END USER LICENSE AGREEMENT
Effective Date: June '26 Version: 1.0
IMPORTANT — READ CAREFULLY
This End User License Agreement (this "Agreement" or "EULA") is a binding legal contract between you ("you," "your," the "End User," or "Customer") and Scudio LLC, a Delaware limited liability company, including where applicable Scudio LLC doing business as Emunet ("Scudio," "we," "us," or "our"), governing your access to and use of the Scudio content-filtering software, applications, agents, browser extensions, mobile applications, device agents, services, websites, updates, documentation, support services, classification systems, and related features, collectively the "Software" or "Service."
The Software may be offered to you under the brand "Emunet," under the "Scudio" name, or under the brand, trade name, logo, domain, or product name of a third-party Distribution Partner, reseller, managed service provider, organization, school, community, or white-label provider. Regardless of the brand displayed to you, the underlying Software is owned, licensed, and provided by Scudio, and your use of it is governed by this Agreement, unless Scudio has signed a separate written agreement that expressly states otherwise.
BY INSTALLING, ACCESSING, ENABLING, ACTIVATING, CONFIGURING, OR USING THE SOFTWARE — OR BY CLICKING "I AGREE," "ACCEPT," OR A SIMILAR CONTROL — YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree, do not install, access, enable, activate, configure, or use the Software.
If you are accepting this Agreement on behalf of a company, school, institution, household, family, community, organization, reseller, managed service provider, Distribution Partner, or other legal entity, you represent and warrant that you have authority to bind that entity and its users to this Agreement.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS-ACTION WAIVER IN SECTION 23 THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW IT CAREFULLY.
1. Definitions
1.1. "Administrator" means any person or organization authorized to install, configure, activate, enable, administer, monitor, manage, restrict, or control use of the Software on one or more Devices or for one or more Monitored Users.
1.2. "Branded Offering" means the Software as marketed, named, branded, packaged, presented, or made available under any trade name, trademark, domain, interface, logo, or product name, including without limitation Emunet, Scudio, or the brand of any Distribution Partner.
1.3. "Customer" means the individual, household, family, organization, company, school, institution, reseller, managed service provider, Distribution Partner, or other person or entity that purchases, subscribes to, receives, administers, configures, or otherwise uses the Software.
1.4. "Device" means any computer, mobile phone, tablet, browser, router, network appliance, virtual machine, endpoint, or other hardware or software environment on which the Software is installed, enabled, configured, monitored, filtered, or through which the Software operates.
1.5. "Distribution Partner" means a third party authorized by Scudio under a separate written agreement to market, resell, distribute, administer, support, offer, or present the Software under such third party's own brand, as a private-label or white-label offering, as a co-branded offering, or as part of a managed service.
1.6. "Documentation" means the user guides, administrator guides, help materials, technical specifications, onboarding materials, and other documentation made available by Scudio or an authorized Distribution Partner for the Software.
1.7. "Filtering Standards" means the categories, rules, policies, blocklists, allowlists, exceptions, thresholds, classifications, user settings, device settings, organization settings, and other configuration settings that determine what content, websites, applications, traffic, media, data, or activity the Software permits, restricts, blocks, flags, logs, alerts on, or reports.
1.8. "Filtered Content" means content, websites, applications, communications, images, videos, text, files, media, traffic, network activity, URLs, domains, metadata, or data that the Software is intended to permit, restrict, block, classify, flag, log, alert on, or report based on the applicable Filtering Standards.
1.9. "Managed Device" means any Device on which the Software is installed, enabled, configured, monitored, filtered, restricted, managed, or administered.
1.10. "Processing Node" means any local, remote, customer-owned, enterprise-owned, Scudio-operated, Distribution Partner-operated, cloud-hosted, on-premises, gateway, relay, appliance, server, virtual machine, or other computing environment used to inspect, classify, filter, route, process, enforce policy on, or otherwise analyze traffic, content, metadata, or Service Data in connection with the Software.
1.11. "Remote Processing" means any deployment model in which traffic, content, metadata, files, images, video, URLs, DNS requests, network activity, or other data from a Device is transmitted, routed, proxied, relayed, mirrored, forwarded, or otherwise made available to a Processing Node for classification, filtering, inspection, policy enforcement, reporting, logging, security analysis, or related functionality.
1.12. "Edge Processing" means processing that occurs locally on or near the Managed Device, including through a local agent, browser extension, mobile application, local service, driver, model, cache, or policy engine.
1.13. "Monitored User" means any individual whose use of a Device is filtered, restricted, logged, monitored, alerted on, or reported through the Software.
1.14. "Partner Terms" means additional terms, policies, billing rules, support terms, community standards, service terms, or privacy notices presented by a Distribution Partner in connection with a Branded Offering.
1.15. "Service Data" means data processed, collected, generated, transmitted, stored, analyzed, or made available by or through the Software, including account information, Device information, policy settings, configuration data, browsing or network metadata, URL or domain information, classification results, blocked or allowed events, diagnostic logs, security alerts, activity reports, device status, support information, crash data, performance data, and other information described in this Agreement, the Documentation, or the applicable Privacy Policy.
1.16. "Subscription" means the paid, unpaid, trial, pilot, evaluation, family, organizational, school, enterprise, reseller, white-label, or other plan, term, seat count, user count, device allotment, or service level under which you are authorized to use the Software.
2. Branding, Trade Names, and White-Label Offerings
2.1. Emunet as a Trade Name of Scudio. Emunet is a doing-business-as name, trade name, or product brand of Scudio. References to Emunet in connection with the Software mean Scudio operating under that trade name or brand. All rights, obligations, disclaimers, limitations, licenses, restrictions, and protections in this Agreement that apply to Scudio apply equally when the Software is offered under the Emunet name.
2.2. White-Label and Co-Branded Offerings. Scudio may license, provide, or make available the Software to Distribution Partners who may market, distribute, support, administer, or present the Software under their own brands, trademarks, logos, domains, community names, product names, or service names. Regardless of the brand displayed to you, the underlying Software is owned, licensed, and provided by Scudio, and this Agreement governs your license to and use of that underlying Software.
