Terms & Conditions

1. Agreement and Acceptance

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Frank System Inc. ("Frank System Inc.," "we," "us," or "our") concerning your access to and use of FSI Defence Security — Endpoint Protection, including its website, software, applications, customer account, licensing system, subscription services, support services, security monitoring features, and related digital services (collectively, the "Services").

FSI Defence Security is operated by Frank System Inc., located at 20 Bailey Cir, Dover, DE 19901, USA.

If you do not agree to these Terms, do not create an account, purchase a subscription, install the software, or use the Services.

2. Eligibility

You must have the legal capacity to enter into a binding agreement under applicable law to purchase or use the Services.

If you purchase or use the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

3. The FSI Defence Security Service

FSI Defence Security is an endpoint protection software service designed to assist customers in protecting supported Windows devices against certain security threats and to provide security-related monitoring, reporting, and management capabilities.

Security software is intended to reduce risk. No endpoint security product can guarantee detection, prevention, or removal of every threat, vulnerability, attack, malware sample, unauthorized access attempt, or security incident.

The effectiveness of the Services may depend on factors including device configuration, operating-system version, internet connectivity, software updates, third-party software, user actions, available security intelligence, hardware limitations, and other conditions outside our reasonable control.

4. Account Registration

Certain Services require you to create a customer account. You agree to provide accurate, current, and complete registration and billing information and to keep that information reasonably up to date.

You are responsible for maintaining the confidentiality of your account credentials and for activities performed through your account, except to the extent caused by our failure to maintain reasonable security.

You must notify us promptly if you believe that your account credentials have been compromised or that unauthorized access has occurred.

We may suspend or restrict an account where reasonably necessary to protect the Services, customers, payment systems, or security infrastructure, or where required by law or these Terms.

5. License Grant

Subject to your payment of applicable fees and compliance with these Terms, Frank System Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the applicable FSI Defence Security software during the applicable licensed subscription period.

Your license is limited by the plan, device allowance, subscription status, software version, and other restrictions displayed or communicated at the time of purchase.

The license does not transfer ownership of the software, source code, technology, trademarks, documentation, or other intellectual property to you.

6. License Key and Activation

A license key, activation code, account activation, or other license credential may be required to activate or use the Services.

License keys are issued for the customer account and subscription for which they were purchased. You must not sell, rent, lease, sublicense, publish, share, distribute, transfer, or otherwise make a license key available to an unauthorized third party.

Once a digital license key has been issued and/or the purchased protection has been activated, the applicable digital service is considered made available to the Customer. Refund eligibility is governed by our Refund & Cancellation Policy , subject always to any rights that cannot lawfully be excluded or waived.

7. Device Limits

Each subscription plan may include a specified maximum number of supported devices. The applicable device limit is the limit stated for the plan purchased by the Customer.

A device may count toward the applicable license limit once activated, registered, or otherwise associated with the Customer's license.

We may prevent additional device activations when the applicable device limit has been reached.

8. Subscription Plans and Fees

Subscription prices, billing intervals, device allowances, features, and other plan terms are displayed on the website or checkout page before purchase.

Unless expressly stated otherwise, prices are quoted in U.S. dollars and applicable taxes or governmental charges may be added where required.

We reserve the right to change pricing for future purchases or renewal periods, subject to applicable law and any notice requirements that apply to your subscription.

9. Automatic Renewal

Where a subscription is identified as recurring or automatically renewing, the subscription will renew for the applicable billing interval unless cancelled before the next renewal.

By purchasing a recurring subscription, you authorize the applicable payment processor to charge the payment method associated with your subscription for the applicable renewal amount when due.

The applicable recurring amount and billing interval will be presented before you complete the purchase.

You may cancel a recurring subscription using the cancellation method made available by Frank System Inc. or by contacting Customer Service using the contact information provided below.

Cancellation generally prevents future renewal charges but does not automatically create a refund for a subscription period that has already been charged, except where required by applicable law or expressly provided by our applicable refund terms.

10. Payment Authorization

Payments may be processed through third-party payment processors. Payment-card information is entered and processed through the applicable secure payment-processing environment.

You represent that you are authorized to use the payment method submitted for the transaction.

We may decline, hold, or review transactions where reasonably necessary to address suspected fraud, unauthorized use, payment-processing errors, security concerns, or legal or regulatory requirements.

11. Refunds and Cancellation

Refunds, subscription cancellations, and billing adjustments are governed by the applicable Refund & Cancellation Policy .

Because FSI Defence Security is a digitally delivered software and endpoint protection service, special rules may apply after a license key has been issued, a license has been activated, software access has been provided, or protection has been enabled on a device.

Nothing in these Terms is intended to exclude or restrict a refund, cancellation, chargeback, consumer, or other legal right that cannot lawfully be excluded or restricted.

12. Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy .

You must not use the Services to facilitate unlawful activity, unauthorized access, credential theft, malware distribution, abuse of computer systems, attacks against third parties, circumvention of security controls, or infringement of the rights of others.

13. Prohibited Software and Interference

You must not reverse engineer, decompile, disassemble, decrypt, modify, translate, adapt, create derivative works from, or attempt to obtain the source code of the software, except to the limited extent that applicable law expressly permits such activity notwithstanding a contractual restriction.

You must not bypass license restrictions, activation mechanisms, device limits, authentication controls, or security features.

You must not interfere with the operation, availability, integrity, or security of the Services or attempt to gain unauthorized access to our systems or another customer's account or data.

14. Software Updates

We may provide software updates, patches, security intelligence, bug fixes, improvements, feature changes, or compatibility updates from time to time.

Updates may be necessary to maintain compatibility, functionality, security, or access to certain features.

