Terms of Service

Effective Date: 2026-09-15

Last updated: 2026-09-15

These Terms of Service (these “Terms”) are a binding agreement between Sminter & Sminter, LLC, a Delaware limited liability company, doing business as Appwarden (“Appwarden,” “we,” “us,” or “our”), and the individual or organization that accesses or uses the Service (“Customer,” “you,” or “your”). If you accept these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization, and “Customer” refers to that organization.

By creating an account, clicking “I agree,” starting a trial, or accessing or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Definitions

• “Service” means Appwarden’s hosted platform, APIs, dashboards, edge middleware packages, monitoring infrastructure, quarantine/“lock page” functionality, incident response tooling (including Discord, Slack, and PagerDuty integrations), and related documentation.
• “Customer Properties” means the websites, applications, domains, infrastructure, and systems that you register, monitor, or protect with the Service.
• “Customer Data” means data, content, and information submitted to or processed by the Service by or on behalf of Customer, including data about visitors to Customer Properties (“Visitor Data”).
• “Subscription” means a paid plan for the Service purchased through our merchant of record.
• “Third-Party Services” means third-party products and services that interoperate with the Service, such as chat and paging platforms, code hosting providers, payment processors, and hosting/CDN providers.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You authenticate using third-party identity providers (such as Discord or Slack); you are responsible for the security of those credentials and for all activity under your account. You must provide accurate registration information and keep it current. You are responsible for the acts and omissions of your organization’s members, and for managing their permissions within the Service. Notify us promptly at support@appwarden.io of any unauthorized access.

3. The Service

3.1 What we provide

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right during the Subscription term to access and use the Service to monitor and protect Customer Properties that you own or are authorized to manage. The Service includes website content monitoring, quarantine controls (including lock pages delivered through edge middleware installed on your properties), and incident notification and response workflows delivered through Third-Party Services you connect.

3.2 Changes to the Service

We may modify, update, or discontinue features of the Service at any time. If a change materially reduces the functionality of a paid Subscription during your current term, we will provide reasonable advance notice.

3.3 Beta features

We may offer features labeled alpha, beta, preview, or similar (“Beta Features”). Beta Features are provided as-is, may be changed or withdrawn at any time, are excluded from the Service Level Agreement in Section 7, and may be subject to additional terms.

4. Trials, Subscriptions, and Billing

4.1 Trials

New organizations may receive a 14-day free trial. A payment method is required to start a trial, but no charge is made until the trial ends. Unless you cancel before the trial ends, your selected Subscription begins and your payment method is charged automatically at the end of the trial.

4.2 Merchant of record

Purchases are processed by Paddle.com Market Ltd. or its affiliates (“Paddle”), our merchant of record. Paddle calculates, collects, and remits applicable taxes and appears on your payment statements. Your purchase is also subject to Paddle’s buyer terms and Paddle’s privacy policy. We do not store your full payment card details.

4.3 Auto-renewal and cancellation

Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price unless you cancel first. You may cancel at any time through the billing portal in the dashboard or by emailing support@appwarden.io. Cancellation takes effect at the end of the current paid term; you retain access until then.

4.4 Failed payments

If a payment fails, we or Paddle may retry the charge and your account may enter a past-due state. If payment is not recovered, your Subscription may be cancelled, in which case monitoring stops and the dashboard becomes read-only.

5. Refund Policy

5.1 Fees are non-refundable except where required by law

Because every Subscription begins with a 14-day free trial and no charge is made until the trial ends, all fees are non-refundable and non-creditable once charged, except (a) as stated in Section 5.2 and (b) where a refund, withdrawal, or other remedy applies to you under mandatory consumer-protection law (including consumer guarantees under the Australian Consumer Law and EEA/UK distance-selling rules), which this Section does not exclude, restrict, or modify. Where no such mandatory right applies, this includes partial billing periods, unused time, plan downgrades, and annual Subscriptions cancelled mid-term. When you cancel, the cancellation takes effect at the end of your current paid term and you keep access until then; no prorated refunds or credits are issued except as stated above.

5.2 Statutory consumer rights

If you are a consumer, nothing in these Terms limits statutory rights that cannot lawfully be waived. In particular, EEA and UK consumers ordinarily have a 14-day right of withdrawal from distance contracts. However, when you start a trial or purchase a Subscription, you expressly request and consent to immediate performance and access to the Service, and you acknowledge that (a) you lose the right of withdrawal once the Service has been fully performed, and (b) for digital content, the right of withdrawal is lost once access begins with your prior express consent and acknowledgment. Where a withdrawal or refund right legally applies to you, contact support@appwarden.io and any refund required by law will be processed through Paddle. Refund decisions are made by Appwarden in accordance with this Section 5 and applicable law; approved refunds are executed by Paddle as merchant of record. Nothing in Paddle’s buyer terms expands or reduces the refund rights described in this Section.

5.3 Chargebacks

Contact us at support@appwarden.io before initiating a chargeback; most billing issues resolve faster that way. We may suspend or terminate access for chargebacks that are not resolved in good faith, and you remain responsible for all amounts owed.

6. Acceptable Use and Customer Responsibilities

You will not, and will not permit anyone to:

1. Use the Service for any property you do not own or lack written authorization to monitor or control, or use quarantine features to deceive, defraud, or harm third parties.
2. Violate any law, regulation, third-party right, or the terms of any Third-Party Service connected to your account.
3. Reverse engineer, probe, scan, or test the vulnerability of the Service, interfere with its operation, or circumvent security controls, authentication, or rate limits.
4. Resell, sublicense, rent, or provide service-bureau access to the Service without our prior written consent.
5. Use the Service in life-critical, safety-critical, or other high-risk environments where failure could cause death, personal injury, or severe property damage.
6. Upload or transmit malware, or use the Service to store or distribute unlawful, infringing, or deceptive content.

You are responsible for: maintaining the security of your own systems, credentials, API tokens, and middleware configurations; keeping your software patched and your infrastructure hardened; maintaining independent backups of your content and data; and the accuracy and lawfulness of Customer Data.

7. Service Level Agreement

7.1 Availability target

We use commercially reasonable efforts to make the hosted components of the Service (dashboard, APIs, and monitoring infrastructure) available at least 99.9% of the time in each calendar month, excluding Excused Downtime (“Availability”).

Availability is measured per calendar month as: (total minutes in the month − minutes of unavailability of the hosted dashboard and APIs, as recorded by our monitoring probes) ÷ total minutes in the month. A minute counts as unavailable when more than 5% of our synthetic probe requests to the dashboard or core API endpoints fail with 5xx errors or timeouts in that minute, excluding Excused Downtime.

7.2 Service credits

If Availability falls below 99.9% in a calendar month, you are eligible for a credit equal to 10% of the fees paid for that month (for annual Subscriptions, 10% of one-twelfth of the annual fee), applied to future invoices. Credits are non-refundable, non-transferable, and expire on termination.

7.3 Claims

To claim a credit, email support@appwarden.io within 30 days after the end of the affected month with the dates, times, and scope of the unavailability. Service credits are your sole and exclusive remedy, and our entire liability, for any failure to meet the availability target.

7.4 Excused Downtime

“Excused Downtime” means unavailability caused by: scheduled or emergency maintenance; factors outside our reasonable control (force majeure); your acts or omissions; your hosting, DNS, domain registrar, or edge-platform accounts (including Cloudflare or Vercel environments where the middleware executes); failures of Third-Party Services; Beta Features; or suspension of your account for breach of these Terms.

7.5 Scope

This SLA covers only the hosted Service. It does not apply to the availability, performance, or content of Customer Properties, whether or not a quarantine or lock page is active.

