Terms of Service

These Terms of Service (the "Terms") are a legal agreement between Witina AI LLC, a Washington limited liability company ("Witina", "we", "us"), and the individual or entity agreeing to them ("Customer", "you"). They govern your use of the Witina AI network management platform, our websites, and the self-hosted distribution (together, the "Service").

By creating an account, accessing the Service, or agreeing in an order form, you accept these Terms. If you are accepting on behalf of an organization, you represent that you are authorized to bind it, and "you" means that organization.

1. The Service

Witina discovers, monitors, and manages configuration across network equipment. It works through a gateway — software you install and run inside your own network, which connects outbound to our hosted platform. You are responsible for operating the gateway and for the equipment it reaches.

We may change, add to, or remove features over time as the product develops. If a change materially reduces core functionality you are paying for, you may terminate the affected subscription on notice and we will refund the unused portion of any prepaid fees for it.

Some features may be offered as beta, preview, or evaluation. Those are provided as-is, may change or be withdrawn at any time, and are excluded from any commitment or warranty in these Terms.

2. Accounts

• You must provide accurate account information and keep it current.
• You are responsible for everything done under your account, including by your users, and for keeping credentials confidential. Tell us promptly at [email protected] if you suspect unauthorized access.
• You must be at least 18 and capable of forming a binding contract. The Service is for business use.

3. Your data

Your data is yours. As between us, you own all data you or your gateways send to the Service ("Customer Data"), including your network inventory, topology, configuration, and diagnostics. You grant us only the rights needed to operate the Service for you: to host, process, transmit, and display Customer Data, and to make backups.

We do not sell Customer Data. We may use it to operate, secure, support, and improve the Service, including to develop analytics and machine learning features. Two limits on that, which we do commit to: we will not disclose your Customer Data to another customer, and anything we derive from it for use beyond your account will be aggregated or de-identified so that it does not identify you, your users, or your network. We handle personal information as described in our Privacy Policy.

You are responsible for the accuracy and legality of Customer Data, and for having the rights necessary to give it to us.

4. Device credentials and the gateway

Credential secrets for your network equipment — passwords, SSH keys, SNMP community strings — are encrypted on the gateway you run and are not stored in our platform. We hold only a credential's name, type, description, and the devices it may be used on.

Two consequences follow, and you should plan for both. First, we cannot recover a credential secret for you; if every gateway holding it is lost, the secret is gone. Second, the security of those secrets depends on your operation of the gateway host.

5. Authorization to monitor and change

This is the obligation that matters most in a product like this one, so it is stated plainly. You may only point the Service at networks, devices, and systems that you own or are expressly authorized to monitor, access, and reconfigure. By connecting a device or supplying a credential, you represent that you have that authorization.

You must not use the Service to:

• Scan, probe, monitor, or access any network or device without authorization.
• Capture the contents of sessions or traffic in a way that violates wiretap, interception, or workplace-monitoring law in your jurisdiction. Session recordings and web captures are powerful and can contain personal data; deciding when it is lawful to capture them is your responsibility.
• Circumvent access controls, or attempt to reach another customer's data.
• Violate any applicable law, or infringe anyone's rights.
• Interfere with the Service — load-test it without our written consent, probe it for vulnerabilities outside a program we have agreed to, or disrupt it for others.
• Resell or provide the Service to third parties, except under a plan that permits it.

If you are a managed service provider, you may use the Service for your customers under a plan that allows it, provided you have each customer's authorization and your agreement with them is at least as protective as these Terms.

6. Plans, fees, and trials

• Fees, billing period, and included capacity are those shown at signup or in your order form. Unless stated otherwise, fees are in US dollars and exclusive of taxes.
• Subscriptions renew automatically for successive terms unless cancelled before the end of the current term. You may cancel at any time; cancellation takes effect at the end of the paid term.
• Usage above your plan's included capacity is billed as described on the pricing page in effect when you subscribed.
• Fees are non-refundable except where these Terms say otherwise or the law requires it.
• If payment fails we may suspend the Service after notice. We will retain Customer Data for at least 30 days after a suspension for non-payment so that you can bring the account current; after that we may delete it.
• We may change pricing for a renewal term with at least 30 days' notice before the renewal date. If you do not accept, you may cancel before renewal.
• Free trials and free plans are provided as-is and may be modified or discontinued. We may apply reasonable limits to them.

7. Self-hosted distribution

If we make a self-hosted distribution available, we grant you a limited, non-exclusive, non-transferable, revocable licence to run it internally for evaluation or under a plan permitting production use. You may not redistribute it, sublicense it, or remove its notices. It is provided as-is, without the availability commitments or support that apply to the hosted Service.

The self-hosted distribution runs entirely on your infrastructure. We have no access to it, and consequently no responsibility for its operation, security, or the data in it.

8. Intellectual property

We own the Service and everything in it other than Customer Data — software, interfaces, documentation, and trademarks. These Terms grant you a right to use the Service, not ownership of it. You may not copy, modify, reverse engineer, or create derivative works from the Service except to the extent that restriction is unenforceable where you are.

