Astrolayb Terms of Service — Avistar Technologies, Inc.
Last updated: July 13, 2026
These Terms of Service ("Terms") are a binding legal agreement between you ("Customer," "you," or "your") and Avistar Technologies, Inc., a Delaware corporation doing business as Avistar AI ("Avistar," "we," "us," or "our"), governing your access to and use of Astrolayb, our non-human identity discovery and risk-scoring platform, together with any related software, APIs, documentation, and services (collectively, the "Service").
BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR ACCESSING OR USING THE SERVICE IN ANY WAY, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ORGANIZATION.
1.1 Eligibility. You must be at least 18 years old and authorized to act on behalf of any organization you represent. You may not access the Service if you are a direct competitor of Avistar, except with our prior written consent, and you may not access the Service for purposes of monitoring its availability, performance, or functionality, or for any competitive or benchmarking purposes.
1.2 Account Credentials. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You will notify us immediately of any unauthorized access or use.
1.3 Accurate Information. You agree to provide accurate, current, and complete information during registration and to keep that information updated. Creating an account using false identity information, a competitor's identity, or on behalf of an entity you are not authorized to bind is a material breach of these Terms.
2.1 Paid Service. Access to paid tiers of the Service (Starter, Professional, Advanced, and Enterprise) is governed by these Terms and any order form, statement of work, or similar document executed between you and Avistar (each, an "Order Form").
2.2 Freemium Scans. Avistar may, at its discretion, offer a limited free tier that permits a fixed number of scans ("Freemium Scans"). Freemium Scans are provided on an "as-is" basis, without any service level commitments, and are subject to rate limits, usage caps, and selective redaction of scan findings at Avistar's sole discretion.
2.3 No Abuse of Freemium. You will not create multiple accounts, use aliases, use false or obfuscated entity information, or otherwise attempt to circumvent the Freemium usage limits. You will not use Freemium Scans for the benefit of any third party or for any commercial purpose other than evaluation of the Service for your own internal use.
3.1 Customer Data. As between the parties, you retain all right, title, and interest in and to data you provide or make accessible to the Service from your cloud environments, identity providers, or on-premises systems ("Customer Data").
3.2 License to Avistar. You grant Avistar a worldwide, non-exclusive, royalty-free license to access, process, analyze, and use Customer Data solely as necessary to (a) provide, maintain, and improve the Service; (b) generate scan findings, risk scores, and remediation outputs; and (c) create Aggregated Data as defined below.
3.3 Aggregated Data. Avistar may create anonymized, de-identified, and aggregated data derived from Customer Data and Service usage ("Aggregated Data"), provided that such data does not identify you, your users, or your environments. Avistar owns all right, title, and interest in and to Aggregated Data and may use it for any lawful purpose, including product improvement, benchmarking, research, and the development of underwriting models and industry analytics.
3.4 Scan Results. Scan findings, risk scores (including outputs of the CypherScore methodology), remediation configurations (including YAML outputs), dashboards, and reports generated by the Service (collectively, "Scan Results") are provided to you for your internal security and compliance purposes. Scan Results incorporate and reflect Avistar's proprietary methodology and are subject to the confidentiality obligations in Section 5.
4.1 License. Subject to your compliance with these Terms and payment of applicable fees, Avistar grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the applicable subscription term solely for your internal business purposes.
4.2 Restrictions. You will not, and will not permit any third party to:
4.3 Audit. Avistar may monitor your use of the Service to verify compliance with these Terms, including through logging, rate analysis, and fingerprinting of Scan Results.
5.1 Confidential Information. "Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Avistar's Confidential Information includes, without limitation, the Service itself, Scan Results, CypherScore methodology, scan heuristics, risk models, YAML remediation logic, pricing, product roadmaps, technical documentation, and non-public features.
5.2 Trade Secrets. You acknowledge and agree that the following constitute trade secrets of Avistar under the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.), the Wisconsin Uniform Trade Secrets Act (Wis. Stat. § 134.90), and other applicable law: (a) the CypherScore scoring methodology, weights, and inputs; (b) the Astrolayb scan heuristics and detection logic; (c) the YAML remediation generation models and training data; (d) the Service's multi-tenant architecture and data pipelines; (e) Aggregated Data models used for underwriting and benchmarking; and (f) any non-public technical specifications, algorithms, source code, and know-how related to the Service (collectively, "Trade Secrets"). You acknowledge that Avistar takes reasonable measures to maintain the secrecy of its Trade Secrets and that the Trade Secrets derive independent economic value from not being generally known.
5.3 Obligations. The Receiving Party will (a) use Confidential Information only to exercise its rights and perform its obligations under these Terms; (b) protect Confidential Information using at least the same degree of care it uses for its own confidential information of similar importance, but in no event less than reasonable care; and (c) not disclose Confidential Information to any third party except to its employees, contractors, and advisors who have a need to know and who are bound by written confidentiality obligations at least as protective as those in this Section.
