1. Agreement to the Terms of Service
These Terms of Service (the “Terms”) are a binding agreement between you and Komment AI Inc., a Delaware corporation (“Komment,” “we,” “us,” or “our”). They govern your access to and use of Komment’s websites, hosted applications, cloud services, accounts, and related documentation (collectively, the “Services”).
By creating an account, clicking to accept these Terms, executing an order that references them, or accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you use the Services for an organization, “you” and “Customer” mean that organization, and you represent that you have authority to bind it. Otherwise, “you” and “Customer” mean you individually.
2. Scope and order of precedence
These Terms apply to free and paid cloud plans and to hosted functionality accessed through a Komment command-line interface (“CLI”). Locally installed software, including the CLI, is also governed by the license distributed with it. That license controls if it conflicts with these Terms regarding the local software itself.
Enterprise, on-premises, virtual private cloud, marketplace, professional-services, service-level, and other negotiated offerings are available only under an order form or separate signed agreement (an “Order”). An Order controls only for the subject matter it expressly covers. Our Data Processing Addendum controls for its subject matter.
3. Eligibility
You must be at least 18 years old and legally capable of entering a contract. The Services are designed primarily for professional software-development and security work, but eligible individuals may also use them personally.
You may not use the Services if doing so would violate applicable law, including trade sanctions or export-control laws, or if Komment previously terminated your access for material breach and has not authorized your return.
4. Accounts and authorized users
You must provide accurate account information and keep it current. You are responsible for safeguarding credentials, authentication tokens, API keys, and devices used to access the Services. Promptly notify security@komment.ai if you believe an account or credential has been compromised.
Workspace owners and administrators may invite users, assign roles, manage repositories, purchase plans, and view workspace content. Customer is responsible for its authorized users, their permissions, and their activity. You must promptly remove access for anyone no longer authorized and may not share an individual account.
5. Right to use the Services
Subject to these Terms and any Order, Komment grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your subscription or authorized free-use period for your own business, professional, or personal purposes. This right is subject to the features, usage allowances, seats, repositories, and other limits of your plan. You must follow applicable documentation and law.
6. Repository connections and your responsibilities
You may connect or submit public or private source-code repositories for analysis. You represent and warrant that you have all rights, permissions, and authority needed for Komment and its service providers to access, copy, transmit, analyze, and otherwise process each repository and its contents as described in these Terms.
This responsibility covers source code, commit history, contributor information, dependencies, credentials, third-party materials, and personal information in a repository. You are responsible for all required notices and consents from owners, contributors, employees, contractors, and other third parties.
The Services may create temporary working copies of repository content to perform a scan and may retain reports, findings, evidence, source locations, snippets, metadata, logs, and resulting artifacts. Do not submit repositories you are not authorized to scan. Maintain your own backups; Komment is not a source-code backup system.
7. Customer content and generated output
“Customer Content” means repositories, source code, files, prompts, configuration, data, and other material submitted to or accessed by the Services for you. “Output” means reports, findings, evidence, recommendations, scores, grades, diagrams, summaries, and other results generated for you.
As between you and Komment, you retain your rights in Customer Content. Subject to Komment’s rights in the Services, third-party rights, and applicable law, Komment assigns to you any rights it may have in your Output. Komment does not assign rights it does not own. Output may not qualify for intellectual-property protection, may not be unique, and may be the same as or similar to output generated for others. Komment’s assignment to you does not extend to output generated for others.
Output may incorporate or reflect general methods, formats, templates, scoring systems, and technology owned by Komment. Your rights in Output do not transfer ownership of those elements.
You grant Komment and its subprocessors a worldwide, non-exclusive, limited license to host, copy, transmit, display, and process Customer Content and Output as reasonably necessary to provide, secure, maintain, troubleshoot, and support the Services; comply with law; and enforce these Terms. The license ends when the content is no longer reasonably needed for those purposes, subject to backups, legal obligations, and applicable retention practices.
No model training
Komment does not use Customer Content or Customer-specific Output to train or fine-tune machine-learning models. Komment may use aggregated operational metrics that do not include private source content to understand and improve the Services.