2.3. Distribution Partners Are Not Scudio. A Distribution Partner is not Scudio, is not an agent of Scudio except as expressly authorized in a written agreement signed by Scudio, and does not have authority to modify, waive, expand, or contradict this Agreement on Scudio's behalf. No Distribution Partner may make warranties, representations, commitments, or promises on Scudio's behalf unless Scudio has expressly authorized them in writing.
2.4. Supplemental Partner Terms. A Distribution Partner may present Partner Terms governing matters such as pricing, billing, refunds, customer support, onboarding, service levels, community standards, permitted content categories, administrative workflows, or specific Filtering Standards. Partner Terms supplement this Agreement. In the event of a conflict, this Agreement controls with respect to ownership and intellectual property, license restrictions, technical restrictions, software access, Scudio's data rights, warranties and disclaimers, limitation of liability, indemnification, dispute resolution, and Scudio's rights and remedies. Partner Terms may control with respect to pricing, billing, refunds, support commitments, community rules, or specific Filtering Standards applied by that Distribution Partner, provided they do not impose obligations on Scudio without Scudio's written consent.
2.5. No Reliance on Brand. You acknowledge that the brand, logo, trade name, domain, interface, or packaging under which the Software is presented does not change the nature, ownership, capabilities, limitations, or legal terms governing the underlying Software. You agree not to assert any claim against Scudio based solely on the identity of the brand displayed to you.
2.6. Transition of Brands or Providers. Scudio may change, replace, discontinue, migrate, or rebrand any Branded Offering, including by moving users from one brand, domain, reseller, Distribution Partner, or product name to another, provided that your license to the underlying Software remains subject to this Agreement and any applicable Subscription terms.
3. License Grant
3.1. Grant. Subject to your compliance with this Agreement and payment of all applicable fees, Scudio grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on the number of Devices and for the term permitted by your Subscription, solely for lawful content filtering, monitoring, reporting, device management, and policy enforcement purposes consistent with this Agreement and the Documentation.
3.2. Licensed, Not Sold. The Software is licensed, not sold. No title or ownership interest is transferred to you. All rights not expressly granted in this Agreement are reserved by Scudio and its licensors.
3.3. Scope of Use. You may use the Software only for your own personal, household, family, internal business, organizational, school, institutional, or authorized managed-service purposes, as applicable to your Subscription. You may not resell, sublicense, provide, host, distribute, or make the Software available to third parties except as expressly permitted under a separate written agreement with Scudio.
3.4. Updates. Scudio may provide, deploy, require, or automatically install updates, upgrades, patches, new versions, configuration changes, model updates, classification updates, policy updates, certificate updates, driver updates, database updates, security updates, or other modifications to the Software. Such updates are part of the Software and subject to this Agreement. Scudio may deploy updates automatically without prior notice, including updates necessary to maintain filtering effectiveness, security, compatibility, or service integrity.
3.5. Required Updates. Some updates may be required for continued operation. If you do not install, allow, or maintain required updates, the Software may not function properly, and Scudio may suspend support, access, activation, or functionality.
4. Authority, Consent, and the Administrator–Monitored User Relationship
4.1. Authority to Install and Monitor. By accepting this Agreement and installing, enabling, activating, configuring, or using the Software on any Device, you represent and warrant that you: (a) own the Device or are authorized to install, enable, configure, and manage software on it; (b) have all rights, permissions, notices, consents, and lawful authority necessary to enable filtering, monitoring, logging, reporting, restricting, certificate installation, VPN configuration, DNS or proxy configuration, device management, and other Software functionality on that Device; and (c) have authority with respect to each applicable Monitored User.
4.2. Consent for Monitoring. The Software may filter, restrict, log, classify, alert on, report, or otherwise process a Monitored User's use of a Device, applications, websites, network traffic, or online activity. You are solely responsible for obtaining any consent and providing any notice required by applicable law before enabling monitoring, filtering, logging, reporting, or device control for any individual, including in the parent-child, guardian-minor, employer-employee, school-student, organization-member, household, institutional, or accountability-partner context.
4.3. Minors. Where a Monitored User is a minor, the Administrator represents and warrants that they are the parent or legal guardian of the minor, are acting under authority of the parent or legal guardian, or are otherwise legally authorized to install, configure, and use the Software with respect to that minor.
4.4. Employees, Students, and Organizational Users. Where the Software is used in an employment, school, institutional, communal, or organizational context, the Customer and Administrator are solely responsible for providing required notices, obtaining required consents, adopting appropriate policies, complying with labor, education, privacy, electronic communications, and monitoring laws, and ensuring that use of the Software is lawful and appropriate.
4.5. Administrator Responsibility. Administrators may have significant control over Managed Devices and Monitored Users, including the ability to configure Filtering Standards, receive alerts, view reports, manage certificates or VPN configurations, apply device controls, enforce restrictions, and access certain Service Data. Customers are responsible for ensuring that each Administrator is authorized, trustworthy, trained, and legally permitted to perform these functions.
4.6. No Unlawful Use. You shall not use the Software to monitor, surveil, intercept, restrict, control, or track any person or Device in violation of applicable law. Scudio disclaims all responsibility and liability for monitoring, filtering, restriction, reporting, or device control that you conduct or configure, and you assume full responsibility for the lawfulness of your configuration and use of the Software.
5. Nature and Limitations of the Filtering Technology
5.1. The Software Is a Tool, Not a Guarantee. The Software uses automated, rule-based, heuristic, category-based, list-based, artificial-intelligence, machine-learning, computer-vision, natural-language-processing, metadata, local-device, cloud-assisted, or other techniques to identify, classify, filter, restrict, block, allow, flag, or report content and activity. Content filtering is inherently probabilistic and imperfect. Scudio does not warrant, represent, or guarantee that the Software will block, restrict, detect, flag, classify, or filter all objectionable, explicit, harmful, illegal, unsafe, inappropriate, or unwanted content, or that it will not occasionally restrict, block, flag, misclassify, or interfere with legitimate, desired, or permitted content.
5.2. No Substitute for Supervision. You acknowledge that the Software is intended to assist with, and not to replace, human judgment, parental supervision, religious guidance, educational supervision, employment policies, institutional policies, compliance programs, or organizational controls. No filtering product can detect or prevent all undesired content, and new content, evasion techniques, applications, encryption methods, media formats, and delivery methods emerge continuously. You remain solely responsible for supervision of Monitored Users and for any reliance you place on the Software's output.
