Breachsense Terms of Service

By Using The Service, The User Is Agreeing To Be Bound By This Agreement. If You Are Agreeing To This Agreement On Behalf Of Or For The Benefit Of A Company, Then The User Represents And Warrants That It Has The Necessary Authority To Agree To This Agreement On The Company’s Behalf.

The purpose of this “Terms of Service” is to inform you or the person or entity you represent (“you,” or “your”) of Breachsense’s (“our”) expectations regarding your use of our data breach search engine (the “Service”). The Service is the exclusive property of Breachsense or its licensors and is protected by United States of America and international intellectual property rights. This Terms of Service is a legally binding agreement between you and Breachsense (“we”) to which, as conditions precedent to offering you any Service, you expressly affirm the accuracy of each of the following statements:

1. You are lawfully able to enter into contracts in the jurisdiction which you presently reside;
2. You are authorized to enter into this agreement on your behalf or on behalf of the person or entity you represent;
3. You consent to the application of the laws of the State of California, United States of America and waive any claim of forum nonconveniens;
4. You consent to resolve all disputes arising from or related to the Service in accordance to the Terms of Service and in your individual capacity (and not as a plaintiff or class member in any purported class or representative proceeding);
5. You consent to and shall abide by the Terms of Service at all times.

Breachsense requires your use of the Service to comply with applicable law and to be consistent with our community standards.

By using or continuing to use the Service, you accept and consent to the rights, obligations, and practices described in the Terms of Service.

1. Code of Conduct. By agreeing to these Terms of Service, you are agreeing that, when using the Services, you will follow these rules:
   • Do not do anything illegal. The Service may only be used for lawful purposes. You shall not use the Service to engage in, foster, or promote illegal, abusive, fraudulent, or irresponsible behavior, including without limitation:
     • Creation or distribution of unsolicited bulk email and mailing lists;
     • Unauthorized disruption or interference of any data system or network, computer or communications system, software application, or network or computing device;
     • Unauthorized distribution of any application or code that covertly gathers information about a user or covertly transmits information about the user
     • Unauthorized collection or use of any personally identifiable information or personally identifying information (including, without limitation, phishing, Internet scamming, password engineering, scraping, and harvesting)
     • Any conduct that is likely to result in retaliation against Breachsense or our representatives, including engaging in behavior that results in any server being the target of a denial of service attack.

• Do not engage in any activity that exploits, harms, or threatens to harm children.
• Do not send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
• Do not publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
• Do not engage in activity that is fraudulent, false, or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
• Do not circumvent any restrictions on access to or availability of the Services.
• Do not engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
• Do not infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale, or other distribution of materials).
• Do not engage in activity that violates the privacy of others.
• Do not help others break these rules.
• Do not duplicate, decompile, reverse engineer, publish, or redistribute the Services, including without limitation their underlying technology.
• Do not use the Service for the purpose of creating or maintaining a competitive product or service.

2.Enforcement. Violation of any provision of the Terms of Service, whether as a single-instance or repeated occurrence, may result in the immediate interruption, suspension, or termination of your access and use of the Service, as determined by Breachsense at Breachsense’s sole discretion. You may also be subject to civil or criminal penalties. You acknowledge, understand, and agree that Breachsense shall not be required to issue warnings, reprimands, or undergo any formal or informal process prior to causing the Service to be interrupted, suspended, and/or terminated.

3.Applicability. This policy applies to you with respect to the Service. You shall be responsible for: informing yourself of any amendments, updates, or modifications made to this policy and you hereby acknowledge and agree to this policy, as amended, updated, or modified from time to time.

4.Excessive Use of System Resources. You shall not use the Service in a way that unnecessarily interferes with the normal operation of the system, or that consumes a disproportionate share of the resources or data on the system.

5.Governing Law. The Terms of Services are governed by the laws of the State of California and may be amended in writing and signed by Breachsense. No waiver shall be effective against any party unless it is in writing and signed by Breachsense.

6.Service Credits. No service credit shall be available under the Terms of Service for interruptions, suspensions, or terminations of service arising from or related to any violation of this Policy.

