1. Acceptance of Terms
These Client App Terms of Service (this “Agreement”) govern access to and use of the Arbiter Client App (the “Client App”) made available by ARBR Inc. d/b/a Arbiter Defense Group (“Arbiter,” “we,” “us,” or “our”) to individuals receiving protective-security services coordinated through the Arbiter platform (each, a “Client,” “you,” or “your”). By creating an account, accessing, or using the Client App, you agree to be bound by this Agreement. If you do not agree, do not access or use the Client App.
2. Definitions
“Provider” means the licensed private security provider firm engaged to deliver protective-security services to you, using the Arbiter Provider App.
“Engagement” means the protective-security assignment connecting your Provider to you through the platform.
“Intel Product” means any dossier, brief, after-action report, threat-vulnerability assessment, or similar work product generated, in whole or part, using the platform’s research, AI-assisted drafting, or open-source intelligence tools in connection with your Engagement.
“Platform” means the Client App, the Provider App, and the underlying Arbiter services.
3. Eligibility; Account Registration
You represent that you are at least 18 years old and have the legal capacity to enter into this Agreement.
Your account is established in connection with an Engagement created by your Provider. You are responsible for the accuracy of the information you submit and for maintaining the confidentiality of your account credentials.
4. Acceptable Use
The Client App may be used only for lawful purposes connected to your protective-security Engagement. You agree not to access or attempt to access any portion of the platform beyond your authorized account access, and not to circumvent or attempt to circumvent the platform’s access, encryption, or audit controls.
You must not post, transmit, or store content that is unlawful, threatening, harassing, defamatory, or that infringes the rights of any third party. Arbiter provides an in-app mechanism for reporting messaging content that violates this section.
5. Recording Features; Consent
Recording laws vary by state. If you are in a state requiring all-party consent, you are responsible for obtaining consent from all parties before recording. This notice is displayed persistently and non-blocking at the Client App’s recording surface.
If you use a recording feature, you represent that you have the right and authority to make the recording, and you take sole responsibility for obtaining any consent required by applicable law from all recorded parties. You indemnify and hold harmless Arbiter from and against any claim, loss, or liability arising from your recording activity, including any failure to obtain required consent.
6. Location Data and Live Tracking
Your Provider may use live-location tracking as part of delivering protective-security services. Live-location data is opt-in, is retained only transiently (a rolling one-hour window with no persistent history), and is visible to your Provider for operational purposes. Static location data connected to your profile or Engagement (such as addresses or sites relevant to your protection plan) is retained at full precision for the duration of the Engagement, consistent with the Arbiter Data Minimization and Retention Policy.
You will be presented with a dedicated, timestamped consent screen before live tracking is first used on your account, and that consent is logged. You may withdraw consent to live tracking at any time through the Client App, subject to your Provider’s ability to deliver protective-security services without it.
7. Data Privacy; Intelligence Products
Your use of the Client App is also governed by the Arbiter Client App Privacy Policy, which is incorporated into this Agreement by reference.
Intel Products generated in connection with your Engagement may include information about you collected from your Provider, from you directly, and from research and open-source tools used to support your protective-security plan. Arbiter represents that no Intel Product concerning you, and no data collected about you through the platform, will be used or sold by Arbiter to make, or to contribute to making, a decision about your eligibility for credit, employment, insurance, housing, or any other purpose that would constitute an adverse action against you as that concept is used in consumer-protection law. This representation concerns Arbiter’s own use of your data; it does not restrict your Provider’s independent use of Intel Products in delivering your protective-security services under its separate agreement with you.
You will not be discriminated or retaliated against by Arbiter for exercising any privacy right available to you under applicable law, including the California Consumer Privacy Act, and Arbiter will not deny you goods or services, charge different prices, or provide a different level of service on that basis, except as expressly permitted by applicable law.
Intel Products exported as PDF are watermarked with engagement- and recipient-identifying attribution. Recipients of an exported Intel Product may not further distribute, publish, resell, or use it outside the scope of your Engagement.
8. Bring-Your-Own-Key (“BYOK”) Provisions
The platform offers tiered encryption-key custody for certain Engagement data, including an option for you (or your Provider) to hold your own key in an external key-management system (“KMS”) rather than relying on an Arbiter-held key. Where you elect to hold your own key in an external KMS, Arbiter retains ciphertext only and has no technical ability to decrypt the underlying data.
Risk arising from custody of an externally-held key — including key loss, misconfiguration, unavailability, or unauthorized revocation — is confined to the party holding that key. You indemnify Arbiter for any claim arising from your key-custody decisions or key-management failures. You acknowledge that where a litigation hold or comparable legal-preservation obligation applies, Arbiter cannot guarantee that content protected by an externally-held key will remain readable, because Arbiter cannot compel decryption of data it does not hold the key to.
Keys held by Arbiter on the standard tier are not revocable in-app; they are destroyed only upon deletion of the associated Engagement, subject to Section 9. Externally-held keys are revoked solely within the holder’s own KMS, outside Arbiter’s control.
9. Engagement and Account Deletion
An authorized administrator on either your side or your Provider’s side may unilaterally terminate an Engagement and initiate deletion of associated Engagement data. Deletion of Arbiter-held encryption keys occurs on a delay of not less than twenty-four (24) hours following the deletion request. A logged notice of deletion is provided to the counterparty as a record of the deletion; it is not, and does not require, the counterparty’s consent.