5.3. AI Categorization. Where the Software uses AI or machine learning to classify content, classifications are predictions and may be inaccurate, incomplete, over-inclusive, under-inclusive, delayed, inconsistent, or unavailable. Scudio makes no guarantee as to the accuracy of any categorization, label, risk score, confidence score, report, alert, or filtering decision generated by the Software.
5.4. Differences Across Platforms, Configurations, and Processing Models. The Software may operate differently across operating systems, browsers, devices, apps, networks, user types, account types, regions, hardware configurations, filtering modes, processing models, and Subscription levels. Some deployments may perform filtering primarily through Edge Processing on the Managed Device. Other deployments may use Remote Processing through a Processing Node, including for enterprise deployments, gateway deployments, older or lower-powered devices, managed networks, high-performance processing, centralized policy enforcement, or other scenarios. Some features may be unavailable, limited, experimental, or restricted on certain platforms, devices, processing models, or deployments.
5.5. Dependency on Third Parties and Network Conditions. The Software's performance depends on factors outside Scudio's control, including device configuration, operating-system behavior, browser behavior, app behavior, network conditions, encryption, DNS providers, VPNs, security tools, third-party applications, app stores, device manufacturers, content delivery networks, and changes made by content providers or platform vendors. Scudio is not responsible for filtering failures, compatibility issues, degraded performance, or service limitations arising from such factors.
5.6. Acknowledgment. You expressly acknowledge and accept the limitations described in this Section as a material condition of your license, and you agree that these limitations are reasonable given the nature of content-filtering technology.
6. Technical Components, Device Changes, Routing, and System-Level Operation
6.1. Technical Components. Depending on platform, configuration, Subscription, and deployment model, the Software may install, require, use, configure, modify, monitor, update, or remove technical components, including device agents, local services, background services, browser extensions, mobile applications, VPN profiles, DNS settings, proxy settings, routing rules, firewall rules, root or intermediate certificates, certificate stores, mobile device management profiles, device-owner or supervision settings, accessibility permissions, network extensions, packet filters, drivers, local databases, encrypted caches, secure communication channels, policy engines, update services, monitoring components, and other system-level controls.
6.2. Authorization. You authorize Scudio and the Software to install, update, configure, monitor, enforce, disable, remove, or modify such components as necessary or appropriate to provide, secure, maintain, troubleshoot, support, update, improve, or enforce the Software and applicable Filtering Standards.
6.3. Edge Processing and Remote Processing. The Software may process traffic, content, metadata, and Service Data locally on the Managed Device through Edge Processing, remotely through Remote Processing, or through a combination of both. Remote Processing may be used where local device resources are insufficient, where centralized enterprise filtering is desired, where a customer chooses a gateway or appliance deployment, where a Distribution Partner provides managed processing, or where Scudio determines that off-device processing is necessary or appropriate to provide, secure, support, or improve the Software.
6.4. Routing to Processing Nodes. In Remote Processing deployments, the Software may route, proxy, relay, tunnel, mirror, forward, or otherwise transmit traffic, content, metadata, DNS requests, URLs, files, images, video, network activity, or other data from a Managed Device to one or more Processing Nodes for classification, filtering, inspection, policy enforcement, security analysis, reporting, logging, troubleshooting, performance optimization, or related functionality. Processing Nodes may be located on the Customer's premises, in a customer-controlled cloud environment, on another device controlled by the Customer or Administrator, in a Scudio-operated environment, in a Distribution Partner-operated environment, or in another authorized processing environment.
6.5. Customer-Controlled Processing Nodes. Where a Processing Node is owned, operated, hosted, or controlled by the Customer, Administrator, enterprise, school, organization, household, or Distribution Partner, that party is responsible for the security, availability, configuration, access controls, physical security, network connectivity, backups, compliance, monitoring, and lawful operation of that Processing Node, except to the extent Scudio expressly agrees otherwise in a separate written agreement.
6.6. Scudio-Operated or Partner-Operated Processing Nodes. Where a Processing Node is operated by Scudio or a Distribution Partner, processing may be subject to additional terms, Privacy Policy disclosures, data processing terms, security documentation, order terms, Partner Terms, or service descriptions. Scudio does not guarantee that every deployment will use the same processing location, processing architecture, data flow, retention period, or security model.
6.7. Encrypted Traffic and Inspection. Certain features, including Remote Processing features, may require installation or configuration of root or intermediate certificates, local inspection components, VPN profiles, proxy settings, DNS settings, routing rules, or similar mechanisms to classify, filter, inspect, route, or enforce policy with respect to encrypted or otherwise protected traffic. You are responsible for ensuring that use of such features is lawful, authorized, disclosed, and consented to where required.
6.8. Impact on Device and Network Behavior. You understand that Edge Processing and Remote Processing components may affect device behavior, browser behavior, network behavior, application compatibility, certificate trust, VPN status, DNS resolution, routing, internet access, website access, app access, connection speed, latency, bandwidth usage, battery life, storage usage, memory usage, CPU usage, GPU usage, security prompts, operating-system settings, or interaction with other software and services.
6.9. Compatibility Limitations. Some websites, applications, networks, VPNs, proxies, security tools, operating systems, browsers, app stores, device manufacturers, enterprise systems, or third-party services may not function properly when filtering, inspection, VPN, DNS, certificate, proxy, routing, driver, Processing Node, or device-control features are enabled. Scudio does not guarantee compatibility with every website, application, device, operating system, network, Processing Node, or configuration.
6.10. Performance and Availability. Remote Processing may depend on network connectivity, Processing Node availability, bandwidth, latency, routing, hardware capacity, customer infrastructure, cloud infrastructure, Distribution Partner infrastructure, or third-party services. Scudio is not responsible for delays, outages, degraded performance, packet loss, blocked access, unavailable content, or filtering failures caused by Customer-controlled Processing Nodes, Distribution Partner systems, third-party networks, customer infrastructure, internet connectivity, or configurations outside Scudio's reasonable control.
6.11. Fail-Open and Fail-Closed Behavior. Depending on configuration, Subscription, platform, and policy settings, the Software may respond to Processing Node unavailability, network failures, update failures, policy failures, or service interruptions by blocking traffic, allowing traffic, applying cached policies, applying default policies, disabling certain features, entering a degraded mode, or requiring Administrator action. You are responsible for selecting and understanding the fail-open, fail-closed, fallback, and recovery behavior appropriate for your deployment.
