Terms of Use

These Terms of Use ("Terms") constitute a binding agreement between you and Guardway AI, Inc. ("Guardway", "we", "us", or "our"). By creating an account, accessing our website at guardway.ai, using the application at app.guardway.ai, or integrating with any Guardway API, you agree to these Terms. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation.

If you do not agree to these Terms, do not access or use the Service.

"Service" means the Guardway AI platform, including the AI gateway, endpoint scanner, guardrail engine, dashboard, APIs, and any related documentation.

"Customer Data" means all data you transmit to or through the Service, including AI traffic (prompts, model responses, tool calls), endpoint scan results, agent configurations, MCP server manifests, and any metadata generated by the Service in connection with your data.

"User" means any individual who accesses the Service under your account, including employees, contractors, and agents acting on your behalf.

Guardway AI provides an integrated platform for AI security, governance, and observability. The Service includes: (a) AI Endpoint Scan, which inventories AI agents, MCP servers, plugins, and configurations on enrolled devices using read-only scans; (b) an AI gateway that routes requests to upstream AI providers, applying guardrails, spend controls, and policy enforcement; (c) a guardrail engine that evaluates prompts and responses against configurable rules for content, PII, injection, topics, token limits, cost, and custom logic; and (d) a dashboard for visibility, risk scoring, drift detection, and AI bill of materials.

The Service is available as a SaaS deployment or as a self-hosted container. Feature availability may vary by deployment type and plan.

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at security@guardway.ai if you become aware of any unauthorised access to your account. We are not liable for losses arising from unauthorised use of your credentials unless caused by our negligence.

We may suspend or terminate accounts that violate these Terms, pose a security risk to the platform or other users, or remain inactive for more than 12 consecutive months.

You agree to use the Service only for lawful purposes and in compliance with these Terms. You may not: (a) use the Service to facilitate illegal activity or to violate the rights of others; (b) interfere with or disrupt the Service, its infrastructure, or other users; (c) attempt to gain unauthorised access to systems, accounts, or data not intended for you; (d) reverse-engineer, decompile, or disassemble the Service, except to the extent permitted by applicable law; (e) resell, sublicence, or redistribute access to the Service without our prior written consent.

Automated access to the Service is permitted only through our documented APIs and within published rate limits. We reserve the right to throttle or block requests that exceed those limits.

You retain all rights to your Customer Data. By using the Service, you grant Guardway a limited, non-exclusive licence to process your Customer Data solely as necessary to operate and deliver the Service, including applying guardrails, enforcing policies, generating analytics, and providing audit logs.

We do not use your Customer Data, including AI prompts and model responses, to train, fine-tune, or improve any machine learning model, whether ours or any third party's.

When the AI gateway routes a request to an upstream AI provider, the prompt and associated metadata are transmitted to that provider according to its own terms and privacy policy. You are responsible for ensuring that your use of third-party AI providers through the Service complies with their terms.

For self-hosted deployments, all AI traffic data remains within your infrastructure. Guardway-operated systems receive only the telemetry and metadata you explicitly configure for export.

All software, documentation, designs, and other materials provided as part of the Service are owned by Guardway AI or its licensors and are protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand assets except as needed to use the Service.

You retain ownership of your Customer Data and any configurations, custom guardrail rules, or policies you create within the Service. Guardway does not claim ownership of your content.

Feedback, suggestions, or feature requests you voluntarily provide may be used by Guardway without restriction or obligation.

Certain features of the Service require a paid subscription. Fees are stated on our pricing page or in a separate order form. All fees are quoted in US dollars unless otherwise specified.

Paid subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. You may cancel at any time through the application; cancellation takes effect at the end of the current billing period.

We may change pricing with at least 30 days' notice. Price changes apply at the start of the next billing cycle following the notice period. If you do not agree to a price change, you may cancel before it takes effect.

Overdue payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend access to the Service if payment is more than 15 days overdue.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service. Confidential information includes, without limitation, Customer Data, technical specifications, security reports, and pricing terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of these Terms; (b) was already known to the receiving party without restriction; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law, provided the disclosing party is notified where legally permitted.

These Terms are effective from the date you first access the Service and continue until terminated. Either party may terminate for convenience with 30 days' written notice.

Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within 15 days of written notice.

Upon termination, your right to access the Service ceases. You may request an export of your Customer Data within 30 days of termination; after that period, we will delete your data in accordance with our Privacy Policy.

Sections that by their nature should survive termination (including Intellectual Property, Confidentiality, Limitation of Liability, and Indemnification) will remain in effect.

Guardway warrants that: (a) the Service will perform materially in accordance with its documentation; and (b) we will not materially reduce the functionality of the Service during your subscription term.

Except as expressly stated above, the Service is provided "as is" and "as available." To the fullest extent permitted by law, Guardway disclaims all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Guardway does not warrant that the Service will detect all security threats, prevent all data breaches, or block all policy violations. The Service is a tool to support your security and compliance posture; it does not replace professional security advice or human oversight.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business opportunities, arising out of or related to these Terms or the use of the Service.

Guardway's total aggregate liability for all claims arising under these Terms is limited to the fees you paid to Guardway in the 12 months preceding the claim. This cap does not apply to Guardway's obligations under the Confidentiality or Indemnification sections.

You agree to indemnify and hold harmless Guardway, its officers, directors, and employees from any third-party claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of applicable law; or (c) your Customer Data, including any claim that it infringes a third party's rights.

Guardway will indemnify you against third-party claims that the Service, as provided by Guardway, infringes a valid patent, copyright, or trademark in the jurisdiction where you use it, provided you promptly notify us and cooperate in the defence.

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

If you process personal data through the Service and require a Data Processing Agreement (DPA), contact us at security@guardway.ai. Our standard DPA covers Standard Contractual Clauses for international data transfers.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Any dispute arising under these Terms will first be submitted to good-faith negotiation for at least 30 days. If negotiation does not resolve the dispute, either party may submit it to binding arbitration under the rules of the American Arbitration Association, conducted in English in Wilmington, Delaware.

Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

We may update these Terms from time to time. When we make material changes, we will notify you at least 30 days before the changes take effect, either by email or through a notice in the application.

Continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you may terminate your account before they take effect.

Assignment: you may not assign these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of substantially all of our assets.

Severability: if any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

Entire Agreement: these Terms, together with the Privacy Policy, any applicable order form, and any DPA, constitute the entire agreement between you and Guardway regarding the Service and supersede all prior agreements.

No Waiver: failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other.

Force Majeure: neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, pandemic, or infrastructure failures.

For questions about these Terms, contact us at security@guardway.ai.