Terms of service
The agreement between us and the organisation using Spectre. Each clause has a plain-English line beside it — where the two ever disagree, treat the plain-English one as what we meant.
Digital Spectre is not a real company. This site is a design and engineering showcase. There is no product, no service and no customers — the company, the people quoted, the metrics and the customer figures throughout the site are invented for demonstration. Nothing here is an offer, no data is collected from you, and the notice below describes how a company of this kind would handle your data rather than how anyone actually does.
This page is a draft and is not yet in force. It is published so you can see the shape of the agreement while the final wording is with our legal advisers. We will update this page once it is finalised. Until then it does not govern any contract between us — if you are evaluating Spectre and need the terms settled first, tell us and we will get them to you.
This agreement
Signing an order form, or using the service, means these terms apply.
These terms govern use of the Digital Spectre platform and any professional services we provide. They apply from the date you sign an order form or first use the service, whichever is earlier.
Where we have signed a separate written agreement with you, that agreement takes precedence over anything here that conflicts with it.
The service
We run the console and keep it working. The enforcement layer runs in your cloud.
We provide access to the Spectre platform as described in your order form: trace capture, risk scoring, policy enforcement and audit retention, at the tier you have subscribed to.
The enforcement layer is deployed into infrastructure you control. You are responsible for that infrastructure; we are responsible for the software we supply to run on it and for the control plane we operate.
Your account
Keep credentials safe, keep your admin list current, and you are responsible for your users.
You are responsible for the security of your account credentials, for keeping your administrator contacts current, and for the acts and omissions of anyone you grant access to.
Tell us promptly if you believe an account has been compromised. Console seats are unlimited on every tier, so there is never a commercial reason to share a login.
Acceptable use
Don’t use it to break the law, break the service, or watch people who haven’t been told.
You agree not to use the service to violate any law, infringe anyone’s rights, attempt to gain unauthorised access to our systems or another customer’s data, or interfere with the operation of the platform.
Spectre supervises software. You agree not to configure it to monitor identified individuals in a way that would be unlawful in their jurisdiction, or without whatever notice and consent local law requires.
Fees and billing
Billed per agent under enforcement, annually in advance. Prices change with notice.
Fees are set out in your order form and are based on the number of agents under enforcement during the billing period. Invoices are payable within 30 days unless agreed otherwise.
We may change list pricing on renewal with at least 60 days’ written notice. Your rate is fixed for the duration of any committed term. Fees exclude taxes, which are your responsibility where applicable.
Your data
Yours. We process it under your instruction and never train on it.
You retain all rights in the data you and your agents generate. You grant us only the limited licence needed to provide the service to you.
We will not use your data to train models, improve our product, benchmark other customers, or for any purpose you have not agreed to in writing. Our data processing agreement governs how we handle personal data on your behalf.
Our intellectual property
The platform stays ours. Anything we build for you under a statement of work is yours.
We retain ownership of the Spectre platform, its documentation and any improvements to it. Nothing in these terms transfers that ownership to you.
Where we build agents or configuration for you under a statement of work, ownership of that work product passes to you on payment, as set out in that statement of work.
Confidentiality
Neither side repeats the other’s private information.
Each party will keep the other’s confidential information in confidence, use it only to perform this agreement, and protect it with at least the care it applies to its own. These obligations survive termination.
They do not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law — in which case the disclosing party will be told where legally possible.
Availability and support
We publish a target and measure ourselves against it, maintenance included.
We target 99.98% availability on the enforcement path, measured over a rolling twelve months with scheduled maintenance included rather than excluded. Where your order form includes a service level agreement, that document sets out the remedies.
Support channels and response targets are as stated in your order form. Degradation behaviour — whether gated calls fail open or fail closed — is configured by you, per rule.
Warranties
We warrant we’ll perform properly. We don’t warrant the service is perfect.
We warrant that we will provide the service with reasonable skill and care and in accordance with the documentation. If we fail to, we will correct it at no cost to you.
Beyond that, the service is provided as is. We do not warrant that it will be uninterrupted or error-free, and Spectre does not guarantee that every risky agent action will be detected or prevented. It is a control, not a guarantee.
Limitation of liability
Capped at what you paid us in the previous year, with the usual carve-outs.
Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, however arising.
Each party’s total aggregate liability is limited to the fees paid or payable in the twelve months before the claim arose. Nothing limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot lawfully be limited.
Term and termination
Either side can leave. Your agents keep running and you keep your trail.
The agreement runs for the term in your order form and renews unless either party gives notice before the renewal date. Either party may terminate for material breach that is not remedied within 30 days of written notice.
On termination, enforcement stops but your agents continue to run — we will not hold your production hostage over an invoice. You retain full console access for 90 days, then receive a final export of the complete trail. The hash chain remains independently verifiable afterwards.
Changes to these terms
Material changes come with notice, not a silently updated date.
We may update these terms to reflect changes to the service or the law. We will post changes here and update the date above. Where a change materially reduces your rights, we will give account holders at least 30 days’ written notice before it takes effect.
Governing law
To be set by legal, along with where disputes are heard.
Governing law and jurisdiction to be inserted following legal review. Before either party begins proceedings, both agree to escalate the dispute to a senior representative and attempt to resolve it in good faith for 30 days.