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Terms of sale for Aikido Subscription


  1. Introduction
    Brainframe Technologies SARL, headquartered in Luxembourg, acts as an authorized reseller for the Aikido software security scanning solution. These Terms of Sale govern the resale of Aikido subscriptions (monthly or yearly) through Brainframe Technologies and supplement the terms provided directly by Aikido Security BV. By purchasing an Aikido subscription through Brainframe Technologies, you agree to these Terms of Sale and acknowledge the referenced agreements provided by Aikido Security BV.

  2. Applicable Terms and Agreements
    All Aikido subscriptions are subject to the following agreements established by Aikido Security BV:Brainframe Technologies acts solely as a reseller and is not responsible for the content or enforcement of these terms. Customers are advised to review these agreements carefully as they form the basis of their relationship with Aikido Security BV.

  3. Customer Support
    • Brainframe Technologies will serve as your account manager, offering first-line assistance and guidance to help you maximize the benefits of the Aikido solution.
    • Customers also retain the option to contact Aikido Security BV directly ([email protected]) for any matters related to product performance, data processing, or compliance with their terms. This includes access to Aikido's support channels such as direct email support and chat, ensuring comprehensive assistance when needed.

  4. Reseller Role and Liability
    • Brainframe Technologies’ role is limited to reselling subscriptions and providing account management support. All product features, performance, and liability are the responsibility of Aikido Security BV as defined in their agreements. 
    • To the extent permitted by law, Brainframe Technologies shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Aikido solution.

  5. Data Processing and Privacy
    • All data processing and privacy management are governed by Aikido Security BV under their published policies. Brainframe Technologies does not process, store, or control customer data related to the Aikido solution.
    • Customers retain ownership of their data as governed by Aikido Security BV’s policies. Upon termination or migration, access to data is subject to Aikido’s terms and conditions.

  6. Billing and Subscription Terms
    • Subscriptions may be billed monthly or yearly, based on the selected plan. Payments are processed through Brainframe Technologies, and invoices will reflect our company details.
    • Payments can be made through recurring credit card transactions via Stripe or PayPal. Bank transfers are accepted exclusively for yearly subscriptions.
    • Brainframe Technologies reserves the right to adjust pricing for subscriptions. Customers will be notified of any price changes at least 30 days before their next renewal date. 
    • Subscriptions remain non-refundable once activated. Customers are responsible for ensuring timely payments to maintain service continuity.
    • Late Payment Fines: Payments are due within 30 days of the invoice date. Late payments will incur a penalty of 1% of the outstanding amount per month, calculated on a pro-rata basis for the overdue period. 
    • All prices are exclusive of VAT and other applicable taxes unless explicitly stated. Customers are responsible for complying with any tax obligations in their jurisdiction. 

  8. Force Majeure
    • Neither Brainframe Technologies nor Aikido Security BV shall be held liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or governmental actions. 

  10. Confidentiality
    • Brainframe Technologies will treat all customer data and communications as confidential and will not disclose such information to third parties without prior consent, except as required by law.
       
  12. Termination and Migration
    • Brainframe Technologies reserves the right to terminate this reselling arrangement in the event of non-compliance with Aikido’s terms, non-payment, or other material breaches. Access to the Aikido solution will be disabled in case of untimely payment.
    • Unauthorized use of the Aikido solution, including but not limited to violating applicable laws or Aikido’s terms, may result in immediate termination of access without refund.
    • Subscriptions will automatically renew at the end of the billing term unless the customer provides notice of cancellation per email on [email protected] at least 30 days prior to the renewal date.
    • Customers have the option to migrate their subscription directly to Aikido Security BV at the end of their term upon termination of their contract with Brainframe Technologies and when respecting the notice periods. However, the pricing and conditions offered directly by Aikido may differ from those provided by Brainframe Technologies.
    • Termination notifications will be communicated via email to the customer’s registered email address or in writing.
    • No refunds will be issued for any unused portion of the subscription term upon termination, unless otherwise agreed in writing.

  14. Governing Law and Disputes
    • These Terms of Sale are governed by Luxembourg law. Any disputes arising from this agreement shall be resolved in accordance with Luxembourg legal processes.
    • Customers are responsible for ensuring their use of the Aikido solution complies with all applicable laws and regulations in their jurisdiction
    • Any disputes arising from this agreement shall first be attempted to be resolved through mediation. Mediation will be initiated by written notice from either party. The cost of mediation shall be shared equally unless otherwise agreed. 
    • If mediation fails, disputes will be resolved in accordance with Luxembourg law. 

These terms have last been updated on 4th of December 2024