You acknowledge that Engagement deletion is a significant, generally irreversible action with respect to Arbiter-held keys, and that Arbiter bears no liability to you or any third party for data rendered permanently unreadable as a result of a deletion request made by an authorized administrator, whether that administrator is yours or your Provider’s.
10. Indemnification
You agree to indemnify, defend, and hold harmless Arbiter and its officers, directors, employees, and agents from and against any claim, liability, damage, loss, and expense (including reasonable attorneys’ fees) to the extent arising out of: (a) your breach of this Agreement; (b) your violation of applicable law; or (c) your recording activity or key-custody decisions as described in Sections 5 and 8. This indemnification obligation does not extend to any claim arising out of Arbiter’s own negligence, breach, or willful misconduct, and does not require you to indemnify Arbiter against punitive damages assessed against Arbiter.
11. Limitation of Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARBITER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE CLIENT APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 To the maximum extent permitted by law, Arbiter’s aggregate liability arising out of or related to this Agreement will not exceed the greater of (a) the amounts you have paid to Arbiter for use of the Client App in the twelve (12) months preceding the claim and (b) one hundred U.S. dollars (US$100).
11.3 Carve-Outs. The limitations in Sections 11.1 and 11.2 do not apply to: (a) death, personal injury, or bodily harm caused by Arbiter’s negligence or willful misconduct; (b) either party’s breach of its data-privacy or confidentiality obligations under this Agreement or applicable law; (c) Arbiter’s indemnification obligations; or (d) damages arising from Arbiter’s gross negligence or willful misconduct. This carve-out is deliberate: because the underlying service concerns your physical safety, a limitation of liability that reached personal-injury claims would be difficult to enforce and is not the protection Arbiter is seeking here.
You may have additional rights under consumer-protection laws that do not allow the exclusion or limitation of certain damages. If those laws apply to you, the limitations in this Section that directly conflict with them do not apply to you.
12. Disclaimer of Warranties
THE CLIENT APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” ARBITER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARBITER DOES NOT WARRANT THAT THE CLIENT APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL DATA WILL BE PERMANENTLY RETAINED OR RECOVERABLE.
This Agreement does not warrant, and nothing in it should be read to warrant, the outcome of any protective-security services provided by your Provider — those services are provided by your Provider under its own separate agreement with you, not by Arbiter.
13. Disclosure Under Law
Arbiter reserves the right to preserve and disclose your account information and Engagement data as necessary to comply with applicable law, regulation, legal process, or governmental request, or to protect the rights, property, or personal safety of Arbiter, its users, or the public. Any such request is subject to legal review before any disclosure, and we will provide notice to you where legally permitted.
14. Arbitration Agreement; Class Action Waiver
14.1 Agreement to Arbitrate. Except for claims that qualify for small-claims court, and except as provided in Section 14.4, you and Arbiter agree that any dispute arising out of or relating to this Agreement will be resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court.
14.2 Class Action Waiver. You and Arbiter agree that any arbitration will be conducted only on an individual basis and not as a class, collective, or representative action, and that the arbitrator has no authority to consolidate claims or preside over any representative proceeding.
14.3 Severability, Not Non-Severability. If any part of this arbitration agreement or class action waiver is found unenforceable, that part will be severed and the remainder will still be enforced — this Agreement does not include a provision voiding the entire arbitration agreement if one part of the class action waiver is struck.
14.4 Public Injunctive Relief. Nothing in this Agreement waives your right to seek public injunctive relief in court under applicable consumer-protection statutes, to the extent such a waiver would be unenforceable under governing law. Where you seek both arbitrable claims and public injunctive relief, the arbitrable claims will proceed in arbitration first; any request for public injunctive relief will be stayed and may proceed in court only after the arbitration is resolved on the merits.
14.5 Notice and Informal Resolution. Before filing an arbitration demand, you and Arbiter agree to first attempt to resolve the dispute informally by providing written notice of the dispute and a good-faith effort to negotiate for at least thirty (30) days.
15. Term; Termination
This Agreement remains in effect for as long as you maintain an active account or Engagement on the platform. Either you or Arbiter may terminate as provided in Section 9. Sections 7, 8, 9, 10, 11, 12, 13, and 14 survive termination.
16. Governing Law; Venue
This Agreement is governed by the laws of the State of California, without regard to conflict-of-laws principles. Venue for any matter not subject to Section 14 lies exclusively in the state and federal courts located in Los Angeles County, California.
17. Notices
Notices to Arbiter should be sent to legal@arbiterdefense.group or by mail at 1209 Orange Street, Wilmington, Delaware 19801. Notices to you will be sent to the contact information associated with your account.
18. Miscellaneous
This Agreement, together with the Client App Privacy Policy, constitutes the entire agreement between you and Arbiter regarding the Client App. It does not govern your separate agreement with your Provider for protective-security services. If any provision is held unenforceable, the remaining provisions remain in full force. Arbiter may amend this Agreement; material changes will be reflected in a version-dated posting, and continued use after the effective date constitutes acceptance. This Agreement is not assignable by you without Arbiter’s prior written consent.