Public reports
Reports are private to you or your workspace by default. If a user with the required workspace permission affirmatively makes a report public, you direct and authorize Komment to display the selected report and the repository name, metadata, findings, evidence, grades, source excerpts, and other information it contains. You are responsible for confirming that it contains no restricted information before publication. A public repository does not automatically make a Komment report public.
8. AI-assisted analysis and security limitations
The Services use automated techniques, including third-party machine-learning models. Automated analysis is probabilistic. Output may be inaccurate, incomplete, outdated, non-unique, or unsuitable for your environment and may contain false positives or false negatives.
Komment does not guarantee that a scan will identify every vulnerability, defect, secret, dependency issue, license issue, architectural weakness, policy violation, or instance of AI-generated code. Scores, grades, findings, and recommendations are informational tools—not security certifications, audits, legal advice, compliance determinations, or warranties of safe software.
You remain responsible for independently reviewing Output, investigating findings, testing code and remediations, exercising professional judgment, and making deployment decisions. You must not rely on the Services as your sole security control.
9. Acceptable use
You will not, and will not permit anyone else to:
- use the Services or Output in violation of applicable law;
- connect, scan, access, or test assets without authorization;
- upload malicious code intended to compromise the Services or use the Services to develop or distribute malware;
- infringe another person’s intellectual-property, privacy, publicity, confidentiality, or other rights;
- disrupt, probe, or test the Services except through a program expressly authorized by Komment;
- bypass access controls, rate or plan limits, or security measures, or access another customer’s account or data;
- reverse engineer the hosted Services except where a restriction is prohibited by law;
- rent, resell, sublicense, or provide the Services as a standalone offering without written permission; or
- scrape the Services except through interfaces and limits we expressly provide.
This section does not restrict rights granted by an applicable open-source license.
10. Third-party services and model providers
The Services may interoperate with repository hosts, identity providers, payment processors, infrastructure providers, and machine-learning model providers (“Third-Party Services”). Your use of a Third-Party Service may be governed by separate terms.
Portions of Customer Content may be transmitted to a configured model provider for inference. We require providers acting for Komment to process that content only to provide their services to us, subject to the applicable provider arrangement. We do not promise zero retention by every provider unless an Order or data processing addendum says otherwise.
Komment is not responsible for Third-Party Services, including their availability, security, changes, or independent data handling. We may replace or discontinue an integration when reasonably necessary.
11. Free, beta, and early-access features
Free, trial, preview, beta, or early-access features may be incomplete, change materially, have limited support, or be discontinued at any time. Unless an Order says otherwise, they have no service-level commitment and may be subject to additional limits or terms. You must protect preview information that we identify as confidential.
12. Paid plans, billing, and taxes
Paid plan details—including price, billing period, included usage, seats, limits, and authorized overage charges—will be shown at checkout or in an Order. By purchasing, you authorize Komment and its payment processor to charge your payment method for those amounts and applicable taxes.
Automatic renewal and cancellation
Unless checkout or an Order says otherwise, monthly and annual subscriptions automatically renew for successive periods of the same length until cancelled. Cancel through available account controls or contact billing@komment.ai before the renewal date to avoid the next charge. Cancellation takes effect at the end of the current paid period.
Fees are non-refundable and payment obligations are non-cancellable except where required by law, expressly stated in these Terms, at checkout, or in an Order, or caused by Komment’s uncured material breach. We do not provide credits for partial periods or unused usage unless required by law.
Taxes, failed payments, and price changes
Fees exclude taxes. You are responsible for applicable sales, use, value-added, withholding, and similar taxes, excluding taxes on Komment’s net income. For overdue payment, we may retry the charge, downgrade or suspend paid features, or terminate the plan after notice where reasonably practicable.
We may change prices prospectively with reasonable advance notice. An annual-plan change takes effect no earlier than its next renewal.
13. Service changes and availability
We may improve, modify, or discontinue features. We will use reasonable efforts to give advance notice of a material discontinuation that substantially reduces paid functionality during a current paid subscription period, unless immediate action is needed for security, legal, or operational reasons.
If, during a current paid subscription period, we materially discontinue paid functionality you purchased and do not provide a materially equivalent replacement, you may notify billing@komment.ai within 30 days after the change takes effect and terminate the affected paid subscription. Your exclusive remedy for that change is a prorated refund of prepaid fees covering the unused remainder of the terminated subscription period. This paragraph does not apply to free, trial, preview, beta, or early-access features.