6.12. Backups. You are responsible for backing up Devices, data, settings, Processing Node configurations, and related systems before installation, configuration changes, updates, routing changes, Processing Node changes, or removal of the Software. Scudio is not responsible for loss of data, settings, access, or functionality resulting from failure to maintain appropriate backups.
6.13. Administrative Removal. In some deployments, uninstalling, disabling, rerouting, bypassing, or modifying the Software or a Processing Node may require Administrator approval, account access, recovery codes, device management access, or other authorized procedures. You may not attempt to remove, disable, reroute, bypass, or modify the Software or Processing Node configuration through unauthorized means.
7. Tamper Resistance, Anti-Bypass, and Security Controls
7.1. Security and Enforcement Features. The Software may include tamper-resistance, anti-bypass, self-protection, watchdog, policy enforcement, service restart, driver protection, configuration protection, account verification, activation control, device identity, certificate validation, secure update, remote configuration, administrative lock, uninstall protection, integrity checking, and related security or enforcement features.
7.2. No Circumvention. You shall not, and shall not permit any third party to, bypass, disable, remove, alter, interfere with, misconfigure, defeat, corrupt, weaken, spoof, reverse engineer, tamper with, or evade the Software, any Filtering Standards, any security feature, any licensing mechanism, any policy enforcement feature, or any technical protection feature, except through authorized account controls or documented procedures made available by Scudio or an authorized Administrator.
7.3. No Bypass Tools or Assistance. You may not use the Software to test, develop, publish, distribute, facilitate, or assist with bypass methods, circumvention tools, malware, unauthorized monitoring, credential theft, network abuse, security attacks, or unlawful surveillance.
7.4. Scudio Remedies. Scudio may suspend or terminate access, deny support, restrict reactivation, revoke licenses, block activation, disable features, or take technical measures if it reasonably believes the Software is being abused, attacked, bypassed, tampered with, misused, or used in violation of this Agreement.
8. Acceptable Use and Restrictions
8.1. You shall not, and shall not permit any third party to:
(a) copy, modify, adapt, translate, or create derivative works of the Software except as expressly permitted by this Agreement;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive, extract, replicate, or recreate the source code, object code, structure, architecture, algorithms, models, machine-learning or AI models, weights, signatures, rules, heuristics, blocklists, allowlists, categorization logic, classification logic, databases, data structures, protocols, trade secrets, or underlying ideas of any part of the Software, including any agents, drivers, services, browser extensions, mobile applications, tools, utilities, models, or other components, whether provided on a Device, through a Processing Node, or otherwise, except to the limited extent applicable law expressly permits despite this limitation;
(c) circumvent, disable, tamper with, bypass, or attempt to bypass any filtering, monitoring, security, licensing, activation, policy enforcement, or technical protection feature of the Software, or assist any person in doing so;
(d) rent, lease, lend, sell, sublicense, distribute, host as a service, provide as a managed service, or otherwise make the Software available to any third party, except where you are an authorized Distribution Partner acting under a separate written agreement with Scudio;
(e) remove, alter, or obscure any proprietary notices, marks, labels, copyright notices, trademark notices, or other notices on the Software;
(f) use the Software to develop, train, benchmark, validate, test, improve, or compete with any product or service that is competitive with the Software, or to extract data for such purpose;
(g) use the Software in violation of any applicable law, regulation, court order, contract, employment policy, school policy, institutional rule, or third-party right;
(h) use the Software in any manner not authorized by this Agreement, the Documentation, or your Subscription;
(i) access the Software through unauthorized automated means or use it to transmit malware, conduct unauthorized penetration testing, perform security attacks, scrape systems, overload infrastructure, or impose an unreasonable burden on Scudio or its service providers;
(j) use the Software for unlawful surveillance, stalking, harassment, abuse, discrimination, retaliation, credential theft, fraud, or other unlawful or harmful activity;
(k) use the Software in high-risk environments where failure could lead to death, serious bodily injury, severe property damage, critical infrastructure failure, or life-safety risk; or
(l) use the Software after termination, expiration, suspension, or revocation of your license.
8.2. Credentials and Account Security. You are responsible for maintaining the confidentiality and security of credentials, keys, tokens, recovery codes, administrative accounts, and devices associated with your use of the Software. You are responsible for all activity occurring under your account.
8.3. Unauthorized Access. You must promptly notify Scudio or your applicable Distribution Partner if you suspect unauthorized access, compromise of credentials, unauthorized Administrator activity, device compromise, or misuse of the Software.
9. Privacy, Data, Logging, and Storage
9.1. Privacy Policy. Scudio's collection and processing of personal information is described in the applicable Scudio Privacy Policy, which is incorporated by reference. Where the Software is presented under a Distribution Partner brand, an applicable Partner privacy policy may also apply.
9.2. Processing Architecture. The Software is designed with a privacy-conscious, customer-controlled data model. Depending on your deployment, processing may occur locally on the Managed Device, on another device or server controlled by you or your organization, on a customer-controlled Processing Node, on a Distribution Partner-controlled Processing Node, in a Scudio-operated environment, or through a combination of these models. Where applicable to your deployment, filtering and activity logs may be written to storage that you, your organization, or your Distribution Partner owns or controls, including customer-owned cloud storage. In certain deployments, Scudio may operate on a limited-access or zero-knowledge basis with respect to such logs, meaning Scudio does not access the contents except as necessary to provide, secure, troubleshoot, support, or improve the Software, as you direct, as configured by your Administrator or Distribution Partner, or as required by law. The specific processing architecture, data flow, storage location, access model, and retention model applicable to your deployment may vary and may be described in the Documentation, order terms, Partner Terms, Privacy Policy, or applicable data processing terms.
9.3. Logs and Reports. The Software may generate logs, reports, alerts, analytics, classifications, diagnostic records, and event records relating to Filtered Content, Monitored User activity, Device status, security events, policy decisions, blocked or allowed activity, configuration changes, and administrator actions. You are responsible for the retention, security, access control, disclosure, review, interpretation, and lawful use of any data stored in systems you control or that is made available to you.
