Last Updated: October 1, 2026

These Terms and Conditions ("Terms") govern your access to and use of DotlyGuard, including the DotlyGuard website, web application, endpoint agents, dashboards, APIs, security monitoring services, software, and related services (collectively, the "Service"), operated by Apex Cloud Tech LLC ("DotlyGuard", "we", "us", or "our").

By creating an account, purchasing a subscription, downloading or installing the DotlyGuard Agent, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. About DotlyGuard

DotlyGuard is a cybersecurity visibility and endpoint monitoring platform designed to assist organizations and authorized administrators in monitoring, detecting, and responding to security-related events across supported endpoints and network environments.

DotlyGuard may integrate with, leverage, or incorporate third-party open-source components, commercial threat intelligence feeds, cloud infrastructure providers, and sub-processors.

Important Operational Disclaimer: DotlyGuard is a monitoring, detection assistance, and management tool. It does not guarantee that every vulnerability, threat, malicious program, unauthorized intrusion, configuration error, or data breach will be identified, alerted, prevented, or remediated.

2. Eligibility and Authority

You must be at least 18 years old (or the legal age of majority in your jurisdiction) and legally capable of entering into a binding contract.

If you register for or use DotlyGuard on behalf of an entity, company, or organization:

• You represent and warrant that you possess the full legal authority to bind that entity to these Terms.

• "You" and "your" refer jointly to you as an individual and the legal entity you represent.

• You remain fully responsible for ensuring that all administrators, employees, contractors, and other end-users accessing the Service through your account comply with these Terms.

DotlyGuard is intended solely for lawful administrative, organizational, and personal cybersecurity operations.

3. Account Registration and Access Credentials

Access to the Service requires the creation of an administrative account. You agree to:

• Provide true, accurate, and complete registration information.

• Maintain and promptly update your account profile and billing details.

• Maintain the strict confidentiality and security of your credentials, multi-factor authentication (MFA) tokens, API keys, and enrollment tokens.

• Notify DotlyGuard immediately at [email protected] upon discovering any unauthorized use or credential compromise.

• Assume responsibility for all activities, actions, and agent deployments executed under your credentials.

You must not license, share, or transfer account credentials to circumvent subscription tiers, user limits, or enrollment thresholds.

4. Subscription Plans and Device Licensing

DotlyGuard offers subscriptions defined by device/node counts, feature tiers, data retention intervals, and API rate limits.

• Device Limits: Subscriptions permit active enrollment only up to the licensed number of endpoints. An endpoint is considered active if the DotlyGuard Agent is installed and enrolled to check into the Service.

• Circumvention Prohibited: You may not use automated scripts, proxying, rapid cycling, or technical circumvention to rotate devices through a single node allocation to bypass device caps.

• Modifications: We reserve the right to modify plans, features, or tier structures. Pricing changes for existing active subscriptions will take effect only upon renewal, provided reasonable prior notice has been communicated.

5. Free Trials and Beta Features

DotlyGuard may offer evaluation accounts, free tiers, or pre-release beta features.

• Evaluation Limitations: Free trials are provided strictly for evaluation purposes. They may carry lower rate limits, shorter log retention windows, and reduced technical support.

• Revocation: We reserve the right to terminate, throttle, or modify free or trial accounts at any time without prior liability.

• Beta Features: Features labeled as "Beta," "Preview," or "Early Access" are provided "AS-IS" without warranty or SLA commitments.

• Abuse: Creating duplicate accounts or domains to evade trial expiration is strictly prohibited.

6. Fees, Invoicing, and Taxes

• Billing: Subscription fees are billed in advance on a recurring monthly or annual basis, depending on your selected billing plan.

• Payment Authorization: You authorize Apex Cloud Tech LLC or its payment processors to charge your designated payment method for all incurred fees.

• Refund Policy: Unless explicitly specified otherwise in writing or required by applicable law, all payment obligations are non-cancellable and fees paid are non-refundable.

• Taxes: Fees do not include local, state, federal, or international sales, use, value-added (VAT), withholding, or excise taxes. You are responsible for all applicable taxes associated with your order, excluding taxes based on Apex Cloud Tech LLC's net income.

• Payment Failure: Failure to settle outstanding balances may result in account suspension, API deactivation, or agent telemetry refusal after notice.

7. Automatic Renewal

Your subscription will automatically renew at the close of each billing term for an equivalent period unless you cancel it before the renewal date through your account dashboard or by submitting a written notice to support. Cancellation halts future charges but does not yield retroactive refunds for unused days within the active billing cycle.

