Terms of Service

OSTO CYBERSECURITY INC. - TERMS OF SERVICE (including Website Terms of Use and Master Subscription Agreement).

Effective Date: 28th July 2026

1. Agreement to These Terms

These Terms of Service ("Terms") constitute a legally binding agreement between the individual or legal entity ("you," "your," or "Customer") that accesses or uses the Website or any Offerings provided by Osto, and the Osto entity identified as the provider in the applicable Order Form ("Osto," "we," "us," or "our"). The applicable Osto entity may be either: (a) Osto Cybersecurity Inc., with its registered office at 28 Geary Street, Suite 650, San Francisco, California 94109, USA; or (b) Osto Cybersecurity Pvt. Ltd., with its registered office at WeWork Forum, DLF Cybercity, Phase III, Gurugram, Haryana 122002, India, as specified in the applicable Order Form.

These Terms govern your access to and use of the Website, the Offerings, the Documentation, and any associated software, applications, APIs, reports, content, or other materials made available by Osto.

These Terms consist of two complementary parts. Part A (Website Terms of Use) governs your access to and use of the Website and its publicly available content. Part B (Order Form) governs your subscription to and use of Osto's cloud-based cybersecurity and compliance platform and related Services under an applicable Order Form. If you have entered into a separate written agreement with Osto that expressly governs the Services, that agreement will prevail solely to the extent of any direct conflict with Part B of these Terms.

By accessing the Website, creating an Account, executing or accepting an Order Form, clicking to accept these Terms, or otherwise accessing or using the Offerings, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms. In such case, the terms "you" and "your" refer to that entity. If you do not have such authority, or if you do not agree to these Terms, you must not access or use the Website or the Services.

Part B (Master Subscription Agreement) governs your subscription to and use of Osto's cloud-based cybersecurity and compliance Platform and related Services under an applicable Order Form.

2. The Website and Materials

The websites located at www.osto.one and its related subdomains (collectively, the "Website"), together with all text, graphics, logos, icons, images, software, reports, articles, documentation, tools, and other content made available through the Website (collectively, the "Materials"), are provided for general informational, educational, and marketing purposes only.

Except for Third-Party Content, the Website and the Materials, including all associated intellectual property rights, are owned by or licensed to Osto and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.

Except as expressly provided in these Terms, nothing contained on the Website shall be construed as granting, whether by implication, estoppel, or otherwise, any license or other right to use any patent, copyright, trademark, trade secret, or other intellectual property right of Osto or any third party.

3. Limited License to Use the Website

Subject to these Terms, Osto grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and the Materials solely for your internal business and informational purposes.

You shall not interfere with, disrupt, compromise, or attempt to compromise the integrity, security, availability, or performance of the Website or any systems, infrastructure, or networks supporting the Website.

Except as expressly permitted under these Terms or with Osto's prior written consent, you shall not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, frame, transfer, sell, or otherwise exploit any Materials obtained from the Website, whether manually or through automated means.

4. Acceptable Use of User Content and Interactive Features

The Website or Offerings may permit you to submit, upload, transmit, publish, or otherwise provide feedback, comments, reviews, communications, support requests, or other content through contact forms, customer portals, blogs, AI-powered features, or other interactive functionality (collectively, the "Interactive Features"). By using any Interactive Features, you agree to comply with this Section.

You agree that you will not:

• defame, abuse, harass, threaten, stalk, or otherwise violate the legal rights of Osto or any third party, including privacy or publicity rights;
• submit, upload, or publish content that is unlawful, fraudulent, defamatory, obscene, offensive, discriminatory, hateful, or that promotes violence or illegal activity;
• disclose confidential, proprietary, or personal information that you are not authorized to disclose;
• upload or submit material protected by intellectual property rights unless you own or control all necessary rights or have obtained all required permissions;
• upload or transmit viruses, malware, ransomware, spyware, worms, Trojan horses, corrupted files, credential-harvesting content, phishing material, or any other malicious code intended to disrupt, damage, or gain unauthorized access to any system, network, or data;
• falsify or remove author attributions, copyright notices, trademarks, or other proprietary notices;
• impersonate any person or entity or falsely suggest any affiliation with Osto;
• use the Interactive Features for unsolicited commercial communications, advertising, spam, chain letters, or similar activities;
• interfere with or disrupt another user's access to or use of the Website or Services;
• deface, vandalize, damage, disable, or otherwise interfere with the operation of the Website or Services;
• probe, scan, test, or exploit the security or vulnerability of the Website, Services, or any related infrastructure without Osto's prior written authorization; or
• misuse AI-powered or automated functionality to generate unlawful, deceptive, fraudulent, harmful, or malicious content or to circumvent security controls.
• interfere with or disrupt another user's access to or use of the Website or Offerings;
• deface, vandalize, damage, disable, or otherwise interfere with the operation of the Website or Offerings;
• probe, scan, test, or exploit the security or vulnerability of the Website, Offerings, or any related infrastructure without Osto's prior written authorization;

