Terms of Use

By accessing or using the services, you agree to these terms. If you accept these Terms for a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree, do not access or use the Services.

1 Eligibility and Business Use

The Services are intended for business and professional use. You must be at least 18 years old, have legal capacity to enter into these Terms, and, when acting for an organization, be authorized to do so.

2 Services

PexLens provides software supply-chain security capabilities that evaluate software packages, dependencies, browser extensions, developer extensions, and related artifacts against threat intelligence and security policies. Features may include endpoint and project scanning, package-request evaluation, risk scoring, warnings, blocking, policy enforcement, and security reporting.

We may improve, add, modify, suspend, or discontinue features. For paid customers, we will use commercially reasonable efforts to notify you of material changes that materially reduce core functionality during the applicable subscription term. Specific commitments in an Order Form, service-level agreement, or data processing agreement control over conflicting provisions in these Terms.

3 Accounts and Administrators

• Provide accurate account information and keep it current.
• Protect credentials, use appropriate access controls, and notify us promptly of suspected unauthorized access.
• Accept responsibility for activity under your accounts, except to the extent caused by PexLens’s breach of these Terms.
• If an organization administers your account, its administrators may configure the Services, access account and device information, manage findings and policies, and suspend or terminate access.
• We may refuse, suspend, or disable an account that violates these Terms, creates a security risk, or is required to be restricted by law.

4 Customer Responsibilities

You are responsible for obtaining required authorizations before installing agents or extensions, scanning devices or environments, submitting data, or monitoring users. You must configure the Services consistent with applicable law, employment policies, contracts, and notices to users. You remain responsible for security decisions, software approvals, remediation, backups, and complementary safeguards.

5 Acceptable Use

You will not, and will not permit another person to:

• Reverse engineer, decompile, disassemble, or attempt to discover source code or non-public underlying structure, except to the limited extent applicable law prohibits this restriction.
• Modify, translate, or create derivative works of the Services except as expressly permitted in writing.
• Sell, resell, rent, lease, sublicense, timeshare, or provide the Services as a service bureau without written authorization.
• Use the Services or non-public output to build or train a competing product or service, or publish non-public benchmarking without prior written consent.
• Circumvent usage limits, access controls, security features, policy enforcement, or technical restrictions.
• Use bots, crawlers, scrapers, or other automated access except through documented APIs or as expressly authorized.
• Upload or transmit malware or harmful code except samples submitted through authorized security-testing workflows and handled in accordance with our instructions.
• Probe, disrupt, overload, or gain unauthorized access to the Services or related systems.
• Use the Services unlawfully, to violate third-party rights, or to monitor devices or individuals without appropriate authority and notice.

6 Trials and Beta Features

Free, evaluation, beta, preview, or early-access features may be used only for internal evaluation unless we state otherwise. They may be changed or discontinued at any time, may not be supported, and are provided AS IS without warranties or service-level commitments to the maximum extent permitted by law.

7 Orders Fees and Taxes

• Paid subscriptions are governed by the applicable ordering document or checkout confirmation (an “Order Form”).
• You will pay the fees and charges stated in the Order Form. Except as expressly stated there or required by law, fees are non-refundable.
• We may change fees for a renewal or future billing period with at least 30 days’ advance notice.
• Past-due undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum lawful rate, and we may suspend access after reasonable notice.
• Fees exclude applicable sales, use, and similar taxes. You are responsible for those taxes, excluding taxes based on our net income.

8 Intellectual Property

8.1 PexLens Technology

The Services, software, documentation, interfaces, designs, risk-scoring methods, threat intelligence, Service Data, content, and all related intellectual-property rights are owned by Clara Systems Inc. or its licensors. PexLens and associated names and logos are trademarks or service marks of Clara Systems Inc. Except for rights expressly granted in these Terms, we reserve all rights.

8.2 Limited License

During the applicable subscription or authorized use period, and subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes.

8.3 Customer Data

As between the parties, you retain your rights in information submitted to or collected through the Services on your behalf, including package manifests, dependency lists, scan targets, organization configurations, and related results associated with your environment (“Customer Data”). You grant PexLens the limited rights necessary to host, process, transmit, analyze, and display Customer Data to provide, secure, support, and improve the Services in accordance with these Terms, the Privacy Policy, and any applicable data processing agreement. You represent that you have the rights and permissions necessary for our processing of Customer Data.

8.4 Service Data and Feedback

We may generate and use aggregated or de-identified operational data, security signals, telemetry, and threat intelligence derived from operation of the Services (“Service Data”) to provide, secure, analyze, and improve the Services and our threat-intelligence capabilities, provided Service Data is not disclosed in a form that identifies you or reveals your confidential Customer Data. We may use feedback and suggestions without restriction or obligation.

