These Terms of Service (“Terms”) govern your access to and use of the Forensk MSP Security Operations Platform (“Platform”), operated by Forensk, Inc. (“Forensk,” “we,” “our”). By accessing or using the Platform, you agree to be bound by these Terms.

1. Service Description

Forensk provides an AI-powered security operations platform for Managed Service Providers (MSPs), including:

Digital Forensics and Incident Response (DFIR) investigation tools
Ticketing and Professional Services Automation (PSA)
Compliance assessment and reporting
Integration with third-party security tools
AI-powered analysis, report generation, and automation
Forensk Agent for endpoint telemetry collection
Human analyst review and incident response support (where included in your tier)

2. Account Registration

2.1. You must provide accurate, complete information when creating an account.

2.2. You are responsible for maintaining the security of your account credentials and for all activities under your account.

2.3. You must notify us immediately at security@forensk.com if you suspect unauthorized access to your account.

2.4. One account per organization. Multiple users within an organization are managed through role-based access control.

3. Subscription and Pricing

3.1. Tiers: The Platform is offered in multiple subscription tiers (Professional, Enterprise, Commander, Premier) with different feature sets, endpoint limits, and analyst hour allocations.

3.2. Billing: Subscriptions are billed monthly or annually in advance. Payments are processed via Stripe.

3.3. Price Changes: We may adjust pricing with 60 days’ written notice. Annual subscribers are locked at their rate for the duration of their term.

3.4. Overages: Usage exceeding your tier limits (endpoints, investigations, analyst hours) will be billed at the rates specified in your subscription agreement.

3.5. Refunds: Monthly subscriptions are non-refundable. Annual subscriptions may be cancelled with a pro-rata refund for unused months after the first 90 days.

4. Acceptable Use

You agree NOT to:

Use the Platform for any unlawful purpose or in violation of any applicable law
Attempt to reverse-engineer, decompile, or disassemble the Platform
Access or probe systems you are not authorized to investigate
Share account credentials or allow unauthorized access
Use the Platform to develop a competing product
Upload malicious content designed to compromise the Platform itself
Exceed reasonable API rate limits or attempt to disrupt service availability
Use the AI features to generate intentionally false forensic evidence or reports

5. Data Ownership and Rights

5.1. Your Data: You retain all rights to data you upload, create, or generate through the Platform. This includes cases, evidence, reports, tickets, and client organization data.

5.2. License to Forensk: You grant us a limited license to process your data solely to provide the Platform services, including AI analysis, report generation, and integration syncing.

5.3. Data Portability: You may export your data at any time through the Platform’s API or by requesting a data export from support@forensk.com. We will provide your data in standard formats (JSON, CSV, PDF) within 10 business days.

5.4. Data Deletion: Upon account termination, we will retain your data for 30 days to allow retrieval, then permanently delete it. Audit logs are retained for 7 years per regulatory requirements.

5.5. Forensk IP: The Platform, its source code, AI models, algorithms, documentation, and all intellectual property remain the exclusive property of Forensk.

6. AI-Powered Features

Important: Forensk uses artificial intelligence (Claude by Anthropic) to assist with forensic investigation, report generation, compliance assessment, and other analysis tasks. AI-generated output should be reviewed by qualified professionals before use in legal, regulatory, or insurance contexts.

6.1. AI Accuracy: While we strive for accuracy, AI-generated analysis may contain errors. Every AI output is logged and flagged for human review. We recommend analyst verification for all forensic findings.

6.2. Human Review: Tiers that include analyst hours provide human expert review of AI findings. This is the recommended workflow for forensic-grade output.

6.3. AI Decision Logging: Every AI decision (model used, tokens consumed, cost, confidence score) is recorded in an immutable audit trail for transparency.

6.4. No Guarantee of Outcomes: Forensk does not guarantee that AI-powered investigations will identify all threats, prevent all incidents, or produce court-admissible evidence without human expert validation.

7. Service Level Agreement (SLA)

7.1. Platform Availability: We target 99.9% uptime for the Platform, measured monthly. This excludes scheduled maintenance (communicated 48 hours in advance).

7.2. SLA Credits: If monthly uptime falls below 99.9%, you are eligible for service credits as specified in your subscription agreement.

7.3. Incident Response: For tiers that include IR retainer coverage, we commit to initial investigation response within the SLA timeframes specified in your tier.

7.4. Support Response: Platform support requests are responded to within 4 business hours (Professional), 2 hours (Enterprise), or 1 hour (Commander/Premier).

8. Third-Party Integrations

8.1. The Platform integrates with third-party services (NinjaOne, SentinelOne, Huntress, Axcient, etc.). These integrations are provided “as-is” and depend on the availability and API compatibility of the third-party services.

8.2. You are responsible for maintaining valid credentials and subscriptions with third-party services you connect to Forensk.

8.3. Forensk is not responsible for changes to third-party APIs that may temporarily affect integration functionality.

9. Limitation of Liability

9.1. To the maximum extent permitted by law, Forensk’s total aggregate liability for all claims arising from or related to the Platform shall not exceed the total fees paid by you in the 12 months preceding the claim.

9.2. Forensk shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or business opportunities.

9.3. Forensk is not liable for actions taken by your clients, employees, or third parties based on Platform output, including AI-generated reports or recommendations.

9.4. The limitations in this section do not apply to breaches of confidentiality obligations or willful misconduct.

10. Indemnification

10.1. You agree to indemnify and hold Forensk harmless from claims arising from: (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) actions taken by your clients or end users based on Platform output.

10.2. Forensk will indemnify you against third-party claims that the Platform infringes their intellectual property rights, provided you promptly notify us and cooperate in the defense.

11. Confidentiality

11.1. Both parties agree to keep confidential any non-public information exchanged in connection with the Platform.

11.2. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.

11.3. We will not access your data except as necessary to provide the service, respond to support requests, or comply with legal obligations.

12. Term and Termination

12.1. Term: Monthly subscriptions continue until cancelled. Annual subscriptions auto-renew unless cancelled 30 days before the renewal date.

12.2. Cancellation: You may cancel your subscription at any time through the Platform or by emailing billing@forensk.com. Cancellation takes effect at the end of the current billing period.

12.3. Termination for Cause: Either party may terminate immediately if the other materially breaches these Terms and fails to cure within 30 days of written notice.

12.4. Effect of Termination: Upon termination, your access to the Platform will be disabled. Your data will be available for export for 30 days, then permanently deleted.

13. Dispute Resolution

13.1. Any disputes arising from these Terms will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

13.2. Arbitration will take place in the state where Forensk is headquartered, or remotely at the parties’ agreement.

13.3. Each party bears its own costs. The prevailing party may recover reasonable attorney’s fees.

14. General Provisions

14.1. Governing Law: These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles.

14.2. Entire Agreement: These Terms, together with your subscription agreement, constitute the entire agreement between the parties.

14.3. Severability: If any provision is found unenforceable, the remaining provisions continue in full force.

14.4. Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.

14.5. Assignment: You may not assign these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.

14.6. Force Majeure: Neither party is liable for delays or failures due to circumstances beyond reasonable control.

15. Contact

For questions about these Terms:

Email: legal@forensk.com
Address: Forensk, Inc.