Last updated September 14, 2026
This End User License Agreement (this "Agreement" or "EULA") is a legal contract between Divert, LLC ("Divert") and the entity or person that purchases a subscription to, or accesses or uses, the Divert Preemptive Cyber Defense Platform ("Customer"). By clicking "I agree," by signing an Order that references this Agreement, or by accessing or using the Services, Customer agrees to this Agreement, and the individual doing so represents that they have authority to bind Customer. If Customer and Divert have signed a separate written agreement for the Services, that agreement governs instead of this EULA.
1. DEFINITIONS
"Authorized Users" means Customer's employees and contractors who use the Services on Customer's behalf.
"Customer Assets" means the domains, DNS zones, IP address space, networks, and systems that Customer owns, controls, or is expressly authorized by their owner to protect.
"Customer Data" means configuration settings, asset information, and other information Customer submits to the Services.
"Documentation" means Divert's then-current published user guides and technical documentation for the Services.
"Order" means the quote, order form, or online purchase confirmation, issued by Divert or a Reseller, that identifies the Services, usage limits (such as the number of Diversions and Domains), Subscription Term, and fees.
"Reseller" means a partner authorized by Divert to resell subscriptions to the Services.
"Services" means the Divert Preemptive Cyber Defense Platform, including its decoy infrastructure, software, dashboards, APIs, reports, Documentation, and support, as described in the Order.
"Subscription Term" means the subscription period stated in the Order, including any renewals.
"Telemetry" means data generated by the Services' interactions with third parties, such as source IP addresses, requests and responses, reconnaissance activity, and recorded sessions on decoys, together with usage and performance data about the Services.
2. SUBSCRIPTION AND USE RIGHTS
2.1 Right to use. Subject to this Agreement, Divert grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Subscription Term, within the usage limits in the Order, for Customer's internal security operations. The Services are provided on a subscription basis and are licensed, not sold.
2.2 Authorized Users. Customer may permit Authorized Users to use the Services on its behalf and is responsible for their compliance with this Agreement and for all activity under Customer's accounts. Customer will keep credentials confidential and will promptly notify Divert of any unauthorized access.
2.3 Deployment and support. Customer will deploy the Services in accordance with the Documentation, including any required DNS records or zone delegations. Divert will provide standard technical support as described in the Documentation.
3. CUSTOMER ASSETS AND NATURE OF THE SERVICES
3.1 Authorized assets only. Customer will deploy the Services only on Customer Assets. Customer represents that, for each asset it onboards, it has all rights and authority needed to deploy the Services, including authority to create DNS records and delegate zones. Decoys deployed for Customer will impersonate only Customer's own assets and brand. If Customer loses authority over an asset, it will promptly remove that asset from the Services.
3.2 How the Services work. The Services use decoy infrastructure to attract, detect, and record reconnaissance and unauthorized access attempts directed at Customer Assets, and report that activity to Customer. Customer acknowledges that the Services are designed to interact with malicious actors, that Divert does not control those actors, and that Customer is solely responsible for its own security decisions and for any actions it takes in response to information the Services provide.
3.3 AI-assisted features. Certain features generate summaries and recommendations using third-party AI services that process anonymized Telemetry only. Those outputs are decision support for Customer's review and are not a substitute for Customer's judgment.
4. USE RESTRICTIONS
Customer will not, and will not permit any Authorized User or third party to:
(a) use the Services, any decoy, or any Telemetry to attack, probe, exploit, retaliate against, or gain unauthorized access to any third-party system, or to interfere with any third party;
(b) deploy or configure decoys that impersonate a third party's brand, domain, or systems, or use the Services to deceive anyone other than actors probing Customer Assets;
(c) scan, test, or attempt to map or identify Divert's infrastructure, decoy fleet, or detection methods beyond Customer's own deployment, or perform penetration, vulnerability, or load testing of the Services without Divert's prior written authorization;
(d) copy, modify, decompile, reverse engineer, or create derivative works of the Services or Documentation;
(e) circumvent license keys, usage limits, or security or access controls;
(f) resell, sublicense, share, or provide access to the Services to any third party, or use the Services to provide services to third parties without Divert's prior written consent;
(g) use the Services to build a competing product, or benchmark the Services or publish performance comparisons without Divert's prior written consent;
(h) submit personal data, protected health information, payment card data, or other regulated data to the Services, which are not designed to store it;
(i) use the Services in violation of applicable law, including export control, sanctions, computer misuse, and privacy laws; or
(j) remove or obscure any proprietary notice or branding.