7.Data. The database is updated on a best efforts basis. Data breaches are added as they become available after they are validated. We do not guarantee when and if a given breach will be imported into the service. Breachsense does not intentionally possess or have access to secure or private information. All data offered is derived from publicly available sources. While Breachsense tries to verify the data, we make no warranties or guarantees about any of the information offered. Breachsense attempts to convert hashed passwords to plaintext where possible. This is dependent on a number of factors and not always possible.

8.API License. You may not transfer, resell, or share the API license key without prior written consent from Breachsense.

9.Access. An API license grants access only to data associated with a set of predefined domains owned by the licensee. Further access may be granted to security providers after a verification process to ensure the data is not abused.

10.Warranties. The service is provided by Breachsense to you “as is” and “as available” and that you are accepting of the service with all faults, whether or not immediately apparent, to the furthest extent of applicable law. Breachsense and our representatives: (i) expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation all expressed or implied warranties of title, merchantability, and fitness for a particular purpose; (ii) do not warrant that the services will meet your requirements, or that the service will be timely, uninterrupted, secure, error-free, or that any defects will be corrected; (iii) do not make any representations regarding the accuracy, reliability, timeliness, or completeness of the service; and (iv) are not responsible or liable for the deletion of previously stored data.

11.Liability. IN NO EVENT WILL BREACHSENSE OR ITS AFFILATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL ARISING OUT OF USE OF BREACHSENSE.IO OR THE SERVICE. To the extent permitted by law, Breachsense shall have no liability, relating to your use of (or connection to) Breachsense.com. You agree to defend, indemnify, and hold Breachsense, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees, and expenses, resulting from, or alleged to result from, your violation of these Terms of Service or your use of Breachsense.com or the Service. Breachsense reserves the right, at any time and at our sole discretion to amend, modify, suspend, or terminate Breachsense.com, any service, information or content, or any part thereof, and/or your use of or access to them, with or without notice. Breachsense shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.

12.Sole and Exclusive Remedy. Your only right and remedy in case of dissatisfaction with the Service or Breachsense.com, or any grievance related thereto, shall be discontinuance of access to or use of the Service and/or Breachsense.io.

13.Disputes. You and Breachsense will attempt in good faith to resolve all disputes arising out of or relating to the Services and/or the Terms of Service. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation, (i) neither party will bring a dispute arising out of or related to the Service and/or the Terms of Service more than one year after the cause of action arose, and (ii) after such time limit, any such legal action and all respective rights related to any such action immediately lapse.

14.Resolutions. All disputes arising from or related to the service and/or the terms of service shall be governed by the laws of the state of California, United States of America, excluding California’s conflicts of laws rules. The parties will attempt in good faith to settle any dispute within thirty (30) calendar days after the dispute arises. if the dispute is not resolved within thirty (30) calendar days, such dispute shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its expedited commercial rules in force as of the date of this Terms of Service. Each arbitration proceeding shall be conducted (i) by a mutually selected arbitrator, (ii) in the English language, and in (iii) Los Angeles County, California, United States of America. Each arbitration proceeding shall be deemed confidential information, including without limitation, (i) the existence of, (ii) any data disclosed during, and (iii) any communications or documents related to, the arbitration proceeding.

15.Privacy Policy. Breachsense uses information that you provide to it via telephone calls, chat, email, web forms, and other communications to correspond with you about the Service. Email addresses are stored in Gmail to notify you of relevant alerts, updates to the database and/or service. API queries are logged to ensure the database is not abused and are deleted after ninety (90) calendar days. Billing information is stored directly in Stripe. Unless required by law, any information collected is not shared with third parties. If you wish to withdraw consent or delete any information we have about you, including breached data, please contact support at breachsense.com.

16.Marketing. Unless specified otherwise, Breachsense may use your company name and/or logo for marketing purposes only.

17.Changes. Amendments to these Terms of Service may be made at any time and you should check back frequently for any changes. Breachsense shall have the right and ability to amend these Terms of Service at Breachsense’s sole and absolute discretion, and any amendments herein shall be effective within seven (7) days of being posted by Breachsense or by your continued use of the Service, whichever later.