CYBO Attest
Terms of Use
These Terms of Use govern your access to and use of products and services provided by Ulap Inc. (“Company,” “we,” “us,” or “our”), including the CYBO platform and CYBO Attest application (collectively, the “Offerings” or “Services”). By registering for an account or by accessing or acquiring Ulap Inc.’s Offerings, you (“you”, “Customer”, or “User”) accept and agree to these Terms of Use and all other applicable terms and conditions, policies, or disclaimers referenced herein (collectively, the “Terms”).
If the Customer is entering into this Agreement on behalf of a company or other legal entity, the Customer represents that: (i) it has full legal authority to bind such entity to this Agreement; and (ii) it agrees to the terms of this Agreement on behalf of the respective entity. The Customer and Ulap Inc. shall each be referred to as a “Party” and collectively as the “Parties”.
CUSTOMER ACKNOWLEDGES THAT ONCE IT CLICKS TO ACCEPT OR OTHERWISE AGREES TO THIS AGREEMENT, IT WILL BE EFFECTIVE IMMEDIATELY, AND THE CUSTOMER AGREES ON BEHALF OF ITSELF AND ITS ORGANIZATION TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Ulap Inc. retains the right to modify these Terms of Use at any time at its sole discretion. Continued use of the Offerings by the Customer following any changes to the Terms of Use will be considered acceptance of such new or modified terms.
1. Use of Offerings
1.1 Account. To access and use the Offerings, the Authorized User must provide certain information required for Ulap Inc. to create and administer their Account, including name, email address, and billing information (“Account Data”). Customer is responsible for maintaining the confidentiality of the Account, including any API tokens or credentials Ulap Inc. provides. Customer is solely responsible for all activities that occur under Customer’s Account and must promptly notify Ulap Inc. of any unauthorized use or compromised credentials.
1.2 Authorized Users. Only Authorized Users (employees and contractors working on behalf of and authorized by Customer) may access and use the Offerings. Customer will inform Authorized Users of all relevant policies and obtain all necessary rights, permissions, and consents for the lawful use and operation of the Offerings.
1.3 Conditions of Use. Customer will use Offerings only in accordance with these Terms and any applicable subscription plan, including any usage parameters, limitations, or restrictions. Customer agrees to use Offerings solely for Customer’s own internal business use and in accordance with applicable law.
1.4 Subscription Limits. Customer agrees that Authorized Users will not use Services beyond the Subscription Limits (defined as the usage limits, seat counts, repository scan volumes, or API call limits specified in Customer’s active subscription plan) that Customer is authorized for. Ulap Inc. may impose technical limits on usage beyond those Subscription Limits.
1.5 License to Host and Process Customer Data.
Customer Data. Customer retains all ownership and other rights in any data that Customer transmits to, uploads to, processes on, or stores in its instance of the Services, including source code, repository contents, configuration files, and scan records (“Customer Data”). Repository copies that Ulap Inc. makes in order to scan a repository are deleted when the associated application is removed from the Service, and Ulap Inc. does not keep backups of those copies. Scan logs contain scan results and do not contain source code.
Metadata. Customer’s use of the Offerings may generate device and network information, application telemetry, IP addresses, and system-level information (collectively, “Metadata”).
License Grant & Privacy Policy Alignment. Customer hereby grants to Ulap Inc. a non-exclusive, worldwide, royalty-free license to collect, access, process, transmit, store, and otherwise use Customer Data and Metadata solely to provide, administer, and support the CYBO Attest service.
No AI Training. Notwithstanding anything to the contrary, Ulap Inc. will not use Customer Data, repository contents, or scan records to train, fine-tune, or improve any AI models. Processing is strictly limited to service delivery, which may include: (a) creating temporary repository copies for security scanning; (b) facilitating AI client connections through the Model Context Protocol (MCP); and (c) executing CERA model calls as required to generate explainable AI outputs and security findings for the Customer.
1.6 Data Privacy and Security. Ulap Inc. takes commercially reasonable technical and organizational measures to protect the confidentiality, integrity, and availability of Customer Data. Ulap Inc. will process any personal information shared by Customer as a “service provider” or “processor” in compliance with applicable privacy laws, including the California Consumer Privacy Act (CCPA). For more details, please review our Privacy Policy at ulapcybo.app/privacy.
1.7 Modifications to Offerings. Ulap Inc. may change the Offerings and associated content, interfaces, and features from time to time. Ulap Inc. may discontinue the provision of any Offerings in its sole discretion with thirty (30) days of written notice to Customer.
2. SaaS Services
2.1 CYBO Attest Service. The Services consist of making the CYBO Attest software available to Customer online as a service during the applicable Subscription Term. This includes automated container and repository security reviews, where every release is scanned and findings are ranked with explainable AI.
2.2 MCP and CERA Integrations. The Services may utilize the Model Context Protocol (MCP) to connect AI clients and execute CERA model calls to generate security insights. Customer acknowledges that these integrations are subject to the data handling restrictions outlined in Section 1.5.
3. Intellectual Property
3.1 Customer Data. Nothing in this agreement conveys to Ulap Inc. any title or interest in or to Customer Data. Ulap Inc. may use Customer Data solely for the purpose of performing the Services (e.g., scanning repositories).