9.4. Service Data. Scudio may collect and process Service Data, including configuration data, account data, device data, telemetry, diagnostic information, performance information, crash reports, support data, classification data, security events, and aggregated or de-identified usage data to operate, secure, maintain, troubleshoot, support, and improve the Software.
9.5. Product Telemetry and Device Characteristics. To operate, secure, maintain, troubleshoot, and improve the Software, Scudio automatically collects and transmits product telemetry, including error reports, crash data, fault and exception logs, diagnostic information, performance metrics, feature usage, configuration state, version and update status, license and activation status, security and integrity events, and other operational information about how the Software is functioning. Scudio also collects technical device characteristics, including device make, model, type, operating system and version, browser and version, hardware identifiers, device or installation identifiers, network type, language and region settings, and similar technical attributes. Such product telemetry and device characteristics are not intended to, and do not, include the private content of a Monitored User's communications, the substance of browsing activity, files, images, video, messages, or other private personal data, except in the following three limited circumstances:
(a) Opt-In Diagnostic Sharing. Where a user or Administrator manually elects, through the Software's control panel or settings, to share additional usage, diagnostic, or activity data with Scudio — typically on a limited-time or session basis — to help Scudio investigate, reproduce, troubleshoot, or resolve a specific issue, the data shared during that period may include additional usage or activity information beyond standard telemetry. Such sharing is initiated by the user or Administrator, may be turned off, and is used by Scudio for the purpose of diagnosing and resolving the issue.
(b) Access and Unblock Requests. Where a user or Administrator submits a request to access, unblock, allow, review, or reclassify a website, page, domain, or resource that the Software has blocked or restricted, the requested URL, domain, or resource identifier, together with related request context, is transmitted to Scudio (and, depending on configuration, to the applicable Administrator or Distribution Partner) so that the request can be received, evaluated, and responded to.
(c) Mobile Application Inventory for Categorization. When the Software is activated on a mobile Device, and when a new application is subsequently installed on that Device, the Software may collect the list of applications installed on the Device and transmit it to Scudio's backend so that those applications can be categorized and the Software can determine how to filter, handle, or apply policy to them. Scudio uses this application-inventory data solely for categorization, does not retain or store it after categorization is complete, and discards it upon completion of categorization.
Activity, filtering, and logging data relating to Monitored Users is otherwise governed separately by Sections 9.2, 9.3, 9.9, and the applicable Privacy Policy, and is not part of the telemetry described in this Section.
9.6. No Sale of Personal Information. Scudio will not sell personal information collected through the Software.
9.7. Data Available to Administrators and Partners. Depending on configuration, Administrators and Distribution Partners may have access to certain Service Data, logs, reports, alerts, activity information, filtering events, policy settings, Device status, and support information. You are responsible for understanding and configuring who has access to such data.
9.8. Legal Compliance. Customers and Administrators are solely responsible for providing required notices, obtaining required consents, configuring data retention appropriately, limiting access to authorized personnel, responding to End User requests where applicable, and using Service Data in compliance with applicable law.
9.9. Remote Processing Data. In Remote Processing deployments, traffic, content, metadata, DNS requests, URLs, files, images, video, network activity, device information, policy information, classification results, and other Service Data may be transmitted to or through one or more Processing Nodes. Such data may be processed for classification, filtering, inspection, policy enforcement, logging, reporting, alerting, troubleshooting, security, performance optimization, and service improvement. Customers and Administrators are responsible for ensuring that Remote Processing is properly disclosed, authorized, consented to, secured, and configured in accordance with applicable law and their own policies.
9.10. Customer Infrastructure. Where Remote Processing uses infrastructure owned, operated, hosted, or controlled by the Customer, Administrator, enterprise, school, organization, household, or Distribution Partner, that party is responsible for securing and maintaining such infrastructure, including access controls, encryption settings, network configuration, firewall rules, user permissions, physical access, backups, monitoring, incident response, retention settings, and compliance obligations. Scudio is not responsible for unauthorized access, data loss, outages, misconfiguration, compliance failures, or security incidents caused by infrastructure not controlled by Scudio.
10. Administrator Access to Reports and Activity
10.1. Administrator Visibility. Depending on configuration and Subscription, Administrators may have access to reports, alerts, logs, filtering events, category decisions, blocked activity, allowed activity, policy exceptions, user assignments, Device status, configuration data, diagnostic data, and other Service Data.
10.2. No Expectation of Privacy from Administrator. Monitored Users should not assume that activity on a Managed Device, managed browser, managed network, managed account, or managed profile is private from the applicable Administrator.
10.3. Administrator Use of Data. Scudio is not responsible for how a Customer, Administrator, reseller, school, employer, parent, guardian, organization, community, or Distribution Partner uses, discloses, interprets, stores, or acts upon reports, logs, alerts, or other Service Data made available through authorized account features.
10.4. Disputes Among Users and Administrators. Scudio is not responsible for disputes between Customers, Administrators, Monitored Users, parents, guardians, schools, employers, organizations, households, communities, Distribution Partners, or other third parties regarding installation, monitoring, filtering, access to data, account ownership, or administrative authority.
11. Fees, Subscription, and Renewal
11.1. Fees. Access to the Software may require payment of subscription fees, license fees, device fees, user fees, usage fees, implementation fees, support fees, setup fees, or other charges as set forth in your Subscription, order form, checkout page, invoice, reseller agreement, Partner Terms, or other applicable commercial terms. All fees are non-refundable except as expressly stated or required by law.
11.2. Billing Through Partners. Where the Software is provided under a Distribution Partner brand or through a reseller, marketplace, app store, payment processor, or other third party, billing, payment, taxes, refunds, cancellation, and renewal may be handled by that third party under its own terms. Scudio is not responsible for third-party billing errors, payment failures, refund decisions, tax calculations, or payment disputes except to the extent required by law.
11.3. Renewal. Unless otherwise stated, Subscriptions may automatically renew for successive terms at the then-current rate until canceled in accordance with the applicable cancellation terms.
11.4. Taxes. Fees are exclusive of taxes, duties, levies, and governmental assessments, which are your responsibility except for taxes on Scudio's net income.
11.5. Nonpayment. Scudio may suspend, restrict, or terminate access to the Software for nonpayment, failed payment, chargeback, billing dispute, expired payment method, or fraud risk, subject to applicable law and applicable commercial terms.