8. Customer Data and Data Processing

8.1 Ownership and license

You retain all right, title, and interest in Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data solely as necessary to provide, secure, and support the Service in accordance with these Terms.

8.2 Roles

As between the parties, for Visitor Data and other personal data you submit, you are the controller (or business) and we are the processor (or service provider). We process such personal data only on your documented instructions, including these Terms and your configuration and use of the Service, unless required by law.

8.3 Our processing obligations

We will: (a) keep Customer Data confidential and ensure personnel are bound by confidentiality obligations; (b) implement appropriate technical and organizational measures designed to protect Customer Data; (c) engage subprocessors only within the categories described in our Privacy Policy (cloud hosting and CDN, database and authentication, payment processing, email delivery, error monitoring, collaboration and incident management, and code hosting), with notice of material changes and an opportunity to object (a current list of named subprocessors is available at Subprocessors); (d) assist you, via support@appwarden.io, with reasonable requests relating to data subject rights; (e) for transfers of personal data from the EEA, UK, or Switzerland to countries without an adequacy decision, rely on the European Commission’s Standard Contractual Clauses (processor module) or an equivalent lawful mechanism; and (f) notify you without undue delay after becoming aware of a personal data breach affecting Customer Data in our systems. On termination, we retain and delete Customer Data as described in our Privacy Policy.

8.4 Your obligations

You are responsible for providing all notices to, and establishing all legal bases for processing, visitors of Customer Properties (including any disclosure that a third-party security service monitors and may restrict access to your properties), and for ensuring your instructions to us are lawful. The content of lock pages presented to your visitors is your responsibility.

8.5 Processing details (GDPR Art. 28)

For the processing described in this Section 8: (a) subject-matter and duration: processing of Customer Data to provide the Service for the Subscription term plus the retention periods stated in the Privacy Policy; (b) nature and purpose: hosting, monitoring, change detection, quarantine/lock-page delivery, incident notification, and support; (c) types of personal data: account data, Visitor Data (visitor IP addresses, request headers and metadata, page content and content diffs), incident records, and notification content, as described in the Privacy Policy; (d) categories of data subjects: your authorized users and visitors to Customer Properties; (e) at your choice on termination, we will delete Customer Data or, on written request made within 30 days after termination, return it in a commonly used format before deletion (residual backup copies are deleted per the Privacy Policy); (f) we will provide reasonable assistance with data protection impact assessments and prior consultations via support@appwarden.io (we may charge a reasonable fee for extensive assistance); and (g) we will make available information reasonably necessary to demonstrate compliance with this Section 8 and, no more than once per year (and additionally after a personal data breach affecting your Customer Data), respond to your written security questionnaire or, where a questionnaire is demonstrably insufficient, permit a remote audit on at least 30 days’ notice, during business hours, subject to confidentiality obligations and scope limits reasonably necessary to protect other customers.

8.6 International transfer mechanism

For transfers of personal data from the EEA to a country without an adequacy decision, the European Commission’s Standard Contractual Clauses (Module 2: controller-to-processor) are incorporated by reference and are deemed entered into by the parties as of the Effective Date, with the parties’ details as stated in these Terms and the annexes completed by reference to this Section 8 and the Privacy Policy. For UK transfers, the UK Addendum to the EU SCCs is incorporated; for Swiss transfers, the EU SCCs apply as adapted for Swiss law. We will reasonably cooperate with transfer impact assessments required under Chapter V of the GDPR.

9. Third-Party Services

The Service interoperates with Third-Party Services, including chat and paging platforms (such as Discord, Slack, and PagerDuty), code hosting providers, payment processors, and hosting/CDN platforms. Your use of any Third-Party Service is solely between you and its provider and is governed by that provider’s terms and privacy policy. We do not control and are not responsible for Third-Party Services, including their availability, security, acts, omissions, or data practices. Incident details and other data you choose to route to a Third-Party Service (for example, notifications posted to your Discord server or Slack workspace) are subject to that provider’s terms, and you authorize us to transmit that data on your instruction. We are not liable for downtime or failures of the Service caused by Third-Party Services.

