Terms of Service

Last updated: September 20, 2026

These Terms of Service (the "Terms") are an agreement between Oakview IT LLC, doing business as OpenWake AI, a New York limited liability company in Buffalo, New York, United States (notices by email to support@openwake.ai; a postal address for service of process is provided on request) ("Openwake", "we", "us") and the organization that creates an Openwake account ("Customer", "you"). They govern your use of the Openwake websites, portal, API, endpoint software and browser extension (together, the "Service").

By creating an account, installing Openwake software or using the Service, you agree to these Terms. If you accept them for an organization, you confirm that you have the authority to bind it. If you do not agree, do not use the Service.

The Service is offered to businesses and other organizations, not to consumers. You must be at least 18 years old to use it.

1. The Service

Openwake helps an organization understand and govern how artificial intelligence tools are used on the devices and in the browsers it manages. The Service includes:

• endpoint software for Windows, macOS and Linux, and a browser extension for supported browsers (the "Sensors");
• a portal and API where you see inventory, events and detections, set policies and manage your account;
• optional retention of submission content in the Evidence Vault, when an owner of your account turns it on;
• optional warnings and blocking in the browser, according to the enforcement setting you choose;
• information about AI and software providers drawn from their own public documents (the "Provider Registry").

We may add, change or remove features. If a change materially reduces a feature of a paid plan you are using, we will give you notice as described in section 17.

2. Accounts

You are responsible for the people you invite to your account, for the roles you give them, and for keeping sign-in methods, API keys, install tokens and device tokens secure. Tell us promptly at security@openwake.ai if you believe your account has been accessed without authorization. You must give accurate account information and keep it current.

3. Your responsibilities when you deploy Openwake

The Sensors observe activity on devices and in browsers used by people. You decide where they are installed, what they observe, whether content is retained and whether anything is warned on or blocked. Those choices are yours, and so are the legal duties that come with them. You agree that:

• you will install the Sensors only on devices and browsers that your organization owns or is authorized to manage,

and you will not install them on a person's own device without that person's informed consent;

• before you deploy, you will give every notice and obtain every consent, approval or consultation that the law

requires where your people are located. Depending on the place, this can include workplace monitoring and electronic communications laws, data protection law, employment law, and consultation with employee representatives;

• you have a lawful basis for the processing you instruct us to carry out, and you will use the Service only for

legitimate purposes such as security, data protection, and compliance with your own policies;

• you are responsible for your policies and settings, including the Telemetry, Evidence and Enforcement controls,

and for every decision you make about a person using information from the Service. You will not use the Service as the sole basis for a decision that has legal or similarly significant effects on a person;

• you will handle any content retained in the Evidence Vault, and any access to it, in line with the law and with

your own policies.

We provide an employee notice template at openwake.ai/legal/employee-notice to help you. It is a starting point, not legal advice.

4. Acceptable use

You will not, and will not allow anyone to:

• use the Service to monitor anyone unlawfully or covertly where the law requires notice or consent, or to collect

information about a person's private life, protected activity, union activity or protected characteristics;

• use the Service on devices, accounts or networks that you are not authorized to manage;
• probe, scan or test the vulnerability of the Service, or bypass its security or rate limits, except under a

written agreement with us. Good-faith security reports are welcome at security@openwake.ai;

• interfere with the Service, or use it to send malware or unlawful content;
• copy, modify, reverse engineer or decompile the Service or the Sensors, except where the law allows this despite

a contractual restriction;

• resell, sublicense or provide the Service to third parties, unless we have agreed in writing that you may act as

a partner or managed service provider;

• use the Service to build a competing product or to copy the Provider Registry in bulk;
• use the Service in violation of export control or sanctions laws.

We may suspend access that breaches this section, with notice where practicable.

5. Customer Data and privacy

"Customer Data" means the data that the Sensors and your users send to the Service for your account, including inventory, events, detections, policies and any content retained in the Evidence Vault.

As between you and us, Customer Data is yours. You give us the right to host, copy, transmit and process Customer Data only as needed to provide, secure and support the Service, to meet legal obligations, and as you otherwise instruct. We do not sell Customer Data, and we do not use it to train artificial intelligence models.

We process personal data in Customer Data as your processor or service provider. The Data Processing Addendum at openwake.ai/legal/dpa forms part of these Terms. Our Privacy Policy at openwake.ai/legal/privacy explains how we handle personal data for which we are the controller, such as account and billing information.

We may create statistics about the use and performance of the Service that do not identify you or any person, and use them to operate and improve the Service.

6. Software license

For as long as your account is active, we grant you a limited, non-exclusive, non-transferable license to install and use the Sensors on devices and browsers you are authorized to manage, only to use the Service. The Sensors may update themselves. Open source components in the Sensors are licensed under their own terms, which govern those components.

7. Detections, warnings and blocking

The Service is designed to help you see and reduce risk. It does not guarantee any result. In particular:

• the Sensors see only what the platforms they run on make visible, and only where they are installed and running;
• detections and data classifications are made by automated rules. They can be wrong in both directions: they can

miss something, and they can flag something harmless;

• warnings and blocking in the browser operate on a best-effort basis. They can be bypassed, can fail, and can

interrupt legitimate work;

• the Service is not an endpoint protection, data loss prevention or backup product, and it does not replace your

other security controls, your own review of a detection, or professional advice.

You are responsible for how you configure these features and for the consequences of warnings and blocks in your environment.

