Effective Date: January 16, 2026 Last Updated: January 16, 2026
1. Acceptance of Terms
By accessing or using SecurePoint USA services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Service. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
2. Service Description
SecurePoint USA provides enterprise-grade visitor management and compliance screening services including:
Real-time sanctions screening against global databases (21,851+ entities)
Visitor management and check-in/check-out systems
Bulk screening and CSV processing capabilities
Audit-grade reporting and compliance documentation
Multi-channel alerting and notification systems
AI-assisted risk summarization (with human oversight)
Service Nature: Advisory Only
SecurePoint USA provides advisory risk assessments and policy-neutral screening results. Our Service does not make final access or compliance decisions. All decisions regarding visitor access, export control compliance, and regulatory adherence remain the sole responsibility of the Customer (data controller).
3. AI-Assisted Features & Limitations
Our Service uses Artificial Intelligence (AI) to generate risk summaries for sanctions screening matches. You acknowledge and agree that:
AI outputs are suggestive, not definitive. All AI-generated summaries must be reviewed by qualified personnel.
No automated-only decisions. AI never makes final access or compliance decisions without human review.
Accuracy limitations. AI may produce false positives, false negatives, or interpretive errors.
No warranty on AI accuracy. We do not guarantee the accuracy, completeness, or reliability of AI outputs.
Human oversight required. Customer is responsible for implementing human review processes.
The Service is subject to U.S. export controls including the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and Office of Foreign Assets Control (OFAC) sanctions. By using the Service, you represent, warrant, and covenant that:
You will comply with all applicable U.S. export control laws and regulations
You will not use the Service in violation of ITAR, EAR, or OFAC restrictions
You will not provide access to the Service to individuals or entities in sanctioned countries
You are responsible for verifying and maintaining your own export control compliance
Our screening results are advisory only and do not constitute legal compliance certification
Final determination of ITAR/EAR/OFAC compliance remains your sole responsibility
Prohibited Use: The Service may not be used in, exported to, or accessed from: Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, or any other country subject to comprehensive U.S. sanctions.
5. User Responsibilities & Prohibited Conduct
You are responsible for:
Providing accurate and complete information during registration and use
Complying with all applicable laws, regulations, and industry standards
Maintaining the security of account credentials and access controls
Using the Service only for lawful purposes
Respecting the privacy and rights of visitors and data subjects
Implementing appropriate human review processes for AI-assisted outputs
Documenting human review procedures for screening and AI outputs (including escalation paths and final decision authority)
Performing risk-based due diligence of third-party vendors and subprocessors used in your workflows
Ensuring internal policies reflect the advisory nature of screening results and do not rely on outputs as definitive determinations
Obtaining necessary consents from visitors for data collection and processing
Prohibited Uses: You may not:
Use the Service for any illegal or unauthorized purpose
Reverse engineer, decompile, or attempt to extract source code
Interfere with or disrupt the Service or servers
Upload malicious code, viruses, or harmful content
Violate any person's privacy or data protection rights
Resell or redistribute the Service without authorization
6. Data Security and Confidentiality
We implement enterprise-grade security measures to protect your data:
Encryption: TLS 1.3 for data in transit, AES-256 for data at rest
Data isolation: Multi-tenant architecture with Row-Level Security (RLS) policies
Access controls: Multi-factor authentication (MFA) and role-based access control (RBAC)
Audit logging: Immutable audit trails for all data access and modifications
Security standards: SOC 2 controls mapping in progress
We strive to maintain 99.9% uptime but do not guarantee uninterrupted or error-free service. We may perform maintenance, updates, or modifications that may temporarily affect service availability. We will provide advance notice for planned maintenance when feasible.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
8. Intellectual Property Rights
All intellectual property rights in the Service, including software, algorithms, databases, user interfaces, and documentation, remain the exclusive property of SecurePoint USA or our licensors. You may not:
Reverse engineer, decompile, or disassemble the Service
Remove or modify any proprietary notices or labels
Create derivative works based on the Service
Use our trademarks, logos, or branding without written permission
Customer Data: You retain all rights to your customer data. We claim no ownership of data you upload or process through the Service.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
No Consequential Damages: SecurePoint USA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
Liability Cap: OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
No Warranty on Screening Accuracy: WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF SANCTIONS SCREENING RESULTS, AI-GENERATED SUMMARIES, OR COMPLIANCE ASSESSMENTS.
Carve-Outs: Nothing in these Terms limits our liability for: (a) death or personal injury caused by our gross negligence or willful misconduct, (b) fraud or fraudulent misrepresentation, or (c) any liability that cannot be excluded or limited under applicable law.
10. Warranties Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
11. Indemnification
You agree to indemnify, defend, and hold harmless SecurePoint USA, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use or misuse of the Service
Your violation of these Terms
Your violation of any laws, regulations, or third-party rights
Your failure to implement appropriate human review processes
Your export control or sanctions compliance failures
Access decisions made by you based on our advisory screening results
12. Termination
By Customer: You may terminate your account at any time with 30 days' written notice. Upon termination, you will have the right to export your data in CSV or JSON format.
By Us: We may suspend or terminate your access to the Service:
For Cause: Immediately if you breach these Terms, engage in illegal activities, or pose a security risk
For Convenience: With 30 days' written notice for any reason
Non-Payment: After 15 days of payment delinquency
Effect of Termination: Upon termination, your right to use the Service will immediately cease. We will retain data in accordance with our Privacy Policyand applicable legal retention requirements (10 years for audit logs under SecurePoint policy).
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
Dispute Resolution: Any dispute, claim, or controversy arising out of or related to these Terms shall be resolved through:
Negotiation: Good-faith negotiation between the parties for 30 days
Mediation: Mediation administered by JAMS in San Francisco, California
Binding Arbitration: If mediation fails, binding arbitration under JAMS Streamlined Arbitration Rules, with one arbitrator, in San Francisco, California
Exception: Either party may seek injunctive or other equitable relief in state or federal court in San Francisco, California for intellectual property or confidentiality breaches.
14. Modifications to Terms
We may modify these Terms at any time. Material changes will be notified via email to registered administrators at least 30 days before the effective date. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the modifications, you must terminate your account.
15. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and DPA, constitute the entire agreement between you and SecurePoint USA.
Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
No Waiver: Our failure to enforce any right or provision shall not constitute a waiver.
Assignment: You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or successor.
Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.
