These Terms of Service ("Terms") govern your access to and use of the Global Rail Cyber Security platform, the Smert audit engine, related APIs, dashboards, and reports (collectively, the "Service"), operated by smert.ai Limited, a company incorporated in the Hong Kong Special Administrative Region of the People's Republic of China ("smert.ai", "we", "us"). By signing up, signing in, requesting an audit, starting the 7-day free trial, or otherwise using the Service, you accept these Terms on behalf of yourself and the organisation you represent ("Customer", "you").
1. Eligibility & accounts
- You must be at least 18 years old and have authority to bind your organisation.
- Sign-up and sign-in require a company email address. Free or personal providers (Gmail, Yahoo, Outlook, iCloud, Proton, etc.) and disposable addresses are not accepted.
- You are responsible for safeguarding credentials and for all activity under your account, including MFA enrolment where required.
- We may suspend or terminate accounts that breach these Terms, present a security risk, or remain unused for an extended period.
2. Authorization to test
The Service performs offensive security testing, including non-destructive exploitation and proof-of-concept generation. Before any audit run, you must accept our Authorization to Test. You warrant that, for every asset you submit (repository, endpoint, contract, agent, network, identity), you either own it or have a current written authorization from the legal owner to permit the testing contemplated by the Service.
3. Subscriptions, trial & fees
- We offer a 7-day free trial. A valid payment method is required to start the trial. No charge is made during the 7-day trial. On day 8 your card will be automatically charged the monthly fee of the selected plan and the subscription continues month-to-month at the published price until cancelled. You may cancel at any time before day 8 — including immediately after sign-up — via the billing portal at /billing → Manage, and you will pay nothing.
- Fees are billed in advance and are non-refundable, except where required by law.
- We may change pricing on at least 30 days' notice; changes apply at the next renewal.
- Taxes and duties are payable by you in addition to fees. Payments are processed by Stripe, which calculates and collects applicable VAT/GST/sales tax at checkout. Bank statements will show LINK.COM* SMERT.AI.
4. Acceptable use
You agree to the Acceptable Use Policy. You will not (a) test assets you are not authorized to test; (b) use the Service to violate any law, including export-control or sanctions rules; (c) reverse engineer, resell, or rent the Service except to the extent permitted by law; or (d) attempt to bypass safety gates, rate limits, or tenant isolation.
5. Intellectual property
smert.ai retains all rights in the Service, including the audit engine, PoC tooling, signatures, models, and reports' presentation. You retain ownership of the data you submit and of findings/reports generated for your assets, subject to a non-exclusive, worldwide licence to smert.ai to host, process, and improve the Service. Aggregated and anonymised telemetry may be used to improve detections.
6. Confidentiality
Each party will protect the other's confidential information with at least reasonable care and use it only to perform under these Terms.
7. Security & no warranty of completeness
We implement industry-standard safeguards (tenant-isolated RLS, HMAC ingest, signed PoCs, immutable audit log). The Service is provided "AS IS". We do not warrant that the Service will identify every vulnerability, that findings will be free of false positives or false negatives, or that a system tested will be secure. Security testing carries inherent risk; you accept that risk.
8. Disclaimers
To the maximum extent permitted by law, smert.ai disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
9. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility. Each party's aggregate liability arising out of or related to these Terms will not exceed the fees paid by you to smert.ai in the twelve (12) months preceding the event giving rise to the claim.
10. Indemnity
You will defend and indemnify smert.ai against any third-party claim arising from (a) assets you submitted without authorization, (b) your breach of the Authorization to Test or AUP, or (c) your unlawful use of findings or PoCs.
11. Suspension & termination
We may suspend the Service immediately for safety, legal, or non-payment reasons. Either party may terminate for material breach not cured within 30 days of written notice. On termination, your access ceases and we will delete customer data per our retention schedule, unless retention is required by law.
12. Export control & sanctions
You represent that you are not located in, and will not use the Service from, any jurisdiction subject to comprehensive sanctions, and that you are not on any restricted party list.
13. Force majeure
Neither party is liable for delay or failure caused by events beyond reasonable control.
14. Governing law & jurisdiction
These Terms are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the Hong Kong courts. Either party may elect to resolve a dispute by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its rules, seated in Hong Kong, in English.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified by email or in-app at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.
16. Miscellaneous
These Terms, with the referenced policies, are the entire agreement and supersede any prior agreement on the subject. If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our consent; we may assign in connection with a corporate transaction. Notices to smert.ai: support@smertai.com.