8. Provider Registry

The Provider Registry reports what providers state in their own public documents, with the source and the date it was read. It is information, not legal advice, not a rating, and not a statement that any provider is safe or unsafe. Providers change their documents, and a document may not have been read recently. You should confirm anything important with the provider. Corrections are handled under our corrections policy at openwake.ai/legal/corrections.

9. Plans, fees and payment

The free and paid plans, what is counted, and current prices are described at openwake.ai/pricing and at checkout. Paid plans are billed through our payment processor, Stripe, using the payment method you provide. Subscriptions renew automatically until you cancel from your organization page or the billing portal. Cancellation takes effect at the end of the period you have paid for.

Fees do not include taxes. You are responsible for the taxes that apply to your purchase, other than taxes on our income. Except where the law requires otherwise, fees are not refundable. We may change prices with at least 30 days' notice to the account owner; the new price applies from your next billing period after the notice period.

If a payment fails, we may suspend paid features after giving you notice and a reasonable time to fix it.

10. Free plan, previews and betas

We may offer a free plan and features marked as preview, beta or coming. They are provided as they are, may have limits, may change or end at any time, and are not covered by any commitment about availability or support. We will give reasonable notice before ending the free plan for existing accounts.

11. Confidentiality

Each party will protect the other's non-public information that it should reasonably understand to be confidential, use it only to perform under these Terms, and disclose it only to people who need it and are bound to protect it. This does not apply to information that is public, already known, independently developed, or rightfully received from someone else. A party may disclose information when the law requires it, after giving notice where the law allows.

12. Intellectual property and feedback

We and our licensors own the Service, the Sensors, the Provider Registry as a compilation, and all related intellectual property. Passages quoted from providers' documents belong to those providers and are reproduced as short excerpts for citation. These Terms give you no rights in our property except the rights stated here. If you send us feedback, you allow us to use it without restriction or payment.

13. Third-party services

The Service works with services you choose to connect, such as a Slack webhook you supply or your identity provider. Your use of those services is governed by your agreements with them, and we are not responsible for them.

14. Disclaimer of warranties

To the fullest extent the law allows, the Service is provided "as is" and "as available". We disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or free of errors, that it will detect or prevent any particular event, or that the Provider Registry is complete, current or accurate.

15. Limitation of liability

To the fullest extent the law allows, neither party will be liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, or for the cost of substitute services, however caused and even if it was told that such damages were possible.

To the fullest extent the law allows, our total liability for all claims relating to the Service or these Terms will not exceed the greater of (a) the fees you paid us for the Service in the 12 months before the event that gave rise to the claim, and (b) 100 US dollars.

These limits do not apply to your obligation to pay fees, to your obligations under section 16, or to liability that the law does not allow to be limited.

16. Your indemnity

You will defend and indemnify Openwake, its officers, employees and contractors against third-party claims, and the damages, fines and reasonable costs that result from them, arising from: (a) your deployment or use of the Service without the notices, consents or lawful basis the law requires; (b) Customer Data, or your instructions about it; or (c) your breach of section 3 or section 4. We will tell you promptly about any such claim, let you control its defense, and cooperate at your expense. You may not settle a claim in a way that admits fault on our behalf or imposes obligations on us without our written consent.

17. Term, suspension and termination

These Terms apply from the day you first accept them until your account is closed. You may close your account at any time from the portal or by writing to support@openwake.ai. We may suspend or end your access if you materially breach these Terms and do not fix the breach within 30 days of notice, immediately if the breach puts the Service or other customers at risk, or if we stop offering the Service, with at least 30 days' notice where we can.

When your account closes, your license to the Sensors ends and you must uninstall them. You may export your data before closing. We delete Customer Data as described in the Data Processing Addendum. Sections that by their nature should survive, including sections 5, 11, 12, 14, 15, 16, 18 and 19, survive termination.

We may update these Terms. If a change is material, we will give the account owner at least 30 days' notice by email or in the portal before it takes effect. If you continue to use the Service after the effective date, you accept the change. If you do not agree, you may close your account before it takes effect.

18. Governing law and disputes

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of laws rules. The state courts located in Erie County, New York, and the federal courts for the Western District of New York, have exclusive jurisdiction over any dispute relating to these Terms or the Service, and each party consents to that jurisdiction and venue. Before filing a claim, each party will try in good faith to resolve the dispute by writing to the other; notices to us go to legal@openwake.ai. Either party may seek urgent injunctive relief in any competent court to protect its intellectual property or confidential information.

19. General

• Entire agreement. These Terms, the Data Processing Addendum and the documents they refer to are the whole

agreement about the Service and replace earlier agreements on the same subject. Terms on your purchase order or other documents do not apply. If you have a separate signed agreement with us for the Service, it prevails over these Terms where they conflict.

• Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a

merger, acquisition or sale of substantially all of its business or assets.

• Notices. We may give notice by email to the account owner or in the portal. You give notice to

legal@openwake.ai.

• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control.
• Export and sanctions. You confirm that you are not located in, or controlled from, a country or by a person

subject to applicable embargoes or sanctions, and that you will comply with export control laws.

• Severability and waiver. If part of these Terms cannot be enforced, the rest stays in effect. A failure to

enforce a term is not a waiver of it.

• Relationship. The parties are independent contractors. These Terms create no partnership, agency or

third-party rights.

Contact

Legal: legal@openwake.ai · Privacy: privacy@openwake.ai · Security: security@openwake.ai · Support: support@openwake.ai