SentinelOne Legal

 

SENTINELONE RANSOMWARE WARRANTY

 

This SentinelOne Ransomware Warranty (“Warranty Agreement”) describes the terms and conditions for the provision of a Ransomware Warranty (“Warranty”) from Sentinel Labs, Inc. (“SentinelOne”) to the SentinelOne customer subscribing to its SentinelOne Solutions (“Company” and “Solutions,” respectively) under the SentinelOne Terms of Service (“Terms” available on the SentinelOne website https://sentinelone.com/terms-of-service/, or another version of the Terms agreed to in writing among the Company and SentinelOne), provided that such Warranty is stated in a quote or purchase order among SentinelOne and the Company, or an approved SentinelOne partner and the Company, in each case where approved by SentinelOne (collectively, “PO”). This Warranty shall be effective as of the date the PO is executed (“Effective Date”) and shall remain in effect for the term of the Warranty stated in such PO (“Warranty Term”).

As the Company’s authorized representative, you represent that you are authorized by the Company to purchase the Warranty under this Warranty Agreement. Capitalized terms used but not defined in this Warranty Agreement shall have the meaning assigned to such terms in the Terms, and in the case of a conflict between such capitalized terms, the terms of the Terms shall control. Subject to the terms and conditions described herein and the Terms, the parties to agree as follows:

Specific Ransomware Warranty

1. Warranty. During the Warranty Term, so long as the Company also subscribes to the Solution in compliance with the Terms, the Company’s Endpoints (as defined below) will be protected by the Solutions which will screen for any Ransomware (as defined below). The Warranty granted herein shall apply to all such Endpoints provided that:

(a) The SentinelOne Solution is deployed at the Endpoints in accordance with the Documentation and such Endpoints are currently active and properly configured;

(b) The Warranty covers all its Endpoints that are protected by the Solutions;

(c) Only Files that are on Endpoints are covered under this Warranty;

(d) The Company continuously ensures that all covered Endpoints have the following required configurations:

(i) Product:

      • Policy mode options are set to Threats: Protect and Suspicious: Protect.
      • All Engines are set to ON.
      • Cloud Connectivity is not disabled.
      • Anti-Tamper is turned ON
      • Snapshots are turned ON
      • Scan New Agents is turned ON
      • The latest General Availability (GA) version of the SentinelOne Windows Endpoint Agent (as specified in the SentinelOne Knowledge Base “Latest Information” article) is deployed prior to the time of Ransomware infection.
      • There are no Pending Actions (such as Reboot) listed on any covered Endpoint.
      • A supported version of the Management Console is deployed.
      • Exclusions specified in the SentinelOne Knowledge Base “Not Recommended Exclusions” article are not deployed in the Management Console or Agent.

(ii) Operating system:

      • The Warranty applies to Standard (not Legacy) Windows Agents, and on supported versions of Microsoft Windows (per the SentinelOne Knowledge Base “System Requirements” article).
      • Each endpoint is malware free, prior to SentinelOne Windows Agent installation.
      • OS is fully updated and patched on each covered Endpoint, and all compromised applications are updated to latest releases.
      • VSS (Volume Shadow Copy Service) is enabled and functioning on all Windows endpoints. VSS Disk Space Usage allocation must be configured with at least 10% on all disks. If the Company uses a third party service that prevents, directly or indirectly, the VSS from running in conjunction with the Solution, the Solution’s remediation and rollback features will not be available; and SentinelOne disclaims all obligations for remediation and rollback actions.

(e) The Company adheres to the following manual actions post infection (i.e. discovery of Ransomware):
immediately adds the specific Ransomware threat to blacklist;
in case the Ransomware was not blocked but only detected – takes a remediation and rollback action within 1 hour of infection/discovery of the Ransomware; and
notifies SentinelOne of the Ransomware discovery within 24 hours at [email protected].
this Section 1.(e) shall not apply if the Company is subscribed to the Vigilance Response service during the Warranty Term.