Unless an Order includes a service-level agreement, the Services have no guaranteed uptime, response time, support level, or error-correction commitment. Maintenance, emergencies, provider failures, and events outside our reasonable control may interrupt availability.
14. Usage limits and suspension
We may limit or suspend access if you exceed plan limits; payment is overdue; your use poses a security or operational risk; we reasonably suspect unauthorized, fraudulent, or unlawful activity; law requires it; or you materially breach these Terms. Where practicable, we will provide notice and an opportunity to cure. We may act immediately to prevent harm, protect systems or data, or comply with law and will scope a suspension reasonably in light of its cause.
15. Term and termination
These Terms begin when you first accept them or use the Services and continue until terminated. You may stop using free Services at any time and may cancel a paid subscription under Section 12.
Either party may terminate for material breach not cured within 30 days after written notice. Komment may terminate immediately for an incurable breach, unlawful activity, or conduct threatening the Services or others. We may terminate free access on reasonable notice.
On termination, your access ends and accrued charges remain due. Data export and deletion are subject to then-available functionality, our Privacy Policy, any data processing addendum, and legal and backup retention. Export needed content before termination.
Provisions that by nature should survive will survive, including ownership, confidentiality, disclaimers, indemnification, liability limits, accrued payment obligations, disputes, and general terms.
16. Komment intellectual property
Komment and its licensors own the Services and related software, interfaces, designs, documentation, methods, detection logic, templates, taxonomies, scoring systems, models, improvements, and other technology and intellectual-property rights. Except for rights expressly granted by these Terms or an open-source license, no rights are granted. Komment names and logos may not be used in a way that suggests endorsement or affiliation without permission.
17. Feedback
If you provide suggestions or feedback, you grant Komment a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use and incorporate it for any purpose without restriction or compensation. Do not provide feedback you cannot license this way.
18. Confidentiality
“Confidential Information” means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is identified as confidential or reasonably should be understood as confidential. Customer Content is Customer’s Confidential Information. It excludes information the Recipient can document is public without breach, was lawfully known without restriction, was lawfully received from a third party without duty, or was independently developed.
The Recipient will use Confidential Information only to exercise rights and perform obligations under these Terms, protect it with at least reasonable care, and disclose it only to personnel, affiliates, advisers, and providers who need to know and have confidentiality duties. The Recipient is responsible for those recipients’ compliance with this section.
Legally compelled disclosure is permitted if the Recipient, where lawful, gives advance notice, discloses only the portion legally required, and provides reasonable assistance at the Discloser’s expense. The Discloser may seek injunctive relief for unauthorized disclosure.
On the Discloser’s written request or termination of these Terms, the Recipient will return or destroy Confidential Information it controls when reasonably practicable, except for information retained in routine backups or as required by law. Retained information remains protected by this section and may not be used for another purpose.
These confidentiality obligations continue during the term and for three years after termination. Obligations concerning trade secrets, Customer Content, credentials, and security information continue for as long as the information remains confidential or protected as a trade secret under applicable law.
19. Privacy and service administration
Our Privacy Policy explains how Komment handles personal information. Our Data Processing Addendum forms part of these Terms when Komment processes Customer Personal Data on Customer's behalf and the addendum applies according to its terms.
Komment may use controlled administrative access, including account impersonation where available, to provide support, investigate security or abuse, maintain the Services, comply with law, or enforce these Terms. Such access is subject to internal controls and privacy obligations. We maintain measures designed to protect the Services, but no system is completely secure. You are responsible for configuring permissions and deciding what content to submit.
20. Reporting copyright infringement
If you believe content made publicly available through the Services infringes your copyright, contact legal@komment.ai with enough information for us to identify the material and understand your claim. Komment may remove or restrict access to disputed material where appropriate.
21. Disclaimers
To the maximum extent permitted by law, the Services, Output, free, trial, preview, beta, and early-access features, and related materials are provided “as is” and “as available.” Komment and its licensors disclaim all express, implied, statutory, and other warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and warranties arising from course of dealing or usage.
