BreachAware® Terms & Conditions of Service

Last updated: December 2018
Terms

  1. BreachAware Limited will hereby be known and referred to, in this document as ‘BreachAware’, ‘we’, ‘us’, or ‘our’.
  2. Any user accessing the BreachAware website or services whereby an individual, entity or other person acting on behalf of themselves or another entity or other person shall be hereby known and referred to as ‘user’, ‘customer’, ‘company’ or ‘client’.
  3. Our website, services, material, information and property are all included when referred to as ‘website’, ‘services’, ‘material’, ‘information’ or ‘property’.
  4. By accessing the BreachAware website or applying to and using any of BreachAware’s services, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or service. All materials contained on the BreachAware website and services are protected by applicable copyright and trademark law

License

  1. Permission is granted to access information on BreachAware’s application or website for internal company use for threat detection and risk management. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    2. modify, copy, adapt or hack the service to, or otherwise attempt to gain unauthorised access to the Product, Services or its related systems or networks or;
    3. attempt to decompile or reverse engineer any software contained on our website;
    4. access the data in bulk, scrape, redistribute or resell the data
    5. present the data so that it appears to be made available by any third party
    6. remove any copyright or other proprietary notations from the materials; or
    7. transfer the materials to another person or "mirror" the materials on any other server.
    8. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  2. This license and all access to BreachAware services shall automatically terminate if you violate any of these restrictions and may be terminated by BreachAware Limited at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Service details

  1. BreachAware shall, during the Term, provide services to the customer on and subject to the terms of this agreement.
  2. BreachAware undertakes all it’s services with reasonable skill and care.
  3. BreachAware does not take responsibility for any delays, interruptions, errors or losses as a result of data transfer across communication networks and facilities. The customer acknowledges that use of BreachAware notification services and other services may be subject to limitations, delays and other inherent problems in the use of such communication facilities.

Warranties & disclaimers

  1. BreachAware does not warrant that the use of its services or website will be uninterrupted or error-free; or that the information obtained by its services will meet the customers requirements.
  2. BreachAware will execute reasonable endeavours to ensure the service is made available, without interruption. In the event where the service may need to be disrupted to execute required or essential maintenance, we will where possible provide you with 24 hours notice. Please be advised this may not always be possible in the event of unscheduled emergency maintenance or events.
  3. As outlined in Clause 5, BreachAware will not be liable for any losses, financial or otherwise, incurred by the customer arising directly or indirectly from BreachAwares failure to provide or correct service or in any delays in BreachAware’s performance of any of its obligations.
  4. All materials and information made available by BreachAware are provided on an ‘as is’ basis. We do not warrant or make any representations concerning the accuracy, likely results or reliability of the use of our services or website.
  5. BreachAware makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  6. BreachAware does not warrant accuracy of any information provided on its website or services nor that this information is complete or current. Information can always include technical, typographical, photographic or other errors. BreachAware may make changes to information provided through its website or services at any time without notice. BreachAware does not make any commitment to update its information or services.

Limitations

  1. In no event shall BreachAware Limited or any of its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on BreachAware Limited's website, even if BreachAware Limited or a BreachAware Limited authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
  2. In no event shall BreachAware or any of its suppliers be liable (whether under contract, tort (including negligence) or otherwise for:
    1. Losses that were not caused by our breach of these terms;
    2. Any loss or damage that was not, at the time the relevant terms and conditions with you was established, a reasonably foreseeable consequence of a breach of these terms;
    3. Losses or punitive damages relating to any business of the customer, loss of profits, loss of opportunity or anticipated profits, inability to access or use site or data or cost of substitute services;
  3. Nothing in these terms is intended to exclude or limit, BreachAwares liability for (i) Death or personal Injury, (ii) Fraud (iii) Fraudulent misrepresentation, (iv) Any implied terms as to title which cannot be excluded or limited by law, or (v) any liability that cannot be excluded or limited by law.
  4. Limitations and exclusions are based on the best endeavours that have been used to secure, verify and organise the data collected. However, despite these best endeavours, both parties identify limitation and exclusions arising from a range of identifiable and unidentifiable factors beyond the control of BreachAware.
  5. BreachAware shall not be liable for any actions taken by any customers, including but not limited to any staff or affiliates of the customers, as a result of information or services provided by BreachAware.