Osto reserves the right, but has no obligation, to monitor, review, moderate, edit, refuse, remove, or disable access to any content submitted through the Interactive Features at any time, with or without notice, where Osto reasonably believes such content violates these Terms or applicable law.

Editorial Content

The Website may contain articles, blogs, newsletters, research, technical guidance, white papers, or other editorial content prepared by Osto personnel or guest contributors. Unless expressly stated otherwise, such content reflects the views of its respective author and is provided solely for informational purposes. Nothing contained in such content constitutes legal, regulatory, cybersecurity, accounting, tax, investment, or other professional advice, and it should not be relied upon as a substitute for independent professional judgment. Publication of such content does not necessarily represent Osto's official views or positions.

5. Your Submissions

Except as expressly provided in these Terms, Osto does not claim ownership of any feedback, suggestions, comments, reviews, or other content that you submit through the Website or the Interactive Features (each, a "Submission").

By submitting a Submission, you grant Osto a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, distribute, display, and otherwise use the Submission solely for the purpose of operating, maintaining, improving, marketing, and providing the Website and the Offerings.

You represent and warrant that:

• your Submission does not contain malicious code or material intended to interfere with the operation or security of the Website or Offerings.
• you own or otherwise control all rights necessary to grant the foregoing license;
• your Submission does not infringe the rights of any third party or violate any applicable law or these Terms; and
• your Submission does not contain malicious code or material intended to interfere with the operation or security of the Website or Services.

Osto is under no obligation to use, publish, or retain any Submission and may remove any Submission at its sole discretion. No compensation shall be payable in connection with any Submission.

6. Third-Party Content and Links

The Website may include or make available content provided by third parties, including articles, analyst reports, news, market data, software, tools, or other materials (collectively, "Third-Party Content"). Third-Party Content is provided solely for general informational purposes and does not constitute legal, regulatory, tax, accounting, financial, investment, cybersecurity, or other professional advice.

Although Osto believes such Third-Party Content is obtained from reliable sources, neither Osto nor the applicable third-party providers warrant or guarantee its accuracy, completeness, reliability, or timeliness. Osto shall not be liable for any loss or damage arising from or relating to your reliance upon any Third-Party Content.

The Website may also contain links to third-party websites or services that are not owned or controlled by Osto. Osto does not endorse, monitor, or assume responsibility for the content, products, services, privacy practices, or availability of any third-party website. If you access any third-party website, you do so entirely at your own risk and are responsible for implementing appropriate safeguards to protect your systems, devices, and information.

7. Prohibited Use of the Website

As a condition of your use of the Website, you agree not to use the Website for any unlawful purpose or in any manner prohibited by these Terms.

Without limiting the foregoing, you shall not:

• engage in any activity that may compromise the security, integrity, availability, or performance of the Website or the Offerings.
• damage, disable, overburden, impair, or otherwise interfere with the operation or security of the Website or any servers, systems, or networks connected to the Website;
• attempt to gain unauthorized access to any portion of the Website, user accounts, systems, or networks through hacking, password mining, credential attacks, or any other unauthorized means;
• access, extract, scrape, copy, monitor, mirror, harvest, or otherwise obtain any content, data, or materials through any means not intentionally made available by Osto;
• use bots, crawlers, spiders, scraping tools, artificial intelligence agents, or other automated technologies to access or interact with the Website except as expressly authorized by Osto; or
• engage in any activity that may compromise the security, integrity, availability, or performance of the Website or the Services.

8. No Professional Advice

Unless expressly stated otherwise, the Website, Materials, blogs, reports, compliance guidance, AI outputs, and all other content made available through the Website are provided solely for general informational purposes.

