Terms of Use

1.Agreement to These Terms and Order of Precedence

You accept these Terms when you create an account, click an acceptance button, purchase or renew a subscription, sign an order or statement of work that incorporates them, access the Services, or otherwise use any part of the Services. If you do not agree, do not access or use the Services.

If you use the Services for a company, government body, educational institution, client, or other organization, you represent that you have authority to bind that organization. In that case, “you” and “Customer” include both you and that organization.

Additional terms may apply through an order form, quotation, master services agreement, statement of work, rules of engagement, data processing addendum, or other written agreement accepted by SecurSky (each, an “Order”). If there is a conflict, the following order of precedence applies unless the applicable document expressly states otherwise: (1) the Order; (2) a signed master services agreement; (3) a signed data processing addendum, solely for data-protection issues; and (4) these Terms.

2.Key Definitions

• “Authorized Target” means a domain, system, network, account, person, organization, telephone number, email address, device, dataset, or other subject that you are legally permitted to assess, investigate, query, monitor, or otherwise process through the Services.
• “Customer Data” means information, files, queries, target identifiers, instructions, materials, and other data submitted to or collected through the Services by or for Customer, excluding Usage Data.
• “Nexus Output” means search results, correlations, alerts, scores, summaries, visualizations, findings, breach references, links, reports, and other information returned or generated by Nexus.
• “Professional Services” means advisory, audit, penetration-testing, assessment, incident-preparedness, consulting, reporting, or other human-delivered services provided under an Order.
• “Usage Data” means technical, diagnostic, security, telemetry, and aggregated or de-identified information relating to operation, performance, and use of the Services.

3.Eligibility, Organizational Authority, and Customer Vetting

You must be at least 18 years old and legally capable of entering a binding contract. The Services are intended for legitimate defensive-security, risk-management, compliance, investigative, and attack-surface-reduction purposes. They are not directed to children.

Access may be conditioned on identity, organization, payment, use-case, ownership, authorization, sanctions, fraud, or other verification. You must provide complete, current, and accurate information and promptly update it. We may request supporting documents, written authorization, beneficial-owner information, proof of employment, or a description of your intended use.

We may approve, reject, limit, suspend, re-verify, or revoke eligibility at our discretion where reasonably necessary to protect individuals, customers, third parties, our infrastructure, data providers, or the integrity of the Services. Completing vetting does not create an entitlement to access.

4.Accounts, Credentials, and Authorized Users

You are responsible for all activity under your account and for ensuring that each user complies with these Terms. You must protect passwords, API keys, session tokens, multifactor-authentication methods, and other credentials; use unique credentials; maintain accurate user permissions; and notify us promptly at contact@secursky.com of suspected compromise or unauthorized access.

Accounts and credentials may not be sold, rented, sublicensed, publicly shared, or used by persons outside the subscribed organization unless an Order expressly permits it. You may not create accounts using false identities, disposable identities intended to evade controls, or information belonging to another person without authorization.

Administrators may manage organizational users and may access account activity and Customer Data associated with the organization. You are responsible for obtaining any notices or consents required for that administration.

5.Description and Evolution of the Services

SecurSky provides independent cybersecurity assessments, advisory services, and defensive-security capabilities. Nexus may allow authorized users to evaluate domains, public attack surfaces, email addresses, telephone numbers, organizations, digital identifiers, exposure indicators, publicly available information, and other supported targets. Features may include automated collection, correlation, enrichment, risk scoring, visualization, reporting, and AI-assisted summarization.

We may add, remove, replace, modify, improve, or discontinue features; change data providers; impose limits; or release beta functionality. We will use commercially reasonable efforts to avoid materially reducing paid core functionality during a current Subscription Term, but no particular third-party source, integration, result type, or feature is guaranteed unless expressly committed in an Order.

The Services do not include legal advice, regulatory certification, insurance, law-enforcement authority, background-screening certification, or a guarantee that a person, asset, or organization is safe, trustworthy, compromised, or non-compliant.

6.Your Authority and Responsibility for Every Target

Before submitting a target or requesting an assessment, you represent and warrant that you have a valid legal basis and all permissions necessary for the intended activity. Depending on the context, this may require ownership, a contract, written authorization, informed consent, a legitimate organizational security role, a lawful investigative mandate, or another legally recognized basis.

You are solely responsible for:

• defining and documenting your lawful purpose, authority, and scope;
• complying with privacy, cybersecurity, surveillance, employment, consumer-reporting, communications, data-broker, sanctions, intellectual-property, and other applicable laws;
• providing required notices and obtaining required consents;
• ensuring that use is necessary, proportionate, fair, and limited to the stated purpose;
• reviewing results before relying on or sharing them; and
• stopping use when authorization expires or is withdrawn.

We may require proof of authorization at any time. Failure to provide satisfactory proof may result in immediate suspension or termination.

7.Acceptable Use and Prohibited Conduct

You must use the Services responsibly, ethically, and in a manner that does not harm people, systems, or networks. You may not use, facilitate, instruct, or permit use of the Services to:

7.1 Unauthorized cybersecurity activity

• access, scan, probe, test, exploit, disrupt, monitor, or interfere with a system, account, network, or device without clear authorization;
• attempt credential stuffing, password spraying, account takeover, phishing, social engineering, malware delivery, persistence, denial of service, data exfiltration, or security-control bypass;
• use exposed credentials, tokens, session data, or breach-related information to authenticate or attempt authentication;
• exceed a written scope, rules of engagement, rate limit, test window, or other authorization boundary; or
• misrepresent yourself as SecurSky, a customer, a rights holder, a law-enforcement officer, or another person.

