Terms of Service

๐Ÿ“… Effective date: 1 January 2025 ๐Ÿ”„ Last updated: 1 January 2025
๐Ÿ“‹ Plain English summary AuditXA is a professional tool for authorised network security professionals. You may only audit devices and configurations that you own or have explicit written permission to test. The tool is provided as-is โ€” audit results are guidance only and do not guarantee security. Your subscription is personal and non-transferable. You can cancel any time.

Contents

  1. Acceptance of terms
  2. Description of service
  3. Eligibility and accounts
  4. Acceptable use
  5. Prohibited uses
  6. Subscriptions and payments
  7. Refund policy
  8. Intellectual property
  9. Disclaimer of warranties
  10. Limitation of liability
  11. Indemnification
  12. Termination
  13. Governing law and disputes
  14. Changes to these terms
  15. Contact

1. Acceptance of terms

These Terms of Service ("Terms") govern your use of AuditXA, operated by Monogon Solutions LLC ("we," "us," "our"), accessible at auditxa.com ("the Service").

By creating an account, subscribing, or using the Service in any way, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Description of service

AuditXA is a browser-based network security auditing tool that analyses firewall, VPN, router, Active Directory, and Microsoft 365 configuration/export files against published security benchmarks including NSA, CIS, NIST, Cisco, Fortinet, and Microsoft guidelines.

Important technical characteristics:

We reserve the right to modify, suspend, or discontinue the Service or any feature at any time with reasonable notice.

3. Eligibility and accounts

To use the Service you must:

Your account is personal and non-transferable. You must not share your login credentials or allow others to access the Service using your account. Each subscription covers one named user unless you have a Team plan.

You are responsible for maintaining the security of your account, including keeping your email account secure (as it is used for login). You must notify us immediately at admin@auditxa.com if you suspect unauthorised access to your account.

4. Acceptable use

The Service is designed for use by authorised IT and network security professionals. You may use the Service to:

Authorisation is your responsibility. Before auditing any configuration, ensure you have the legal right to do so. Uploading or pasting configuration data that you are not authorised to access may violate computer crime laws in your jurisdiction. We are not liable for any unauthorised use.

5. Prohibited uses

You must not use the Service to:

Violation of these prohibited uses may result in immediate termination of your account without refund and may be reported to appropriate law enforcement authorities. Unauthorised computer access is a serious criminal offence in most jurisdictions.

6. Subscriptions and payments

Subscription plans

The Service is provided on a subscription basis. Available plans and pricing are described on our Pricing page. Prices are displayed excluding tax where applicable; tax will be calculated at checkout.

Payment processing

Payments are processed by Stripe (stripe.com). We never receive or store your payment card details. By subscribing, you also agree to Stripe's Terms.

Billing cycles

Subscriptions are billed monthly or annually in advance depending on the plan selected. Your subscription renews automatically at the end of each billing period unless you cancel.

Price changes

We may change subscription prices. We will give at least 30 days' notice by email before any price change takes effect for existing subscribers. You can cancel before the new price applies if you do not agree.

Free trials

New subscribers may be offered a 14-day free trial. A valid payment card is required to start a trial; you will not be charged during the 14-day trial period. If you do not cancel before the trial ends, your selected plan will begin billing automatically using the card on file. You can cancel at any time during or after the trial โ€” including on or after your billing date โ€” from the billing portal link in your account, and you will retain access until the end of the period you have already paid for. One free trial per person; if we have reason to believe a free trial is being abused, we reserve the right to terminate it.

Taxes

Tax may be applied at checkout depending on your billing location and applicable laws. Stripe Checkout automatically calculates applicable tax where configured.

7. Refunds and cancellation

No refunds: Subscription fees are non-refundable, including for partial billing periods. We do not offer refunds for time remaining on a current billing period, whether monthly or annual.

Cancel any time: You may cancel your subscription at any time. When you cancel, your subscription will not renew and no further charges will be made โ€” billing simply stops at your next scheduled billing date. You will retain full access to the Service through the end of the period you have already paid for.

Free trial: If you cancel during your 14-day free trial, you will not be charged at all. If you do not cancel before the trial ends, your card on file will be charged automatically for your selected plan, governed by this same no-refund / cancel-anytime policy going forward.

Service outages: If the Service is unavailable for more than 48 consecutive hours due to our fault, we will provide a pro-rata credit for the downtime period, applied to a future billing cycle.

Mandatory consumer rights: Nothing in this policy limits any refund or cancellation right you have under mandatory consumer protection law in your jurisdiction that cannot be waived by agreement.

8. Intellectual property

Our intellectual property

The Service, including its design, code, security check database, scoring algorithms, user interface, and all written content, is owned by us and protected by copyright, trade secret, and other intellectual property laws. These Terms do not grant you any ownership rights in the Service.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for the purposes described in these Terms, for the duration of your subscription.

Your content and audit reports

You own the configuration files you submit and the audit reports generated from them. We claim no ownership over your configuration data or your audit reports.

Audit reports may be used for your internal purposes or shared with clients as part of a professional engagement. You may not republish or redistribute the AuditXA security check database or scoring logic as part of a competing product.

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a royalty-free, perpetual, irrevocable licence to use that feedback for any purpose, including improving the Service.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to:

Audit results are advisory only

AuditXA audit results do not constitute a professional security assessment, penetration test, compliance audit, or certification. The tool performs automated pattern matching and cannot account for:

Audit results should be reviewed by a qualified network security professional before making changes to production systems. We are not responsible for any changes made to your systems based on audit results.

Some jurisdictions do not allow exclusion of implied warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

10. Limitation of liability

To the fullest extent permitted by applicable law:

We will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, business, goodwill, or revenue, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising from these Terms or the Service will not exceed the greater of:

These limitations apply regardless of the legal theory under which damages are sought (contract, tort, statute, or otherwise).

EU/UK consumers: Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable consumer protection law. Your statutory rights are not affected.

11. Indemnification

You agree to defend, indemnify, and hold harmless AuditXA, its officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

12. Termination

Termination by you

You may cancel your subscription at any time through your Stripe customer portal, or by emailing admin@auditxa.com. Cancellation takes effect at the end of your current billing period. You will retain access until that date.

Termination by us

We may suspend or terminate your account immediately and without notice if:

For minor or first-time violations, we will generally attempt to notify you and give you an opportunity to remedy the issue before terminating.

Effect of termination

Upon termination, your right to access the Service ceases immediately. We will delete your account data as described in our Privacy Policy. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimer of warranties, limitation of liability, and governing law) will survive.

13. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to conflict of law principles. This applies regardless of your country of residence; if you are a consumer outside the United States, the consumer-rights provisions below may also apply to you.

Venue

Subject to the arbitration agreement below, you agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of those courts and waive any objection to venue there.

Binding arbitration agreement

Except for disputes that qualify for small claims court or claims for injunctive relief to protect intellectual property or confidential information, you and AuditXA agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration rather than in court, except as set out below.

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, as applicable), conducted in English, with the seat of arbitration in Texas. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party will bear its own costs of arbitration except as the AAA rules or applicable law otherwise require.

30-day opt-out: You may opt out of this arbitration agreement by emailing admin@auditxa.com within 30 days of first accepting these Terms, stating clearly that you wish to opt out of arbitration. If you opt out, disputes will instead be resolved in the courts identified in the Venue section above.

Informal resolution first

Before initiating any formal legal proceedings, you agree to contact us at admin@auditxa.com to attempt to resolve the dispute informally. We will try in good faith to resolve any complaint within 30 days.

EU consumers

If you are a consumer in the European Union, you may also be entitled to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

UK consumers

If you are a consumer in the United Kingdom, you may refer disputes to an approved Alternative Dispute Resolution (ADR) body if we are unable to resolve your complaint.

Class action waiver

To the extent permitted by law, all disputes will be resolved on an individual basis only. You waive the right to participate in any class, collective, or representative action against us, whether in arbitration or in court, and the arbitrator has no authority to combine more than one person's claims into a single proceeding.

14. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will:

If you continue to use the Service after the effective date, you accept the updated Terms. If you do not agree to the changes, you may cancel your subscription before the effective date and request a pro-rata refund for the unused portion.

15. Contact

Legal & Billing Contact

๐Ÿ“ง General: admin@auditxa.com ๐Ÿ’ณ Billing: admin@auditxa.com