Nothing contained on the Website constitutes legal, regulatory, cybersecurity, accounting, tax, financial, investment, or other professional advice. Any decisions you make based on information obtained from the Website or the Offerings are made solely at your own discretion and risk. You remain solely responsible for obtaining independent professional advice where appropriate.

9. The Offerings and Support

9.1 Subject to these Terms and the applicable Order Form, Osto will make the Offerings available to you during the applicable Subscription Term solely for your internal business purposes.

The "Platform" comprises Osto's cloud-based cybersecurity, compliance, governance, security assessment, vulnerability management, endpoint monitoring, software applications, APIs, Documentation, integrations, and any related products, features, updates, enhancements, or functionality made available by Osto under an applicable Order Form. The "Services" comprise the implementation, onboarding, migration, consulting, training, vulnerability assessment and penetration testing, audit-readiness, and other professional services described in an applicable Order Form. The Platform and the Services are referred to collectively as the "Offerings."

9.2 During the applicable Subscription Term, Osto will:

1. make the Offerings available in accordance with these Terms, the applicable Order Form, and the Documentation;
2. provide technical support in accordance with Osto's support policies;
3. use commercially reasonable efforts to maintain the availability, integrity, and security of the Offerings; and
4. comply with all laws applicable to Osto's provision of the Offerings.

9.3 Osto modify, update, enhance, replace, or discontinue features or functionality of the Platform from time to time, provided that such changes do not materially reduce the overall functionality of the subscribed Platform during the applicable Subscription Term.

The Platform may be temporarily unavailable due to scheduled maintenance, emergency maintenance, security incidents, or circumstances beyond Osto's reasonable control. Where reasonably practicable, Osto will provide advance notice of scheduled maintenance.

9.4 Any Services (including implementation, onboarding, migration, consulting, training, VAPT, and audit-readiness support) will be described in the applicable Order Form, including the applicable scope, deliverables, timeline, and Fees.

10. Accounts and Your Responsibilities

10.1 Access to the Platform is limited to the number of authorized Users specified in the applicable Order Form. Each User must maintain unique login credentials, which may not be shared with any other individual. You are responsible for all activities occurring under your Account, including all activities performed by your Users.

You agree to maintain the confidentiality of all login credentials, promptly notify Osto of any actual or suspected unauthorized access or security incident relating to your Account, and promptly disable access for Users who are no longer authorized to access the Platform.

10.2 You shall not, and shall not permit any User or third party to:

1. license, sublicense, sell, resell, rent, lease, assign, transfer, distribute, time-share, or otherwise make the Offerings available to any third party except as expressly permitted under these Terms;
2. modify, adapt, copy, hack, interfere with, or attempt to gain unauthorized access to the Offerings or any related systems or networks;
3. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or architecture of the Offerings except where such restriction is prohibited by applicable law;
4. use the Offerings to store, transmit, or process content that is unlawful, infringing, fraudulent, defamatory, obscene, harmful, discriminatory, or otherwise violates applicable law or the rights of any third party;
5. knowingly introduce viruses, malware, ransomware, spyware, Trojan horses, worms, or other malicious code into the Offerings;
6. access or use the Offerings to develop, benchmark, copy, or build a competing product or service;
7. crawl, scrape, spider, harvest, or otherwise collect information from the Offerings through manual or automated means except through APIs expressly made available by Osto; or
8. use the Offerings in any manner that compromises their security, integrity, availability, or performance.

10.3 Certain features of the Platform require installation of Osto software or agents on Customer-managed devices. These agents may collect limited device configuration, security posture, compliance status, operating system information, encryption status, screen lock status, and similar operational telemetry solely for the purpose of providing the Services.

You represent and warrant that you have obtained all necessary permissions, authorizations, notices, and consents required to permit such collection and processing. Osto shall not be responsible for your failure to obtain such permissions or for any claims arising from that failure.

10.4 If Osto reasonably determines that any activity conducted through your Account threatens the security, integrity, availability, or lawful operation of the Offerings, Osto may require you to immediately cease such activity and may suspend access to the affected Offerings until the issue has been resolved.

11. Intellectual Property and Data

11.1 As between the parties, Osto and its licensors retain all right, title, and interest in and to the Offerings, the Documentation, all software, technology, improvements, enhancements, derivatives, and all associated intellectual property rights. No rights are granted to you except those expressly set forth in these Terms.