10. Security Disclaimer and Allocation of Risk

This Section is a fundamental part of our bargain. Please read it carefully.

Nothing in this Section 10 excludes or limits liability that cannot be excluded or limited under applicable law (see Section 15.3).

10.1 No security service is perfect

The Service provides monitoring, detection, alerting, and mitigation tooling. It is not a guarantee of security. No product or service can detect or prevent every threat, vulnerability, or attack, and we do not warrant that the Service will detect every unauthorized change, identify every compromise, alert you within any particular timeframe, or prevent any harm.

10.2 You retain responsibility for your own security

You are solely responsible for the security, integrity, and availability of Customer Properties and your infrastructure, including your code, dependencies, plugins, hosting environment, DNS and registrar accounts, credentials and secrets, access controls, patching, and independent backups. The Service supplements — and is not a substitute for — your own security program, and the Service’s edge middleware executes within platforms and accounts that you or your providers control.

10.3 No liability for security incidents

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPWARDEN (INCLUDING ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS) IS NOT LIABLE FOR ANY BREACH, UNAUTHORIZED ACCESS, COMPROMISE, DEFACEMENT, MALWARE INFECTION, DATA LOSS, DATA CORRUPTION, DATA EXFILTRATION, RANSOMWARE, DENIAL OF SERVICE, DOWNTIME, OR OTHER SECURITY INCIDENT AFFECTING CUSTOMER PROPERTIES, YOUR INFRASTRUCTURE, OR YOUR VISITORS, NOR FOR ANY DAMAGES ARISING FROM ANY OF THE FOREGOING — REGARDLESS OF WHEN THE INCIDENT OCCURRED OR WAS DISCOVERED, AND EVEN IF APPWARDEN’S MONITORING, QUARANTINE, OR OTHER DEFENSIVE FEATURES WERE ACTIVE, INACTIVE, MISCONFIGURED BY YOU OR YOUR TEAM, UNABLE TO DETECT THE INCIDENT, OR DELAYED IN DETECTING OR RESPONDING TO IT.

10.4 Quarantine actions

Quarantine and lock-page actions (whether automatic or manually triggered by you or your team through the dashboard, Discord, Slack, or other integrations) are mitigation tools. We are not liable for any losses arising from the activation of a quarantine, the failure or delay of a quarantine to activate, the deactivation of a quarantine, or the erroneous or unintended activation of a quarantine (including false-positive detections), including lost revenue, lost visitors, reputational harm, or SEO impact. You are responsible for your quarantine configuration, thresholds, and for who on your team is permitted to trigger lock and unlock actions.

10.5 Third-party breaches

We are not liable for breaches, compromises, outages, or other incidents of Third-Party Services or of your other vendors, even where data from the Service was involved or the Third-Party Service was connected to your Appwarden account.

10.6 Monitoring limitations

Monitoring comparisons and content diffs may be incomplete, delayed, or affected by your configuration, caching, dynamic content, or factors outside our control. The Service is one input into your security posture, not a complete security program.

11. Intellectual Property

We and our licensors own all right, title, and interest in the Service, including all software, designs, documentation, and improvements, and all intellectual property rights therein. Except for the limited rights expressly granted in these Terms, no rights are granted to you. If you provide feedback, ideas, or suggestions about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

12. Confidentiality

Each party may receive non-public information of the other that is designated confidential or that reasonably should be understood to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it to third parties except to personnel and advisors bound by confidentiality obligations. These obligations do not apply to information that is or becomes public without breach, was already known, is received from a third party without duty of confidentiality, or is independently developed, nor to disclosures required by law (with notice where permitted). Customer Data remains subject to Section 8 and our Privacy Policy.

13. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE (INCLUDING BETA FEATURES) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT IT WILL DETECT, PREVENT, OR MITIGATE ANY THREAT OR INCIDENT. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you; in that case, the exclusions apply to the fullest extent permitted.

14. Indemnification

14.1 By you

You will defend, indemnify, and hold harmless Appwarden and its members, managers, officers, employees, agents, affiliates, and licensors from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) Customer Data or Customer Properties; (b) your breach of these Terms or the acceptable use requirements in Section 6; (c) your violation of any law or third-party right, including privacy and notice obligations owed to your visitors; or (d) your misuse of the Service.

14.2 By us

We will defend you against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, directly infringes a United States patent, copyright, or trademark, and will indemnify you for damages finally awarded on such claims. We have no obligation for claims arising from: Customer Data or Customer Properties; combinations of the Service with anything not provided by us; modifications not made by us; Beta Features; or your continued use after notice to stop. If the Service is, or in our opinion is likely to become, subject to such a claim, we may procure the right to continue use, modify or replace the Service, or terminate the affected Subscription and refund prepaid, unused fees for the terminated portion of the term (notwithstanding Section 5.1). This Section 14.2 states our entire liability, and your exclusive remedy, for intellectual-property infringement claims. Section 15 applies to obligations under this Section.

14.3 Procedure

The indemnified party must promptly notify the indemnifying party of the claim, give sole control of the defense and settlement (except that a settlement may not admit fault of, or impose non-monetary obligations on, the indemnified party without consent), and provide reasonable cooperation.

15. Limitation of Liability

15.1 Exclusion of damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY (NOR APPWARDEN’S MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS) IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Liability cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPWARDEN’S TOTAL AGGREGATE LIABILITY (INCLUDING THAT OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, IN ALL THEORIES OF LIABILITY COMBINED, IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY YOU TO APPWARDEN (EXCLUDING TAXES COLLECTED BY THE MERCHANT OF RECORD) FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

15.3 Non-excludable liability

Nothing in these Terms (including Sections 10 and 15) excludes or limits either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law.

15.4 Application

The limitations in this Section 15 apply to all claims, whether in contract, tort (including negligence), statute, or otherwise; apply even if a remedy fails of its essential purpose; and apply notwithstanding anything in these Terms to the contrary. Some jurisdictions do not allow certain limitations of liability, so parts of this Section may not apply to you; in that case, liability is limited to the minimum extent permitted by law.

15.5 Basis of the bargain

You acknowledge that the fees for the Service reflect the allocation of risk in these Terms, including Sections 10 and 15, and that these allocations are an essential basis of the bargain between the parties.

16. Term, Suspension, and Termination

16.1 Term

These Terms begin when you first accept them and continue until your Subscription (including any renewal) ends or is terminated.

16.2 Suspension

We may suspend access to the Service immediately if: (a) you breach these Terms; (b) your payment fails and remains unrecovered; (c) your use creates a security, legal, or operational risk to us or others; or (d) we are required to do so by law. Where practicable and permitted by law, we will provide notice before or promptly after a suspension, together with the reason for it. We will restore access promptly after the cause is resolved.

16.3 Termination

You may terminate by cancelling your Subscription (effective at the end of the paid term). Either party may terminate for the other’s material breach that remains uncured 30 days after written notice. We may terminate immediately for your breach of Section 6.

16.4 Effect of termination

On termination or expiry: your access ends; monitoring stops; the dashboard becomes read-only and then disabled; licenses granted to you end; and Customer Data is retained and deleted as described in our Privacy Policy. Sections that by their nature should survive (including Sections 5, 8, 10, 11, 13, 14, 15, 17, and 19) survive.

17. Governing Law and Dispute Resolution

17.1 Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section 17. The U.N. Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer, you retain the benefit of the mandatory provisions of the law of your country of residence.

