SOAR Pack Guardian
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Terms of Service

Effective Date: March 26, 2026

These Terms of Service ("Terms") are a legal agreement between Lumynex ("Company," "we," "us," or "our") and the person or entity accepting these Terms ("Customer," "you," or "your"). These Terms govern access to and use of the SOAR Pack Guardian website, platform, APIs, and related services (collectively, the "Services").

By accessing or using the Services, you agree to these Terms. If you accept on behalf of an entity, you represent that you have authority to bind that entity.

1. Eligibility and Account Responsibility

  1. You must be at least 18 years old and authorized to enter contracts.
  2. You are responsible for all activity under your account credentials.
  3. You must keep credentials confidential and promptly notify us of unauthorized access.

2. Business Use

The Services are intended for business and organizational use. You agree to use the Services only for lawful internal security, compliance, and operations purposes.

3. Subscriptions, Fees, and Billing

  1. Paid plans, fees, billing cycles, and included usage are described in your order form, checkout flow, or pricing page.
  2. Unless otherwise stated, subscriptions renew automatically for successive terms equal to the initial term.
  3. You authorize us (and our payment processor) to charge all applicable fees, taxes, and overage charges.
  4. Fees are non-refundable except where required by law or expressly stated in writing.
  5. If payment is overdue, we may suspend access after reasonable notice.

4. Acceptable Use

You will not, and will not allow others to: 1. Use the Services in violation of law, regulation, sanctions, or third-party rights. 2. Attempt to gain unauthorized access to systems, accounts, or data. 3. Probe, scan, penetration-test, or benchmark the Services without prior written permission. 4. Upload malicious code, interfere with service integrity, or circumvent security controls. 5. Use the Services to build a competing product.

5. Customer Data and Instructions

  1. You retain ownership of data, content, and materials you submit to the Services ("Customer Data").
  2. You grant us a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely to provide and improve the Services and meet legal obligations.
  3. You are responsible for obtaining all rights, notices, and consents needed for your Customer Data.

6. Privacy and Data Processing

  1. Our handling of personal information is described in our Privacy Policy.
  2. If required by applicable law or contract, the parties will enter into a separate Data Processing Addendum (DPA).

7. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). Receiving parties will use reasonable care to protect Confidential Information and will use it only to perform under these Terms. Confidentiality obligations do not apply to information that is public, already known without obligation, independently developed, or lawfully received from a third party.

8. Intellectual Property

  1. The Services, including software, models, documentation, and branding, are owned by Company or its licensors and protected by intellectual property laws.
  2. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services during the subscription term.
  3. Feedback is voluntary. If you provide feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.

9. Third-Party Services

The Services may integrate with third-party services. We are not responsible for third-party products, content, security, or availability. Your use of third-party services is governed by their terms.

10. Service Changes and Availability

We may modify or discontinue features from time to time. We do not guarantee uninterrupted or error-free operation. We may perform maintenance that temporarily affects availability.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO COMPANY FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
  3. The limitations in this section do not limit liability that cannot be limited by law.

13. Indemnification

You will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, and employees from third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms or law, (b) your Customer Data, or (c) your infringement or misappropriation of third-party rights.

14. Suspension and Termination

  1. We may suspend access immediately if necessary to prevent security harm, legal exposure, or abuse.
  2. Either party may terminate for material breach not cured within 30 days after written notice.
  3. Upon termination, your right to use the Services ends. Sections intended to survive termination will survive.

15. Export and Sanctions Compliance

You represent that neither you nor your users are located in, organized in, or ordinarily resident in jurisdictions subject to comprehensive embargoes, and are not listed on prohibited or restricted party lists. You will comply with all export control and sanctions laws.

16. Governing Law and Dispute Resolution

  1. These Terms are governed by the laws of the State of Texas, excluding conflict-of-law rules.
  2. Before filing a claim, parties will attempt good-faith informal resolution for 30 days.
  3. Any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Dallas, Texas, under the AAA Commercial Arbitration Rules.
  4. Class Action Waiver: Disputes must be brought only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated, or representative action.
  5. Jury Trial Waiver: Each party waives any right to a jury trial to the extent permitted by law.
  6. Either party may seek injunctive relief for actual or threatened misuse of intellectual property or Confidential Information.

17. Changes to Terms

We may update these Terms from time to time. Material changes will be posted with a new effective date and, where required, notified through the Services or by email. Continued use after the effective date constitutes acceptance of updated Terms.

18. Miscellaneous

  1. These Terms (plus any order forms and incorporated policies) are the entire agreement regarding the Services.
  2. If any provision is unenforceable, remaining provisions remain in effect.
  3. You may not assign these Terms without our prior written consent, except in connection with a merger, reorganization, or sale of substantially all assets.
  4. No waiver is effective unless in writing.
  5. Nothing in these Terms creates a partnership, agency, or fiduciary relationship.

19. Contact

Lumynex
SOAR Pack Guardian, P.O. Box 312, Melissa, TX 75454
Email: support@soarpackguardian.com

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