11.2 You retain all right, title, and interest in and to the Service Data submitted by you or your Users through the Services. You grant Osto a non-exclusive, worldwide, royalty-free license to host, copy, transmit, process, store, and otherwise use Service Data solely as necessary to provide, maintain, secure, improve, and support the Offerings or as otherwise instructed by you or required by applicable law.

11.3 If you provide suggestions, recommendations, ideas, enhancement requests, or other feedback relating to the Offerings, Osto may use such feedback without restriction or compensation provided that Osto does not publicly identify you as the source of such feedback.

11.4 Osto may collect operational, diagnostic, usage, and performance information relating to the Offerings and may generate aggregated, de-identified, and anonymized data that does not identify you, your Users, or any individual. Osto may use such aggregated information to operate, maintain, improve, secure, develop, and promote the Offerings.

11.5 Unless otherwise agreed in writing or stated in the applicable Order Form, Osto may identify you as a customer and use your name and logo on its website, customer lists, and marketing materials in accordance with any branding guidelines you provide. Upon your written request, Osto will discontinue such use within a reasonable period.

12. Fees and Payment

12.1 You agree to pay all fees specified in the applicable Order Form. Unless otherwise stated in the Order Form, all Fees are payable in advance, are non-cancellable, and are non-refundable except as expressly provided in these Terms. Customer's commitment to the Subscription Term is irrevocable. All Fees committed for the applicable Subscription Term remain payable irrespective of Customer's actual usage, reduction in usage, suspension of usage, change in business circumstances, or discontinuation of business, unless expressly provided otherwise in these Terms or the applicable Order Form.

12.2 Unless otherwise specified in the applicable Order Form or during the online subscription process, all Fees are payable in advance using the payment method selected by Customer. Where Osto issues invoices, payment shall be due within (5) days of the invoice date. Where payment is made by credit card or another recurring payment method, Customer authorizes Osto to charge the applicable payment method for all Fees due under these Terms, including any renewal Fees.

12.3 If payment is not received by the applicable due date, Osto may, after providing at least five (5) days' prior written notice, suspend access to the Offerings until payment is received.

Without limiting any other available remedies, overdue amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law.

12.4 If you dispute any invoice in good faith, you must notify Osto in writing within thirty (30) days after the invoice date, specifying the basis of the dispute. You shall timely pay all undisputed amounts while the parties work in good faith to resolve the disputed portion.

12.5 All Fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, goods and services, withholding, and similar taxes arising from these Terms, excluding taxes imposed on Osto's net income, property, payroll, or employees.

13. Confidentiality

13.1 "Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of its disclosure. Confidential Information includes, without limitation, Service Data, business plans, pricing, product roadmaps, software, technical information, security practices, trade secrets, know-how, and other proprietary information. Service Data constitutes the Customer's Confidential Information, and the non-public aspects of the Offerings, Documentation, software, and related technology constitute Osto's Confidential Information.

13.2 The Receiving Party shall:

1. protect the Disclosing Party's Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, and in no event less than a reasonable standard of care;
2. use the Confidential Information solely to exercise its rights and perform its obligations under these Terms;
3. disclose Confidential Information only to its employees, contractors, professional advisers, auditors, or affiliates who have a legitimate need to know such information and who are bound by confidentiality obligations no less protective than those contained in these Terms; and
4. promptly notify the Disclosing Party upon becoming aware of any unauthorized access to, use of, or disclosure of the Confidential Information and reasonably cooperate in mitigating the effects of such unauthorized access, use, or disclosure.

13.3 Confidential Information does not include information that the Receiving Party can demonstrate:

1. is or becomes publicly available through no breach of these Terms;
2. was lawfully known by the Receiving Party before disclosure by the Disclosing Party;
3. is lawfully received from a third party without restriction on disclosure; or
4. is independently developed by the Receiving Party without reference to or use of the Disclosing Party's Confidential Information.

13.4 The Receiving Party may disclose Confidential Information to the extent required by applicable law, regulation, court order, or governmental authority, provided that, where legally permitted, it gives the Disclosing Party prompt prior written notice and reasonably cooperates, at the Disclosing Party's expense, in any effort to seek confidential treatment or otherwise limit the scope of the required disclosure.