8. Suspension and Termination

We reserve the right to immediately suspend or terminate your access, revoke API keys, and invalidate agent enrollment tokens without prior liability if:

• You commit a material breach of these Terms or Acceptable Use policies.

• You fail to satisfy outstanding payment obligations.

• Your use of the Service introduces operational instability, security vulnerabilities, or infrastructure denial-of-service risks.

• We receive valid legal directives, court orders, or law enforcement demands requiring cessation of service.

Upon termination, your right to access the web application, APIs, and dashboard terminates immediately.

9. Endpoint Agent Deployment and Authorization

Using DotlyGuard requires deploying the DotlyGuard Agent software onto targeted operating systems.

You expressly represent and warrant that:

• You are the lawful owner of every endpoint on which the Agent is installed, or you have received explicit, verifiable written authorization from the hardware owner and authorized network administrator to install monitoring software.

• You have provided all legally required workplace notices and obtained all necessary consents from employees, contractors, or other individuals utilizing devices enrolled in DotlyGuard, in full compliance with local labor and electronic monitoring regulations.

• You will not install the DotlyGuard Agent on systems belonging to third parties without authorization, nor utilize the platform for clandestine, non-consensual surveillance.

10. Customer Responsibilities and Shared Security Model

DotlyGuard operates under a shared responsibility model. While DotlyGuard manages the cloud dashboard and telemetry processing infrastructure:

• Endpoint Hygiene: You are solely responsible for operating-system patch levels, anti-tamper safeguards on local hardware, and maintaining compatible OS versions.

• Credential Protection: You are responsible for securing the machine enrollment keys, API credentials, and administrative accounts.

• Incident Response: DotlyGuard surfaces logs, alerts, and indicators of compromise (IoCs). You remain solely responsible for validating, triaging, investigating, and executing incident response protocols, disaster recovery, and operational containment.

11. No Guarantee of Threat Elimination

Cybersecurity threats evolve continuously. DotlyGuard does not warrant, guarantee, or represent that:

• The Service will detect zero-day exploits, sophisticated persistent threats (APTs), or advanced evasion techniques.

• Alerts generated by the platform will be 100% accurate, non-duplicative, or free from false positives or false negatives.

• The Service will prevent data corruption, ransomware encryption, or exfiltration.

• The Agent will operate uninterrupted in environments running conflicting third-party endpoint security tools or deprecated kernels.

12. Acceptable Use Policy

You agree not to use, attempt to use, or permit third parties to use the Service to:

• Violate any applicable local, state, national, or international law, wiretapping statute, or privacy regulation.

• Facilitate unlawful surveillance, stalkware activities, or non-consensual tracking.

• Upload, transmit, or distribute code containing malware, worms, trojans, or logic bombs via the platform.

• Reverse engineer, decompile, disassemble, or derive the source code of the DotlyGuard Agent, binary distributions, or proprietary telemetry protocols.

• Perform unauthorized penetration testing, vulnerability scanning, denial-of-service tests, or fuzzing against DotlyGuard web properties or API endpoints without prior formal written consent from Apex Cloud Tech LLC.

• Circumvent license caps, feature flags, or rate limit controls.

13. Customer Data, Telemetry, and Privacy

• Ownership: As between the parties, you retain all right, title, and interest in and to Customer Data (including machine telemetry, host logs, process trees, and endpoint metadata).

• Processing License: You grant Apex Cloud Tech LLC a worldwide, limited, non-exclusive license to ingest, host, parse, cache, and display Customer Data solely to provide, maintain, and support the Service.

• De-Identified Threat Intelligence: You agree that DotlyGuard may extract de-identified, aggregated technical metadata (such as file hashes, malicious domains, attack signatures, and threat heuristics) derived from operational telemetry for security research, model refinement, and global threat detection, provided such data contains no personally identifiable information (PII) or customer identifiers.

• Data Processing Addendum (DPA): To the extent Customer Data includes Personal Data subject to the EU/UK GDPR, California Consumer Privacy Act (CCPA), or equivalent international privacy regulations, the terms of the DotlyGuard Data Processing Addendum (available upon request) are incorporated herein by reference.

14. Data Retention, Retrieval, and Deletion

• Retention Window: Telemetry logs and alerts are retained for the active retention duration designated by your subscription tier.

• Post-Termination Deletion: Upon account cancellation or termination, your access to the dashboard ceases. Apex Cloud Tech LLC will retain stored Customer Data for a grace period of thirty (30) days to permit export upon written request. Following this 30-day window, DotlyGuard reserves the right to permanently purge Customer Data from production storage and backups in accordance with standard decommissioning cycles.

