Terms of Service

1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and 33 Bit Incorporated (“33bit,” “Company,” “we,” “us,” or “our”) governing your access to and use of 33bit’s identity intelligence platform, including any associated software, hardware, documentation, and services (collectively, the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. ELIGIBILITY AND AUTHORIZED USE

The Services are intended solely for use by:

• U.S. federal, state, and local government agencies
• U.S. Department of Defense and intelligence community organizations
• Law enforcement agencies
• Authorized defense contractors with appropriate facility clearances
• Commercial entities with legitimate security requirements

You represent and warrant that you and your organization meet the eligibility requirements and will use the Services only for lawful purposes consistent with applicable laws, regulations, and these Terms.

3. EXPORT CONTROL AND COMPLIANCE

The Services may contain technology subject to U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You agree to:

• Comply with all applicable U.S. export control laws and regulations
• Not export, re-export, or transfer the Services or any technical data to prohibited destinations, entities, or persons
• Not use the Services for any purposes prohibited by U.S. law, including development of weapons of mass destruction
• Obtain all required licenses and approvals before any export or transfer

4. SECURITY REQUIREMENTS

Given the sensitive nature of our identity intelligence technology, Customers must:

• Maintain appropriate physical and logical security controls
• Implement access controls limiting use to authorized personnel only
• Comply with applicable security frameworks (NIST 800-53, CMMC 2.0, etc.)
• Report any security incidents affecting the Services within 24 hours
• Undergo security assessments as reasonably requested by 33bit

5. DATA HANDLING AND PROCESSING

The Services process sensitive data including biometric information, location data, signals intelligence, and identity profiles. Customer acknowledges and agrees:

• Customer is solely responsible for ensuring lawful collection and use of data processed through the Services
• Customer will obtain all necessary consents and authorizations required by applicable law
• 33bit processes data solely as directed by Customer and in accordance with the applicable data processing agreement
• Edge-processed data remains under Customer’s control unless explicitly transmitted to 33bit systems

6. GOVERNMENT CONTRACT PROVISIONS

For government Customers, the following provisions apply:

• The Services constitute “commercial computer software” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202
• Government use, modification, reproduction, release, performance, display, or disclosure is subject to restrictions set forth in these Terms
• Additional terms may apply pursuant to the applicable government contract or task order

7. INTELLECTUAL PROPERTY

33bit retains all right, title, and interest in and to the Services, including all patents, copyrights, trade secrets, trademarks, and other intellectual property rights. Customer receives only a limited, non-exclusive, non-transferable license to use the Services as expressly permitted under these Terms and any applicable subscription agreement.

Customer shall not:

• Reverse engineer, decompile, or disassemble the Services
• Modify, adapt, or create derivative works based on the Services
• Remove or alter any proprietary notices or markings
• Use 33bit’s trademarks without prior written consent

8. CONFIDENTIALITY

Each party agrees to maintain the confidentiality of the other party’s confidential information, including technical specifications, pricing, and business information. Confidential information shall not be disclosed to third parties except as required by law or with prior written consent.

For government Customers, confidentiality obligations are subject to applicable Freedom of Information Act (FOIA) requirements and similar state laws.

9. WARRANTIES AND DISCLAIMERS

33bit warrants that the Services will perform substantially in accordance with the applicable documentation during the subscription term. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. 33BIT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

33bit does not warrant that the Services will be uninterrupted or error-free, or that all defects will be corrected.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 33BIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

33BIT’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. INDEMNIFICATION

Customer shall indemnify, defend, and hold harmless 33bit from any claims, damages, losses, and expenses arising from: (a) Customer’s use of the Services in violation of these Terms; (b) Customer’s violation of applicable laws or regulations; (c) any third-party claims relating to data processed through the Services at Customer’s direction.

12. TERM AND TERMINATION

These Terms remain in effect until terminated. Either party may terminate for material breach upon 30 days’ written notice if the breach remains uncured. 33bit may immediately terminate or suspend access if Customer violates export control laws, security requirements, or uses the Services for unlawful purposes.

Upon termination, Customer shall cease all use of the Services and return or destroy all confidential information and materials.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of North Carolina, without regard to conflict of laws principles. Any disputes shall be resolved in the federal or state courts located in Wake County, North Carolina, and both parties consent to the exclusive jurisdiction of such courts.

For federal government Customers, disputes shall be resolved in accordance with the Contract Disputes Act and applicable federal acquisition regulations.

14. MODIFICATIONS

33bit reserves the right to modify these Terms at any time. Material changes will be communicated via email or through the Services. Continued use of the Services after such modifications constitutes acceptance of the updated Terms.

15. CONTACT INFORMATION

For questions regarding these Terms, please contact:

33 Bit Incorporated
Legal Department
310 S Harrington St
Raleigh, NC 27601
Email: legal@33bit.com
Phone: (888) 756-9519