9 Confidentiality

Each party may receive non-public business, technical, security, or financial information identified as confidential or that reasonably should be understood as confidential (“Confidential Information”). The receiving party will use at least reasonable care to protect it and will use or disclose it only as necessary to perform under these Terms or exercise contractual rights. These duties do not apply to information the receiving party can document was lawfully known without restriction, becomes public through no breach, is independently developed without use of Confidential Information, or is lawfully received from another source without duty of confidentiality. A legally compelled recipient may disclose Confidential Information after providing notice where legally permitted and reasonable assistance at the disclosing party’s expense.

10 Privacy and Security

Our Privacy Policy describes our processing of personal information. Each party will comply with privacy and security laws applicable to its own performance. If PexLens processes regulated personal information on your behalf, the parties may enter into an appropriate data processing agreement. You acknowledge that no security tool detects every threat and that use of PexLens does not replace a comprehensive security program.

11 Third Party Services and Registries

The Services may interoperate with third-party package registries, repositories, browsers, IDEs, cloud services, and other products. Third-party terms and privacy policies govern those services. We do not control and are not responsible for third-party services, content, availability, security, or changes. Inclusion or integration does not constitute endorsement.

12 Disclaimers

To the maximum extent permitted by law, the Services, Documentation, Risk Scores, Alerts, and Scan Results are provided “as is” and “as available.” PexLens disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

PexLens does not warrant that the Services will be uninterrupted, error-free, or completely secure; that output will be accurate or complete; or that every vulnerability, malicious package, compromised publisher, extension, or other risk will be detected or blocked.

You are responsible for reviewing output and maintaining appropriate additional safeguards.

13 Limitation of Liability

To the maximum extent permitted by law, neither party nor its affiliates will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, or data, arising from or related to the Services or these Terms, even if advised of the possibility.

PexLens’s total aggregate liability arising from or related to the Services or these Terms will not exceed the fees paid or payable by you to PexLens for the Services giving rise to the claim during the 12 months before the event giving rise to liability.

For free Services, PexLens’s total liability will not exceed US $100.

The exclusions and limitations in this Section do not apply to liability that cannot lawfully be excluded or limited. The limitations apply to the maximum extent permitted by law and regardless of the theory of liability.

14 Indemnification

You will defend, indemnify, and hold harmless Clara Systems Inc., PexLens, and their officers, directors, employees, agents, and affiliates from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from: (a) Customer Data; (b) your unlawful or unauthorized use of the Services; (c) your violation of these Terms; or (d) your violation of another person’s rights. We will provide reasonable notice and cooperation, and you may not settle a claim in a manner that admits fault by or imposes non-monetary obligations on an indemnified party without written consent.

15 Term Suspension and Termination

These Terms remain effective while you use the Services. Subscription terms are stated in the applicable Order Form. You may stop using free Services at any time. Paid subscriptions may be terminated as provided in the applicable Order Form.

We may suspend access where reasonably necessary to address a material breach, security threat, unlawful use, nonpayment, or legal requirement. Where practicable, we will provide notice and an opportunity to cure. We may terminate for an uncured material breach after reasonable notice, or immediately if the breach is incapable of cure or continued service would create material legal or security risk.

After termination, access rights end. We delete or anonymize Customer Data within 30 days, subject to an Order Form, data processing agreement, legal obligations, security needs, dispute resolution, enforcement, and ordinary backup cycles. Sections that by their nature should survive will survive, including Sections 8 through 18.

16 Export Controls Sanctions and Government Use

You will comply with applicable United States export-control and economic-sanctions laws. You represent that you are not prohibited from receiving the Services under applicable restricted-party lists or comprehensive sanctions. You will not use or export the Services for prohibited end uses or destinations. The Services are commercial computer software and documentation developed exclusively at private expense; United States government use is subject to the rights customarily provided to the public under these Terms and applicable procurement regulations.

17 Governing Law and Venue

These Terms and any dispute arising from them or the Services are governed by the laws of the State of California, without regard to conflict-of-laws rules. The state courts located in Santa Clara County, California, and the United States District Court for the Northern District of California will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18 Changes to These Terms

We may update these Terms to reflect changes in law, our Services, or business practices. We will post the revised Terms and update the Effective Date. For material changes affecting paid Services during a subscription term, we will provide reasonable advance notice where practicable. Changes will not apply retroactively unless required by law. Continued use after the effective date of updated Terms constitutes acceptance; if you do not agree, you must stop using the Services.

19 General Provisions

• Entire Agreement. These Terms, the Privacy Policy, applicable Order Forms, and expressly incorporated agreements constitute the entire agreement concerning the Services. An Order Form controls over conflicting provisions in these Terms for that order.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, financing, sale of substantially all relevant assets, or to an affiliate.
• Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain effective.
• No Waiver. Failure to enforce a provision is not a waiver.
• Force Majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, excluding payment obligations.
• Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
• Notices. We may send operational notices through the Services or to the account email. Legal notices to PexLens must be sent to the contact information below and are effective upon confirmed receipt.
• No Third Party Beneficiaries. These Terms do not create rights for third parties except expressly stated indemnified parties.

20 Contact Us

Clara Systems Inc., doing business as PexLens
1879 Lundy Ave., Suite 228, San Jose, CA 95131, United States
Email: [email protected]