5.4 Exclusions. Confidential Information does not include information that the Receiving Party can demonstrate (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure without restriction; (c) is rightfully received from a third party without a duty of confidentiality; or (d) is independently developed without reference to or use of the Disclosing Party's Confidential Information. These exclusions do not apply to Avistar's Trade Secrets to the extent they remain protected under applicable law.
5.5 Survival. Confidentiality obligations survive termination of these Terms for five (5) years, except that obligations with respect to Trade Secrets survive for so long as the information continues to qualify as a trade secret under applicable law.
5.6 DTSA Notice. Pursuant to 18 U.S.C. § 1833(b), an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
5.7 Injunctive Relief. You acknowledge that a breach of this Section 5 may cause Avistar irreparable harm for which monetary damages would be inadequate, and that Avistar is entitled to seek injunctive or other equitable relief without the requirement of posting bond or proving actual damages, in addition to any other available remedies.
6.1 Ownership. Avistar and its licensors retain all right, title, and interest in and to the Service, Scan Results (excluding Customer Data contained therein), Aggregated Data, the names "Astrolayb," "CypherScore," and "Avistar," and all related logos, trademarks, and intellectual property. No rights are granted to you other than as expressly set forth in these Terms.
6.2 Feedback. If you provide suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant Avistar a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate the Feedback into the Service or any other Avistar product or service without restriction or obligation to you.
7.1 Fees. You will pay the fees set forth on the applicable Order Form or, in the absence of an Order Form, at Avistar's then-current list pricing. All fees are non-refundable except as expressly set forth in these Terms.
7.2 Taxes. Fees are exclusive of all taxes. You are responsible for all applicable sales, use, VAT, GST, and similar taxes, excluding taxes on Avistar's net income.
7.3 Late Payment. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Avistar may suspend the Service for non-payment after providing ten (10) days' written notice.
8.1 Term. These Terms commence on the date you first accept them and continue until terminated in accordance with this Section.
8.2 Termination for Cause. Either party may terminate these Terms if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days of written notice. Avistar may terminate immediately upon written notice if you breach Section 4 (Restrictions) or Section 5 (Confidentiality and Trade Secrets).
8.3 Effect of Termination. Upon termination: (a) your right to access the Service ceases; (b) you will promptly destroy or return all Confidential Information and Scan Results in your possession; and (c) Sections 3.3, 4.2, 5, 6, 7, 9, 10, 11, and 12 survive.
9.1 Mutual Warranty. Each party warrants that it has the legal authority to enter into these Terms.
9.2 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND AVISTAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AVISTAR DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT SCAN RESULTS WILL IDENTIFY ALL SECURITY RISKS OR VULNERABILITIES. SCAN RESULTS ARE INFORMATIONAL AND DO NOT CONSTITUTE LEGAL, REGULATORY, OR COMPLIANCE ADVICE.
10.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap. EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO AVISTAR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREEMIUM USERS, AVISTAR'S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
10.3 Exceptions. The limitations in this Section 10 do not apply to (a) breaches of Section 5 (Confidentiality and Trade Secrets); (b) breaches of Section 4 (Restrictions); (c) a party's indemnification obligations; or (d) liability that cannot be limited under applicable law.
11.1 Governing Law. These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
11.2 Venue. The state and federal courts located in Milwaukee County, Wisconsin have exclusive jurisdiction over any dispute arising out of or related to these Terms, and each party consents to personal jurisdiction and venue in such courts. Notwithstanding the foregoing, Avistar may seek injunctive relief in any court of competent jurisdiction to protect its Trade Secrets or Confidential Information.
11.3 Equitable Remedies. Nothing in these Terms limits either party's right to seek equitable relief, including temporary restraining orders and preliminary and permanent injunctions.
12.1 Entire Agreement. These Terms, together with any Order Form, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements and understandings.
12.2 Amendments. Avistar may update these Terms from time to time by posting the updated Terms and changing the "Last Updated" date. Material changes will be communicated at least thirty (30) days in advance. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
12.3 Assignment. You may not assign these Terms without Avistar's prior written consent. Avistar may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
12.4 Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
12.5 No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
12.6 Notices. Notices to Avistar must be sent to legal@avistar.ai with a copy to Michael Best & Friedrich LLP, Milwaukee, Wisconsin. Notices to you will be sent to the email on your account.
12.7 Export Controls. You will comply with all applicable export control and sanctions laws and will not use the Service in any jurisdiction subject to U.S. embargo.
12.8 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Avistar Technologies, Inc. | Milwaukee, Wisconsin | legal@avistar.ai
Astrolayb® and CypherScore™ are proprietary to Avistar Technologies, Inc. All rights reserved.