3.2 Ulap Inc. Intellectual Property. Customer agrees that all worldwide patent, copyright, and other intellectual property rights in the Offerings, including the CYBO platform, Attest application, CERA model implementations, and all copies of the software, are the exclusive property of Ulap Inc. and its licensors. All software is licensed, not sold.
3.3 Third-Party Trademarks and Open-Source. The Services may analyze or reference third-party software, including open-source projects. Customer acknowledges that all third-party trademarks are the property of their respective owners. Customer is solely responsible for ensuring that its use of any third-party trademarks or branding in its repositories complies with applicable license terms and attribution requirements.
3.4 Feedback. Customer may provide Ulap Inc. with suggestions or feedback regarding the Offerings. By providing Feedback, Customer grants Ulap Inc. a perpetual, royalty-free license to use such Feedback for any purpose, without compensation to Customer.
4. Marketing and Communications
By creating an account, you agree that we may contact you with service-related notices.
5. Early Access and Beta Features
Ulap Inc. may in its sole discretion provide Customer certain Offerings that are not yet generally available, including Beta Services or Features (“Early Access Product”). Customer acknowledges that Early Access Products may not be fully functional or reliable. Ulap Inc. may terminate access to an Early Access Product at any time without notice. The strict data handling and "No AI Training" restrictions in Section 1.5 apply equally to all Early Access Products.
6. Limitations and Restrictions
Customer shall not: (a) license, sublicense, sell, resell, or distribute the Offerings to third parties; (b) disassemble, reverse engineer, or decompile the Software; (c) use the Offerings to develop a competing product or service; (d) use the Offerings to create, send, or run viruses or harmful code; or (e) attempt to circumvent any technological measures limiting access. Any breach of these obligations shall be deemed a material breach.
7. Third-Party Technology
The Offerings may integrate with third-party plugins, services, or technology. Ulap Inc. does not endorse and is not responsible or liable for the operation or functionality of such Third-Party Technology. Customer enables, uses, or accesses them at Customer’s own risk.
8. Disclaimer of Warranty
THE OFFERINGS PROVIDED HEREUNDER ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ULAP INC. HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE OFFERINGS ARE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION.
9. Term and Termination
9.1 Term. This agreement is effective upon Customer’s first purchase or registration for the Offerings and shall continue until terminated.
9.2 Termination for Cause. If Customer breaches this agreement, Ulap Inc. may terminate this agreement for cause upon written notice if the breach remains uncured for fifteen (15) days. Customer may terminate for cause upon thirty (30) days written notice of a material breach by Ulap Inc. that remains uncured.
9.3 Effect of Termination. Upon termination: (i) Customer’s right to access the Services will cease; (ii) Customer shall pay all fees owed up to the termination date; and (iii) Ulap Inc. will not delete Customer Data for thirty (30) days following termination, providing Customer a window to retrieve their data. After thirty (30) days, Ulap Inc. may delete all Customer Data, subject to the privacy commitments in Section 1.5.
10. Indemnity and Limitation of Liability
10.1 Indemnity. Ulap Inc. will defend and indemnify the Customer against any third-party claim alleging that the Offerings infringe or misappropriate a third party’s intellectual property rights, provided Customer gives prompt written notice and permits Ulap Inc. to control the defense.
10.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ULAP INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE. ULAP INC.’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO ULAP INC. IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Confidentiality
Each party will protect the other’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, and will use it only for purposes consistent with this agreement. Customer shall treat the terms of this agreement as Confidential Information of Ulap Inc.
12. Miscellaneous
12.1 Amendment. Ulap Inc. may amend these Terms of Use effective upon publication to its website or by giving notice to Customer.
12.2 Electronic Communications. By using the Offerings, Customer explicitly consents to receive all notices and information relating to the operation of the Offerings via email or other electronic means.
12.3 Choice of Law and Venue. This agreement will be interpreted under the laws of the State of Florida, without giving effect to any choice of law principles. Any claim by a party may be brought in the state or federal courts of competent jurisdiction located in Walton County, Florida. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
12.4 Construction. If the terms of this agreement conflict with a specific Ulap Inc. Order Form or Subscription Agreement, the terms of the Order Form or Subscription Agreement shall control. This agreement is in the English language and its English language version shall be controlling.
12.5 Force Majeure. No party shall be liable for any reasonable delay in performing any obligation under this agreement (other than the obligation to pay money) when such delay is directly caused by acts of God, war, terrorism, pandemics, government actions, internet or telecommunication failures, or other events beyond the party’s reasonable control.
12.6 Relationship Between the Parties. The parties are independent contractors. Neither party is the agent, partner, employee, or joint venturer of the other.
12.7 Severability. If any provision of this agreement is held unenforceable by a court, the remaining provisions shall continue in full force and effect.
12.8 Assignment. Ulap Inc. may assign this agreement upon notice to Customer. Customer may not assign this agreement without the prior express written consent of Ulap Inc., except in connection with a merger, acquisition, or sale of all or substantially all of its assets.
12.9 Entire Agreement & Government Customers. This agreement constitutes the entire agreement between the parties.
12.10 Contact Us.
If you have questions about these Terms, please contact us at:
Ulap Inc.
136 Norman Court
Inlet Beach, FL 32461
Email: contact@ulap.co
Web: ulapcybo.app