14. Privacy and Security

14.1 During the Subscription Term, Osto will maintain commercially reasonable administrative, physical, technical, and organizational safeguards designed to protect the security, confidentiality, integrity, and availability of Service Data against unauthorized access, use, disclosure, alteration, or destruction. Such safeguards shall be appropriate to the nature of the Offerings and the sensitivity of the Service Data and will be maintained in accordance with Osto's then-current security practices, as described in its Security Documentation or Trust Center.

14.2 To the extent Osto processes Personal Data contained within Service Data on Customer's behalf, Osto will act solely as a processor (or service provider, where applicable) and will process such Personal Data only in accordance with Customer's documented instructions, these Terms, the applicable Order Form, and the Osto Data Processing Addendum ("DPA"), which is incorporated into these Terms by reference. In the event of any conflict between the DPA and these Terms with respect to the processing of Personal Data, the DPA shall prevail.

14.3 Osto's collection and processing of personal information outside the scope of Service Data, including information collected through the Website, is governed by Osto's Privacy Policy, which is incorporated into these Terms by reference.

14.4 Upon becoming aware of a confirmed Security Incident affecting Service Data, Osto will notify Customer without undue delay and will take commercially reasonable steps to investigate, contain, mitigate, and remediate the Security Incident. Osto will provide Customer with information reasonably necessary to assist Customer in meeting its legal or regulatory obligations arising from the Security Incident to the extent such information is available and disclosure is permitted by applicable law. Notification of a Security Incident shall not constitute an admission of fault or liability by Osto.

15. Third-Party and AI Features

15.1 The Platform may interoperate or integrate with products, applications, platforms, or services provided by third parties ("Third-Party Services"). Customer's access to and use of any Third-Party Services is governed solely by the applicable third party's terms and privacy policies. Osto does not own or control Third-Party Services and is not responsible for their availability, functionality, security, accuracy, or performance. By enabling a Third-Party Service, Customer authorizes Osto to access, exchange, transmit, process, and disclose Service Data as reasonably necessary to facilitate the requested integration.

15.2 Certain Platform may include artificial intelligence or machine learning functionality ("AI Features"). AI-generated responses, recommendations, summaries, analyses, or other outputs ("AI Outputs") are generated using probabilistic models and are provided solely to assist Customer. AI Outputs may be inaccurate, incomplete, outdated, or unsuitable for Customer's intended purpose and should not be relied upon as the sole basis for legal, regulatory, compliance, cybersecurity, financial, operational, or other business decisions. Customer remains solely responsible for reviewing, validating, and exercising independent judgment before relying upon any AI Output or taking any action based on such output. Unless expressly agreed otherwise in writing, Osto will not use Customer's Service Data to train publicly available or shared artificial intelligence models, except as expressly permitted under Section 11.4 or as required by applicable law.

15.3 Customer shall not use AI Features to:

1. generate or distribute unlawful, infringing, defamatory, fraudulent, deceptive, abusive, discriminatory, or harmful content;
2. create or facilitate phishing, malware, ransomware, credential harvesting, social engineering, or other malicious cyber activity;
3. violate the rights of any third party or applicable law;
4. circumvent security controls or safeguards implemented within the Platform; or
5. develop, train, or improve competing artificial intelligence or machine learning models except to the extent expressly authorized by Osto in writing.

16. Warranties and Disclaimers

16.1 Each party represents and warrants that it has the full power, authority, and legal right to enter into these Terms and to perform its obligations under them.

16.2 Osto warrants that, during the applicable Subscription Term, the Platform will perform in all material respects in accordance with the applicable Documentation when used in accordance with these Terms and the Documentation.

Customer's exclusive remedies for any breach of this warranty are, at Osto's option:

1. repair or replacement of the affected Platform;
2. correction of the non-conformity within a reasonable period; or
3. if Osto is unable to remedy the material non-conformity within a reasonable time, termination of the affected Order Form and a pro-rata refund of any prepaid Fees covering the unused portion of the applicable Subscription Term.

16.3 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE WEBSITE, MATERIALS, DOCUMENTATION, OFFERINGS, AI FEATURES, AI OUTPUTS, AND ALL RELATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

OSTO DOES NOT WARRANT THAT THE OFFERINGS WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT ANY DEFECTS WILL BE CORRECTED, THAT THE OFFERINGS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OFFERINGS, AI FEATURES, OR AI OUTPUTS WILL ENSURE COMPLIANCE WITH ANY APPLICABLE LAW, REGULATION, CERTIFICATION STANDARD, OR INDUSTRY FRAMEWORK.

