1. Acceptance of Terms
By creating an account, accessing, or using any Bynaus product, application, or service (collectively, the
“Services”), you (“Customer” or “you”) agree to be bound by this Master Services Agreement
(“Agreement”) between you and Bynaus, Inc., a Nevada corporation (“Bynaus,” “we,”
or
“us”). If you do not agree, do not create an account or use the Services.
2. Definitions
Affiliate means any entity that controls, is controlled by, or is under common control with
a
party.
Customer Data means all electronic data, content, and materials input, uploaded, or
transmitted by
Customer or its Users to the Services.
Personal Data means any information relating to an identified or identifiable person
processed
under this Agreement.
Subprocessor means any third party engaged by Bynaus to Process Personal Data on behalf of
Customer.
3. Access and Use
Bynaus grants Customer a non-exclusive, non-transferable, limited right to access and use the Services for
internal
business purposes, subject to this Agreement.
4. Data and Privacy
Customer retains ownership of all Customer Data. Bynaus acts as processor and will process Customer Data in
accordance with Exhibit A (DPA) and the Privacy Policy.
5. Fees and Payment
Fees are payable as shown in your order form or subscription. Overdue amounts may incur interest at 1.5% per
month.
All fees are exclusive of applicable taxes.
6. Intellectual Property
Bynaus retains all rights in its Services, including related IP, software, and documentation. Customer
retains
ownership of its Customer Data.
7. Confidentiality
Each party agrees to protect the other’s confidential information with the same care used to protect its own
and
not disclose it except as required by law or necessary for performance.
8. Indemnification
Bynaus will defend and indemnify Customer against third‑party claims that the Services infringe intellectual
property rights. Customer will indemnify Bynaus against claims arising from misuse of the Services or breach
of this
Agreement.
9. Limitation of Liability
Neither party will be liable for indirect, incidental, consequential, or punitive damages. Each party’s
aggregate
liability is limited to fees paid in the preceding twelve months.
10. Term and Termination
This Agreement begins upon acceptance and continues until terminated. Either party may terminate for uncured
material breach. After termination, Customer may request data export within 90 days before deletion.
Exhibit A – Data Processing Addendum (DPA)
Defines roles, obligations, and safeguards for processing Personal Data under GDPR, CCPA, and other laws.
Includes
confidentiality, breach notification within 72 hours, subprocessor transparency, and 90‑day deletion timeline.
Exhibit B – Service Level Agreement (SLA)
Establishes 99.9% uptime, four severity levels with response times, service credits up to 25%, and
disaster‑recovery objectives (RTO ≤ 8 hours, RPO ≤ 1 hour).
Exhibit C – Security Policy (Public Overview)
This Security Policy summarizes Bynaus’s security practices and commitments as part of its overall
information
security program. Detailed internal security documentation is not publicly disclosed to maintain system
integrity
but is available to enterprise customers under NDA.
-
Governance
Bynaus maintains a formal, documented information security program overseen by the Chief Technology
Officer.
Policies address access control, incident response, data management, risk assessment, and vendor security
reviews.
Policies are reviewed at least annually.
-
Data Protection
- Encryption: AES‑256 encryption for data at rest; TLS 1.2+ for all data in transit.
- Access Control: Role‑based permissions, MFA for privileged accounts, and
least‑privilege
enforcement.
- Network Security: Segregated VPCs, firewalls, and intrusion detection on all
production
systems.
- Logging and Monitoring: Continuous monitoring with centralized log management and
alerting.
- Data Retention: Customer Data retained 90 days post‑termination for export before
permanent
deletion unless legally required to retain.
ermanent
-
Business Continuity and Disaster Recovery
- Daily encrypted backups stored across multiple regions with a minimum 14‑day retention.
- Disaster Recovery objectives: RTO ≤ 8 hours, RPO ≤ 1 hour.
- Annual disaster recovery testing and business continuity plan validation.
>Disaster Recovery objectives: RTO ≤ 8 hours, RPO ≤ 1 hour.
-
Incident Response
Bynaus maintains an incident response plan designed to promptly detect, contain, and mitigate potential
security
incidents. Confirmed Personal Data breaches are reported to Customers within 72 hours, including nature,
impact, and
remedial actions.
Personal Data breaches are reported to Customers within 72 hours, including nature,
-
Personnel and Training
All personnel undergo security awareness training upon hire and annually thereafter. Background checks
are
conducted where permitted by law. Access to production data is restricted to authorized personnel with
business
need.
where permitted by law. Access to production data is restricted to authorized personnel with
-
Hosting and Infrastructure
The Services are hosted on secure, industry‑leading cloud providers such as AWS. Data centers maintain
strict
physical access control, environmental safeguards, and redundancy. Bynaus uses multiple availability zones
to
ensure
service continuity.
-
Privacy and Data Processing
Personal Data is processed only as described in Exhibit A (Data Processing Addendum) and the Privacy Policy. Data
processing
agreements with subprocessors ensure adequate protections for all transferred data.
-
Customer Responsibilities
Customers must secure their own credentials, configure access permissions appropriately, and implement
reasonable
security measures within their environments when integrating Bynaus Services.
-
Requests for Additional Information
A full, detailed Security Addendum containing system architecture, operational procedures, and audit
details
is
available to enterprise customers under non‑disclosure agreement. Requests should be directed to support@bynaus.ai.
Bynaus Services.
9. Requests for Additional Information
A full, detailed Security Addendum containing system architecture, operational procedures, and audit
details
is
available to enterprise customers under non‑disclosure agreement. Requests should be directed to support@bynaus.ai.