• Independent Backups: DotlyGuard is not an archival or cold-storage service. You are solely responsible for exporting and backing up compliance-critical security records.

15. Intellectual Property

Apex Cloud Tech LLC and its licensors retain all intellectual property rights, titles, patents, copyrights, trademarks, trade secrets, and proprietary methodologies in and to the Service, Agent software, APIs, documentation, UI workflows, and branding.

Except for the limited, revocable, non-exclusive, non-transferable subscription access granted herein, no licenses or rights are granted to you by implication or estoppel. You shall not remove, alter, or obscure any proprietary copyright or trademark notices.

16. High-Risk and Hazardous Environments

The Service is not fault-tolerant and is not designed, manufactured, or intended for use in high-risk or hazardous environments requiring fail-safe performance, including, without limitation:

• The operation of nuclear facilities.

• Aircraft navigation, air traffic control, or flight communication systems.

• Direct life-support machines, emergency triage, or medical surgical devices.

• Weapons systems or direct defense infrastructure.

Apex Cloud Tech LLC expressly disclaims any express or implied warranty of fitness for such high-risk activities.

17. Trade Sanctions and Export Controls

The DotlyGuard software, cryptographic algorithms, and underlying technical data are subject to export control and economic sanctions laws. You warrant that:

• You and your authorized users are not located in, organized under the laws of, or resident in any country or territory subject to comprehensive government trade embargoes or sanctions.

• You are not listed on any government denied-party or restricted-party list (such as the US Treasury Department's OFAC Specially Designated Nationals List or BIS Entity List).

• You will not deploy the Agent or export technical data in violation of applicable export control regulations.

18. Warranties and "AS-IS" Disclaimer

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE, SOFTWARE, DASHBOARD, AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.

APEX CLOUD TECH LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. DOTLYGUARD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, BUG-FREE, SECURE, OR FREE FROM DATA LOSS, OR THAT IT WILL PREVENT ALL THIRD-PARTY CYBERATTACKS.

19. Limitation of Liability

1. Consequential Damages Exclusion: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APEX CLOUD TECH LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, SYSTEM DOWNTIME, RANSOMWARE EXTORTION COSTS, PROCUREMENT OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE), EVEN IF INFORMED OF THE POSSIBILITY THEREOF.

2. Monetary Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX CLOUD TECH LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE STRICTLY LIMITED TO THE ACTUAL AMOUNTS PAID BY YOU TO APEX CLOUD TECH LLC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT.

20. Indemnification

You agree to defend, indemnify, and hold harmless Apex Cloud Tech LLC, its parent entities, affiliates, officers, directors, employees, and agents from and against any third-party claims, regulatory actions, liabilities, damages, judgments, losses, costs, and legal fees arising out of or related to:

• Your deployment of the DotlyGuard Agent on hardware or networks without requisite authorization.

• Your violation of any applicable privacy, wiretapping, or labor regulation.

• Your material breach of these Terms or the Acceptable Use provisions.

• Data submitted to or collected by the platform through your administrative configurations.

21. Governing Law, Dispute Resolution, and Class Action Waiver

• Governing Law: These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

• Mandatory Informal Resolution: Prior to filing any formal legal proceeding, both parties agree to attempt to resolve the dispute informally by delivering written notice to the other party and engaging in good-faith negotiations for at least thirty (30) calendar days.

• Arbitration & Venue: Any dispute, controversy, or claim arising out of or relating to these Terms that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. For any claims not subject to arbitration, the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Delaware.

• Class Action Waiver: TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

22. Force Majeure

Neither party shall be held liable for failure or delay in performing its obligations (other than payment obligations) due to events beyond its reasonable control, including acts of God, war, hostilities, cyberwarfare attacks, strikes, utility or cloud-infrastructure outages (e.g., AWS, Azure, GCP backbone failures), civil unrest, or governmental trade restrictions.

23. Severability and Waiver

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to reflect the parties' original intention to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. No failure to enforce any right or waiver of any breach shall constitute a continuing waiver.

24. Entire Agreement and Order of Precedence

These Terms, together with any executed Order Form, the Privacy Policy, and an applicable Data Processing Addendum (DPA), constitute the entire agreement between you and Apex Cloud Tech LLC regarding the subject matter hereof, superseding all prior oral or written discussions, proposals, or understandings.

25. Contact and Legal Notice

All formal legal notices, inquiries, and regulatory communications must be directed to:

• Legal Entity: Apex Cloud Tech LLC

• Email: [email protected]

Address

Unit No. A1518 312 W 2nd St, Casper, WY 82601 United States