Version: 1
Dated: 1 January 2025
Dymium, Inc.Terms and Conditions of Use Policy
These Terms and Conditions of Use (“Terms” and “Agreement”) apply to and govern:
1. your use of Dymium, Inc.’s website and services which are provided under the Dymium, Inc.’s brand, though including but not limited to the https://www.dymium.io/ website (“Website”), and
2. your use of Dymium, Inc. services, including without limitation both the Website and any other services provided to you pursuant to any other agreement with us, collectively referred to herein as (“Services”). In the event of any conflict between any of these Terms and the terms of any product-specific agreement, the specific terms of that agreement shall prevail.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
IN CONSIDERATION OF BEING PERMITTED TO USE OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TO TIME, THESE TERMS ARE A LEGAL CONTRACT BETWEEN DYMIUM, INC. AND YOU. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE AND/OR SERVICES, INCLUDING THE APPLICABLE LAW AND DISPUTE RESOLUTION PROVISION IN SECTION 18.
If you have any questions or concerns regarding this agreement, please contact us at support@dymium.io.
1: ACCEPTANCE OF TERMS/AGREEMENT
Dymium, Inc. is a United States company with its primary place of business in Los Gatos, California. In these Terms, “we”, “us” and “our” refers to Dymium, Inc.
In order to accept this Agreement, you must be of legal age to enter into a binding agreement. Your use of the Services will signify your agreement to be bound by the Agreement. If you do not agree to the terms and conditions of this Agreement, then do not proceed. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement, and/or by actually using any of the Services.You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@dymium.io. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
2: ELIGIBILITY
You must be of legal age and the age of majority in your jurisdiction of residence in order to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of your age or restricts your ability to enter into contracts such as this one due to age, then you must abide by such age limits and you must not use any of the Services.
3: PRIVACY POLICY
The protection of your personal information is important to us. We do not sell, rent, lease, or license your personal information to any party. Personal information you provide to Dymium, Inc. through the Services will be collected, used, managed and/or disclosed in accordance with the Privacy Policy [https://www.dymium.io/privacy-policy]. By accepting these Terms, and each and every time you access our Services, you consent to the collection, use and disclosure of your personal information by Dymium, Inc. in accordance with the Privacy Policy. In accordance with our Privacy Policy and in connection with your use of the Services, Dymium, Inc. may send you electronic service messages. These electronic messages may be sent for various reasons, including to notify you of future product releases, to convey security information, or to convey changes to our privacy policy and/or our Terms and Conditions of Service.
4: DESCRIPTION OF THE SERVICES
Our current services which are subject to change, include the following.
FEE-BASED PRODUCT/SERVICES
Dymium Platform
The Dymium Ghost Database provides real-time, transparent data governance that goes beyond typical access controls and eliminatesthe challenge of administering data governance policies. This product/service centralizes data access and management across many data sources; integrates with your existing identity and access management (“IAM”) infrastructure; allows you to define granular role-based access to data, redacting, masking, or substituting with synthetic data as needed; allows you to combine data from multiple sources into a single consistent virtual view and format; automatically identifies, classifies, and recommends policies for sensitive data; provides full access and query-level audibility; uses zero-trust client-based sharing to prevent attacks over insecure networks.
Ghost AI
Dymium Ghost AI is an enterprise AI portal that sits between the user and both public and private LLMs, whether they are located externally or in the enterprise, protecting data privacy, security, and regulatory compliance.Code-Blocker: Ghost AI prevents proprietary company code from being leaked to external LLMs, protecting intellectual property (“IP”).Dynamic Private Data Protection: With Ghost AI you can automatically detect and block PII and company-specific private data from leaving company control.Safely Boost Productivity: Ghost AI lets employees safely boost productivity without risking sensitive company data.
Ghost File
Dymium Ghost Files protects files and file servers from data theft and modernransomware and extortion campaigns by detecting and terminating activity atmultiple stages of an attack. While others use a passive, recovery-orientedapproach, Dymium constantly observes and meticulously records all file-relatedactivity transacted on network-attached shares, uses multiple methods, includingmachine learning, to identify kill chain behavior early in a campaign, andterminates malicious activity.
RESOURCES
Report(s)Blog(s)For informational and convenience purposes, we provide in the form of blog posts, information regarding developments within the industry and information regarding our products and/or services. By clicking on the links and blog posts, you are using Dymium, Inc.’s website and are subject to these Terms. Newsletter(s)We provide newsletters to our verified subscribers for information and convenience purposes. Should you wish to unsubscribe from our Newsletter, please follow the instructions that accompany each newsletter through its unsubscribe link. Article(s) & Research InformationWe provide articles and research materials for informational purposes only. Dymium, Inc. retains all rights to these materials. By clicking on the links and articles, you are using Dymium, Inc.’s website and are subject to these Terms.