If you send us feedback or suggestions, we may use them without obligation or compensation. We will not identify you as their source without your permission.

9. Confidentiality

Each of us may receive information from the other that is marked confidential or would reasonably be understood to be. Each will use the other's confidential information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to people who need it and are bound to similar obligations. This does not apply to information that is public through no fault of the recipient, was already known, is independently developed, or must be disclosed by law — with notice to the other party where legally permitted.

10. Availability and support

We aim to keep the Service available, but we do not commit to a specific uptime percentage unless we have agreed one with you in writing. We may perform maintenance at any time, and will make reasonable efforts to give advance notice of maintenance we expect to be disruptive and to schedule it outside peak hours.

Support is provided through the channels described on our website for your plan.

11. Disclaimers

The Service is provided "as is" and "as available", and we disclaim all warranties to the fullest extent permitted by law, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or trade usage. We do not warrant that the Service will be uninterrupted, error-free, or secure against every threat.

In particular, and without limiting the above: the Service reads from and can change the configuration of live network equipment. We do not warrant that it will detect every problem, that alerts will be delivered or timely, or that a configuration change will produce the outcome you intend. You remain responsible for testing changes, for maintaining independent backups of device configuration, and for your own change-control practices. Do not rely on the Service as the sole safeguard for a network whose failure would cause serious harm.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms is limited to the fees you paid for the Service in the three months before the event giving rise to the claim. If you are on a free plan or trial, that amount is US$100. This limit applies across all claims in aggregate, not per claim.

These limits do not apply to: your obligations under section 5; your indemnity obligations; your obligation to pay fees; or liability that cannot be limited under applicable law.

13. Indemnification

You will indemnify us against third-party claims, and reasonable costs and legal fees, arising from your Customer Data, your use of the Service in breach of these Terms, or a claim that you were not authorized to monitor, access, or change a network or device you connected to the Service.

We will indemnify you against third-party claims that the Service, used as permitted, infringes a US patent, copyright, or trademark. This does not apply where the claim arises from Customer Data, from combining the Service with something we did not supply, or from your modification of the Service. We may, at our option, procure the right to continue, modify the Service to be non-infringing, or terminate the affected part and refund fees for the unused period.

Our indemnity obligation is subject to the limitation in section 12 and states our entire liability for any claim of infringement. Each party's indemnity is conditioned on prompt notice, sole control of the defence by the indemnifying party, and reasonable cooperation.

14. Term, suspension, and termination

• These Terms run while you have an account or an active subscription.
• We may suspend the Service, with notice where practicable, if your use threatens the security, integrity, or availability of the Service or another customer, or if required by law. We will restore it once the cause is resolved.
• Either party may terminate for material breach that is not cured within 30 days of written notice. We may terminate or suspend immediately, without a cure period, for a breach of section 5, for non-payment, or where continuing would expose us or another customer to legal or security risk.
• You may terminate for convenience at any time by closing your account, effective at the end of your paid term. We may terminate a subscription for convenience on 30 days' notice, and will refund the unused portion of any prepaid fees if we do.
• On termination, your right to use the Service ends. You may export Customer Data for 30 days after termination, except where we terminated for your breach of section 5, in which case we may end access immediately. After the export period we may delete Customer Data, and we have no obligation to retain it.
• Activity log records are retained for up to one year after account closure, and in archived form beyond that, as our record of security-relevant events. This is described in the Privacy Policy, and is an exception to the deletion above that you agree to by accepting these Terms.
• We may retain information for longer where the law requires it, or where we reasonably need it to establish, exercise, or defend a legal claim, to meet a regulatory or tax obligation, or to honour a legal hold. We keep only what that purpose requires.
• Sections that by their nature should survive do: 3 (ownership), 8, 9, 11, 12, 13, 14, and 16.

15. Changes to these Terms

We may update these Terms. We will post the updated version here with a new date, and for changes that materially affect your rights we will give reasonable advance notice by email to account administrators or in the app. Continuing to use the Service after a change takes effect means you accept it. If you do not accept a material change, your remedy is to terminate before it takes effect, and we will refund the unused portion of any prepaid fees.

16. General

• Governing law. These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Spokane County, Washington, and both parties consent to their jurisdiction.
• Entire agreement. These Terms, plus any order form and the Privacy Policy, are the whole agreement between us on this subject and supersede prior discussions. Terms in your purchase order do not apply.
• Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets, with notice.
• Severability and waiver. If a provision is unenforceable, the rest stands. Not enforcing a right is not a waiver of it.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• No third-party beneficiaries, and nothing here creates a partnership, agency, or employment relationship.
• Publicity. We may identify you as a customer, using your name and logo, on our website and in materials describing who uses the Service. Tell us at [email protected] and we will stop and remove you from current materials. Anything beyond that — a quote, a case study, a press release — needs your approval first.

17. Contact

Witina AI LLC
522 W Riverside Ave, Ste N
Spokane, WA 99201
United States

Legal: [email protected]
Security: [email protected]