Terms of Service & Privacy Policy

1. Terms of Service

These Terms of Service ("Terms") govern your access to and use of MagenSec software, services, and related web properties (collectively, the "Service") operated by Gigabits ("we," "us," or "our"). By installing MagenSec software, creating an account, or using any portion of the Service, you agree to be bound by these Terms.

If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not install or use the Service.

1.1 Service Description

MagenSec is an endpoint security platform that includes antivirus protection, vulnerability detection, compliance monitoring, software inventory management, and the MAGI AI security analysis system. The Service includes desktop agent software, a web-based portal, and related APIs.

1.2 Account Registration

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information and to update it as necessary. You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to create an account.

1.3 License Grant

Subject to these Terms and payment of applicable fees, Gigabits grants you a limited, non-exclusive, non-transferable, revocable license to install and use the MagenSec agent software on the number of devices permitted under your subscription plan, solely for your own internal security monitoring purposes.

2. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Attempt to reverse engineer, decompile, or extract source code from the MagenSec software
• Use the Service on devices you do not own or have authorization to monitor
• Resell, sublicense, or redistribute the Service without explicit written authorization
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure
• Attempt to gain unauthorized access to any systems, networks, or data
• Use the Service for any commercial security testing or penetration testing of systems you do not have permission to test
• Transmit malware, spyware, or other malicious code through the Service

3. Subscription & Billing

3.1 Free Trials

Personal plans include a 7-day free trial period. Business access is provisioned through guided pilot licenses issued on request.

3.2 Paid Subscriptions

After the trial period, continued use requires a paid subscription. All prices are in United States Dollars (USD) unless stated otherwise. Annual plans are billed once per year. Monthly plans are billed each calendar month.

3.3 Upgrades and Downgrades

You may upgrade your plan at any time; the incremental cost is prorated from the upgrade date. Downgrades take effect at the end of your current billing period.

3.4 Refunds

We offer a 14-day money-back guarantee from the date of first paid charge. Requests must be submitted to MagenSec@Gigabits.co.in within the 14-day window. After 14 days, subscription fees are non-refundable except as required by applicable law.

3.5 Cancellation

You may cancel your subscription at any time from the portal. Cancellation takes effect at the end of your current billing period. After cancellation, you retain access until the end of the period you have paid for. We do not pro-rate cancellations mid-period.

3.6 Price Changes

We will provide at least 30 days' notice before increasing subscription prices. Continued use of the Service after a price change constitutes acceptance of the new price.

4. Intellectual Property

The MagenSec software, website, MAGI AI system, branding (including the name "MagenSec," "MAGI," and associated logos), and all content created by Gigabits are the exclusive intellectual property of Gigabits and are protected by copyright, trademark, and other applicable laws.

Nothing in these Terms grants you any right to use Gigabits' trademarks, trade names, service marks, or product names except as explicitly permitted in writing.

You retain all rights to your data. You grant Gigabits a limited license to process your security telemetry data solely to provide the Service.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Gigabits does not warrant that:

• The Service will detect, prevent, or block all malware, vulnerabilities, or security threats
• The Service will be uninterrupted, error-free, or completely secure
• Any security recommendations provided by MAGI AI are complete, accurate, or appropriate for your specific circumstances
• The Service will meet your specific security, compliance, or regulatory requirements

Security is a shared responsibility. MagenSec provides tools, analysis, and recommendations, but cannot guarantee absolute protection from all threats. You remain responsible for implementing appropriate security measures for your organization.

MAGI AI outputs are AI-generated recommendations and should not be solely relied upon without appropriate human review for critical security decisions.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGABITS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Damages resulting from unauthorized access to or alteration of your data by third parties
• Any security breach, malware infection, ransomware, or cyber attack that occurs despite use of the Service

Aggregate Liability Cap: Gigabits' total aggregate liability to you for any claims arising out of or relating to the Service, regardless of the form of action, shall not exceed the total amount of fees actually paid by you to Gigabits in the 12 months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

Nothing in these Terms excludes liability that cannot be excluded by law, including liability for fraud, personal injury caused by negligence, or any other liability that applicable law does not permit to be excluded.

