Terms of Use

1. What this agreement consists of

Your use of RiskD3M is governed by the Bonterms Standard Online Cloud Terms (Version 1.0), published by Bonterms and incorporated here by reference, as modified and supplemented by the Provider-Specific Terms and Attachments below. Together these form the agreement between you and ElasticD3M, LLC ("ElasticD3M", "we", "us").

We use a published standard form deliberately. Bonterms terms are drafted to be balanced between provider and customer, are already familiar to enterprise legal teams, and can be reviewed once and reused, which spares your counsel the work of reading a bespoke agreement written by a vendor's lawyer. Where we depart from the standard form, we say so in section 2 rather than burying the change in a redline.

In the Bonterms terms, "Provider" means ElasticD3M, LLC. "Customer" means you and the organization you are authorized to represent. The "Cloud Service" is RiskD3M. By purchasing or using RiskD3M you accept this agreement on behalf of that organization.

The Bonterms Standard Online Cloud Terms are published by Bonterms under the Creative Commons Attribution 4.0 International licence. ElasticD3M is not affiliated with or endorsed by Bonterms, and the Provider-Specific Terms below are ours, not theirs.

2. Provider-Specific Terms

These modify and supplement the Bonterms terms. Where they conflict, these control.

2.1 What RiskD3M is, and is not

RiskD3M produces decision support: a transparent analysis of cyber financial materiality, an Item 1.05 worksheet, a computed disclosure window, a drafted Item 106 governance narrative, and an auditable record. RiskD3M is not legal, accounting, actuarial, audit, or investment advice, and using it does not create any professional or fiduciary relationship. RiskD3M does not determine materiality and makes no securities filing. Every output requires review and approval by your authorized officers or directors before use. The materiality determination and any disclosure decision are, and remain, yours.

2.2 Estimates are estimates

Loss-exposure figures are modeled from the evidence available and are inherently uncertain; actual results may differ. Where evidence is missing we widen the stated range or decline to score, and an unobserved control domain is reported as unobserved rather than treated as satisfactory. Nothing we produce is a warranty of security, a prediction of loss, or a representation that any control will prevent an incident.

2.3 Your responsibilities

You are responsible for the accuracy and completeness of the facts and evidence you supply, for obtaining any authorizations needed to share them, for your own legal and disclosure obligations, and for the decisions you make.

2.4 Release of your posture to a third party

Where RiskD3M measures your environment, the measurement is taken inside your own network and only scores, counts and cryptographic digests leave it. We release a posture attestation to an insurer, broker or other third party only under a consent you have recorded naming that party, with an expiry, and you may withdraw it at any time. We do not sell, license or aggregate customer posture data, and no attestation is produced without a live consent.

2.5 Fees

Fees are stated at checkout and are payable in advance. One-time engagements are billed once; subscription offerings, where available, are billed on a recurring, month-to-month basis until you end the subscription. See our Refund Policy.

2.6 Intellectual property

ElasticD3M retains all rights in RiskD3M, its models, methodology, and software (Patent Pending). You retain your own data and receive a license to use the analysis we deliver to you for your internal business purposes.

2.7 Eligibility

RiskD3M is offered in the United States only and is subject to our Eligibility and Prohibited Entity Policy.

3. Attachments

These form part of the agreement:

• Acceptable Use Policy
• Service Level Agreement
• Data Processing Agreement
• Eligibility and Prohibited Entity Policy
• Refund Policy

Our Privacy Policy describes how we handle personal information and is not part of this agreement.

4. Governing law and courts

This agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and the state and federal courts located in Bexar County, Texas have exclusive jurisdiction. This replaces the default governing law and courts in the Bonterms terms.

Customer data is processed in the United States. See the Data Processing Agreement.