2. Scope of the Warranty. Subject to the terms of this Warranty Agreement, including the specific requirements of Section 1 above, in case of a successful ransomware attack on Company Endpoints covered by the Warranty, as shown in SentinelOne’s logs and other records, SentinelOne will pay as sole and exclusive remedy to the Company damages equal to the ransom demanded by the Ransomware, capped at $1,000 USD per Endpoint affected by a Breach, and further capped at $1,000,000 USD for every consecutive 12 months in which Company subscribes to the Solution with respect to the affected Endpoint.

3. Condition Precedent to Warranty Payment. SentinelOne shall only provide the remedy for the Breach of the Warranty as described above if (i) the Ransomware attack has occurred and is discovered by the Company and reported to SentinelOne during the Warranty Term and Company’s subscription to the Solution under the Terms; (ii) Company’s Endpoints and the Solution are configured in accordance with the Documentation and Section 1 above; (iii) the Company demands in writing to recover for damages caused by the Breach; and (iv) sufficient evidence is provided by Company supporting the Ransom demand amount for each Ransomware infection covered by this Warranty.

4. Exclusions: The Warranty shall not apply to a breach caused primarily by (i) any deployment, configuration and/or use of the Solution (or a portion thereof) in a manner inconsistent with the Documentation or the requirements of Section 1 herein; (ii) Company’s negligence or misconduct; or (iii) other products and/or services which directly or indirectly cause the malfunction or non-performance of the Solution with respect to the subject Ransomware.

5. Sole and Exclusive Remedy. The aforementioned remedy for the Breach shall be the Company’s sole and exclusive remedy and the entire liability of SentinelOne for any Breach of the Warranty.

6. Definitions. The capitalized terms below shall have the following meaning:

(a) “Breach” means the unauthorized access to at least one Company Endpoint in the form of Ransomware which has caused material harm to the Company, whereby “material harm” must include at least one of the following: (i) the unauthorized acquisition of unencrypted digital data that compromises the security, confidentiality, or integrity of personal information or confidential information maintained by the Company; (ii) public disclosure of personal information or confidential information maintained by the Company; or (iii) the compromise of at least one Company Endpoint resulting the blocking of access to such Endpoint.

(b) “Ransomware” means a malware software program that infects Company’s systems from external sources (i.e. in the wild), which installs, persists and encrypts a large portion of files at the operating system level, and continuing to demand payment (the “Ransom“) in order to decrypt the encrypted files. For clarification, Ransomware does not include any malware introduced by the Company or any third party to Company’s internal systems, whether intentionally (i.e., malware testing) or through a breach in the system’s security.

(c) “Endpoints” shall mean any computing device with a Microsoft Windows operating system, that has the SentinelOne Solution installed per the Documentation under valid Terms among SentinelOne and the Company.

7. Other Terms and Conditions. Any other terms and conditions of the Terms shall be unaffected by this Warranty Agreement, except as expressly stated in the Terms. In case of any conflict between the terms of this Warranty Agreement and the terms and conditions within the Terms relating to the Warranty, the terms and conditions within this Warranty Agreement shall prevail.

8. Miscellaneous. This Warranty Agreement represents the complete agreement between the parties concerning the Warranty granted hereunder, and supersedes any and all prior agreements or representations between the parties. SentinelOne may revise the terms of this Warranty Agreement from time to time in its reasonable discretion, provided that such revisions shall not reduce or eliminate the monetary remedy described in Section 2 herein. To the extent that SentinelOne pays to the Company under the Warranty, Company agrees that SentinelOne shall acquire a subrogation right to assert a claim against the hacker who delivered the Ransomware to Company and caused damages for which SentinelOne incurred Warranty costs, and Company further agrees to assist SentinelOne should it decide to assert a claim against such hacker. If any provision of this Warranty Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Warranty Agreement is governed by and construed in accordance with the substantive laws of California, irrespective of its choice of law principles, and the competent courts in Santa Clara County, California shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with this Warranty Agreement.