CTS-AI has been merged with Samurai XDR and is no longer supported.

Terms of Service

Effective Date: December 1, 2021

These NTT Security (US) Inc. (“NTT”) Terms of Service (these “Terms”) apply to NTT’s CTS-AI application for its automated threat detection and response security service for public cloud environments (including associated software and access to NTT’s hosted software application) (“Services”). These Terms are solely between NTT and you; the third party to whose services the Services may allow connection is not a party to these Terms. Separate license terms apply to your use of such third-party services. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms, and, in such event, “you” and “your” will refer to that company or other legal entity.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE WITH ALL THE TERMS, CONDITIONS AND LIMITATIONS OF THESE TERMS, YOU ARE NOT AUTHORIZED TO RECEIVE THE SERVICES. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THESE TERMS AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF NTT SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. ACCEPTANCE BY NTT IS EXPRESSLY CONDITIONAL ON YOUR ASSENT TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY NTT, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

  1. Subject to and conditioned on your payment of applicable fees and compliance with all the terms and conditions of these Terms, NTT shall provide you a limited, non-exclusive, non-transferable license to use and access the Services and documentation for Users for whom access to the Services has been purchased. Such use is limited to your internal business purposes.
  2. Restrictions and Unauthorized Use. You shall not (and shall not authorize any third party to): (i) decompile, disassemble, or otherwise reverse-engineer the Services or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Services by any means whatsoever; (ii) sell, sublicense, rent, loan, lease, distribute, market, or commercialize the Services for any purpose, including timesharing or service bureau purposes; (iii) remove any product identification, proprietary, copyright or other notices contained in the Services; (iv) modify or create a derivative work of any part of the Services, or incorporate the Services into or with other products or software not contemplated by these Terms or the documentation (v) use the Services for any competitive purpose or publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Services, or (vi) except for back-up purposes, copy or otherwise reproduce the Services.
  3. Applications and APIs. You hereby grant NTT the right to access, use, assess and test the application(s) and/or application programming interface(s) (“API(s)”) in connection with providing Services. You acknowledge and agree that NTT’s access and use of the application(s) and/or API(s) to provide Services, is not subject to any “Terms of Use” or other terms or conditions that may be posted on, linked or otherwise provided with, the application(s) and/or API(s). You represent that you are either the owner of the application(s) and/or API(s) or has the authority to permit NTT to provide Services in connection with such applications. You shall provide NTT adequate written evidence thereof upon NTT’s In the event any of the applications and/or APIs are subject to third-party rights, you shall indemnify NTT for any claims against NTT that arise from NTT accessing or using such applications and/or APIs to provide Services.
  4. Reservation of Rights. Each party reserves all rights not expressly granted in these Terms and no licenses are granted by either party to the other party under these Terms except as expressly stated in an order form, whether by implication, estoppel or otherwise. NTT or its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Services, documentation, and associated software, as applicable, including any modifications or improvements thereof. Subject to these Terms, you shall own all right, title and interest to all Reports. “Reports” means data reports that contain the results of the tests performed by the Services.
  5. Third-Party Services. We use may third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.
  6. Modification by NTT. NTT reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. NTT reserves the right to refuse any User access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, NTTS reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service.
  7. The term for the Services is month-to-month.
  8. Term, Billing and Payment. The term for the Services is month-to-month and NTT will bill and you agree to pay for the Services a subscription fee monthly in advance commencing the day you subscribe and continuing thereafter until you cancel the Service or terminate your account through the cloud marketplace where you purchased the Services. You may upgrade or downgrade the Service at any time through the cloud marketplace where you purchased the Services and the applicable subscription fee will be adjusted accordingly. In case of a downgrade the unamortized amount will be credited on the next month billing.
  9. Termination by You. You may terminate your account or cancel the Services at any time and for any reason through the cloud marketplace where you purchased the Services, and you will be entitled to a refund of the unamortized portion of the monthly subscription fee.
  10. Termination by NTT. NTT may terminate your account and your access to the Service (or, at NTT’s sole option, applicable portions of the Service) at any time and for any reason. NTT is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your account and all information and data associated therewith and NTT is under no obligation to compensate you for any such loss; provided, you will be entitled to a refund of the unamortized portion of the monthly subscription fee. Support. Any updates or support services or service level agreements for the Services will be provided as stipulated athttps://cyberthreatsensor.io/support/.
  11. You acknowledge that you may obtain information relating to the Services or NTT that has not been released to the public, including, but not limited to, code, technology, know-how, ideas, algorithms, testing procedures, structure, interfaces, specifications, documentation, bugs, problem reports, analysis and performance information, and other technical, business, product, and data (“Confidential Information”). You shall not disclose Confidential Information to any third party or use Confidential Information for any purpose other than the use of the Services as licensed under these Terms.
  12. Warranty Disclaimer. THE SERVICES AND THE DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE NTT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  13. You agree to indemnify and hold NTT, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any information you provide on or through the Service. As used in this section, “you” shall include anyone accessing the Service using your password.
  14. Limitation of Damages and Remedies. IN NO EVENT SHALL NTT OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE SERVICES, THIRD-PARTY USE OF THE SERVICES ENABLED BY YOU, OR YOUR OR THIRD-PARTY USE OF ANY DATA OR SOFTWARE ENABLED BY YOU VIA THE SERVICES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF NTT ARISING OUT OF THESE TERMS, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY YOU WITH RESPECT TO THE SERVICES OR ONE HUNDRED DOLLARS (US$100.00), WHICHEVER IS LESS. NTT SHALL NOT BE LIABLE FOR LOSS, INACCURACY, INCOMPLETENESS, OR RELEASE OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF NTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT NTT WOULD NOT PERMIT YOU TO USE THE SERVICES ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  15. Export Compliance. You acknowledge that the Services may be subject to export restrictions by the United States government and import restrictions by certain foreign governments. You shall not and shall not authorize any third-party to remove or export from the United States or allow the export or re-export of any part of the Services or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You agree to the foregoing and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Services are further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.
  16. Neither these Terms nor the licenses granted hereunder are assignable or transferable by you (and any attempt to do so shall be void). NTT may freely assign, delegate, license and/or transfer these Terms, in whole or in part, without consent. These Terms shall be deemed to have been made in and shall be construed pursuant to the laws of the State of Nebraska and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act. Subject to the foregoing, the provisions hereof are for the benefit of the parties only and not for any other person or entity. Any notice, report, approval, authorization, agreement or consent required or permitted hereunder shall be in writing; notices shall be sent to the address the applicable party has or may provide by written notice or, if there is no such address, the most recent address the party giving notice can locate using reasonable efforts. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. If any provision shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. This is the complete and exclusive statement of the mutual understanding of the parties with respect to the license granted herein and supersedes and cancels all previous written and oral agreements and communications relating to such license and any waivers or amendments shall be effective only if executed in writing by NTT; however, any pre-printed or standard terms of any purchase order, confirmation, or similar form, unless signed by NTT after the effectiveness hereof, shall have no force or effect. You are responsible for the information you provide or make available to the Services and you must ensure it is accurate, not misleading and does not contain material that is obscene, defamatory, or infringing on any rights of any third party; does not contain malicious code and is not otherwise legally actionable. The substantially prevailing party in any action to enforce these Terms will be entitled to recover its attorney’s fees and costs in connection with such action.
CTS-AI has been merged with Samurai XDR and is no longer supported.