If Customer discovers a security vulnerability in the Services, it will promptly report it to info@divert.cloud and will not disclose it publicly until Divert has remediated it.
5. PURCHASES THROUGH RESELLERS
If Customer purchases its subscription through a Reseller:
(a) this Agreement governs Customer's use of the Services regardless of where the subscription was purchased;
(b) fees, invoicing, payment terms, and refunds are solely between Customer and the Reseller, and Divert has no obligation to refund amounts paid to a Reseller;
(c) the Reseller is not authorized to make commitments on Divert's behalf, and Divert is not bound by any warranty, service level, or other term in Customer's agreement with the Reseller;
(d) Divert may suspend or terminate the Services if the Reseller fails to pay Divert for Customer's subscription; where practicable Divert will notify Customer first and offer to continue the subscription directly or through another Reseller;
(e) Divert may communicate directly with Customer about the Services, including support, security notices, service changes, and renewals; and
(f) if the Reseller's relationship with Divert ends, Divert may continue to provide the Services to Customer directly or through another Reseller for the remainder of the Subscription Term.
6. FEES FOR DIRECT PURCHASES
If Customer purchases directly from Divert, Customer will pay the fees in the Order. Unless the Order states otherwise, fees are invoiced annually in advance and are due within 30 days after the invoice date, in U.S. dollars. Fees exclude taxes, and Customer is responsible for all sales, use, and similar taxes other than taxes on Divert's income. Overdue amounts accrue interest at 1.5% per month or the maximum rate permitted by law, if less, and Divert may suspend the Services if an amount is more than 10 days overdue after written notice. Except as expressly stated in this Agreement, fees are non-refundable.
7. TERM, SUSPENSION, AND TERMINATION
7.1 Term. This Agreement begins when Customer accepts it and continues for the Subscription Term. The subscription renews as stated in the Order; renewals of subscriptions purchased through a Reseller are placed through the Reseller unless Divert and Customer agree otherwise. This Agreement ends when the Subscription Term expires or is terminated.
7.2 Suspension. Divert may suspend Customer's access to all or part of the Services if (a) Customer breaches Section 3 or 4; (b) Customer's use presents a security or legal risk to the Services, Divert, or any third party; or (c) fees for Customer's subscription are overdue (whether owed by Customer or a Reseller). Divert will limit a suspension to what is reasonably necessary, will give notice where practicable, and will restore access promptly once the issue is resolved.
7.3 Termination. Either party may terminate this Agreement if the other party materially breaches it and does not cure the breach within 30 days after written notice. Divert may terminate immediately on written notice if Customer breaches Section 3 or 4. Divert may also discontinue the Services on at least 90 days' notice, in which case Divert will refund any prepaid fees for the unused portion of the Subscription Term to whoever paid Divert.
7.4 Effect of termination. On expiration or termination, Customer's right to use the Services ends, Customer will stop using the Services and remove any Divert software and DNS records, and Customer will destroy any Documentation in its possession. On request made within 30 days after termination, Divert will make Customer's reports available for export. Sections 3.2, 4, 5(b) and (c), 8, 9, 10, 11.2, 12, 13, and 14, and any payment obligations that accrued before termination, survive.
