Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the gjalla software platform (the "Service") operated by gjalla, Inc. ("gjalla," "we," "us," or "our"). Please read these Terms carefully, and contact us if you have any questions. By checking the agreement box during account registration or by accessing our Service after explicitly agreeing to these Terms, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

gjalla, Inc. may modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service, or updating the "Last Updated" date at the beginning of these Terms. Your continued use of the Service will confirm your acceptance of the revised Terms. If you do not agree to the modified Terms, you should discontinue your use of the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years old;
• You have not previously been suspended or removed from the Service; and
• Your registration and use of the Service is in compliance with any and all applicable laws and regulations.

3. User Accounts

To use certain features of our Service, you must register for an account. When you register, you will be required to provide accurate and complete information and to keep this information current. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify gjalla immediately of any breach of security or unauthorized use of your account.

You may never use another user's account without permission. gjalla will not be liable for any losses caused by any unauthorized use of your account.

Preview accounts. Running gjalla scan creates a preview account for you automatically. We're in beta, so our early customers are extremely meaningful for steering our platform roadmap. Full account access can be requested by sending an email to ellie@gjalla.io. Preview accounts that have not converted to full accounts within 60 days are deleted.

4. Subscription Plans and Payment

4.1 Subscription Plans

gjalla offers several subscription plans with different features and limitations. Pricing and available features for each plan are described on our website. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans.

4.2 Free Trial

We may offer a free trial of our Service. The duration of the free trial period and other details will be specified during sign-up. We reserve the right to modify or terminate free trials at any time without notice.

4.3 Payment

You agree to pay all fees applicable to your subscription plan. All payments are non-refundable unless expressly stated otherwise or required by law. You will provide gjalla with accurate and complete billing information, including legal name, address, telephone number, and payment method information.

If you do not pay on time or if gjalla cannot charge your payment method for any reason, gjalla reserves the right to either suspend or terminate your access to the Service and terminate these Terms.

4.4 Changes to Pricing

gjalla may change the fees for its subscription plans, including recurring subscription fees. When applicable, gjalla will provide reasonable prior notice of changes to the applicable fees. If you do not agree to the price change, you have the right to reject the change by canceling your subscription before the price change goes into effect.

5. Intellectual Property Rights

5.1 gjalla Content

The Service and its original content, features, and functionality are and will remain the exclusive property of gjalla, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of gjalla, Inc.

5.2 License to Use the Service

Subject to these Terms, gjalla, Inc. grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your personal or internal business purposes.

5.3 Feedback

If you provide gjalla, Inc. with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to gjalla, Inc. all rights in such Feedback and agree that gjalla, Inc. shall have the right to use and fully exploit such Feedback in any manner it deems appropriate. gjalla, Inc. will treat any Feedback you provide as non-confidential and non-proprietary.

6. User Content

6.1 Content Responsibilities

The Service allows you to upload, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it. By uploading User Content, you represent and warrant that:

• You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to gjalla the rights in such User Content, as contemplated under these Terms; and
• All of your User Content does and will comply with these Terms.

6.2 Platform Outputs

The Service may generate analysis, documentation, summaries, architectural diagrams, security audits, vulnerability assessments, code reviews, rule and policy evaluations, verification checks, or other outputs based on your User Content ("Platform Outputs"). You acknowledge and agree that:

• gjalla is not responsible for the accuracy, integrity, quality, legality, or usefulness of Platform Outputs;
• Platform Outputs are provided for informational and convenience purposes only and are not intended as a replacement for your own professional judgment;
• It is solely your responsibility to review Platform Outputs and confirm their accuracy before relying on them;
• Platform Outputs may be inaccurate, incomplete, or contain errors;
• gjalla expressly disclaims any warranty that Platform Outputs will be accurate, error-free, or complete;
• gjalla shall not be liable for any loss or damage resulting from your reliance on Platform Outputs.

gjalla strongly advises against making any business, technical, or other important decisions based solely on Platform Outputs without independent verification.

6.2.1 Security Audits, Vulnerability Assessments, and Code Analysis

Without limiting the generality of Section 6.2, Platform Outputs that take the form of security audits, vulnerability scans, threat assessments, penetration test summaries, secure-coding evaluations, rule or policy checks, dependency reviews, or any other security-related analysis (collectively, "Security Outputs") are subject to additional disclaimers. You acknowledge and agree that:

• Security Outputs are produced by automated systems, including large language models and other machine-learning components, which are probabilistic, non-deterministic, and known to produce false positives, false negatives, and incomplete results;
• Security Outputs do not constitute a professional security audit, certification, attestation, accreditation, compliance assessment, or legal opinion, and must not be represented as such to any third party;
• gjalla does not warrant or guarantee that Security Outputs will identify all (or any) security vulnerabilities, defects, misconfigurations, weaknesses, exploits, malicious code, supply-chain risks, data-exposure risks, compliance gaps, or other issues present in your code, configurations, dependencies, infrastructure, or systems;
• gjalla makes no representation or warranty that code, applications, systems, or environments analyzed or modified in response to Security Outputs are secure, safe, free of vulnerabilities, fit for production, or compliant with any law, regulation, framework, or industry standard (including but not limited to OWASP, NIST, ISO 27001, SOC 2, PCI-DSS, HIPAA, or GDPR);
• Remediating, mitigating, or otherwise acting on a finding identified in a Security Output does not imply that the underlying issue has been resolved, that related issues have been identified, or that no other vulnerabilities exist;
• You are solely responsible for the security of your code, applications, systems, data, users, and customers, including for independently validating any findings, engaging qualified security professionals where appropriate, and conducting your own testing prior to deployment or release;
• gjalla shall not be liable for any security incident, breach, intrusion, data loss, data exposure, downtime, regulatory action, claim by any third party, or any other loss or damage arising out of or related to (a) issues that a Security Output failed to identify, (b) issues mischaracterized by a Security Output, (c) your reliance on a Security Output, or (d) the security posture of any code or system that has been analyzed, generated, modified, or reviewed using the Service.

Security Outputs are an aid to, not a substitute for, your own security review and professional judgment. Do not deploy or release code to production in reliance on Security Outputs alone.

6.3 No Obligation to Monitor

gjalla has no obligation to monitor User Content, but may do so and may remove any User Content at any time in its sole discretion, with or without notice.

6.4 Confidentiality

gjalla will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of your User Content. We will not disclose User Content except as compelled by law or as expressly permitted in writing by you. Source code uploaded to the Service is processed as needed to provide the Service functionality and is then deleted in accordance with our data retention policies.

7. Design Partner Program

7.1 Design Partner Agreement

Selected users may be invited to participate in gjalla, Inc.'s Design Partner Program ("Program"). Design Partners gain early access to features, provide feedback on product development, and collaborate closely with our team to shape the future of the Service.

7.2 Additional Terms for Design Partners

Design Partners agree to additional terms including:

• Confidentiality: Design Partners acknowledge they may receive access to confidential and proprietary information, pre-release features, and product roadmaps. This information is provided under mutual non-disclosure and must not be shared with third parties without prior written consent from gjalla, Inc.
• Feedback and Collaboration: Design Partners agree to provide constructive feedback, participate in scheduled calls and workshops, and collaborate in good faith on product development initiatives.
• Early Access Features: Features provided through the Design Partner Program may be experimental, incomplete, or subject to change. gjalla, Inc. makes no warranties regarding the functionality, performance, or future availability of such features.
• Mutual Non-Disclosure: Both parties agree to maintain confidentiality of all shared information, including but not limited to business strategies, technical implementations, customer data (appropriately anonymized), and product development plans.

7.3 Design Partner Benefits

Design Partners may receive benefits including priority support, extended trial periods, discounted pricing, co-marketing opportunities, and attribution in case studies (with prior approval). Specific benefits are detailed in individual Design Partner agreements.

8. Customer Offerings and Professional Services

gjalla is a technology company and does not provide professional services. The Service and Platform Outputs are technology offerings provided for informational and convenience purposes only. They are not intended to provide, and should not be relied upon for, professional advice of any kind.

gjalla assumes no responsibility for your services, solutions, offerings, operations, or other business activities (your "Customer Offerings"), including any use of the Service or Platform Outputs in connection with your Customer Offerings. You are solely responsible for:

• Providing and delivering your Customer Offerings to your clients and customers;
• Ensuring your Customer Offerings meet applicable professional, regulatory, and legal requirements;
• Resolving all disputes with your clients and customers;
• Any professional services you provide to third parties.

gjalla expressly disclaims any liability for your Customer Offerings and any claims, issues, or interactions with your clients, customers, or user base, including those related to your use of the Service or Platform Outputs.

9. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate gjalla, a gjalla employee, another user, or any other person or entity;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by gjalla, may harm gjalla or users of the Service or expose them to liability;
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
• To reverse engineer, decompile, or disassemble the Service or any part thereof;
• To attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

10. Termination

You may terminate these Terms at any time by canceling your account and discontinuing your use of the Service. If you cancel, you may use your subscription until the end of your current billing period, but you will not receive a refund for any fees already paid.

gjalla may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. gjalla AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

NEITHER gjalla NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED, OR THAT THE SERVICE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

IN NO EVENT WILL gjalla, ITS AFFILIATES, SUPPLIERS, OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF gjalla HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE.

IN NO EVENT WILL gjalla'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO gjalla FOR THE SERVICE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify and hold harmless gjalla, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

14. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you hereby consent to the jurisdiction of such courts.

15. General Terms

15.1 Entire Agreement

These Terms constitute the entire agreement between you and gjalla, Inc. regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and gjalla, Inc.

15.2 Waiver

The failure of gjalla, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without gjalla, Inc.'s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. gjalla, Inc. may freely assign or transfer these Terms without restriction.

15.5 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

16. Contact Information

If you have any questions about these Terms, please contact us at info@gjalla.io.