We may discontinue support for outdated operating-system versions, unsupported devices, obsolete software versions, or technologies that are no longer reasonably supportable.

15. Third-Party Services

The Services may interact with or depend on third-party services, platforms, hosting providers, payment processors, operating-system components, internet services, security intelligence sources, or other third-party technologies.

Third-party services may be subject to their own terms and privacy policies. Frank System Inc. is not responsible for third-party services to the extent a problem is caused by circumstances outside our reasonable control.

16. Intellectual Property

The Services and all related software, source code, object code, interfaces, designs, documentation, graphics, text, trademarks, logos, service names, databases, technology, and other materials are owned by or licensed to Frank System Inc. and are protected by applicable intellectual-property laws.

Except for the limited license expressly granted under these Terms, no right, title, or interest in the Services or intellectual property is transferred to you.

"FSI Defence Security" and related branding are used in connection with our software and services. You may not use our trademarks or branding in a manner that suggests sponsorship, affiliation, endorsement, or authorization without our prior written permission.

17. Customer Content and Feedback

You retain ownership of information and content that you lawfully submit to the Services, subject to the rights necessary for us to operate and provide the Services.

You represent that you have the rights necessary to provide such content and that your use of the Services does not violate applicable law or the rights of another person.

If you provide suggestions, ideas, recommendations, or feedback concerning the Services, you grant us permission to use that feedback without compensation or obligation to you, provided that we do not use your confidential information in violation of our Privacy Policy or applicable law.

18. Privacy

Our collection and use of personal information is described in our Privacy Policy .

By using the Services, you acknowledge that certain information may be collected and processed as necessary to provide accounts, licensing, device management, security functionality, customer support, billing, fraud prevention, system administration, and other legitimate business purposes described in the Privacy Policy.

19. Security and Data Protection

We implement reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information and Services we provide.

However, no internet-connected service, software, computer system, or method of transmission can be guaranteed to be completely secure.

You remain responsible for maintaining appropriate security practices on your devices and accounts, including keeping operating systems and supported software reasonably current, using appropriate credentials, and maintaining backups of important data.

Security guidance from the FTC similarly emphasizes collecting only information reasonably needed, protecting information appropriately, restricting access, and securely disposing of information when no longer needed.

20. Availability and Service Changes

We aim to maintain reliable Services but do not guarantee uninterrupted or error-free operation.

Services may temporarily be unavailable because of maintenance, upgrades, security events, network failures, hosting problems, third-party outages, internet failures, operating-system changes, or circumstances beyond our reasonable control.

We may modify, improve, replace, suspend, or discontinue features of the Services when reasonably necessary for security, technical, business, legal, or operational reasons.

21. Suspension and Termination

We may suspend or terminate access to the Services where reasonably necessary if you materially violate these Terms, fail to pay applicable charges, misuse the Services, circumvent licensing controls, create a security risk, or where suspension or termination is required by law.

You may stop using the Services at any time. Cancellation of a recurring subscription does not necessarily result in a refund for a period already paid.

Upon expiration, cancellation, or termination of a license, your right to use the licensed software and subscription features will end, except for any limited rights that necessarily survive under these Terms or applicable law.

22. No Emergency or Guaranteed Protection Service

FSI Defence Security is not an emergency-response service, law-enforcement service, insurance product, or guarantee against cyberattack, data loss, unauthorized access, malware, ransomware, or other security incidents.

Customers should maintain appropriate backups, recovery procedures, operating-system security controls, and other reasonable security measures appropriate to their situation.

23. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EXCEPT TO THE EXTENT A WARRANTY IS EXPRESSLY PROVIDED IN WRITING BY FRANK SYSTEM INC.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL DETECT, PREVENT, OR REMOVE EVERY SECURITY THREAT, OPERATE WITHOUT INTERRUPTION, OR BE COMPATIBLE WITH EVERY DEVICE, OPERATING SYSTEM, APPLICATION, NETWORK, OR CONFIGURATION.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRANK SYSTEM INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FRANK SYSTEM INC. FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

25. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Frank System Inc. and its affiliates, officers, directors, employees, contractors, and service providers from claims, liabilities, damages, losses, and reasonable expenses arising from your unlawful use of the Services, material violation of these Terms, infringement of another person's rights, or unauthorized use of your account.

26. Export and Sanctions Compliance

You may not use or access the Services in violation of applicable U.S. export-control, sanctions, or trade laws.

You are responsible for ensuring that your use of the Services complies with laws applicable to you and your location.

27. Changes to These Terms

We may update these Terms from time to time. When material changes are made, we may provide notice through the website, customer account, email, or another reasonable method.

Your continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

28. Electronic Communications

You consent to receiving electronic communications from us regarding your account, payments, subscriptions, security notices, service updates, support requests, and other transaction-related matters.

Electronic records, notices, confirmations, invoices, and communications may be used as records of transactions and account activity to the extent permitted by applicable law.

29. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

30. Dispute Resolution

Before initiating formal legal proceedings concerning a dispute arising from the Services, the parties should first attempt in good faith to resolve the matter through direct communication with Frank System Inc.

Nothing in this section prevents a customer from exercising a legal right that cannot lawfully be waived or from seeking emergency or legally available equitable relief.

31. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in effect.

32. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.

33. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

We may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar business transaction, subject to applicable law.

34. Entire Agreement

These Terms, together with the Privacy Policy, Refund & Cancellation Policy, Subscription Policy, EULA, Cookie Policy, Acceptable Use Policy, applicable order details, and other terms expressly incorporated by reference, constitute the agreement governing your use of the Services.

If there is a conflict between these Terms and a transaction-specific written agreement, the transaction- specific agreement will control to the extent of the conflict.

35. Contact Information