8. TELEMETRY AND DATA
8.1 Telemetry. Divert owns all Telemetry and may use it to provide, secure, and improve the Services, to develop threat intelligence, and to share it in aggregated or de-identified form. Divert will not disclose Telemetry that identifies Customer to third parties except to Customer's Reseller if Customer authorizes it, to Divert's service providers who are bound by confidentiality obligations, or as required by law.
8.2 Customer Data. Customer owns Customer Data and grants Divert the right to use it to provide and support the Services. Divert will not sell Customer Data.
8.3 Personal data. The Services are designed to collect Telemetry about actors probing Customer Assets, not to process Customer's personal data. Other than business contact information for Authorized Users, Customer will not submit personal data to the Services. Divert handles business contact information in accordance with its privacy policy at https://divert.cloud/legal/privacy-policy.
8.4 Security. Divert maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the Services and Customer Data. Customer remains responsible for the security of its own networks, systems, and credentials.
9. INTELLECTUAL PROPERTY
Divert and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Services, the Documentation, the Telemetry, Divert's names and logos, and all improvements and derivative works of any of them. Except for the rights expressly granted in this Agreement, Divert grants no rights, by implication, estoppel, or otherwise. If Customer provides suggestions or feedback, Divert may use it without restriction or obligation.
10. CONFIDENTIALITY
Each party will protect the other's non-public information disclosed in connection with this Agreement with at least reasonable care, will use it only for purposes of this Agreement, and will disclose it only to personnel and advisors who need to know it and are bound by confidentiality obligations. Divert's confidential information includes non-public details of its decoy infrastructure, detection methods, and pricing; Customer's confidential information includes Customer Data and reports about Customer's specific deployment. These obligations do not apply to information that is or becomes public through no fault of the recipient, was rightfully known to or received by the recipient without restriction, or was independently developed, and they permit disclosures required by law if the recipient gives prompt notice where legally permitted. These obligations continue for three years after this Agreement ends, and for trade secrets for as long as they remain trade secrets.
11. WARRANTIES AND DISCLAIMERS
11.1 Limited warranty. Divert warrants that during the Subscription Term the Services will perform materially in accordance with the Documentation. If they do not, Customer's exclusive remedy and Divert's entire obligation is for Divert to use reasonable efforts to correct the non-conformity and, if Divert cannot do so within a reasonable time, either party may terminate the affected subscription and Divert will refund any prepaid fees for the unused portion of the Subscription Term to whoever paid Divert. This warranty does not apply to problems caused by Customer's configuration, systems, or misuse, or by third parties.
11.2 Disclaimer. EXCEPT AS STATED IN SECTION 11.1, THE SERVICES ARE PROVIDED "AS IS," AND DIVERT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DIVERT DOES NOT WARRANT THAT THE SERVICES WILL DETECT, PREVENT, OR BLOCK EVERY ATTACK, RECONNAISSANCE ACTIVITY, OR SECURITY THREAT, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES ARE ONE COMPONENT OF A SECURITY PROGRAM AND ARE NOT A SUBSTITUTE FOR CUSTOMER'S OWN SECURITY CONTROLS. DIVERT IS NOT RESPONSIBLE FOR THE ACTIONS OF ATTACKERS, THIRD-PARTY SYSTEMS, CUSTOMER'S CONFIGURATION, OR ACTIONS CUSTOMER TAKES IN RESPONSE TO INFORMATION THE SERVICES PROVIDE.
12. INDEMNIFICATION
12.1 By Divert. Divert will defend Customer against any third-party claim alleging that the Services, as provided by Divert and used in accordance with this Agreement, infringe a United States patent, copyright, or trademark or misappropriate a trade secret, and will pay any resulting damages, costs, and expenses (including reasonable attorneys' fees) finally awarded or agreed in settlement. Divert has no obligation for claims arising from modifications not made by Divert, combinations with items not provided by Divert, use after Divert has notified Customer to stop, or Customer's breach of this Agreement. If the Services are, or Divert believes they are likely to be, the subject of an infringement claim, Divert may modify or replace them, obtain a license, or terminate the affected subscription and refund any prepaid fees for the unused portion of the Subscription Term to whoever paid Divert. This Section states Divert's entire liability, and Customer's exclusive remedy, for infringement claims.
