Terms of Service

Terms and Services

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Welcome to Breach Monkey LLC, a Software-as-a-Service (SaaS) Attack Surface Management Provider. By accessing or using our services, you agree to be bound by the following terms and conditions. Please read these Terms and Services carefully before using our platform.

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1. Acceptance of Terms

By accessing or using our services, you acknowledge that you have read, understood, and agreed to these Terms and Services, as well as our Privacy Policy. If you do not agree with any part of these terms, you must not use our services.

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2. Scope of Services

Breach Monkey LLC provides a SaaS platform designed to assist organizations in identifying and managing their attack surface vulnerabilities. Our services include but are not limited to scanning, monitoring, reporting, and analysis of digital assets for potential security risks.

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3. User Accounts

To access our services, you must create an account. You agree to provide accurate and complete information during the onboarding process. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. Breach Monkey LLC reserves the right to suspend or terminate accounts found in violation of these terms.

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4. Data Security and Privacy

We take data security and privacy seriously. Your data will be handled in accordance with our Privacy Policy, available on our website. By using our services, you consent to the collection, use, and storage of your information as described in the Privacy Policy.

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5. Use of Services

a. You agree not to use our services for any unlawful, unethical, or malicious purposes.

b. You shall not attempt to gain unauthorized access to any system, network, or data not belonging to you.

c. You shall not interfere with or disrupt the operation of our services or networks connected to it.

d. You shall not engage in any activity that could harm, impair, or compromise the security of our platform.

 

6. Intellectual Property

All intellectual property rights associated with our platform, including but not limited to trademarks, copyrights, and patents, are the property of Breach Monkey LLC. You may not use, modify, reproduce, distribute, or create derivative works from any part of our services without explicit written permission from Breach Monkey LLC.

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7. License

Breach Monkey hereby grants you, and you accept, a non-exclusive, non-transferable, non-sublicensable, and fully revocable license to access and use the Website and Content, provided that you comply with these Terms and the restrictions herein.

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8. Nature of the Service

a. Client acknowledges and agrees that the Service may involve the scanning and analysis of Client's IT Systems by Breach Monkey LLC, utilizing various techniques and software tools, to which the Client hereby provides explicit consent. The Client understands and acknowledges that Breach Monkey LLC does not guarantee the identification of all security issues and vulnerabilities, nor the accurate measurement of the overall security posture and quality of the Client IT Systems. Breach Monkey LLC expressly states that it will not conduct reviews to detect fraud, similar illegal acts, or offer services for the correction of errors or defects in Client's IT Systems, other devices, or their components. The receipt of the Service does not imply that the Client IT Systems are impervious to all forms of attack. If required or recommended by Breach Monkey LLC and/or the Client, the Client will inform or confirm to relevant third parties that Breach Monkey LLC is carrying out the Service with the Client's authorization.

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b. Revalidate: The Client is entitled, if requested, for a specific number of revalidations as detailed in the commercial proposal, with a response from us within three (3) business days.

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c. The Services will be conducted on the Client IT Systems that Breach Monkey LLC reasonably believes belong to the Client, based on independently obtained information. Breach Monkey LLC will promptly inform the Client of the identified list of Client IT Systems. The Client has the option to manually identify additional systems that form part of the Client IT Systems and include them in the Services. The Client is responsible for verifying the inclusion of such systems as Client IT Systems and ensuring compliance with these Terms.

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d. The Reports are intended solely for the Client's internal use (consistent with the Service's purpose). The Client shall not disclose any Report, or any portion or summary thereof, to any third party, except (i) with Breach Monkey LLC's prior written consent, (ii) as required by applicable law, and (iii) to third parties when necessary for implementing any remediation recommended in the Reports, provided that such third parties are bound by confidentiality obligations consistent with the obligations stated in these Terms.

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e. Client Responsibility: The Client assumes full responsibility for adequately protecting and backing up data and/or equipment used in connection with, or related to, the Client IT Systems. The Client shall not hold Breach Monkey LLC liable for any loss of data, re-run time, inaccurate output, work delays, or lost profits resulting from the Service. To ensure the Service's accuracy, the Client will respond normally if traces of Service activity are detected in any logs of the Client IT Systems or any systems monitoring the Client IT Systems, as would be expected in the case of an actual security penetration. Additionally, if legally required under any applicable law, the Client will be responsible for notifying legal or public authorities of any activity detected, discovered, or created by the Service.