CUSTOMER ACKNOWLEDGES THAT THE OFFERINGS ARE INTENDED TO ASSIST WITH CYBERSECURITY, GOVERNANCE, AND COMPLIANCE ACTIVITIES AND ARE NOT A SUBSTITUTE FOR CUSTOMER'S OWN PROFESSIONAL JUDGMENT, INTERNAL CONTROLS, SECURITY PROGRAM, OR LEGAL, REGULATORY, OR PROFESSIONAL ADVICE.

17. Limitation of Liability

17.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, ANTICIPATED SAVINGS, OR DATA, OR FOR ANY BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE OFFERINGS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 EXCEPT AS PROVIDED IN SECTION 17.3, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO OSTO UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17.3 The exclusions and limitations set out in this Section shall not apply to:

1. Customer's obligation to pay Fees properly due under these Terms or any applicable Order Form;
2. either party's indemnification obligations under Section 18;
3. either party's liability arising from fraud, willful misconduct, or gross negligence, where such liability cannot be limited under applicable law; or
4. any other liability that cannot be excluded or limited under applicable law.

18. Indemnification

18.1 Osto will defend Customer against any third-party claim alleging that the Offerings, when used by Customer in accordance with these Terms and the applicable Documentation, directly infringe any patent, copyright, trademark, or other intellectual property right of such third party. Osto will indemnify and hold Customer harmless against any damages, costs, and reasonable attorneys' fees finally awarded by a court of competent jurisdiction or agreed to in a settlement approved by Osto. Osto shall have no obligation under this Section to the extent a claim arises from:

1. Customer's Service Data;
2. Customer's breach of these Terms;
3. modifications to the Offerings not made or authorized by Osto;
4. use of the Offerings in combination with software, hardware, products, or services not provided or approved by Osto; or
5. Customer's continued use of the allegedly infringing Offerings after Osto has provided a non-infringing alternative, replacement, modification, or termination right.

If the Offerings become, or in Osto's reasonable opinion are likely to become, the subject of an infringement claim, Osto may, at its sole discretion: (i) procure for Customer the right to continue using the affected Offerings; (ii) modify or replace the affected Offerings so they become non-infringing without materially reducing their functionality; or (iii) terminate the affected Offerings and refund any prepaid Fees covering the unused portion of the applicable Subscription Term.

18.2 Customer will defend, indemnify, and hold harmless Osto and its affiliates, officers, directors, employees, contractors, and agents against any third-party claim arising out of or relating to:

1. Customer's Service Data;
2. Customer's use of the Offerings in violation of these Terms or applicable law;
3. Customer's infringement or misappropriation of any third-party rights; or
4. Customer's negligence, willful misconduct, or unauthorized use of the Offerings.

Customer will indemnify Osto for any damages, settlements, judgments, costs, and reasonable attorneys' fees finally awarded or agreed in settlement in connection with such claims.

18.3 The obligations under this Section are subject to the following conditions:

1. the indemnified party promptly notifies the indemnifying party in writing of the claim, provided that any delay in providing notice shall not relieve the indemnifying party of its obligations except to the extent it is materially prejudiced by such delay;
2. the indemnifying party has sole control of the defense and settlement of the claim, except that it may not settle any claim requiring an admission of liability or imposing any obligation on the indemnified party without the indemnified party's prior written consent, not to be unreasonably withheld, conditioned, or delayed; and
3. the indemnified party provides reasonable cooperation, information, and assistance in connection with the defense of the claim, at the indemnifying party's expense.

19. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms, the Website, the Offerings, or any applicable Order Form shall be governed by the laws specified below:

1. where the applicable Order Form is executed by Osto Cybersecurity Inc., the laws of the State of California shall apply, and the state and federal courts located in San Francisco County, California shall have exclusive jurisdiction; and
2. where the applicable Order Form is executed by Osto Cybersecurity Pvt. Ltd., the laws of India shall apply, and the courts at New Delhi shall have exclusive jurisdiction.