12. Intellectual Property
12.1. Scudio Ownership. The Software, including all software, source code, object code, device agents, drivers, services, browser extensions, mobile applications, models, algorithms, AI systems, classification systems, blocklists, allowlists, category logic, rules, signatures, databases, user interfaces, designs, Documentation, trademarks, trade names, logos, inventions, know-how, trade secrets, and all related intellectual property rights, is and remains the exclusive property of Scudio and its licensors.
12.2. Improvements. Scudio owns all modifications, enhancements, updates, improvements, derivative works, fixes, workarounds, translations, adaptations, feedback-based improvements, and new versions of the Software, regardless of who develops, requests, suggests, or contributes to them, unless otherwise agreed in a separate written agreement signed by Scudio.
12.3. Trademarks. "Scudio," "Emunet," and associated logos, trade names, product names, and marks are trademarks or trade names of Scudio. Distribution Partner brands, names, logos, domains, and marks are the property of the respective Distribution Partners. Nothing in this Agreement grants you any right to use any such marks.
12.4. Feedback. If you provide suggestions, comments, ideas, requests, bug reports, improvements, or other feedback regarding the Software, Scudio may use, reproduce, modify, distribute, commercialize, and otherwise exploit such feedback without restriction, compensation, attribution, or obligation to you. To the extent permitted by law, you assign to Scudio all rights in such feedback.
12.5. Embedded Identifiers and Anti-Counterfeiting. The Software may contain embedded identifiers, license keys, digital fingerprints, watermarks, build markers, integrity signatures, or other technical measures used to identify authorized copies, verify authenticity and integrity, detect tampering, and detect or trace unauthorized copying, reproduction, modification, distribution, counterfeiting, or use of the Software. These identifiers are used to protect Scudio's intellectual property and the integrity of the Software and do not include the private content of a Monitored User's communications, browsing activity, files, or other private personal data. You shall not remove, alter, disable, obscure, spoof, or interfere with any such identifier or measure. Unauthorized copying, reproduction, distribution, counterfeiting, or use of the Software, or production or distribution of counterfeit or unauthorized copies, may infringe Scudio's intellectual property rights and violate civil and criminal law, and Scudio may pursue all available remedies, including injunctive relief, monetary damages, statutory damages, attorneys' fees and costs, and referral for criminal prosecution, to the fullest extent permitted by law.
13. Third-Party Components and Services
13.1. Third-Party Components. The Software may include, depend on, interoperate with, or link to third-party software, open-source software, operating systems, browsers, app stores, device platforms, payment processors, identity providers, hosting providers, cloud services, analytics providers, security tools, AI models, classification sources, infrastructure providers, or other third-party services.
13.2. Separate Terms. Third-party components or services may be subject to their own license terms, privacy policies, service terms, or platform rules. To the extent of any conflict, those terms govern your use of the applicable third-party component, but they do not enlarge Scudio's obligations under this Agreement.
13.3. Third-Party Changes. Scudio is not responsible for third-party outages, restrictions, failures, policy changes, operating-system changes, browser changes, app-store decisions, device-manufacturer restrictions, network-provider actions, cloud-provider incidents, or other third-party conduct that affects the Software.
14. Beta, Preview, Trial, and Evaluation Features
14.1. Beta Features. Scudio may offer beta, preview, early access, experimental, pilot, trial, or evaluation features. Such features are provided for testing and evaluation only, may be incomplete or unstable, may change or be discontinued at any time, and may be subject to additional terms.
14.2. As-Is Beta Use. Beta, preview, trial, pilot, and evaluation features are provided "as is," without warranties, indemnities, service commitments, or support obligations, to the maximum extent permitted by law.
14.3. Data and Feedback. Scudio may collect feedback, diagnostics, usage information, and performance information relating to beta, preview, trial, pilot, or evaluation features to improve the Software.
15. Term and Termination
15.1. Term. This Agreement is effective upon your acceptance and continues until terminated as provided herein or until your Subscription ends.
15.2. Termination by You. You may terminate this Agreement by ceasing all use of the Software and uninstalling it from all Devices, subject to any applicable Subscription, billing, cancellation, administrative, or Partner Terms. In managed deployments, uninstall or deactivation may require Administrator authorization.
15.3. Termination by Scudio. Scudio may suspend or terminate your license, disable accounts, revoke licenses, block activation, restrict support, remove access to features, or suspend access to the Software immediately if you breach this Agreement, fail to pay applicable fees, use the Software in a manner that creates legal, security, operational, reputational, or technical risk, tamper with or attempt to bypass the Software, engage in fraud or abuse, or violate applicable law.
15.4. Discontinuation. Scudio may modify, suspend, discontinue, replace, limit, or remove the Software, any Branded Offering, platform support, feature, integration, or component at any time, subject to applicable law and any written Subscription commitments.
15.5. Effect of Termination. Upon termination, expiration, suspension, or revocation, your license ends and you must cease all use of the Software and uninstall it from all Devices where applicable. Scudio may disable activation, support, access, updates, or related services.
15.6. Survival. Any provision of this Agreement that by its nature should survive termination or expiration will survive, including without limitation the following: Section 1 (Definitions), Section 2.5, Section 5 (Nature and Limitations of the Filtering Technology), Section 7 (Tamper Resistance, Anti-Bypass, and Security Controls), Section 8 (Acceptable Use and Restrictions), Section 9 (Privacy, Data, Logging, and Storage), Section 10 (Administrator Access to Reports and Activity), Section 11 (Fees, Subscription, and Renewal) with respect to fees and amounts accrued or payable prior to termination, Section 12 (Intellectual Property), Section 13 (Third-Party Components and Services), Section 17 (Disclaimer of Warranties), Section 18 (Limitation of Liability), Section 19 (Indemnification), Section 20 (Confidentiality), Section 21 (Export Compliance and Government Use), Section 22 (Governing Law and Jurisdiction), Section 23 (Dispute Resolution; Arbitration; Class-Action Waiver), Section 24 (Injunctive Relief), and Section 27 (General Provisions).
16. Support and Service Levels
16.1. Support. Scudio may provide support through Documentation, online resources, email, ticketing systems, in-product tools, support portals, Distribution Partners, resellers, or support plans. Support availability, response times, and scope may vary by Subscription, platform, geography, deployment model, Distribution Partner, and issue type.