12.2 By Customer. Customer will defend Divert and its affiliates, and their officers, directors, employees, and agents, against any third-party claim, and will pay any resulting damages, costs, and expenses (including reasonable attorneys' fees) finally awarded or agreed in settlement, to the extent the claim arises from (a) Customer's deployment of the Services on assets it was not authorized to protect; (b) Customer's breach of Section 4; (c) actions Customer takes against any third party in response to information the Services provide; or (d) Customer Data.
12.3 Procedure. The indemnified party will give the indemnifying party prompt written notice of the claim (failure to do so relieves the indemnifying party only to the extent it is prejudiced), sole control of the defense and settlement (provided that no settlement may impose a monetary obligation or admission of fault on the indemnified party without its written consent, not to be unreasonably withheld), and reasonable cooperation at the indemnifying party's expense. The indemnified party may participate with its own counsel at its own expense.
13. LIMITATION OF LIABILITY
13.1 Exclusion of certain damages. EXCEPT FOR THE EXCLUDED CLAIMS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, OR DATA, ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap. EXCEPT FOR THE EXCLUDED CLAIMS, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID TO DIVERT FOR CUSTOMER'S SUBSCRIPTION, WHETHER BY CUSTOMER OR BY A RESELLER, IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
13.3 Excluded Claims. "Excluded Claims" means (a) Customer's payment obligations; (b) either party's indemnification obligations under Section 12; (c) Customer's breach of Section 3, 4, or 9; (d) breach of Section 10; and (e) a party's gross negligence, fraud, or willful misconduct.
13.4 Basis of the bargain. These limitations are an essential basis of the bargain and apply even if a remedy fails of its essential purpose.
14. GENERAL
14.1 Governing law; venue. This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The state and federal courts located in Sheridan, Wyoming have exclusive jurisdiction over any dispute arising out of or related to this Agreement, and each party consents to that jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL.
14.2 Updates to this Agreement. Divert may update this Agreement by posting the updated version at https://divert.cloud/legal/eula and updating the "Last updated" date. Updates take effect at the start of Customer's next Subscription Term, except that changes required by law or that do not materially reduce Customer's rights take effect 30 days after posting. Continued use of the Services after an update takes effect constitutes acceptance.
14.3 Assignment. Customer may not assign or transfer this Agreement without Divert's prior written consent, except to a successor in a merger or acquisition that assumes all of Customer's obligations. Divert may assign this Agreement to an affiliate or to a successor in a merger, acquisition, or sale of all or substantially all of the assets to which it relates.
14.4 Notices. Notices to Divert must be sent by email to info@divert.cloud. Notices to Customer may be sent to the email address associated with Customer's account or stated in the Order. Notices are effective when sent by email, unless the sender receives a delivery failure.
14.5 Export and government use. The Services are subject to U.S. export control and sanctions laws, and Customer will not use or provide them in violation of those laws. The Services are commercial computer software; if acquired by or for a U.S. government entity, they are provided with only those rights granted to all other customers under this Agreement.
14.6 Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, internet or utility failures, and denial-of-service attacks.
14.7 Entire agreement; precedence. This Agreement, together with the Order, is the entire agreement between Customer and Divert about the Services and supersedes all prior agreements and understandings about them. If there is a conflict, a separately signed agreement between Customer and Divert controls over this Agreement, and this Agreement controls over the Order, except that the Order controls as to the Services, usage limits, Subscription Term, and fees. Terms in Customer's purchase order or in Customer's agreement with a Reseller do not bind Divert.
14.8 Other terms. The parties are independent contractors. A waiver must be in writing and applies only to the specific instance. If any provision is unenforceable, it will be modified to the minimum extent necessary and the rest of the Agreement remains in effect. "Including" means "including without limitation." This Agreement may be accepted electronically and signed in counterparts.