7. Privacy Policy

This Privacy Policy describes how Gigabits collects, uses, stores, and protects information from users of MagenSec. We are committed to protecting your privacy and complying with applicable data protection laws, in accordance with applicable laws where we operate.

7.1 Data Controller

The data controller for your personal data is:

8. Data Collection

8.1 Security Telemetry (Device Data)

The MagenSec agent collects the following categories of data from managed devices for the purpose of providing the Service:

• Software inventory: Names, versions, and installation status of software on each device
• Patch status: Applied and missing security updates
• Vulnerability data: CVE identifiers applicable to installed software
• System configuration: Operating system version, build, security settings (e.g., BitLocker status, firewall state)
• Running processes: Process names and signatures for behavioral threat detection
• Hardware identifiers: Device name, architecture, processor type
• Network connectivity indicators: Whether the device is online/offline (not traffic content)

8.2 What We Do NOT Collect

8.3 Account Data

When you create an account, we collect your email address, chosen password (stored as a one-way hash), and organization name if provided. Payment information is processed by our third-party payment provider and is not stored on MagenSec systems.

8.4 Service Usage Data

We collect anonymized usage analytics about how the portal is used (pages visited, features clicked) to improve the Service. This data is not linked to individual identities.

8.5 Data Processing Notice

MagenSec currently stores and processes customer telemetry in the United States region. We are not currently GDPR-compliant and do not represent this service as GDPR-certified.

We plan to add additional data regions based on customer requirements and contract commitments.

9. Your Data Rights

Subject to applicable law, you have the following rights regarding your personal data:

To exercise any of these rights, contact us at MagenSec@Gigabits.co.in with subject line "Data Rights Request." We will respond within 30 days. We may require identity verification before fulfilling your request.

If you need region-specific storage, contact us before purchase so we can evaluate requirements and provide contractual guidance.

10. Data Retention

We retain your data as follows:

• Account data: Retained for the duration of your account. Deleted within 30 days of account deletion request.
• Security telemetry: Retained for up to 12 months for trend analysis and historical reporting. Deleted upon account deletion.
• Billing records: Retained for 7 years as required by applicable financial regulations.
• Anonymized analytics: May be retained indefinitely as they contain no personal data.

11. Data Residency and International Data Transfers

Gigabits is based in India. MagenSec service data is currently hosted in the United States region.

By using the Service, you acknowledge and consent to processing and storage in the US region. Additional regions may be introduced in future based on customer demand.

12. Cookie Policy

The MagenSec website uses cookies and similar technologies to operate, analyze, and improve the website. We use:

• Strictly necessary cookies: Required for the website and portal to function. Cannot be disabled.
• Authentication cookies: Maintain your logged-in session in the portal.
• Preference cookies: Remember your settings (e.g., theme preference).
• Analytics cookies: Anonymous usage statistics to improve the website. No personal data is associated.

We do not use third-party advertising or tracking cookies. You can control non-essential cookies through your browser settings.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), with the seat of arbitration in Hyderabad, Telangana, India.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from courts with jurisdiction in Hyderabad, Telangana, India.

13.1 Class Action Waiver

To the maximum extent permitted by law, you agree to resolve any disputes with Gigabits on an individual basis and not as part of any class, collective, or representative action.

14. General Provisions

14.1 Changes to Terms

We may update these Terms at any time. We will provide at least 14 days' notice of material changes via email or prominent notice in the portal. Continued use of the Service after changes take effect constitutes your acceptance. For significant changes, we may require re-acceptance.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

14.3 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and Gigabits regarding the Service and supersede all prior agreements.

14.4 Assignment

You may not assign these Terms or any rights hereunder without our prior written consent. Gigabits may assign these Terms in connection with a merger, acquisition, or sale of assets.

15. Contact

For questions about these Terms, Privacy Policy, or to exercise your data rights:

We aim to respond to all enquiries within 2 business days and to all data rights requests within 30 days.