5: SECURITY & VERIFICATION
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all administrators, sign up for user accounts by providing your corporate contact information. You must use your corporate email address. By accepting these Terms and Agreement, and using Dymium, Inc.’s products and/or services, you agree to:provide true, accurate, current and complete information about yourself as prompted when creating your accountmaintain and promptly update the information provided during account creation to keep it true, accurate, current, and completemaintain the security of your account, including: protecting your password; keep confidential any identification that we may provide you which allows access to the Services; not authorizing any third party or legal entity to use your account; and immediately change your password upon learning of any unauthorized use of your profile or any other breach of security and immediately notify us of such a breachmaintain full responsibility for your account and be solely responsible for any and all activities that occur under your profileprovide additional information for identity verification purposes to the satisfaction of Dymium, Inc. in order to process your personal information deletion requestsIf you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Dymium, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, of if you have caused the release of confidential information or password information to any unauthorized third parties, Dymium, Inc. may terminate your accounts and refuse current or future use of any or all of the Services.
6: PURCHASES & FEES
You may purchase products or services and access order history, amounts payable and similar account information by logging into your verified account. If you have any issues with your order, please contact us at support@dymium.io. The Services are to be billed in accordance with your agreement(s) and contract(s) with Dymium, Inc. which may include End User License Agreements (EULA) and/or subscription agreements.For our paid services and products, you are responsible for the timely payment of all fees. Payment options may include third-party service providers (“Payment Processors”) such as ACH bank transfer or online payment processor. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of your payment card and/or account issuer in addition to these Terms. Dymium, Inc. is not responsible for any errors by the Payment Processor. Overdue payments shall be subject to interest at the rate of one percent (1%) per month or the maximum amount permitted by applicable law, whichever is less.
7: EVALUATION PERIOD
If the Product is licensed to you on an evaluation or trial basis, then you may use the Product only for such purposes until the earlier of: (i) the end of the evaluation period, if any, specified in the Quote, the End User License Agreement (“EULA”) or otherwise communicated by us to you at the time of delivery; or (ii) the start date of a paid for license to the Product; (iii) termination by Dymium, Inc. in its sole discretion; or (iv) termination in accordance with the terms of the EULA. Any data that you enter into the Services, and any customizations made to the Services during the evaluation period will be permanently lost unless you (i) purchase the corresponding SaaS agreement or paid subscription plan for the account, (ii) or export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the evaluation period, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.
8: BETA SERVICE
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. The Beta Services may contain bugs, errors and other problems and you agree and acknowledge that Dymium, Inc. makes no representation or warranty of any kind with respect to the Beta Services. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. Beta Services will only be provided and offered to you if you have formed a prior agreement or purchased a subscription for one or more of Dymium, Inc.’s other Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Dymium, Inc. will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
9: USAGE RESTRICTIONS
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make the Services available to any third party (access of the Services by Customers to whom you provide services based on the Services will not be considered “third parties”) (ii) use the links to third party sites without agreeing to their website terms & conditions; (iii) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for for the transmission of “junk mail”, “spam”, “chain letters” or for the purpose of unsolicited mass distribution of email or phishing. or other illegal purposes; (vi) allow user licenses to be shared or used by more than one individual, other than by way of reassigning the user license to a new user; (vii) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; (viii) attempt to gain unauthorized access to the Services or its related systems or network; (ix) use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; (xii) use the Services for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (xiii) violate any applicable local, state, national or international law (“Applicable Laws”); (xiv) use the Services for any form of competitive or benchmarking purposes; (xv) remove or obscure any proprietary or other notices contained in the Services; and (xvi) use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another.Dymium, Inc. reserves the right to immediately terminate your use of the Services without notice should you not comply with any of the above rules. We reserve the right to investigate violations of any of the above to the fullest extent of the law.
10: INDEMINIFICATION
THIS PARAGRAPH STATES COMPANY’S ENTIRE OBLIGATION TO CUSTOMER WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. If a third party claims that the Product(s) infringes any patent, copyright, or trade secret, Dymium, Inc. will defend you against such claim at Dymium, Inc.’s expense and pay all damages finally awarded through judgment or settlement, provided that you promptly notified Dymium, Inc. in writing of the claim, allow Dymium, Inc. sole control of the defense and/or settlement, and cooperate with Dymium, Inc.in, the defense or settlement of such action. If such a claim is made or appears possible, Dymium, Inc. may, at its option, secure for you the right to continue to use the Product(s), modify or replace the Service so that it is non-infringing, or, if neither of the foregoing options is available in Dymium, Inc.’s reasonable opinion, terminate any Agreement or Licenses and refund to you any unamortized pre-paid fees for use of the Product(s) or Services. Dymium, Inc. shall have no liability or obligation hereunder with respect to any infringement claim if such infringement is caused by (i) compliance with your instructions, designs, guidelines, plans or specifications; (ii) your use of the Product(s) other than as specified in the applicable Documentation; (iii) modification of the Product(s) and/or Service by any person other than as authorized in writing by Dymium, Inc.; or (iv) the combination, operation or use of the Product(s) and/or Service with other product(s) or services not supplied by Dymium, Inc., where the Service would not by itself be infringing.
