Terms of Service

1. Eligibility and acceptable use

You may use our website and materials for lawful business and informational purposes. You must be authorized to act for any organization you represent. Do not disrupt, probe, scrape, reverse engineer, or attempt to gain access to our website, accounts, infrastructure, or other systems without our prior written permission. Do not upload malware, unlawful material, or information you are not permitted to share.

2. Security testing requires written authorization

Nothing on this website, a purchase, a demo, a vulnerability report, or a conversation with FailSafe authorizes access to or testing of any system. Security testing begins only after FailSafe and the customer have agreed in writing to the authorized targets, testing window, methods, access, exclusions, safety limits, operational contacts, and stop conditions.

Before testing, the customer must own or have documented authority to test every target and obtain any required permission from hosting providers, vendors, data owners, or other affected parties. The customer must provide accurate scope and access information, maintain appropriate backups and monitoring, identify an emergency contact, and promptly notify FailSafe of changes that affect authorization or safety.

Production, cloud, identity, AI, operational technology, robotics, and other sensitive environments require explicit inclusion in the written scope. Destructive actions, persistence, data exfiltration, denial of service, social engineering, physical effects, or access outside the agreed scope are prohibited unless the applicable signed agreement expressly authorizes a defined method and safety plan. FailSafe may pause or stop work if authorization is unclear, scope changes, a safety control fails, or continued testing could cause harm.

The interactive demo is a simulated experience using fictional targets. It does not authorize or perform testing of your systems.

3. Customer materials and security information

Do not send passwords, API keys, private keys, source code, personal data, vulnerability details, target credentials, or sensitive architecture through public website forms, email, or the interactive demo. Use only a transfer method and environment expressly approved in a signed engagement agreement. The customer is responsible for having the rights and permissions needed to provide materials and instructions for an authorized engagement.

Customer materials and assessment data remain subject to the applicable service agreement. The website does not grant FailSafe permission to test systems or use customer assessment data to train models. Customer assessment data is not used for model training or fine-tuning by default; any such use requires explicit customer permission in a separate written agreement.

4. Services, findings, and limitations

Service scope, deliverables, fees, data handling, and operational controls are set out in the applicable signed agreement. Website descriptions and demonstrations are general information and may not reflect every configuration or engagement. Security testing is limited by the agreed scope, access, environment, methods, and time available. A report or demonstration is not a guarantee that all weaknesses have been found, that a system is secure, or that an audit, regulator, insurer, or certification body will accept particular evidence.

Findings and recommendations support technical review and do not constitute legal, regulatory, or compliance advice. The customer decides whether and how to apply changes, and remains responsible for its systems, data, users, and production decisions.

5. Fees and third-party services

Any fees, taxes, payment terms, and cancellation terms are shown in the applicable offer or agreement. Payment may be handled in the SWARM portal by a payment provider under its own terms. Third-party websites, software, and services are governed by their own terms and privacy notices.

6. Intellectual property

FailSafe and its licensors retain rights in the website, software, product demonstrations, brand features, and public materials. You may view and use them for your internal evaluation, subject to these Terms. Do not copy, publish, modify, sell, or create derivative works from them except where the law or a separate written license permits. Ownership and permitted use of paid-service deliverables are defined in the applicable service agreement.

7. Indemnity for unauthorized use

To the extent permitted by law, you will defend and indemnify FailSafe and its personnel against third-party claims, losses, and reasonable costs arising from your unauthorized testing instructions, targets for which you lack authority, materials you were not entitled to provide, or material breach of these Terms. This does not apply to the extent a claim results from FailSafe’s own breach of a written agreement or conduct for which liability cannot legally be excluded.

8. Disclaimers

To the maximum extent permitted by law, the website, public materials, and demonstrations are provided “as is” and “as available.” FailSafe disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free access, or that website content is complete, current, or suitable for a particular decision. These disclaimers do not replace any express warranty in a signed service agreement or limit rights that cannot legally be limited.

9. Limitation of liability

To the maximum extent permitted by law, FailSafe will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for lost profits, revenue, business opportunity, goodwill, data, or business interruption arising from use of the website, public materials, demonstrations, or services. This does not limit liability that applicable law does not allow to be limited.

To the maximum extent permitted by law, FailSafe’s total aggregate liability arising out of or related to these Terms or a service will not exceed the fees paid or payable for the affected service during the twelve months before the event giving rise to the claim. If no fees were paid for the relevant website or demonstration use, the aggregate cap is SGD 100. A signed service agreement may set a different cap for that service.

10. Suspension and changes

We may suspend access to the website or demo to protect the service, users, or systems, or to address misuse or a security concern. We may update these Terms by posting a revised version here. The “Last updated” date shows when the current version was posted. Changes to a paid engagement take effect as specified in its signed agreement.

11. Governing law

These Terms are governed by the laws of Singapore. The courts of Singapore have non-exclusive jurisdiction over disputes arising from these Terms, subject to any mandatory rights or protections that apply to you. A signed service agreement may specify a different dispute process for that engagement.