16.2. No Default SLA. Unless otherwise stated in your Subscription, order form, enterprise agreement, or applicable Partner Terms, the Software is provided without any committed support response time, uptime commitment, service-level agreement, or service credit.
16.3. Partner Support. Where support is offered through a Distribution Partner, that Distribution Partner may be responsible for first-level support, billing support, onboarding, account administration, or other support obligations under the Partner Terms.
16.4. Support Exclusions. Scudio is not obligated to provide support for unsupported Devices, outdated versions, outdated operating systems, modified systems, jailbroken or rooted devices, tampered installations, unauthorized configurations, incompatible software, malware-infected devices, expired Subscriptions, nonpayment, third-party outages, customer-owned infrastructure, unsupported networks, or issues caused by third-party services or unauthorized changes.
17. Disclaimer of Warranties
17.1. AS IS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SCUDIO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND DISTRIBUTION PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
17.2. No Filtering Warranty. WITHOUT LIMITING THE FOREGOING, SCUDIO DOES NOT WARRANT THAT THE SOFTWARE WILL BLOCK ALL OBJECTIONABLE, EXPLICIT, HARMFUL, ILLEGAL, UNSAFE, INAPPROPRIATE, OR UNWANTED CONTENT; WILL NOT BLOCK DESIRED OR LEGITIMATE CONTENT; WILL CLASSIFY ALL CONTENT CORRECTLY; WILL PREVENT ALL BYPASS ATTEMPTS; WILL DETECT ALL HARMFUL ACTIVITY; WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE, OR AVAILABLE; OR THAT DEFECTS WILL BE CORRECTED. SCUDIO ALSO DOES NOT WARRANT THAT EDGE PROCESSING OR REMOTE PROCESSING WILL BE AVAILABLE, ERROR-FREE, UNINTERRUPTED, COMPATIBLE WITH ALL DEVICES OR NETWORKS, OR CAPABLE OF PROCESSING ALL TRAFFIC, CONTENT, MEDIA, OR DATA WITHOUT DELAY, DEGRADATION, FAILURE, OR MISCLASSIFICATION.
17.3. No Compliance Warranty. SCUDIO DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR LEGAL, RELIGIOUS, EDUCATIONAL, PARENTAL, EMPLOYMENT, INSTITUTIONAL, ORGANIZATIONAL, REGULATORY, OR COMPLIANCE REQUIREMENTS.
17.4. Customer Responsibility. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE SOFTWARE IS SUITABLE FOR YOUR NEEDS, DEVICES, USERS, ORGANIZATION, AND LEGAL OBLIGATIONS.
17.5. Jurisdictional Limits. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, warranties are limited to the minimum scope and duration permitted by law.
18. Limitation of Liability
18.1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCUDIO, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTION PARTNERS, RESELLERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, REPUTATION, USE, OR SAVINGS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2. Content-Specific Exclusion. WITHOUT LIMITING THE FOREGOING, SCUDIO WILL NOT BE LIABLE FOR ANY HARM, DAMAGE, CLAIM, OR LOSS ARISING FROM: (a) content that the Software failed to block, restrict, detect, classify, or flag; (b) legitimate or desired content that the Software blocked, restricted, delayed, misclassified, or interfered with; (c) the accuracy or inaccuracy of any categorization, score, label, report, alert, log, or filtering decision; (d) any monitoring, filtering, reporting, or device control you conduct using the Software; (e) any Administrator action or omission; (f) any unauthorized access resulting from your failure to secure credentials, devices, or accounts; (g) any compatibility issue involving third-party devices, networks, websites, applications, browsers, operating systems, VPNs, proxies, certificates, or security tools; (h) any loss caused by updates, configuration changes, suspension, termination, or inability to use the Software; (i) any failure, delay, degradation, outage, misconfiguration, or security issue involving a Processing Node not controlled by Scudio; (j) any routing, proxy, VPN, DNS, certificate, gateway, relay, tunneling, or Remote Processing configuration selected, controlled, or modified by you, your Administrator, your organization, or your Distribution Partner; (k) any increased latency, reduced speed, loss of connectivity, degraded application performance, or inability to access content arising from Edge Processing, Remote Processing, Processing Node unavailability, routing changes, network conditions, or third-party infrastructure; or (l) any unauthorized access, data loss, or security incident caused by Customer-controlled, Administrator-controlled, enterprise-controlled, school-controlled, organization-controlled, household-controlled, or Distribution Partner-controlled infrastructure; or (m) any inadvertent, incidental, or unintended receipt, transmission, routing, inspection, processing, caching, or storage of private browsing data, URLs, content, communications, or Monitored User activity by or through the Software, any Processing Node, or Scudio's systems, including where such data is encountered incidentally in the course of filtering, classification, inspection, troubleshooting, diagnostics, access or unblock requests, application categorization, or Remote Processing.
18.3. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SCUDIO ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SOFTWARE WILL NOT EXCEED THE GREATER OF: (a) THE AMOUNTS YOU ACTUALLY PAID TO SCUDIO FOR THE SOFTWARE IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) FIFTY U.S. DOLLARS ($50).
18.4. Allocation of Risk. THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN. THEY APPLY REGARDLESS OF THE LEGAL THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18.5. Jurisdictional Limits. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such cases, liability is limited to the maximum extent permitted by law.
19. Indemnification
You agree to defend, indemnify, and hold harmless Scudio, its affiliates, licensors, suppliers, service providers, Distribution Partners, resellers, and their respective officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
(a) your use, misuse, configuration, administration, or deployment of the Software;
(b) your violation of this Agreement;
(c) your violation of any law, regulation, court order, contract, employment policy, school policy, privacy obligation, electronic-communications law, monitoring law, or third-party right;
(d) your failure to provide required notices or obtain required consents;
(e) your installation, configuration, monitoring, filtering, restriction, or control of any Managed Device or Monitored User;
(f) your use, disclosure, retention, interpretation, or handling of Service Data, reports, logs, or alerts;
(g) any content, policies, rules, exceptions, categories, or Filtering Standards configured by you, your Administrator, your Distribution Partner, or your users;
(h) disputes between Customers, Administrators, Monitored Users, parents, guardians, employers, employees, schools, students, organizations, communities, households, resellers, or Distribution Partners;
(i) any claim that Scudio's processing of data in accordance with your instructions, configuration, Administrator settings, or Subscription violates law or third-party rights;
(j) your ownership, operation, configuration, hosting, maintenance, security, availability, or use of any Processing Node or other infrastructure not controlled by Scudio;
(k) your selection, configuration, disclosure, consent, or use of Remote Processing;
(l) any claim arising from routing, proxying, tunneling, forwarding, relaying, inspecting, or processing traffic, content, metadata, or Service Data through a Processing Node configured, controlled, selected, or operated by you, your Administrator, your organization, or your Distribution Partner; or
(m) any failure to secure, monitor, update, patch, restrict access to, or lawfully operate Customer-controlled, Administrator-controlled, enterprise-controlled, school-controlled, organization-controlled, household-controlled, or Distribution Partner-controlled infrastructure.
