Terms of Service

1Who we are

COMMARKAI is a sole proprietorship established in Ontario, Canada, with a mailing address at 197 Yonge St, Ste 201 #1003, Toronto, ON M5B 0C4, Canada. Contact: support@commarkai.com. In these terms, "we", "us" and "our" mean COMMARKAI; "you" means the person or organisation using the service.

2The service

COMMARKAI Incident Simulator lets you model an AI-supported service, simulate failures against that model, trace their likely effect on customers and staff, and plan a response. Depending on your plan, it may also include customization of the model, communication checkpoints, exports of your plans, and facilitated tabletop exercises. The service does not connect to, access, or monitor your systems. It works only from the information you choose to enter or give us.

Where it is available. The service is currently available to customers in Canada and the United States. It is not yet available in the European Economic Area or the United Kingdom, and we may be unable to accept a subscription from those regions until it is.

What is included depends on the plan you subscribe to. We may add, change or remove features. If we remove something material that you are paying for, we will give you at least 30 days' notice and you may cancel for a pro-rata refund of the unused part of your current period.

3Your account

• You must give accurate registration information and keep it current.
• You are responsible for everything done under your account, and for keeping credentials secure. Tell us promptly at support@commarkai.com if you suspect unauthorised access.
• You must be at least 16, and have authority to enter this agreement.
• Do not share one account across people where your plan sets a seat limit.

4Subscriptions and billing

• Subscriptions are billed in advance for the term you choose (monthly or annual) and renew automatically for the same term until cancelled.
• Annual plans are charged in full at the start of the year. The discount against the monthly price is the consideration for committing to the term.
• Prices are shown on our pricing page in US dollars and exclude taxes. Applicable Canadian GST/HST or other sales taxes are added where required.
• Payment is processed by Stripe. We do not receive or store your full card details.
• If a payment fails, we may retry it and may suspend access until it succeeds. We will email you before suspending.
• We may change prices. Existing subscribers get at least 30 days' notice by email, and the new price applies from the next renewal. If you do not accept it, cancel before that date.

5Cancellation and refunds

You can cancel at any time from Manage billing in the app. Once your cancellation takes effect, you will not be charged for any future period. On a monthly plan you retain access until the end of the billing period you have already paid for. On an annual plan access ends when we issue your refund for the unused months.

New subscribers get a 30-day money-back guarantee. If the service is not right for you, ask within 30 days of first subscribing and we will refund that payment in full. This applies once, to your first subscription.

Outside that window: on a monthly plan there is nothing to refund, because you keep the service to the end of the billing period you paid for. On an annual plan, the refund is prorated to the end of the current month, rounded up to the dollar. See our Refund Policy.

Nothing here limits any right you have under consumer protection law that cannot be limited by agreement.

6Acceptable use

Do not:

• Break the law, or use the service to help anyone else break it.
• Upload data you have no right to upload, or personal information you have no lawful basis to share with us.
• Attempt to gain unauthorised access to our systems, other customers' data, or anything you were not granted.
• Probe, scan or load-test our infrastructure without written permission. Simulating failures inside the product is the point; attacking the product is not.
• Resell, sublicense or white-label the service without our written agreement.
• Reverse engineer the service, or use it to build a competing product.
• Use it to monitor, rate or discipline individual people. Capacity and fatigue modelling is for planning staffing and relief, not for assessing employees.

We may investigate suspected breaches and take proportionate action, including suspension. Where we can, we will ask first.

7Your data and content

Your data stays yours. Topologies, scenarios, configurations, records and anything else you enter into the service belong to you. We claim no ownership of them.

You grant us only the licence we need to run the service for you: to host, process and display your content back to you and your authorised users. That licence ends when you delete the content or close your account.

We will not use your content to train machine learning models, will not sell it, and will not disclose it to other customers. How we handle personal information is set out in our Privacy Policy.

