Terms of Service

Effective Date: 09/22/2026

These Terms of Use (“Terms”) are a binding agreement between Bayside Solutions, Inc. (“Bayside Solutions, Inc.,” “we,” “us,” or “our”) and customers, users, partners, and any other persons authorized to access the ORQET Post-Delivery Email Threat Response platform, or any related service (each a “Service”) (“you” or “Customer”).  By accessing or using a Service, you agree to these Terms.  If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization.

These Terms govern free trials, demos, evaluations, self-serve access, and any other use of the Services that is not covered by a separate agreement between you and Bayside Solutions, Inc. (such as a Master Services Agreement or Proof of Concept Agreement).  If you have entered into such an agreement, that agreement controls to the extent of any conflict with these Terms.

The Services

The Services include our website, the ORQET Post-Delivery Email Threat Response platform, related dashboards and APIs, and any documentation, support, or other materials we provide.  We may add, change, or remove features at any time.

Some features of the Services use AI-assisted technology and automation to recognize previously analyzed emails, apply verdicts previously reached by human analysts, and remediate confirmed threats.

Accounts and Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use the Services.  You are responsible for the accuracy of the information you provide to us and for safeguarding your account credentials, API keys, and any other access mechanisms.  You are responsible for all activity that occurs under your account, except activity caused by our breach of our security obligations.

If you suspect any unauthorized access to your account, notify us promptly at [email protected].

Acceptable Use

Your use of the Services is governed by our Acceptable Use Policy (“AUP”), which is incorporated by reference.  The AUP includes restrictions that are specific to ORQET and we strongly recommend you read it.  We may suspend or terminate your access to the Services if you violate the AUP.

Customer Data and Privacy

When you use the Services, the ORQET platform may process email content, attachments, headers, metadata, and user-reported submissions from the email environment you connect (“Customer Data”).  Our handling of Customer Data is described in our Privacy Policy and, for customers with a signed agreement, our Data Processing Addendum.

As between you and us, you retain ownership of your Customer Data.  You grant us a worldwide, royalty-free license to host, process, transmit, and otherwise use Customer Data solely to provide and support the Services and to derive aggregated, anonymized threat intelligence as described in our Privacy Policy.

Free Trials, Demos, and Evaluations

If we offer you a free trial, demo, or evaluation, you may use the Services for the period and on the conditions we specify.  Trial and evaluation use is provided “AS IS” without warranty and without a service-level commitment.  Do not rely on the Services as a production security control during a trial or evaluation.  We may end a trial or evaluation at any time. If you participate in a proof-of-concept or validation evaluation, that evaluation is additionally governed by our Proof of Concept Agreement.

Fees

If your use of the Services requires payment, we will tell you the fees, payment terms, and billing cadence at the time of order.  Unless otherwise agreed, fees are non-refundable and payable in U.S. dollars.  We may change fees for future terms by giving you notice in advance of renewal.

Intellectual Property

We own the Services, including all software, documentation, detection logic, model parameters, and any improvements or derivatives.  We grant you a limited, non-exclusive, non-transferable right to use the Services during your authorized use.  We retain all other rights.
You may not: (a) reverse engineer, decompile, or attempt to derive the source code, model parameters, or detection logic of the Services; (b) use the Services to develop or train a competing product; (c) resell, sublicense, or transfer access without our written consent; or (d) remove or alter proprietary notices.

Threat intelligence and analytics we provide to you (“TI Output”) are licensed for your internal security use only. You may not resell, redistribute, or publish TI Output, or use it to train a competing detection or intelligence product.

If you provide feedback or suggestions about the Services, we may use them without restriction or obligation to you.

AI Features and Automated Actions

Some features of the Services use AI-assisted technology and automation, including automated remediation through Search and Purge on deployment models where it is enabled.

You acknowledge:

• No threat analysis, whether automated or human, is perfect. Incorrect verdicts, including false positives and false negatives, can occur.
• You will not rely on Service outputs as the sole basis for consequential decisions about individuals where applicable law requires human review.

Authority over Email Environment

You represent that you have the right and authority to authorize the Services to access, scan, classify, and (where you enable Search and Purge) delete email items in the mailboxes you connect.  You are solely responsible for ensuring that your grant of authority is consistent with your agreements with the affected users and with applicable law.

Third-Party Services and Integrations

The Services may integrate with third-party email providers, identity providers, ticketing systems, or other tools.  Your use of those third-party services is governed by the third party’s terms, and we are not responsible for them.  If you authorize a third-party integration, you authorize us to exchange data with that third party as necessary to deliver the integration.

Compliance and Certifications

Bayside Solutions, Inc. maintains an information security program that is independently audited. The Services are operated under: (a) a SOC 2 Type II examination; and (b) a GDPR compliance program. Current attestations are available under NDA on request.

Term and Termination

These Terms apply for as long as you use the Services.  You may stop using the Services at any time.  We may suspend or terminate your access to the Services if you violate these Terms or the AUP, fail to pay amounts due, or if continued provision would expose us to material legal or security risk.  We will generally try to give notice and an opportunity to cure where practical, but we may act immediately if necessary to protect the Services, other customers, or third parties.

Sections that by their nature should survive termination, including intellectual property, fees owed, disclaimers, limitations of liability, indemnification, and dispute resolution, will survive.

Disclaimers

EXCEPT AS EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT WITH US, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.  WE DO NOT WARRANT THAT THE SERVICES WILL DETECT ALL THREATS OR THAT AUTOMATED ACTIONS WILL PRODUCE THE OUTCOMES YOU EXPECT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

WE WILL NOT BE LIABLE FOR DAMAGES ARISING FROM AUTOMATED ACTIONS TAKEN BY SOAR PLAYBOOKS OR SEARCH AND PURGE FUNCTIONS THAT YOU CONFIGURED OR APPROVED, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

These limitations apply even if a remedy fails of its essential purpose.  They do not apply to liability that cannot be limited under applicable law.

Indemnification

You will defend, indemnify, and hold harmless Bayside Solutions, Inc. and its affiliates from any third-party claim arising from: (a) your Customer Data; (b) your use of the Services in violation of these Terms or the AUP; (c) your combination of the Services with non-Bayside Solutions, Inc. products in a way that gives rise to the claim; or (d) your violation of law or third-party rights.  We will give you prompt notice of the claim and reasonable cooperation in your defense, and you may not settle a claim in a way that admits liability on our part or imposes obligations on us without our consent.

Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. The Parties consent to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida for any dispute arising under these Terms.  The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Changes to These Terms

We may update these Terms from time to time.  Material changes will be communicated through your account or by other reasonable means.  If you continue to use the Services after the updated Terms take effect, you accept the update.

General

These Terms (together with any policy incorporated by reference and any separate signed agreement) are the entire agreement between us regarding the Services.  If any provision is unenforceable, the remainder will remain in effect.  Our failure to enforce any provision is not a waiver.  You may not assign these Terms without our written consent; we may assign them in connection with a merger, reorganization, or sale of assets.  These Terms do not create any third-party beneficiary rights.

Contact Us

Bayside Solutions, Inc.
220 Pasadena Ave South, St. Petersburg, FL 33707
Email: [email protected]