Terms and Conditions

Last updated: January 06, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

PLEASE READ CAREFULLY: The individual accepting these Terms and Conditions on behalf of a company or legal entity (“Customer” or “You”) represents and warrants that they have full authority to bind the Customer to this agreement. By accepting these Terms (whether by clicking, checking a box, or placing an order), the Customer agrees to be bound by these Terms and Conditions, which form a legally binding contract between the Customer and Ananta Security. If the Customer does not agree or lacks the authority to accept these Terms, they must not proceed with access or use of the Software.

These Ananta EDR Terms and Conditions form a master agreement governing all Ananta Security products and services. Provisions related to specific products or services apply only to the extent that you have purchased, accessed, or used those products or services.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate: Any entity that a party controls, is controlled by, or is under common control with (e.g., subsidiary, parent, sibling).

  • Agreement: These terms and conditions, along with any related orders or statements of work (SOW) between Ananta and the Customer.

  • API: A programming interface used for communication between software applications, enabling integration or interaction.

  • Ananta Competitor: A person or entity engaged in the business of developing, distributing, or commercializing Internet security products or services that are similar to or competitive with Ananta’s products.

  • Ananta Data: Data generated through the use of Ananta EDR, including but not limited to correlative/contextual data, detections, and security alerts. This does not include Customer Data.

  • Ananta Tool: Any proprietary software, hardware, or tool used by Ananta in delivering services or running the EDR product, as defined in the relevant SOW or product documentation.

  • Customer: The entity using or benefiting from Ananta’s offerings, including any Customer Affiliate that places an order under these terms and conditions.

  • Customer Contractor: A third-party individual or entity (excluding Ananta Competitors) with access to the product for use solely on behalf of the Customer and subject to confidentiality obligations.

  • Customer Contractor Services: Products or services provided by Customer Contractors, such as third-party applications, technical support, training, or consulting related to the Ananta product.

  • Documentation: End-user technical documentation, manuals, and guides related to Ananta’s EDR software, detailing its features and usage.

  • Endpoint: Any physical or virtual device (e.g., servers, computers, laptops, containers, or mobile devices) running Ananta EDR agents.

  • Error: A reproducible failure of the product to perform as described in the product documentation.

  • Internal Use: The use of the Ananta product strictly for the Customer’s internal information security purposes, excluding any commercial use or use for external benefit.

  • Offerings: Collective term for Ananta’s products, product-related services, and professional services provided to the Customer.

  • Order: A document (such as a purchase order or statement of work) detailing the products or services ordered by the Customer, including quantities, pricing, and subscription terms.

  • Product: Ananta’s cloud-based software or other tools offered under the order, including APIs, data generated by the product, documentation, and any updates.

  • Product-Related Services: Services related to Ananta’s products, such as incident monitoring, technical support, training, and software updates.

  • Professional Services: Specialized services performed by Ananta for the Customer, which may include incident response, investigation, forensic services, training, or penetration testing, as specified in the SOW.

  • Services: A combined term referring to both Product-Related Services and Professional Services.

  • Statement of Work (SOW): A document outlining the professional services to be provided by Ananta, including deliverables, timelines, and fees.

  • Subscription/Order Term: The time period defined in the order during which the Customer has access to Ananta’s products or receives professional services.

  • Updates: Modifications or additions to the product, such as corrections, upgrades, or patches, provided by Ananta.

  • Software: The core components of Ananta EDR, including the agents, management tools, and any associated updates or patches.

  • Maintenance: Provision of software updates, bug fixes, and anomaly corrections to ensure the product operates as expected.

  • Deployment Mode: The method in which Ananta’s software is deployed, either on the Customer’s infrastructure or through a cloud-based environment provided by Ananta.

  • Partner: An entity authorized to distribute or resell Ananta’s software under a partnership agreement.

  • Prerequisites: The hardware, software, and network configurations required for the successful installation and operation of Ananta’s EDR system.

  • Royalty: The payment owed for the licensing of Ananta’s software, including maintenance and support for a specified period.