Komment does not warrant that the Services or Output will be uninterrupted, error-free, secure, complete, or accurate; that all defects or vulnerabilities will be found or corrected; or that Output will meet your requirements. You assume the risk of use and reliance.
These disclaimers do not limit rights that cannot lawfully be disclaimed, including non-waivable rights that may apply to an individual under the law of their residence.
22. Indemnification
You will defend Komment, its affiliates, and their personnel against a third-party claim to the extent arising from: (a) Customer Content or a public report; (b) your lack of rights or authority to connect, submit, scan, process, or publish material; (c) unlawful use; or (d) your material violation of Section 9. You will pay damages, costs, and reasonable attorneys’ fees finally awarded against a protected party, as well as settlement amounts you agree to pay in accordance with this section.
Komment will promptly notify you, give you reasonable control of the defense and settlement, and cooperate at your expense. You may not settle in a way that admits Komment’s fault, imposes non-monetary obligations on Komment, or fails to fully release Komment without our consent. Komment may participate with its own counsel at its expense.
Self-service, free, and cloud plans include no indemnity from Komment. Any Komment intellectual-property indemnity must be expressly stated in a separate Order or signed agreement.
23. Limitation of liability
To the maximum extent permitted by law, neither party nor its affiliates or licensors will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, use, or data, even if advised that such damages were possible.
To the maximum extent permitted by law, each party’s and its affiliates’ aggregate liability arising out of or relating to the Services, these Terms, and applicable Orders will not exceed the greater of: (a) US $100; or (b) the amounts you paid to Komment for the Service giving rise to the claim during the 12 months before the first event giving rise to liability.
The liability cap does not limit your payment obligations or your obligations under Section 22. Neither the damages exclusion nor the liability cap applies to a party’s fraud, willful misconduct, gross negligence, or liability that cannot lawfully be limited. These limits otherwise apply regardless of the form of action and even if a remedy fails of its essential purpose. This allocation of risk is an essential basis of the bargain.
24. Changes to these Terms
We may update these Terms. We will post the update and change the effective date. If a change materially reduces your rights or increases your obligations, we will provide reasonable advance notice through the Services, by email, or another appropriate method.
Material changes apply prospectively. Continued use after the stated effective date constitutes acceptance except where law requires another form of consent. If a material change adversely affects your rights during a current paid subscription period and you do not agree to it, you may notify legal@komment.ai within 30 days after the change takes effect and terminate the affected paid subscription. We will refund prepaid fees covering the unused remainder of the terminated subscription period. Otherwise, if you disagree, stop using the Services and cancel under Section 12. Changes to an Order require the agreement specified in it or a writing signed by both parties.
25. General terms
Governing law and courts
Delaware law governs these Terms without regard to conflicts rules. State and federal courts located in Delaware have exclusive jurisdiction, and each party consents to jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing here deprives an individual of non-waivable rights or court access under the law of their residence.
Export and sanctions
You will comply with export-control and sanctions laws. You represent that you are not located in or controlled by a prohibited territory, are not a restricted party, and will not use the Services for a prohibited end use.
Assignment
You may not assign these Terms without Komment’s written consent. Komment may assign them to an affiliate or in connection with a merger, reorganization, asset sale, financing, or change of control. An unauthorized assignment is void.
Notices
Komment may send notices specific to you to your account email or through the Services and may post general service or policy notices on our website. Notices to Komment must be sent to legal@komment.ai and, for breach notices or legal claims, by nationally recognized overnight courier to 251 Little Falls Drive, Wilmington, DE 19808. Email notices are deemed received when sent, in-Service notices when made available, general website notices when posted, and courier notices when delivered. If a notice to Komment requires both email and courier delivery, it is deemed received when the courier delivery occurs.
Additional provisions
Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. The parties are independent contractors; there is no partnership, agency, fiduciary relationship, employment, or third-party beneficiary. Failure to enforce is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains effective. “Including” means “including without limitation.”
These Terms, Orders, the Privacy Policy, and documents expressly incorporated are the entire agreement about the Services and supersede prior agreements on that subject. Purchase-order terms do not modify it unless Komment accepts it in a signed writing.
26. Contact
Komment AI Inc.
251 Little Falls Drive
Wilmington, DE 19808
support@komment.ai