Terms of Service

Akarguard provides network-layer and application-layer DDoS mitigation services. The specific scope, capacity, and SLA applicable to your account are set out in your Order Form or subscription plan. We reserve the right to modify the Services on reasonable notice where required for security, legal, or operational reasons.

You must be at least 18 years old and have the legal authority to enter into a binding agreement on behalf of yourself or your organisation. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

You agree not to use the Services to:

• Launch, facilitate, or participate in DDoS attacks or any other form of cyberattack
• Transmit malware, ransomware, or other malicious code
• Violate any applicable law or regulation, including export control laws
• Infringe the intellectual property rights of any third party
• Attempt to gain unauthorised access to Akarguard systems or other customers' data
• Resell or sublicense the Services without our prior written consent

We may suspend or terminate your access immediately and without notice if we determine, in our sole discretion, that you have violated this section.

Fees are charged in accordance with the plan selected at sign-up or as agreed in an Order Form. All fees are exclusive of applicable taxes (VAT, GST, etc.), which are your responsibility. Invoices are due within 30 days of issue unless otherwise agreed. Late payments may incur interest at 8% above the applicable base rate. We reserve the right to suspend the Services for non-payment after written notice.

We target 99.99% monthly uptime for the mitigation infrastructure as described in the applicable SLA document. Scheduled maintenance windows, force majeure events, and customer-caused outages are excluded from SLA calculations. Service credits are your sole remedy for downtime.

Akarguard retains all intellectual property rights in the Services, including software, algorithms, documentation, and trade marks. These Terms do not grant you any rights in our intellectual property beyond the limited licence to use the Services as described herein.

Your use of the Services involves the processing of certain personal data. Please review our Privacy Policy which is incorporated into these Terms by reference. Where Akarguard processes personal data on your behalf as a data processor, we will enter into a Data Processing Agreement (DPA) with you upon request.

Each party agrees to keep confidential the other party's non-public information disclosed in connection with the Services and not to use such information for any purpose outside the scope of these Terms. Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

We warrant that the Services will perform materially as described in the applicable documentation. Except as expressly stated, the Services are provided "as is". We disclaim all implied warranties to the maximum extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose.

DDoS attacks are increasingly sophisticated. While we invest heavily in our mitigation capabilities, no provider can guarantee 100% protection against every novel attack vector.

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to these Terms or the Services, including loss of profits, data, or goodwill.

Our aggregate liability for any claims arising under or related to these Terms will not exceed the total fees paid by you to Akarguard in the twelve months preceding the claim.

You agree to indemnify and hold harmless Akarguard and its officers, employees, and agents from any claims, losses, or damages (including reasonable legal fees) arising from your use of the Services in violation of these Terms or applicable law.

These Terms remain in effect for as long as you use the Services. Either party may terminate with 30 days' written notice. We may terminate immediately for cause (e.g., non-payment, acceptable use violations). Upon termination, your access to the Services will cease and outstanding fees become immediately due.

These Terms are governed by and construed in accordance with the laws of the applicable EU member state in which Akarguard is registered, without regard to conflict of law principles. Any dispute that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the competent courts in that jurisdiction.

If you are a consumer in the EU, you may also have the right to use alternative dispute resolution (ADR) mechanisms. The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr.

We may update these Terms from time to time. Material changes will be notified by email or prominent notice on the website at least 14 days before taking effect. Continued use of the Services after the effective date of any change constitutes your acceptance of the updated Terms.