Terms of Service
The terms that govern access to and use of the Wingback Security website, AI security platform, services, and related tools.
Effective 2026-02-24 · Updated
1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the Wingback Security website at wingback.ai and our AI security platform, services, and related tools (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms.
Wingback Security (“we,” “us,” or “our”) reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.
If you do not agree to these Terms, you must not access or use the Platform. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Definitions
- “Platform” means the Wingback Security AI security control plane, including all associated tools, dashboards, APIs, and documentation.
- “Services” means all products, features, tools, APIs, and support provided by Wingback Security through the Platform.
- “Agent” means an autonomous or semi-autonomous AI system that is managed, monitored, or governed through the Platform.
- “MCP Toolchain” means Model Context Protocol server configurations, tool integrations, and related infrastructure managed through the Platform.
- “Customer,” “User,” or “You” means any individual or entity that accesses or uses the Platform.
- “Customer Data” means all data, configurations, policies, and content that you upload, create, or manage through the Platform.
3. Use of the Platform
Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Platform. If you are using the Platform on behalf of an organization, you must be authorized to accept these Terms on their behalf.
Account Security
You are responsible for maintaining the confidentiality of your account credentials, including API keys, virtual keys, and access tokens. You must immediately notify us of any unauthorized use of your account or any other security breach. We are not liable for any loss arising from unauthorized use of your account credentials.
Compliance with Laws
You agree to use the Platform in compliance with all applicable local, state, national, and international laws and regulations, including those related to data protection, AI governance, and cybersecurity.
4. Acceptable Use Policy
You agree not to use the Platform to:
- Circumvent, disable, or interfere with any security controls or access restrictions of the Platform
- Use the Platform to facilitate unauthorized AI agent actions or bypass AI governance policies
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
- Access or attempt to access another customer’s data, configurations, or security policies
- Use the Platform or any information obtained from it to develop a competing product or service
- Violate any applicable AI governance regulations, including regulations related to AI safety and transparency
- Transmit any malware, viruses, or other malicious code through the Platform
- Use the Platform in any manner that could damage, disable, overburden, or impair our infrastructure
- Use the Platform to engage in any activity that is fraudulent, deceptive, or harmful
We reserve the right to suspend or terminate your access to the Platform if we reasonably believe you have violated this Acceptable Use Policy.
5. Intellectual Property
Our Intellectual Property
Wingback Security retains all right, title, and interest in and to the Platform, including all intellectual property rights. This includes our AI security policies, detection models, security intelligence, software, documentation, trademarks, and trade secrets.
Your Data
You retain all ownership rights in your Customer Data. You grant us a limited, non-exclusive license to use your Customer Data solely to provide, maintain, and improve the Platform and Services for you.
License to Use the Platform
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during the term of your subscription. This license does not include the right to sublicense, modify, or create derivative works of the Platform.
Feedback
If you provide us with any suggestions, ideas, or feedback regarding the Platform (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Platform without restriction or obligation to you.
6. Third-Party Content and Integrations
The Platform integrates with third-party services, including large language model (LLM) providers, MCP servers, agent frameworks, cloud platforms, and other tools. We are not responsible for the content, accuracy, availability, or practices of these third-party services.
Your use of third-party integrations through the Platform may be subject to the terms and conditions of those third-party providers. We encourage you to review the terms of any third-party service before connecting it to the Platform.
We do not endorse any third-party services and are not liable for any damages or losses arising from your use of third-party integrations.
7. Confidentiality
Each party agrees to protect the confidential information of the other party using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
Confidential information includes, but is not limited to: security configurations, policies, detection rules, API keys, business plans, customer lists, and technical documentation shared between the parties.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known by the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the disclosing party’s confidential information; or (d) is required to be disclosed by law, regulation, or court order, provided that the receiving party gives reasonable prior notice where permitted.
8. Disclaimers
THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WINGBACK SECURITY DOES NOT WARRANT THAT: (A) THE PLATFORM WILL PREVENT ALL SECURITY THREATS OR VULNERABILITIES INVOLVING AI AGENTS OR MCP TOOLCHAINS; (B) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (C) ANY SECURITY INTELLIGENCE OR RECOMMENDATIONS PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE OR COMPLETE.
Security intelligence and risk assessments provided through the Platform are for informational purposes and should not be considered a substitute for professional security advice. You are responsible for making your own security decisions based on your specific circumstances and risk tolerance.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINGBACK SECURITY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO WINGBACK SECURITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply regardless of the theory of liability, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Wingback Security and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use or misuse of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.
Wingback Security agrees to indemnify, defend, and hold you harmless from and against any third-party claims alleging that the Platform, as provided by us, infringes a valid intellectual property right of such third party, provided that you give us prompt written notice of the claim and reasonable cooperation in the defense.
11. Term and Termination
These Terms are effective from the date you first access or use the Platform and continue until terminated by either party.
Either party may terminate these Terms for material breach by providing written notice to the other party. The breaching party shall have thirty (30) days from receipt of such notice to cure the breach. If the breach is not cured within the cure period, these Terms shall terminate automatically.
We may immediately suspend or terminate your access to the Platform without prior notice if we reasonably believe your use poses a security risk, violates these Terms, or is required by law.
Upon termination, your right to access the Platform ceases immediately. The following sections survive termination: Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and General Provisions.
12. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The decision of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
Class Action Waiver
YOU AGREE THAT ANY CLAIMS RELATING TO THESE TERMS OR THE PLATFORM WILL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ARBITRATION.
13. General Provisions
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Wingback Security regarding the Platform.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
- No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
- Force Majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, epidemics, government actions, or failures of third-party infrastructure.
- Notices: All legal notices to Wingback Security should be sent to security@wingback.ai. We may send notices to the email address associated with your account.
14. Contact
If you have any questions about these Terms, please contact us at:
Wingback Security
Email: security@wingback.ai