Billing & Cancellations

  1. Billing is handled through a 3rd party software which securely charges and stores your credit card details after payment of your first invoice.
  2. If you wish to make any changes to your billing details or to cancel a subscription please email accounts@breachaware.com.
  3. Billing is automatically charged each month in advance by our 3rd party software using your stored payment details and will automatically send you the invoice receipt once the payment has been made. You will be notified by the system 3 days in advance of an upcoming invoice.
  4. If payment is unsuccessful, the system will try again 4 times over the period of 1 week. At this stage your subscription will be cancelled and your account closed. To re-activate your account and subscription in this event you will need to contact us at accounts@breachaware.com to fix your account.
  5. All subscriptions must serve a minimum term of 3 calendar months. Subscriptions can be cancelled after the 3 month period with a minimum of 5 business days notice before the next billing date. Please contact us at accounts@breachaware.com , 5 days in advance to your next billing date and your subscription will be cancelled and your account disabled by the next cycle. For example: Acme starts their subscription on Jan 10th, as long as Acme notifies us of their desire to cancel their subscription before April 5th (5 days before next billing date on April 10th), then the subscription will be cancelled and Acme will still have access to the application until April 10th.
  6. Termination of your subscription must be made in writing to accounts@breachaware.com, 5 days prior to the next billing date. Your next billing date is 1 calendar month from last invoice. Upon termination of subscription, BreachAware will cancel subscription payments and disable the user account and access to the application.
  7. Any terminations as a result of unlawful or fraudulent activity or due to breach of our terms and conditions will result in the user accounts being immediately disabled and accessed denied. BreachAware will not refund or compensate any advance payments for these kind of terminations.

Onboarding & Verification

  1. All users of BreachAware agree that information provided by BreachAware is to be used only in a lawful manner and any unlawful or fraudulent activities identified will result in immediate termination of subscription without refund or compensation as per Clause 6.7.
  2. BreachAware at anytime may request to validate your intentions of use of the service and you agree to adhere to their processes to do so.
  3. All users must:
    1. confirm that they own the asset or have permission from the owner to track the asset and;
    2. agree to only use the information for the prevention and detection of crime; as part of a system of risk management.
  4. Any user of our website or services automatically accepts these terms and conditions and confirms these statements when using our service.
  5. All customers must go through the appropriate verification and approval processes before access is granted to a BreachAware account. This is because we take organisational privacy seriously, and will not disclose compromised credentials to users who we deem to be unauthorised. We may therefore request additional information from you in order to verify your ownership of an asset. This process is to our discretion.
  6. Should BreachAware discover you are not the owner or have permission from the owner to open an account and monitor an asset, the account will be denied.
  7. Should you have any concerns about an account established under an email of a company leaver or wish to make any changes to your account, please contact us immediately. Once again, we may request additional information to prove your ownership before granting account change requests.
  8. All customer service requests should be emailed to accounts@breachaware.com.

Rights & Responsibilities

  1. Under data protection regulations you have the right to know about our handling of your data and to request information. For more information about our data protection practices and to understand your right, please review our privacy policy.
  2. By submitting your details on our webforms or applying for an account with BreachAware you are agreeing to our Privacy Policy.
  3. As a customer you are responsible to keep private the login credentials provided to you. The password provided meets BreachAware’s password policy and is stored using appropriate encryption. It is recommended but not mandatory that you change this password to one that is equally as strong. BreachAware will not be responsible for the protection of your password outside of the BreachAware system. Please keep it safe and secure and if you require to change it, have forgotten it or have reason to believe it has been compromised please contact us immediately or change your password using your account.
  4. The customer takes responsibility for obtaining and maintaining any equipment needed to access or use BreachAware’s services, without limitation including software, hardware, operating system and networks. The customer shall be responsible for ensuring that such equipment is compatible with the services and should compatibility change, rendering the services unusable by the customer, a termination of their subscription is required in written form to accounts@breachaware.com, with 5 days notice before their next billing date as outlined in Clause 6.

Links

  1. BreachAware Limited has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BreachAware Limited of the site. Use of any such linked website is at the user's own risk.

Modifications

  1. BreachAware Limited may revise these terms and conditions at any time without notice. By using our website and services you are agreeing to be bound by the then current version of these terms of service.

Governing Law

  1. These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.