Scudio reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Scudio's defense.
20. Confidentiality
20.1. Confidential Information. If you receive non-public information about the Software, including technical information, pricing, product roadmaps, security architecture, beta features, performance information, business plans, trade secrets, or other confidential information, you agree to protect it from unauthorized use or disclosure and to use it only for the purpose for which it was provided.
20.2. Exclusions. Confidential information does not include information that is publicly available through no fault of yours, independently developed without use of confidential information, or lawfully received from a third party without confidentiality obligations.
20.3. Injunctive Relief. Unauthorized use or disclosure of confidential information may cause irreparable harm, and Scudio may seek injunctive or equitable relief in addition to any other remedies available.
21. Export Compliance and Government Use
21.1. Export. You shall comply with all applicable U.S. and foreign export control, sanctions, and trade laws and shall not export, re-export, download, transfer, or use the Software in violation of such laws or to any restricted party, embargoed country, or prohibited end use.
21.2. Representations. You represent that you are not located in, organized under the laws of, or ordinarily resident in any embargoed or sanctioned jurisdiction, and that you are not on any restricted party list.
21.3. U.S. Government. The Software is "commercial computer software" and is provided to U.S. Government end users with only those rights set forth in this Agreement unless otherwise agreed in writing by Scudio.
22. Governing Law and Jurisdiction
22.1. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
22.2. Venue. Subject to Section 23, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, New York, for any dispute not subject to arbitration, and waive any objection to such venue.
23. Dispute Resolution; Arbitration; Class-Action Waiver
23.1. Informal Resolution. Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute by providing written notice describing the dispute and allowing at least thirty (30) days for good-faith resolution.
23.2. Binding Arbitration. Except for claims that may be brought in small-claims court and except for claims seeking injunctive or equitable relief to protect intellectual property, confidential information, security, anti-circumvention rights, or unauthorized access, any dispute arising out of or relating to this Agreement or the Software will be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules, seated in Orange, New York, and conducted in English by a single arbitrator.
23.3. Class-Action Waiver. ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND SCUDIO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims without the consent of all parties.
23.4. Opt-Out. You may opt out of this arbitration provision by sending written notice to info@scudio.ai within thirty (30) days of first accepting this Agreement.
23.5. Jury Trial Waiver. To the extent any dispute proceeds in court rather than arbitration, you and Scudio waive any right to a jury trial to the maximum extent permitted by law.
23.6. Severability of Class Waiver. If the class-action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration, unless otherwise required by law.
24. Injunctive Relief
You acknowledge that unauthorized use, copying, disclosure, reverse engineering, tampering, circumvention, bypassing, interference with, or misuse of the Software, Scudio intellectual property, confidential information, security systems, or technical protection measures may cause irreparable harm to Scudio for which monetary damages may be inadequate. Scudio may seek injunctive or equitable relief without posting bond, in addition to any other remedies available.
25. Changes to This Agreement
Scudio may modify this Agreement from time to time. Material changes will be communicated by reasonable means, which may include in-product notice, email, account portal notice, website posting, Distribution Partner notice, or posting an updated version with a new Effective Date. Your continued use of the Software after changes take effect constitutes acceptance of the updated Agreement. If you do not agree to the changes, you must stop using the Software.
26. App Store and Platform Terms
If you obtain the Software through an app store, marketplace, platform provider, operating system provider, or device manufacturer, that third party may impose additional terms. This Agreement is between you and Scudio, not the app store or platform provider, unless otherwise required by applicable platform terms. The app store or platform provider is not responsible for the Software, support, warranties, claims, or disputes, except as required by its own terms or applicable law.
27. General Provisions
27.1. Entire Agreement. This Agreement, together with any applicable Subscription, order form, invoice, Privacy Policy, Documentation, Partner Terms, and other terms incorporated by reference, constitutes the entire agreement between you and Scudio regarding the Software and supersedes all prior or contemporaneous understandings regarding the Software.
27.2. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
27.3. No Waiver. No failure or delay in exercising any right operates as a waiver. No waiver is effective unless in writing and signed by the party granting the waiver.
27.4. Assignment. You may not assign or transfer this Agreement or your rights or obligations without Scudio's prior written consent. Any attempted assignment without consent is void. Scudio may assign or transfer this Agreement without restriction, including to an affiliate or in connection with a merger, acquisition, financing, reorganization, change of control, sale of assets, or transfer of the Software.
27.5. Relationship of the Parties. Nothing in this Agreement creates a partnership, joint venture, employment, fiduciary, franchise, or agency relationship between you and Scudio.
27.6. Force Majeure. Scudio is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, epidemics, pandemics, power failures, internet failures, hosting failures, cloud-provider failures, cyberattacks, denial-of-service attacks, governmental actions, legal restrictions, supply-chain issues, app-store actions, operating-system changes, platform restrictions, or third-party service failures.
27.7. Notices. Notices to Scudio must be sent to info@scudio.ai. Scudio may provide notices to you electronically, including by email, in-product notice, account portal notice, website posting, Distribution Partner notice, or to the contact information associated with your account.
27.8. Electronic Acceptance. You agree that your electronic acceptance of this Agreement has the same legal effect as a handwritten signature.
27.9. Headings. Headings are for convenience only and do not affect interpretation.
28. Contact Information
Scudio LLC, also doing business as Emunet https://emunet.com/ info@emunet.com
By installing, accessing, enabling, activating, configuring, or using the Software, you acknowledge that you have read, understood, and agree to this End User License Agreement.