  • Support: Technical assistance provided to resolve any issues encountered by users of the Ananta system, including a knowledge base and troubleshooting guidance.

  • User: Employees or designated individuals within the Customer organization who use Ananta’s software for security monitoring or incident response.

  • Administrator(s): Authorized individuals within the Customer organization who are responsible for managing and administering the Ananta system, handling maintenance and support activities.

  • Anomaly: Any reproducible failure, error, or malfunction in the software that interferes with its normal operation. Classifications may include blocking or non-blocking anomalies, depending on severity.

  • IPR (Intellectual Property Rights): Legal rights related to the ownership and protection of intellectual property, including patents, trademarks, copyrights, and trade secrets associated with the Ananta system.

  • Production Incident: A situation where the software becomes inaccessible or fails due to issues such as misconfiguration, unmet prerequisites, or resource failures.

  • Open Source: Software components included in Ananta that are licensed under an open-source license.

Access & Use Rights

Evaluation Use

If Ananta approves the Customer’s use of an Evaluation Product, the terms applicable to Products shall also apply to Evaluation Products, except for the following conditions:

  • Duration: The evaluation period will be as mutually agreed upon by the Customer and Ananta and can be terminated at any time by either party.
  • “AS-IS” Provision: The Evaluation Product is provided without any warranties, and Ananta disclaims all liabilities related to the product during the evaluation period.
  • Use Restriction: The use of the Evaluation Product is limited to internal use by the Customer’s employees only.

Access & Use Rights

Subject to the terms of this Agreement, including the Customer’s payment of any applicable fees, Ananta EDR grants the Customer a non-exclusive, non-transferable, non-sublicensable license to access and use the Products in accordance with the provided documentation, solely for the Customer’s internal use during the applicable subscription period (“Subscription Term”).

  • Software Components: If the Customer subscribes to a Product that includes a downloadable software component (“Software Component”), the Customer is authorized to install and run multiple copies of the Software Components solely for internal use by the Customer and its Affiliates, subject to any quantity limitations in the applicable order.

  • Ananta Tools: If Ananta EDR provides any tools as part of its services, these tools are subject to the same terms of use, and the Customer may use them solely for internal use during the term of the applicable order. These tools are generally not included in all service engagements.

Restrictions

The access and use rights provided under this Agreement do not include, and the Customer agrees not to:

  • Use by Competitors: Authorize competitors of Ananta EDR to access, use, or view the Product or Documentation.
  • Modification: Alter, publicly display, translate, create derivative works, or otherwise modify the Product.
  • Sublicense/Transfer: Sublicense, distribute, or transfer the Product to any third party, unless expressly allowed under the “Assignment” section of this Agreement.
  • Unauthorized Access: Allow third parties (other than Customer’s authorized contractors) to access or use the Product.
  • Public Links: Create public internet links to, or mirror, the Product on any other server or device.
  • Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Product unless explicitly allowed by law.
  • Circumventing Security: Use the Product to circumvent security protocols or perform unauthorized surveillance, data exfiltration, or destruction.
  • Remove Notices: Remove or alter any proprietary rights notices on the Product.
  • Stress Testing: Conduct competitive benchmarking or publish any performance data related to the Product, except for internal use comparisons.
  • API Misuse: Use any feature of Ananta EDR’s APIs for unauthorized purposes.
  • Third-Party Assistance: Assist any third party in violating the above restrictions.

The Customer agrees to use the Product in compliance with applicable laws, and acknowledges that they are solely responsible for ensuring that their use of the Product complies with such laws.

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Installation & User Accounts

Ananta EDR is not responsible for installing Products unless the Customer has purchased installation services. For Products requiring user accounts, only the assigned individual may access or use the Product. The Customer is responsible for all actions performed under their user accounts. If the Customer learns of any unauthorized access, they must notify Ananta EDR immediately.