You can export your data at any time while your subscription is active. After closure we keep it for 30 days so you can recover it, then delete it, except records we must retain by law.

8Our intellectual property

The service, its software, design, documentation and the COMMARKAI name and marks are ours. You get a limited, non-exclusive, non-transferable right to use the service while you are subscribed and following these terms. Nothing else transfers.

If you send us feedback or suggestions, we may use them freely and without obligation. We will not identify you as their source without asking.

9What we do not promise

Simulations are models, not predictions. They depend on the information and assumptions you provide, and a real incident may behave differently from any scenario. The service does not detect incidents, test the security of your systems, or tell you whether a real incident is happening.

Simulated results are not predictions. The simulator shows how a failure would travel through the topology as you have modelled it. If your model is incomplete or wrong, the output will be too. Simulation is a thinking tool, not a forecast, and must not be treated as assurance that real systems will behave the same way.

The service does not replace your own monitoring, security testing, on-call arrangements, or judgement. It is one input among several. Decisions about your customers, your contracts and your operations remain yours.

We do not give legal, financial or compliance advice. Anything the service reports about service levels, breaches or credits is derived from settings you supplied, and is not a legal determination of your obligations.

Except where the law says otherwise, the service is provided "as is", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant uninterrupted or error-free operation.

10Limitation of liability

To the fullest extent the law allows:

• We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill or business interruption, even if we were told such damage was possible.
• We are specifically not liable for any incident, or for any difference between a simulation and what really happens, nor for decisions you took based on the service's output.
• Our total aggregate liability arising out of or relating to this agreement is limited to the amount you actually paid us in the 12 months before the event giving rise to the claim.

Nothing in this section excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under consumer protection law that applies to you and cannot be limited by agreement.

You accept that these limits are a reasonable allocation of risk, and are reflected in what we charge.

11Indemnity

You agree to indemnify us against claims, losses and reasonable legal costs arising from your breach of these terms, your misuse of the service, or content you put into it that you had no right to use, including any claim by your own customers relating to data you provided to us. We will tell you promptly about any such claim and let you control the defence, provided any settlement does not admit fault on our part or impose obligations on us.

12Suspension and termination

You may close your account at any time. We may suspend or terminate your access if you materially breach these terms and do not fix it within 14 days of us telling you, if payment fails and stays unpaid, or if we are legally required to.

We may suspend immediately and without notice where continued access poses a security risk to other customers or to us. We will tell you why as soon as we reasonably can.

We may also discontinue the service entirely, with at least 60 days' notice and a pro-rata refund of anything you have paid for a period you will not receive.

Sections 7, 8, 9, 10, 11 and 14 survive termination.

13Changes to these terms

We may update these terms. For any change that materially affects your rights or obligations we will email you at least 30 days before it takes effect. Continuing to use the service after that date means you accept the change; if you do not, cancel before it applies and we will refund the unused part of your current period.

14Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules. The courts of Ontario have exclusive jurisdiction, and both of us submit to them.

Nothing here removes a protection that consumer protection law in your own province or state gives you and does not allow to be waived by agreement.

Before starting proceedings, please email support@commarkai.com. Most disputes are faster to resolve directly, and we will engage in good faith.

15General, and how to reach us

• Entire agreement. These terms, the Privacy Policy and the Refund Policy are the whole agreement between us about the service.
• Severability. If a provision is unenforceable, the rest stands and that provision is read down to the minimum extent needed.
• No waiver. Not enforcing something once does not waive it.
• Assignment. You may not assign this agreement without our consent. We may assign it as part of a sale or transfer of the business, on notice to you.
• Force majeure. Neither of us is liable for failures caused by events genuinely beyond reasonable control.
• No partnership. Nothing here creates a partnership, joint venture, agency or employment relationship.
• Notices. To you, by email to your account address. To us, to support@commarkai.com or by post to COMMARKAI, 197 Yonge St, Ste 201 #1003, Toronto, ON M5B 0C4, Canada.