11: LIMITATION LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO MEMBER OF DYMIUM, INC. SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, REVENUE, ECONOMIC ADVANTAGE, GOODWILL, LOSS OF OR DAMAGE TO DATA, OPPORTUNITY OR SALES, DAMAGES FOR PERSONAL INJURY, OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT THE DYMIUM, INC. GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT OR TORT LAW, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT YOU MAY ACCESS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE DYMIUM, INC. GROUP FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. DYMIUM, INC. WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.THE LEGISLATION OF CERTAIN JURISDICTIONS DOES NOT ALLOW FOR CERTAIN EXCLUSIONS OF LIABILITY, SO THAT SOME OF THE PROVISIONS ABOVE OR ANYWHERE ELSE IN THESE TERMS MAY NOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS SHALL AFFECT YOUR APPLICABLE STATUTORY RIGHTS.WITHOUT PREJUDICE TO THE FOREGOING, THE AGGREGATE LIABILITY OF DYMIUM, INC. TO YOU IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES PAID TO COMPANY UNDER THE APPLICABLE ORDER FORM OR LICENSE FOR PRODUCT(S) WITHIN THE YEAR PRECEDING YOUR REPORT OF THE CLAIM TO US.
12: DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DYMIUM, INC. DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR PERSONAL EXPECTATIONS OR BE OF A CERTAIN QUALITY. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, COMPANY MAKES NO AND DISCLAIMS ALLWARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13: INTELLECTUAL PROPERTY OWNERSHIP
Dymium, Inc. alone (and its third-party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Dymium, Inc. If your use is limited to browsing, no right or license is granted to use Dymium, Inc.’s name, logo, and the product names associated with the Services such as “Ghost”. Otherwise, your rights are defined in any agreements you have entered into with us.
14: THIRD PARTY INTERACTIONS
Dymium, Inc.’s Services integrate with many third-party applications (hereinafter "Third-Party Application(s)"). Access and use of the Third-Party Applications may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third-Party Terms before accessing or using any Third-Party Application. You acknowledge and agree that Dymium, Inc. is not liable for any Third-Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Dymium, Inc. may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Dymium, Inc. Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
15: ENTIRE AGREEMENT
This Agreement, and any terms expressly incorporated herein by reference, will constitute the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous communications, oral or written, signed or unsigned, regarding such subject matter. Use of any purchase order or other document you supply in connection with this Agreement will be for administrative convenience only and all terms and conditions stated therein will be void and of no effect. Except as otherwise expressly contemplated in this Agreement, this Agreement may not be modified or amended other than in writing signed by you and us. If we have provided you with a translation of the English language version of this Agreement, you agree that such translation is provided for your convenience only and that the English language version, not the translation, of this Agreement will be legally binding on you.
16: WAIVER AND SEVERABILITY OF TERMS
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
17: MODIFICATION OF THE SERVICES AND TERMS
Dymium, Inc. reserves the right, at its sole discretion to change, suspend, or discontinue the Services (including without limitation, the availability of any feature or content) at any time. Dymium, Inc. may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.We reserve the right, at our sole discretion, to modify or replace any of these Terms. If we change these Terms, we will provide notice to you by posting the revised Terms on our Website and by indicating at the top of this page the date these Terms were last updated. Such changes will be effective when the revised Terms are posted to our Website, unless the jurisdiction in which you reside requires you to have thirty (30) days prior notice. In the latter case, the effective date of the revised Terms will be thirty (30) days after they are posted on the Website. You should check the Terms frequently for any revisions, and especially before your use of the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, you are no longer authorized to access or use the Services.
18: APPLICABLE LAW AND DISPUTE RESOLUTION
You and Dymium, Inc. agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Dymium, Inc. are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.You and Dymium, Inc. agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Dymium, Inc. shall be sent to contact@dymium.io. You and Dymium, Inc. further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Santa Clara County, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association, or its International Center for Dispute Resolution if appropriate; and (d) that the state or federal courts in Santa Clara, California have exclusive jurisdiction over any appeals of any arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND DYMIUM, INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
20: SUSPENSION TERMINATION OF USER ACCOUNT
We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to support@dymium.io within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty (30) days. We will also terminate your user account on your request.In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Similarly, you have the right to terminate your user account if Dymium, Inc. breaches its obligations under these Terms and in such event, you will be refunded the subscription fee for the unused portion of the subscription period. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.