Malware Samples

If Ananta EDR provides malware samples to the Customer for evaluation or use, the Customer acknowledges that:

  • Accessing and using the malware samples is at the Customer’s own risk.
  • Malware samples should not be accessed through production systems, as doing so could infect and damage the Customer’s systems and data.
  • The Customer is prohibited from using the malware samples for malicious purposes.
  • Ananta EDR is not liable for any damage caused by accessing or using the malware samples.

Third-Party Software

The Products may include third-party software, including open-source software. The Customer will be provided with the applicable license terms and attributions for such third-party software.

Ownership & Feedback

All Products, Product-related services, and Ananta EDR Tools are licensed, not sold. Ananta EDR retains ownership of all intellectual property rights in the Products and related services. Any feedback or suggestions provided by the Customer to Ananta EDR may be used by Ananta EDR without compensation to the Customer.

Limitations

The Customer and Partner agree that they will not engage in any behavior that infringes upon the supplier’s intellectual property rights. These include, but are not limited to, reverse engineering, creating derivative works, sublicensing, distributing, or using the Software for commercial purposes without authorization. Additionally, they shall refrain from using the Software in a production environment under Evaluation or Demonstration Licenses without prior written consent from the supplier.

Termination of Rights

Once the agreed period of use ends, the Customer must stop using the Software, uninstall any agents, and delete all copies of the Software from their systems. If the Software is hosted on the supplier’s cloud, the supplier will deactivate access rights within ten (10) business days after the license expires.

Warranties

Warranty of Conformity

The supplier warrants that, for a period of thirty (30) days following the date of availability of the Software (the “Warranty Period”), and subject to use in accordance with the provisions of the contract, the Software will operate in conformity with the Documentation. In the event of a written complaint to the supplier describing the non-conformity during the Warranty Period, the supplier will use its best efforts, at its discretion, to correct the non-conformity either by means of a patch or a workaround. If the supplier is unable to correct the non-conformity within thirty (30) days of receipt of the complaint, the parties may terminate the contract, in which case the Customer may request from the Partner or the supplier, depending on who sold them the License, a refund of the amount of the Royalty paid prorata temporis. This warranty of conformity will not apply if the non-conformity is not reproducible or results from (i) use of the Software not in conformity with the provisions of the contract, (ii) a malfunction of the Operator’s or Customer’s computer system, or (iii) the fact that the Software has become inoperative for reasons beyond the supplier’s control.

Guarantee of Information

The Software enables alerts to be issued representing potential information system security risks. It is not a solution to guarantee the security of an information system, the resolution or identification of any security incident, or to meet any of the Customer’s specific needs. The Customer remains at all times responsible for implementing all other measures necessary to ensure the IT security of its infrastructures, in particular the backup of its data and the training of its employees on this subject.

No Guarantee

CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT THE SOFTWARE DOES NOT GUARANTEE OR WARRANT THAT IT WILL LOCATE OR DISCOVER ALL OF CUSTOMER’S SYSTEM THREATS, VULNERABILITIES, MALWARE, OR MALICIOUS SOFTWARE, AND CUSTOMER WILL NOT HOLD THE SUPPLIER RESPONSIBLE THEREFOR.

Warranties & Disclaimer

Product Warranty

If the Customer has purchased a Product, the supplier warrants to the Customer during the applicable Subscription/Order Term that the Product will operate without Error and has used industry-standard techniques to prevent the Products from injecting malicious software viruses into the Customer’s Endpoints.

Exclusions

The express warranties do not apply if the applicable Product or Service: (i) has been modified, except by the supplier, (ii) has not been installed, used, or maintained in accordance with this Agreement or Documentation, or (iii) is non-conforming due to a failure to use an applicable Update.

Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 8, THE SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SUPPLIER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS.

No Guarantee

THE SUPPLIER DOES NOT GUARANTEE THAT IT WILL FIND OR LOCATE ALL SECURITY THREATS, VULNERABILITIES, OR MALICIOUS SOFTWARE AND CUSTOMER WILL NOT HOLD THE SUPPLIER RESPONSIBLE FOR FAILING TO DISCOVER THEM.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: