Product Terms of Use (Free & Beta Products)
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1. These Terms cover Aetos's free and beta services
These Terms of Use ("Terms") are an agreement between you and Aetos Data Consulting LLC ("Aetos," "we," or "us"). They apply to:
- the free TPS Risk Snapshot questionnaire and results offered on aetos-data.com (the "Snapshot");
- participation in every Aetos tabletop exercise or case study session, including the Talon Peak scenarios, whether the session is free or part of a paid engagement (the "Tabletop"); and
- any no-charge product or feature we label beta, preview, pilot, or trial ("Beta Features"),
together, the "Services." Paid services, including the full TPS Report and the Aerie client workspace, are covered by the Aetos Paid Terms of Use or an Engagement Agreement. A beta, preview, pilot, or trial supplied for a fee is governed by that paid agreement, including any expressly agreed evaluation limits.
2. You must expressly accept these Terms
You accept these Terms by checking the linked acceptance box before submitting the Snapshot, joining a Tabletop, or accessing a Beta Feature, or by signing an agreement that includes them. You can review and save the Terms and applicable Aetos Data Processing Agreement ("DPA") before accepting; we record the version and acceptance time. Acceptance does not authorize a charge. Tabletop participants accept for themselves, not their employers, and do not take on company fees or defense obligations. An authorized representative must accept for an organization, including the applicable DPA, before submitting its Snapshot or Beta Feature content. If you do not accept or lack that authority, do not submit or use the Service.
3. The Services are for adults acting on behalf of a business
You confirm that you are at least 18 years old, that you are using the Services for business or professional purposes, not personal, family, or household purposes, and that you are authorized to submit information about your organization.
4. A paid engagement agreement takes priority
Your organization may have a signed agreement with Aetos, such as a master services agreement, order, statement of work, or data processing agreement (an "Engagement Agreement"). These Terms do not replace, amend, or reduce that agreement. If there is a conflict, the Engagement Agreement controls for that engagement, including on confidentiality, data use, deliverables, retention, fees, warranties, remedies, and liability. A data processing agreement controls on personal data processing within its scope.
The free and beta disclaimers in these Terms do not make a paid engagement free or beta, and do not excuse services Aetos has promised. A participant does not become personally responsible for an organization's fees by accepting these Terms. Sections 8 through 10 govern participants' conduct and use of Aetos Materials, subject to rights granted in the Engagement Agreement. These Terms do not create a separate liability limit for a paid engagement or allow duplicate recovery against the organization and a participant for the same loss.
5. The Services are not offered in certain countries
We do not offer the Services in China, Pakistan, Iran, North Korea, Russia, Belarus, Cuba, or Syria, and you may not access them from those countries or on behalf of anyone located there. We also do not provide the Services in any other country or region where doing so is prohibited by applicable US sanctions or export controls. You also confirm that you are not a person with whom Aetos is prohibited from doing business under applicable US sanctions or export controls, including applicable ownership restrictions, and will not use the Services in violation of those rules.
6. The free Snapshot is indicative and based only on your answers
The Snapshot gives an indicative assessment based on your questionnaire answers, including risk bands, your top gap, and the frameworks that may apply. We do not verify your answers or examine your organization. You are responsible for the accuracy and completeness of your answers. The Snapshot does not use generative AI to produce its results.
Our scoring method, weights, thresholds, software, and templates are proprietary to Aetos. Receiving results does not give you access to, or any rights in, that method.
7. Tabletop scenarios are fictional and illustrative
Tabletop exercises are facilitated learning activities using fictional scenarios, roles, decisions, and outcomes. Fine bands, crisis levels, risk ratings, contract impacts, governance scores, and other consequences are illustrative. They do not predict enforcement, estimate actual losses, or make any legal determination. They are not an evaluation of any person's job performance. A scenario run for a paid engagement may deliberately draw on that organization's profile and circumstances for training. Otherwise, any resemblance to a real organization or person is coincidental.
Please follow facilitator instructions, keep your role card private when asked, and treat other participants with respect. Do not share session codes with anyone not invited to the session.
8. Aetos owns its methods, scenarios, and materials
Aetos and its licensors own the Services and their proprietary content, including the TPS questionnaire, scoring method, risk bands, templates, Tabletop scenarios, role cards, injects, facilitator materials, outcome report formats, software, text, graphics, and branding ("Aetos Materials"). Aetos Materials do not include information or materials you or your organization supply ("Your Content"), and incorporating Your Content in a report does not transfer ownership of it. We grant you a limited, non-exclusive, non-transferable permission to use the Services for their stated purpose while you comply with these Terms, subject to suspension or termination under Section 19.
You may keep, copy, and use your Snapshot results and any final Tabletop outcome report we provide for your organization's internal purposes, and share them with professional advisors bound to keep them confidential. This permission continues after access ends and is subject to any Engagement Agreement. Keep the attribution, limitations, and notices on them. You retain your rights in Your Content and authorize us to process it only to provide, secure, and administer the Services and for the specific uses stated in Sections 11 through 15 and any applicable DPA. We will use reasonable care to protect nonpublic organizational content you are authorized to submit, and disclose it only to personnel and providers who need it to perform those functions and are bound by confidentiality, or as legally required. We will notify you of compelled disclosure where legally permitted. All rights not expressly granted are reserved.
9. Scenario content and nonpublic methods are confidential
Tabletop scenarios, role cards, injects, decision options, scoring, outcome reports, facilitator materials, and any nonpublic method shown during a Tabletop or Beta Feature are Aetos confidential information, excluding Your Content. Nonpublic Beta Feature specifications, performance results, and release plans that we identify as confidential or that are reasonably understood to be confidential are also Aetos confidential information. Publicly announced beta participation is not confidential merely because the product is in beta. Except for the report use expressly permitted by Section 8 or an Engagement Agreement, use them only to take part, and do not record, photograph, screenshot, transcribe, broadcast, publish, or share them without our written permission. This restriction includes automated meeting recorders and AI transcription tools. Do not use them to run, build, or adapt any exercise, training, or product. Session screens may carry a personal watermark. You may apply what you learn to improve your organization's practices without reproducing or disclosing the protected materials.
This does not apply to information you can show was already lawfully known to you, becomes public without a breach, is independently developed, or is lawfully received without restriction. You may disclose information when the law requires it, after telling us first where the law allows. This obligation continues after your session ends.
10. Use the Services as intended
You agree not to:
- copy, scrape, crawl, or systematically extract the Services or their output, except for copying and use expressly permitted by Section 8 or an Engagement Agreement;
- reverse engineer, decompile, or attempt to derive the scoring method, weights, or band ranges, including by submitting repeated or systematically varied answers, except where the law prohibits this restriction;
- get around rate limits, access controls, geographic restrictions, or watermarks;
- use Aetos Materials to build, train, or supply a competing assessment or exercise product or service;
- upload Aetos Materials to an outside AI service or include them in an AI training dataset without our written permission;
- give false information, or submit answers for an organization you are not authorized to represent;
- enter identifying or sensitive information in exercise free-text fields unless the Aetos facilitator expressly authorizes the information and safeguards and records that authorization in the session record; other free-text submissions require Aetos's written approval. Requested business contact details may be entered in designated fields. Never enter protected health information, passwords, authentication secrets, or full payment card details in these Services;
- attempt to identify another participant from responses, roles, or results;
- harass, impersonate, or disrupt other participants or the facilitator; or
- introduce malicious code, probe or test security without our written permission, use the Services unlawfully, infringe others' rights, or interfere with their operation.
11. How we handle Snapshot information
We process Snapshot answers and results for your organization under the DPA. We separately use contact, account, security, and permitted marketing information for our own business purposes, as explained in the Privacy Notice. This includes any permitted use of Snapshot information to tailor follow-up. We store the details needed for those purposes and use a coded version of your IP address for rate limits and security. The Privacy Notice and DPA explain the providers and retention periods. Section 15 limits service improvement. If a submission was unauthorized, we restrict further use while obtaining authorized instructions or arranging deletion, subject to necessary legal or security retention.
You may request deletion at privacy@aetos-data.com. For organizational information, we follow authorized instructions and assist with individual rights requests under the DPA and applicable law. We delete Snapshot answers, results, report files, and the associated personal contact record from active systems within 30 calendar days of an authorized request and confirm completion. We seek any necessary verification promptly without extending a legal deadline. Limited legal, security, claims, and opt-out records may remain as explained in the Privacy Notice, but not for marketing. Protected backups expire under the disclosed schedule and are deleted again if restored. We also direct our processors to meet their deletion obligations. Deletion may prevent restoring results or preparing a later TPS Report. You may request deletion at any time; any shorter legal deadline controls.