20. International Use and Export Compliance

The Website and the Offerings are operated from the United States and may be accessed from jurisdictions around the world. Osto makes no representation or warranty that the Website or the Offerings are appropriate for use or available in every jurisdiction. You are solely responsible for ensuring that your access to and use of the Website and the Services complies with all applicable laws and regulations in your jurisdiction.

You shall not access, use, export, re-export, transfer, or otherwise make available the Offerings in violation of any applicable export control, sanctions, or trade laws or regulations of the United States or any other applicable jurisdiction. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted or denied party list.

21. Changes to These Terms

Osto may modify these Terms from time to time. For material changes affecting Part B (Master Subscription Agreement), Osto will provide reasonable prior notice, including by posting the updated Terms on the Website, through the Services, by email, or by another reasonable means. Unless otherwise stated, such changes will become effective no earlier than ten (10) days after notice is provided. Changes to Part A (Website Terms of Use) become effective upon posting.

Your continued access to or use of the Website or the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

22. General

22.1 Entire Agreement

These Terms, together with each applicable Order Form, the Documentation, the Data Processing Addendum (if applicable), and any other documents expressly incorporated by reference, constitute the entire agreement between the parties regarding their subject matter and supersede all prior or contemporaneous proposals, negotiations, representations, understandings, and agreements relating to such subject matter.

In the event of a conflict between an Order Form and these Terms, the applicable Order Form shall prevail solely with respect to the Offerings purchased under that Order Form. Any terms contained in Customer's purchase order, procurement portal, or other ordering document are rejected and shall have no force or effect unless expressly agreed to in writing by Osto.

22.2 Assignment

Neither party may assign or transfer these Terms, whether by operation of law or otherwise, without the prior written consent of the other party, except that either party may assign these Terms, without such consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its business or assets, provided that the assignee agrees in writing to be bound by these Terms.

22.3 Independent Contractors

The parties are independent contractors. Nothing contained in these Terms shall be construed to create any partnership, joint venture, agency, fiduciary, franchise, or employment relationship between the parties, and neither party has authority to bind or obligate the other.

22.4 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms, other than payment obligations, to the extent such delay or failure results from causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, labor disputes, interruptions in telecommunications or internet services, cyberattacks by third parties, failures of cloud infrastructure providers, epidemics, pandemics, or other events beyond the affected party's reasonable control.

The affected party shall use commercially reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably practicable.

22.5 Notices

All legal notices required under these Terms must be provided in writing.

Notices to Osto shall be sent to legal@osto.one or such other email address designated by Osto, and where required, to Osto's principal business address.

Osto may provide notices to Customer by email, through the Services, the Customer Account, or by posting notice on the Website, as appropriate.

Notices shall be deemed received on the date of delivery if delivered personally, on the date of confirmed electronic transmission if sent by email, or on the date of confirmed delivery if sent by nationally recognized courier.

22.6 Waiver and Severability

No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified or interpreted only to the minimum extent necessary to make it enforceable while preserving its original intent. The remaining provisions shall remain in full force and effect.

22.7 Survival

Any provision of these Terms that by its nature is intended to survive termination or expiration shall survive, including provisions relating to intellectual property, confidentiality, payment obligations, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and this Section 22.

22.8 Limitation Period

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms, the Website, or the Offerings must be commenced within one (1) year after the cause of action first arises, except where a longer limitation period is required by applicable law.

23. Definitions

"Account" means the account created by or on behalf of Customer that enables authorized Users to access and use the Platform.

"Documentation" means Osto's user guides, technical documentation, support documentation, and other written or electronic materials describing the functionality or use of the Services, as updated by Osto from time to time.

"Order Form" means an ordering document, subscription agreement, online order, statement of work, or other ordering instrument executed or accepted by the parties that references these Terms and specifies the applicable Offerings, Subscription Term, Fees, and other commercial terms.

"Service Data" means all electronic data, information, content, files, and other materials submitted to, transmitted through, stored within, or processed by the Services by or on behalf of Customer or its Users.

"Offerings" has the meaning set forth in Section 9.1.

"Subscription Term" means the period during which Customer is authorized to access and use the Offerings, as specified in the applicable Order Form.

"User" means an individual authorized by Customer to access or use the Services under Customer's Account, including Customer's employees, contractors, consultants, administrators, and other authorized personnel.

"Website" means the websites operated by Osto located at www.osto.one and any related subdomains.