HenKaiPan Terms of Service

Effective date: August 25, 2026 · Governing law: Argentine Republic

Draft for review. These terms are prepared as a working draft against the Dyallab brand entity. The contracting legal entity, its registration number (CUIT), address, and exact corporate name must be confirmed and inserted (marked [legal entity]) before these terms are offered to customers. Since the controlling party is an individual at the time of drafting, incorporating the advised SAS entity before signing is strongly recommended to avoid personal liability.

1. Parties and service

These Terms of Service ("Terms") govern the use of the HenKaiPan Cloud and HenKaiPan Enterprise managed services ("the Service") provided by [Dyallab — legal entity to confirm, CUIT, address] ("we", "us", "Provider") to the customer ("Customer", "you"). By placing an order for the Service or using a free trial, Customer agrees to these Terms.

The Service is an Application Security Posture Management (ASPM) platform that orchestrates security scanners, correlates findings, provides AI-assisted remediation, and tracks vulnerability posture. Customer data processed on its behalf is governed by the HenKaiPan Privacy Policy and the Data Processing Agreement (DPA) annexed to your order.

This Service is offered in two paid tiers: Cloud (a dedicated instance per Customer, 99% uptime SLA) and Enterprise (dedicated infrastructure, SSO/SAML, 99.99% uptime SLA, custom terms). Availability and remedies for each tier are set out in the Service Level Agreement.

2. Accounts and eligibility

Customer must provide accurate account information (the account email and billing contact are controlled by Provider). Customer is responsible for all activity under its account and for safeguarding credentials. SSO/SCIM provisioning for Enterprise is configured during onboarding. Customer must be a legal entity or an individual with authority to bind it.

3. Fees, billing and overage

Cloud base fee: USD 100/month (see current pricing), invoiced monthly in advance.
Overage: usage above the included base is invoiced at USD 5 per additional user/month, USD 0.50 per additional project/month, and USD 1 per AI scan/month. Overage is measured for each calendar month and added to the following monthly invoice with a usage detail line.
Taxes: fees exclude taxes. For services exported, Provider may issue an electronic invoice (Factura E) as applicable under Argentine tax law.
Payment terms: invoices are due within the period stated on the invoice (net 15 days). Late payments may be charged interest at the applicable legal rate in Argentina. Unpaid amounts may suspend the Service after notice.
Enterprise: pricing, overage, and payment for Enterprise are set out in the individual contract and prevail over this section.

4. Service Levels

The Service is provided subject to the Service Level Agreement, which forms part of these Terms. Cloud: 99% monthly uptime. Enterprise: 99.99% monthly uptime. Service credits, measurement methodology, and exclusions are detailed in the SLA.

5. Customer data and intellectual property

Customer data: Customer retains all rights in the data it uploads, scans, or configures through the Service. Provider processes such data solely to provide the Service, in accordance with the Privacy Policy and the DPA.
Provider intellectual property: The Service, its software, documentation, and any derivative works are owned by Provider and its licensors. Nothing grants Customer any right in Provider's software beyond the right to use the Service.
Aggregate/telemetry data: Provider may collect anonymous, aggregate telemetry (such as counts and the installation instance_id) to operate and improve the Service, as detailed in the Privacy Policy.

6. Acceptable use

Customer may not, and may not permit others to:

resell, sublicense, or provide the Service to third parties except as authorized;
reverse engineer, decompile, or attempt to derive the source code of the Service;
use the Service to violate any law, including unauthorized scanning or data access;
probe, scan, or test the Service infrastructure beyond the intended functionality;
disrupt, overload, or interfere with the Service or other customers' instances.

7. Support

Cloud support is provided via email at henkaipan@dyallab.com.ar during business hours (Monday–Friday, 09:00–18:00, Argentina time). Severity levels, response times, and Enterprise support are defined in the SLA.

8. Suspension and termination

By Customer: Customer may cancel the Service with notice as set out in the order (30 days). Paid fees are non-refundable except as provided by the SLA service credits.
By Provider: Provider may suspend the Service for non-payment, breach, or prohibited use (with notice where practicable), and may terminate for material breach not cured within the notice period.
Data on termination: upon termination, Customer may export its data during the exit window (see section 9). After that, Customer data is deleted in accordance with the DPA, and a destruction certificate is available on request (Enterprise).

9. Data export and offboarding

Customer may export its data at any time through the Service export features and, for Customer-controlled personal data, the data portability endpoint under the Privacy Policy. On termination, Provider offers a data export window (30 days) followed by instance teardown and, on request, a destruction certificate.

10. Confidentiality

Each party agrees to protect the other's confidential information disclosed in connection with the Service, to use it only for the purpose of these Terms, and to return or destroy it upon request or termination. This obligation survives termination.

11. Warranty and disclaimer

The Service is provided "as is" and "as available", except for the specific uptime commitments in the SLA and any statutorily required warranties under Argentine law. Except as expressly stated, Provider makes no other warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. Security findings generated by the Service are informational and do not constitute a legal opinion or a guarantee of the absence of vulnerabilities.

12. Limitation of liability

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.
Each party's aggregate liability under these Terms is limited to the fees Customer paid to Provider in the three (3) months preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under Argentine law, including fraud, willful misconduct, or gross negligence.

13. Governing law and dispute resolution

These Terms are governed by the laws of the Argentine Republic. Any dispute arising out of or in connection with these Terms is submitted to the exclusive jurisdiction of the ordinary courts of the City of Buenos Aires, Argentina. [Optional: either party may opt for arbitration under the rules of a named institution].

14. Changes to these terms

Provider may update these Terms from time to time. Material changes will be notified to Customer with reasonable notice (30 days) before taking effect, and continued use of the Service after the effective date constitutes acceptance.

15. Contact

For questions about these Terms, contact henkaipan@dyallab.com.ar. Provider: [legal entity, CUIT, registered address].