17.2 Informal resolution first

Before filing a claim, each party will attempt in good faith to resolve the dispute informally for 30 days. Start the process by emailing support@appwarden.io with a description of the dispute and the relief sought.

17.3 Binding individual arbitration

Except as provided in Section 17.8, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including arbitrability) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules — or, if you are an individual consumer, its Consumer Arbitration Rules — before a single arbitrator, seated in Wilmington, Delaware, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary for that party’s individual claim.

17.4 Class action and jury waiver

THE PARTIES AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PARTIES OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE AS TO A CLAIM, OR A CLAIM PROCEEDS IN COURT UNDER SECTION 17.8, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

17.5 Fees

If you are a consumer, filing, administrative, and arbitrator fees are allocated as provided by the AAA Consumer Arbitration Rules, and we will pay any portion of those fees exceeding the filing fee you would have paid in a small-claims court of competent jurisdiction. Each party bears its own attorneys’ fees unless the arbitrator awards fees under applicable law.

17.6 Opt-out of arbitration

You may opt out of this arbitration agreement by emailing support@appwarden.io within 30 days after you first accept these Terms, from the email address on your account, stating that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

17.7 Coordinated filings

If 25 or more claimants (including you) represented by the same or coordinated counsel assert substantially similar arbitration demands, the parties will proceed in batches of up to 25 demands selected by the claimants’ counsel, with all other demands stayed. A court of competent jurisdiction may enforce this batching provision, and any applicable limitation period is tolled for a stayed claim from the date its demand was filed until the claim is included in a batch.

17.8 Carve-outs

Either party may: (a) bring an individual claim in small-claims court of competent jurisdiction; and (b) seek injunctive or other equitable relief in the state or federal courts located in Delaware for actual or threatened infringement, misappropriation, or other violation of intellectual-property rights or breach of Section 12. If you are a consumer resident in the EEA, the United Kingdom, or another jurisdiction whose mandatory law grants you the right to bring claims in your local courts, nothing in this Section 17 limits that right.

17.9 Time limit

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim accrued, or it is permanently barred, to the extent permitted by law.

18. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days’ advance notice by email to the address on your account or by a prominent notice in the dashboard, and will update the Effective Date. Changes apply prospectively. If you do not agree to the updated Terms, cancel your Subscription before they take effect; continued use of the Service after the effective date constitutes acceptance.

For material changes, we will also ask you to re-accept the updated Terms in the dashboard (see Section 2). If you do not accept the updated Terms, you must cancel your Subscription before the changes take effect; your current term remains governed by the version you last accepted.

19. General Provisions

1. Entire agreement. These Terms, together with the Privacy Policy and any order or plan details presented at checkout, are the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements on the subject.
2. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, reorganization, or sale of substantially all assets, or to an affiliate.
3. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, labor disputes, internet or telecommunications failures, power failures, pandemics, war, terrorism, riots, government action, or failures of Third-Party Services or hosting providers.
4. Export controls. You may not use, export, or re-export the Service in violation of U.S. export control or sanctions laws, and you represent that you are not located in an embargoed country or on a U.S. government restricted-party list.
5. U.S. government users. The Service is a “commercial item” as defined at 48 C.F.R. § 2.101, and government users receive only the rights granted in these Terms.
6. No waiver; severability. A failure to enforce a provision is not a waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.
7. No third-party beneficiaries. There are no third-party beneficiaries to these Terms.
8. Relationship. The parties are independent contractors; these Terms do not create a partnership, agency, or joint venture.
9. Notices. Legal notices to us must be sent to support@appwarden.io and to Sminter & Sminter, LLC, c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958, USA. Notices to you may be sent to the email address on your account or posted in the dashboard.

20. Contact

Questions about these Terms, refund and billing matters, SLA credit claims, privacy requests, and legal notices:

Sminter & Sminter, LLC, d/b/a Appwarden Email: support@appwarden.io Mail: Sminter & Sminter, LLC, c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958, USA