Terms of Service

1. Acceptance of Terms

By accessing or using the KyberGate platform (the "Service"), operated by Kyber Systems LLC ("Company," "we," "us"), you agree to be bound by these Terms of Service. If you are entering into these terms on behalf of a school district or organization, you represent that you have the authority to bind that organization.

2. Description of Service

KyberGate provides cloud-based web filtering, classroom management, and student safety monitoring services for K-12 educational institutions. The Service includes KyberFilter (web filtering) and KyberPulse (safety monitoring), along with associated dashboards, APIs, device agents, and browser extensions.

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. Subscription and Payment

The Service is offered on a per-device, per-month subscription basis. Pricing is as published on our website or as agreed in a separate order form. Payment is processed through Stripe. Subscriptions auto-renew monthly unless cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to circumvent or disable any security features
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to monitor individuals outside of your educational institution
• Share account credentials with unauthorized users
• Use student data for any purpose other than legitimate educational interests

6. Data Protection

We process student data as a "school official" under FERPA. We comply with COPPA, CIPA, and applicable state student privacy laws. Our data practices are described in our Privacy Policy. We will enter into a Data Processing Agreement (DPA) upon request.

7. Service Level Agreement

We target 99.9% uptime for the filtering proxy and dashboard services. Scheduled maintenance windows will be communicated at least 48 hours in advance. In the event of a service disruption, our proxy is designed to fail-open (allow traffic) rather than fail-closed (block all traffic) to avoid disrupting educational activities.

8. Intellectual Property

The Service, including all software, algorithms, designs, and documentation, is the intellectual property of Kyber Systems LLC. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. Your data remains your property.

9. Limitation of Liability

To the maximum extent permitted by law, Kyber Systems LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim. The Service is not a substitute for professional counseling, law enforcement, or emergency services.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available." We do not guarantee that the Service will catch all inappropriate content, gaming activity, or safety concerns. Web filtering and content classification involve inherent limitations, and no system can achieve 100% accuracy.

11. Termination

Either party may terminate this agreement with 30 days written notice. We may suspend or terminate your access immediately if you violate these terms. Upon termination, your data will be available for export for 30 days, after which it will be permanently deleted.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in New York County, New York.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

14. Contact