12. Snapshot emails and how to stop them
When you submit the Snapshot, we email your requested results and may contact you as needed to respond to your request. Other promotional emails about other services and The Aerial View newsletter require your separate opt-in. Choosing not to receive marketing does not affect the free Service. Marketing emails include an unsubscribe link, or you can email privacy@aetos-data.com. We honor opt-outs promptly, within 10 business days or any shorter applicable legal deadline. Unsubscribing stops marketing, but not requested results or necessary service, security, or legal notices. It does not itself delete Snapshot information. We may retain a minimal suppression record solely to honor your choice.
13. How we handle Tabletop information
Participants join with a session code and nickname, not an email account. We record the Terms version and acceptance time. The live nickname and join token are deleted when the session ends and are not retained with exercise responses. Separate registration, engagement, or security records may contain contact or technical information as explained in the Privacy Notice. We manage free-session records for our own purposes and process paid-client exercise content under the DPA. We record or transcribe a session only if its arrangements permit it, participants receive advance notice of the purpose, recipients, and retention, and we obtain any legally required consent before recording starts. This includes automated meeting assistants and remains subject to the DPA and Privacy Notice.
We keep your team's choices, ratings, and written submissions, recorded by session, team, and role. In a small group, a team and role label may point to a single person, so these records are not anonymous to the people in the session. We report them to the facilitator and, for a session run under an Engagement Agreement, to that organization as part of the agreed deliverables. Outside the session or engagement, we use results only when combined across sessions and with identifying details removed, to evaluate and improve our exercises. We do not attempt to identify individuals from those results.
We may need the session, team, and role to locate your contribution for a deletion request. We handle requests under the Engagement Agreement, Privacy Notice, and applicable law. Unless the Engagement Agreement says otherwise, we delete personalized session records and the uploaded client profile from active systems 90 days after the engagement closes, subject to required legal retention. Backups follow the disclosed schedule. We disclose free-session retention before participation. Any aggregated information we retain must meet Section 15.
14. Beta Features may change or end
Beta Features are offered for evaluation and may be incomplete, inaccurate, unavailable, changed, or discontinued. Please do not rely on them as your only record, as a production control, or as the basis for an important decision. We promise no future feature, launch date, continued free access, or support level unless agreed in writing. We may delete Beta Feature content when evaluation access ends. Where reasonably practical, we will give at least 14 calendar days' notice before deleting Your Content or disabling its export so you can keep a copy. We may act sooner where needed for security or legal reasons. Applicable DPA duties and any agreed retention or export rights continue to apply.
Protect Beta Feature passwords, authentication and recovery codes, and invitation links. Do not share them; tell us promptly about suspected unauthorized access. Use test or de-identified data unless we approve other data and safeguards in writing, subject to Section 10. Before collection, the feature notice explains its data use, providers, and retention. Organizational processing requires the applicable DPA. We identify any AI provider and explain its processing before you submit content. The Snapshot and Tabletop do not use generative AI to produce results or outcome reports. New AI functionality requires the applicable notice and acceptance before use.
15. Feedback and de-identified data help us improve
You grant Aetos a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use, modify, and otherwise exploit suggestions and feedback you choose to give us about the Services, for any purpose, without payment or other obligation to you. Feedback does not include your questionnaire answers, exercise responses, uploads, personal information, or your organization's confidential information just because you submit them through the Services.
We may use de-identified, aggregated information from the Services to improve our methods, scenarios, and products, but only if it does not identify you, your organization, or any other person, and does not disclose confidential information. Removing names alone is not enough. We will not attempt to re-identify anyone, will maintain reasonable measures against re-identification, and will require any recipient of that information to do the same. We do not use Your Content to train general-purpose AI models or authorize providers to do so. These permissions do not override an Engagement Agreement, the DPA, our Privacy Notice, or applicable law.
16. The Services provide information, not advice, and come without warranties
Aetos Data Consulting LLC is a consulting firm, not a law firm. The Services are not legal advice, do not create an attorney-client relationship, and are not an audit, attestation, or certification. Any separate legal engagement is governed by its own terms and applicable professional obligations. The Services do not guarantee compliance, security, insurability, regulatory approval, or any commercial outcome. You remain responsible for your decisions and for getting professional advice suited to your circumstances.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING BETA FEATURES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED ACCESS OR THAT RESULTS WILL BE COMPLETE, CURRENT, OR ERROR-FREE. These disclaimers do not override our express commitments in these Terms, including the deletion commitment in Section 11.
17. Aetos's liability is limited
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 4, AETOS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICES. AETOS'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO SERVICES PROVIDED WITHOUT CHARGE WILL NOT EXCEED US $100. These limits apply whatever the legal theory of the claim. They do not apply to fraud, willful misconduct, gross negligence, reckless misconduct, or liability the law does not allow to be limited. For a Tabletop run under an Engagement Agreement, that agreement's liability terms control.
18. You are responsible for misuse
If you are an organization that accepted these Terms through an authorized representative, you will defend Aetos against a third-party claim arising from your breach of Sections 9 or 10 or from information you submitted without the right to do so, and pay damages and costs finally awarded against Aetos or agreed in a settlement authorized under this section, plus reasonable defense attorneys' fees. This defense and indemnity obligation applies to the organization, not an individual participant merely joining a session. Individuals remain responsible under applicable law for their own wrongful conduct, but do not promise to fund Aetos's defense or answer for other participants.
Aetos will notify you of the claim promptly in writing; late notice reduces your obligation only to the extent it materially harms the defense. You may control the defense with qualified counsel reasonably acceptable to Aetos. Aetos will cooperate at your expense and may take part with its own counsel at its own expense, except that you will cover reasonable separate counsel costs caused by an actual conflict of interest. You may not settle a claim in a way that admits fault for Aetos, places a non-monetary obligation on Aetos, or fails to fully release Aetos, without Aetos's written consent, which will not be unreasonably withheld. If you do not take over the defense promptly after notice, Aetos may defend the claim and recover its reasonable costs.
This obligation does not cover a claim to the extent caused by Aetos's breach of these Terms, negligence, or willful misconduct. If an Engagement Agreement allocates responsibility for the same claim, that allocation controls, and Aetos will not recover twice for the same loss.
19. Access can be suspended or ended
We may restrict or suspend access as reasonably needed to address misuse, a security threat, unlawful activity, or a breach of these Terms. We may end free or beta access or discontinue a Service. Where practical, we will give advance notice and a reasonable chance to download Your Content and any results you are entitled to retain. We may limit that opportunity where necessary for security or legal reasons. Ending access does not extinguish licenses already granted for delivered reports, confidentiality duties, or obligations under the DPA or an Engagement Agreement.
You may stop using the Services at any time. Ending access does not cancel a pending deletion request. Sections 4, 8 through 13, and 15 through 22 continue to apply after access ends, to the extent needed to give them effect.
20. These Terms may be updated
We may update these Terms for future uses by posting a new version and effective date. Material changes require acceptance at the next Snapshot or Tabletop entry, or agreement by email or another recorded method for ongoing Beta access. We will give ongoing Beta users at least 30 days' notice of proposed material changes. If you do not agree, we may end future free access under Section 19; until then, the existing terms apply. Updates do not change completed purchases, rights in previously submitted content, or an Engagement Agreement without the required agreement. An authorized representative must agree for an organization. Existing confidentiality, data protection, and retained-report rights continue.
21. Delaware law applies
Except where an Engagement Agreement controls, these Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules. Any dispute relating to these Terms or the Services will be heard only in the state courts of Delaware or, where federal jurisdiction exists, the United States District Court for the District of Delaware, and both parties consent to those courts. Before filing a lawsuit, each party will give written notice describing the dispute and allow 30 calendar days to seek an informal resolution. A party may act sooner for urgent relief or to preserve a claim before a filing deadline. This process does not extend filing deadlines or restrict regulatory complaints or rights the law does not allow the parties to limit.
22. General terms
These Terms, any applicable DPA, and any Engagement Agreement are the entire agreement about the Services, subject to Section 4. The Privacy Notice explains our processing; it is not consent to unrelated processing or a power to amend this contract. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of the related business to a successor that assumes our obligations. Neither party may use an assignment to expand permitted data use. There are no third-party beneficiaries except as expressly provided in the DPA or required by law. Nothing limits an individual's mandatory data protection rights or a regulator's powers. Legal notices must be sent to the contact email in Section 23 or the contact you provide, and are received when delivered without an automated failure notice. Electronic acceptance and signatures may form a binding agreement.
23. Contact
Aetos Data Consulting LLC, 8 The Green, Suite B, Dover, DE 19910.
Privacy and deletion requests: privacy@aetos-data.com.
Other questions about these Terms: hello@aetos-data.com.
