Terms of Service

1. Acceptance of Terms

By accessing or using the KyberGate platform (the "Service"), operated by Kyber Systems LLC ("Company," "we," "us"), you ("Customer") agree to be bound by these Terms of Service. If you are entering into these terms on behalf of a school district or organization, you represent that you have the authority to bind that organization.

2. Description of Service

KyberGate provides cloud-based web filtering, classroom management, and student safety monitoring services for K-12 educational institutions. The Service includes KyberFilter (web filtering) and KyberPulse (safety monitoring), along with associated dashboards, APIs, device agents, and browser extensions.

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. Subscription and Payment

The Service is offered on a per-device annual subscription basis. Pricing is as published on our website or as agreed in a separate order form. Payment is processed through Stripe. Subscriptions auto-renew annually unless cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to circumvent or disable any security features
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to monitor individuals outside of your educational institution
• Share account credentials with unauthorized users
• Use student data for any purpose other than legitimate educational interests

6. Data Protection and FERPA School Official Designation

We process student data as a "school official" under FERPA. We comply with COPPA, CIPA, and applicable state student privacy laws. Our data practices are described in our Privacy Policy. We will enter into a Data Processing Agreement (DPA) upon request.

Company is designated as a "school official" with a "legitimate educational interest" under FERPA 34 CFR § 99.31(a)(1)(i)(B). Company is under the direct control of the school with respect to the use and maintenance of education records. Company uses personally identifiable information from education records only for the purpose for which the disclosure was made. Company shall not re-disclose education records to any third party except as authorized by the school district or as required by law.

7. Service Level Agreement

We target 99.9% uptime for the filtering proxy and dashboard services. Scheduled maintenance windows will be communicated at least 48 hours in advance. In the event of a service disruption, our proxy is designed to fail-open (allow traffic) rather than fail-closed (block all traffic) to avoid disrupting educational activities.

8. Intellectual Property

The Service, including all software, algorithms, designs, and documentation, is the intellectual property of Kyber Systems LLC. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. Your data remains your property.

9. Limitation of Liability

To the maximum extent permitted by law, Kyber Systems LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim. The Service is not a substitute for professional counseling, law enforcement, or emergency services.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available." We do not guarantee that the Service will catch all inappropriate content, gaming activity, or safety concerns. Web filtering and content classification involve inherent limitations, and no system can achieve 100% accuracy.

11. Indemnification

Each party shall indemnify, defend, and hold harmless the other party from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) breach of these Terms; (b) violation of applicable law; or (c) negligence or willful misconduct.

Company shall additionally indemnify Customer against third-party claims arising from Company's processing of student data in violation of FERPA, COPPA, or other applicable student privacy law.

12. Data Breach Notification

Company will notify Customer within 72 hours of a confirmed data breach affecting Customer's data. Notification will include:

• The nature of the breach and circumstances of discovery
• The categories and approximate volume of data affected
• Remediation steps being taken to contain and resolve the breach
• A designated point of contact for ongoing communication

Company will cooperate fully with Customer's incident response procedures, including providing timely updates and supporting any required notifications to affected individuals or regulatory authorities.

13. Insurance

Company maintains commercially reasonable insurance coverage, including general liability insurance, professional liability (errors and omissions) insurance, and cyber liability insurance. Proof of coverage is available upon request.

14. Data Portability

Customer may export all data at any time via the KyberGate dashboard or by contacting support. Upon termination of the subscription, Company will provide a complete data export within 15 business days upon request and will delete all Customer data within 30 days of termination.

15. Termination

Either party may terminate this agreement with 30 days written notice. We may suspend or terminate your access immediately if you violate these terms. Upon termination, your data will be available for export for 30 days, after which it will be permanently deleted.

16. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond the party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, internet or telecommunications failures, or power outages. The affected party shall notify the other party promptly and use reasonable efforts to mitigate the impact.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in New York County, New York.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

20. Entire Agreement

These Terms, together with the Privacy Policy and any executed Data Processing Agreement, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral. No modification of these Terms shall be effective unless in writing and signed by both parties, except for updates made in accordance with Section 18.

21. Contact