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f. You represent and warrant that: (i) you have obtained and will hold for the entire duration of the Service provision, all necessary approvals and permits from the third-party owners (or licensors, as the case may be) of all products and services contained in the Client IT Systems or subject to the Service (including internet service providers and hosting suppliers), to ensure that the Service does not infringe on their rights (including intellectual property rights) or impact their information systems, network, and infrastructure. To the extent required, you have obtained appropriate consent from such third parties for the Services to be carried out; and (ii) the Client Data and all other data you provide are lawful and non-infringing.

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9. Restrictions

a. Client agrees not to engage in the following activities in relation to the Service and/or Website provided by Breach Monkey LLC:

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b. (Reverse engineer, decompile, or disassemble, decrypt, or attempt to derive the source code of the Service and/or Website, or any components thereof.

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c. (Copy, modify, translate, patch, improve, alter, change, or create any derivative works of the Service and/or Website, or any part thereof.

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d. Use any robot, spider, scraper, directory brute-forcers, vulnerability scanners (DAST), exploit frameworks or other automated means to exploit, access or monitor the Service and/or Website for any purpose.

(Take any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure of the Service and/or Website.

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e. Interfere with or disrupt the proper functioning, security, or integrity of the Service and/or Website, or any associated servers, networks, or databases.

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Access, use, or attempt to access or use the accounts, credentials, or personal information of other users without their explicit consent.

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f. Use the Service and/or Website for any unlawful, unethical, or malicious purposes, including but not limited to unauthorized access, data breaches, or cyberattacks.

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g. Client understands that engaging in any of the above activities constitutes a violation of the terms and may result in immediate termination of the service and potential legal consequences. Breach Monkey LLC reserves the right to take appropriate action to protect the integrity and security of the Service and/or Website and to enforce these restrictions to the fullest extent permitted by law.

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10. Availability

a. Client acknowledges and agrees that while Breach Monkey LLC takes all reasonable measures to ensure the availability and reliability of the Service, we cannot guarantee uninterrupted access or continuous operation of the Service at all times. Factors beyond our control, including but not limited to technical issues, maintenance, upgrades, or unforeseen events, may cause temporary interruptions or disruptions in the Service.

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b. Client further understands that Breach Monkey LLC shall not be held liable for any losses, damages, or inconveniences arising from such interruptions or disruptions to the Service. While we strive to minimize any potential downtime, client acknowledges that certain circumstances may be beyond our control and agrees to use the Service at their own risk.

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c. It is the client's responsibility to take appropriate precautions to safeguard their data and have contingency plans in place to mitigate any adverse effects that may arise due to interruptions in the Service. By using the Service, the client acknowledges and accepts that Breach Monkey LLC shall not be held liable for any direct or indirect consequences arising from the temporary interruption or unavailability of the Service.

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11. Indemnification by client

a. Client agrees to indemnify, defend, and hold Breach Monkey, its affiliates, and its and their respective officers, directors, and employees harmless from any and all third-party claims, damages, actions, and causes of action related to the use of the Service. This includes any claims arising from the distribution, publication, exportation, disclosure, misuse, or misconduct by the Client, as well as any fraudulent behavior by the Client concerning the Reports generated by the Service.

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b. The Client accepts full responsibility for any liabilities or legal consequences resulting from their actions related to the Service and Reports and agrees to bear all costs and expenses incurred by Breach Monkey in connection with the defense against such claims or actions.

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12. Disclaimer of Warranties

a. Our services are provided "as is" and without warranties of any kind, whether expressed or implied.

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b. Breach Monkey LLC does not guarantee the accuracy, completeness, or reliability of the information provided through our platform.

 

13. Limitation of Liability

a. To the maximum extent permitted by law, Breach Monkey LLC shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from the use or inability to use our services.

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b. You agree to indemnify and hold Breach Monkey LLC harmless from any claims, losses, liabilities, or expenses arising out of your use of our services or any breach of these terms.

 

14. Governing Law and Jurisdiction

These Terms and Services shall be governed by the laws of the state of Wyoming, United States, without regard to its conflict of laws principles. Any dispute arising from these terms shall be resolved exclusively in the state or federal courts located in Wyoming.

 

15. Amendments

Breach Monkey LLC reserves the right to modify or update these Terms and Services at any time. Any changes will be effective upon posting the updated version on our website. Your continued use of our services after such modifications will signify your acceptance of the updated terms.

 

16. Termination

Breach Monkey LLC may terminate or suspend your access to our services, with or without cause, at any time and without prior notice.

 

17. Entire Agreement

These Terms and Services constitute the entire agreement between you and Breach Monkey LLC concerning the subject matter herein and supersedes all prior or contemporaneous agreements, whether written or oral.

If you have any questions or concerns about these Terms and Services, please contact us at contactus@breachmonkey.com

 

Thank you for choosing Breach Monkey LLC as your Attack Surface Management Provider!

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The Breach Monkey Team.