Terms of Service

Effective Date: January 1, 2025
Last Updated: December 12, 2024

1. Acceptance of Terms

By accessing or using Sextant (the "Service"), provided by nuwest.ai ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, customers, and/or contributors of content.

2. Description of Service

Sextant is a SaaS platform that provides AI-powered cyber incident tabletop exercise facilitation, scenario libraries, compliance reporting, and related features. The Service is designed to help organizations practice crisis response and generate audit evidence for compliance frameworks.

Service Tiers:

  • Free Tier: Limited to 3 participants, includes core features
  • Professional Tier: Up to 12 participants, includes all standard features
  • Enterprise Tier: Unlimited participants, custom features, priority support

3. Account Registration

To use the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your password and account
  • Promptly update your account information if it changes
  • Accept all responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

You may not use another person's account without permission. Accounts are non-transferable.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service in any way that violates applicable laws or regulations
  • Transmit any malicious code, viruses, or harmful components
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Use the Service to harass, abuse, or harm another person or organization
  • Impersonate or attempt to impersonate the Company, employees, other users, or entities
  • Use automated systems (bots, scrapers) without written permission
  • Reverse engineer, decompile, or disassemble any part of the Service

5. Intellectual Property

Company Ownership: The Service and its original content, features, and functionality are owned by nuwest.ai and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

User Content: You retain all rights to content you create using the Service (exercise transcripts, custom scenarios, reports). By using the Service, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service.

AI-Generated Content: Content generated by our AI features (Games Master responses, AI NPC dialogue, compliance reports) is provided "as-is" for your use within the Service. We make no claims of ownership over your exercise data.

6. Subscription and Billing

Free Tier: The Free tier is provided at no cost with usage limitations (3 participants maximum). We reserve the right to modify or discontinue the Free tier with 30 days' notice.

Paid Subscriptions: Professional and Enterprise tiers are billed monthly or annually. By subscribing, you authorize us to charge your payment method on a recurring basis.

Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds for partial months.

Price Changes: We may modify subscription prices with 30 days' notice. Continued use after notice constitutes acceptance of new pricing.

Overages: If you exceed participant limits for your tier, you will be prompted to upgrade. Continued usage beyond limits without upgrading may result in service restrictions.

7. Data Privacy and Security

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Points:

  • All data is encrypted in transit (TLS 1.3) and at rest (AES-256)
  • Multi-tenant data isolation ensures your data is never visible to other organizations
  • We are SOC 2 Type II compliant and GDPR-ready
  • You retain ownership of all data you create using the Service
  • We do not sell or share your data with third parties (except as required by law)

8. Service Availability and Support

Uptime: We strive for 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible.

Support: Support levels vary by tier (contact us for details). We will make commercially reasonable efforts to respond within stated SLA times.

Service Modifications: We reserve the right to modify or discontinue features with 30 days' notice. Critical security updates may be applied without notice.

9. Disclaimer of Warranties

THE SERVICE IS 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, AND NON-INFRINGEMENT.

Compliance Disclaimer: While Sextant generates reports aligned with compliance frameworks (NIST CSF, NIS2, DORA, ISO 27001, SOC 2), we do not guarantee compliance certification. Compliance is the responsibility of your organization and should be verified by qualified auditors.

AI Disclaimer: AI-generated content (Games Master, AI NPCs, compliance suggestions) is provided for informational purposes only and should not be considered professional cybersecurity or legal advice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUWEST.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless nuwest.ai, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Any content you submit to the Service

12. Termination

By You: You may terminate your account at any time by contacting support or using the account settings interface. Termination takes effect at the end of the current billing period for paid accounts.

By Us: We may suspend or terminate your account immediately if:

  • You breach these Terms
  • Your account is inactive for more than 12 months
  • We are required to do so by law
  • We decide to discontinue the Service (with 60 days' notice)

Data Retention: Upon termination, we will retain your data for 30 days to allow for export. After 30 days, data will be permanently deleted unless otherwise required by law.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial.

Exceptions: Either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page with a new "Last Updated" date
  • Sending an email notification to your registered email address
  • Displaying a prominent notice within the Service

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and nuwest.ai regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Information

If you have questions about these Terms, please contact us: