these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
10.9 These Terms of Use, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
You should print and retain a copy of these Terms of Use for future reference.