Terms of Service

Welcome to Baseguard. These Terms of Service ("Terms") govern your access to and use of Baseguard's zero-trust mesh VPN service, including our website, software, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization. In that case, "you" and "your" will refer to that organization.

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

Baseguard provides a zero-trust mesh VPN service that enables secure, peer-to-peer network connections with fine-grained access controls. Our Service includes:

• Secure peer-to-peer VPN connectivity using WireGuard technology
• Access control lists (ACLs) for network resource management
• Organization and team management features
• Multi-platform support (macOS, Windows, Linux, iOS, Android)
• Web-based management console
• API access for automation and integration

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept all responsibility for activity that occurs under your account
• Notify us immediately of any unauthorized use of your account

You are solely responsible for safeguarding your account credentials. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

As a user of the Service, you are responsible for:

• Compliance with all applicable laws and regulations
• Proper configuration and management of your network access controls
• Maintaining appropriate security measures on your devices and networks
• Monitoring and controlling access within your organization
• Reporting any security vulnerabilities or incidents to us promptly
• Ensuring your use of the Service does not violate any third-party rights

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to any systems or networks
• Interfere with or disrupt the integrity or performance of the Service
• Engage in any activity that could harm Baseguard or its users
• Circumvent any security or access control measures
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service for any illegal or unauthorized purpose
• Resell or redistribute the Service without our prior written consent
• Send spam, phishing attempts, or unsolicited communications

We reserve the right to investigate and take appropriate legal action against anyone who violates this Acceptable Use Policy, including suspending or terminating their account.

The Service and all content, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by Baseguard, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes. This license does not include any rights to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer or attempt to extract the source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Service for the benefit of any third party

You retain all rights to your data and content that you submit to the Service. By using the Service, you grant us a limited license to use, store, and process your data solely to provide the Service.

Access to certain features of the Service may require payment of fees. You agree to pay all applicable fees as described on our pricing page or in your service agreement. All fees are non-refundable unless otherwise stated or required by law.

We reserve the right to change our fees at any time. We will provide you with reasonable notice of any fee changes, and such changes will become effective at the start of your next billing period.

If you fail to pay any fees when due, we may suspend or terminate your access to the Service. You are responsible for all costs of collection, including reasonable attorneys' fees.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you agree to our Privacy Policy and consent to our data practices as described therein.

We implement industry-standard security measures to protect your data, including end-to-end encryption for all network traffic. However, you acknowledge that no security measure is perfect and we cannot guarantee absolute security.

We strive to provide reliable and available Service, but we do not guarantee that:

• The Service will be available at all times or without interruption
• The Service will be error-free or secure from unauthorized access
• Any defects or errors will be corrected
• The Service will meet your specific requirements

We may modify, update, or discontinue any aspect of the Service at any time. We will provide reasonable notice of any material changes that negatively impact your use of the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Baseguard does not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. You use the Service at your own risk.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BASEGUARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED THROUGH THE SERVICE
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT

IN NO EVENT SHALL BASEGUARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BASEGUARD IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Baseguard, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws or regulations
• Any content or data you submit to the Service

Either party may terminate these Terms at any time by providing written notice to the other party. We may also suspend or terminate your access to the Service immediately, without notice, for any reason, including:

• Violation of these Terms or our Acceptable Use Policy
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Upon your request

Upon termination, your right to use the Service will immediately cease. We may delete your account and any associated data after termination. Sections of these Terms that by their nature should survive termination will survive, including provisions regarding intellectual property, disclaimers, indemnification, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, either party may seek equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

If you have any questions about this document, please contact us at:

legal@baseguard.net