7.2 Harmful use involving people or personal information

• stalk, harass, threaten, intimidate, shame, extort, blackmail, discriminate against, or endanger any person;
• dox, publish, sell, disclose, or weaponize personal information, location information, contact information, family details, breach information, or inferred associations;
• target minors or vulnerable persons, facilitate abuse or exploitation, or locate a person for unlawful or harmful purposes;
• conduct unlawful surveillance, covert monitoring, retaliation, or invasive profiling;
• make decisions about credit, insurance, housing, employment, education, immigration, eligibility for public benefits, or another legally protected high-impact context using Nexus Output as a consumer report or as the sole or determinative basis for a decision;
• use the Services as a consumer reporting agency, furnish Nexus Output for a consumer-reporting purpose, or represent that Nexus Output complies with the U.S. Fair Credit Reporting Act or similar laws; or
• identify, re-identify, or attempt to infer sensitive personal attributes where prohibited by law or unrelated to an authorized defensive-security purpose.

7.3 Fraud, abuse, and illegal commerce

• commit or facilitate fraud, identity theft, impersonation, spam, scams, deceptive marketing, money laundering, sanctions evasion, or other unlawful conduct;
• buy, sell, broker, exchange, or request stolen credentials, access, malware, unlawfully obtained data, or illegal goods or services;
• investigate a person or entity on behalf of an undisclosed prohibited party or for an unlawful discriminatory purpose; or
• interfere with an investigation, conceal evidence, or evade lawful controls.

7.4 Platform misuse

• copy, scrape, mirror, crawl, harvest, bulk-download, or systematically extract the Services or Nexus Output except through approved functionality and within applicable limits;
• build or enrich a data-broker product, people-search directory, advertising profile, mass-marketing list, competing service, or unrelated commercial database from Nexus Output;
• reverse engineer, decompile, disassemble, discover source code or models, bypass access controls, defeat rate limits, evade usage measurement, or circumvent technical safeguards;
• use bots, scripts, browser automation, unofficial APIs, or concurrent sessions unless expressly allowed;
• upload malicious code, overload infrastructure, interfere with another user, test our security without written permission, or attempt to gain unauthorized access to the Services;
• remove notices, falsify headers, manipulate results, or imply that an unverified result is confirmed by SecurSky; or
• use the Services in violation of a third party’s terms, rights, restrictions, or applicable law.

Examples are illustrative, not exhaustive. We may issue additional acceptable-use rules or safeguards, which become part of these Terms when posted or communicated to you.

8.OSINT, Automated Analysis, and Nexus Output

Nexus may retrieve, combine, infer, rank, summarize, or display information from public web pages, technical records, user submissions, licensed sources, third-party APIs, security datasets, and automated systems. Source information can be incomplete, outdated, duplicated, incorrectly attributed, unavailable, misleading, or unlawfully published by its original source.

Accordingly:

• Nexus Output may contain false positives, false negatives, stale records, ambiguous matches, broken links, AI-generated errors, or incorrect inferences;
• a match does not prove identity, ownership, compromise, wrongdoing, intent, affiliation, vulnerability, or risk;
• absence of a result does not prove that no exposure, breach, vulnerability, or public record exists;
• risk scores and severity labels are prioritization aids, not factual or legal conclusions;
• you must independently verify material findings using appropriate sources and qualified judgment before acting; and
• you must not represent Nexus Output as certified, exhaustive, court-admissible, or independently verified unless an applicable Professional Services deliverable expressly says so.

You assume responsibility for decisions, communications, investigations, remediation, disclosures, and other actions based on Nexus Output. You should use heightened review before taking any action that could affect a person’s rights, reputation, access, safety, employment, or property.

Where output references a security breach, it is intended to help a lawful user understand potential exposure and take defensive action. The Services do not authorize access to compromised accounts and are not a source of passwords or authentication secrets.

9.Professional Cybersecurity Services

Professional Services are provided only under an Order defining scope, assumptions, schedule, deliverables, fees, dependencies, and—where relevant—rules of engagement. No penetration test, exploit validation, social-engineering activity, internal assessment, or intrusive technical testing will be authorized merely because you access the website or Nexus.

9.1 Customer responsibilities

Customer must provide accurate scoping information; obtain all permissions; identify critical systems and prohibited actions; maintain current backups; provide emergency and escalation contacts; notify relevant internal and third-party stakeholders where appropriate; and ensure that the environment is suitable for the agreed testing.

9.2 Operational risk

Authorized security testing can cause alerts, account lockouts, service degradation, data changes, instability, or other unintended effects even when conducted carefully. Customer accepts risks inherent in the authorized methodology and must disclose fragile systems, safety-critical environments, regulated workloads, and operational constraints before testing. SecurSky will follow the agreed scope and use commercially reasonable care, but cannot guarantee that authorized testing will be interruption-free.

9.3 Point-in-time nature and remediation

Assessments reflect the systems, information, threat assumptions, and test coverage available during a limited period. New vulnerabilities, configuration changes, incomplete access, environmental differences, or remediation failures may affect results. Customer remains responsible for risk acceptance, remediation, validation, patching, monitoring, compliance, and ongoing security.

9.4 Deliverables and reliance

Unless an Order states otherwise, deliverables are confidential to Customer and intended for Customer’s internal risk-management purposes. Customer may share them with its professional advisers, insurers, auditors, regulators, financing sources, and affected service providers on a need-to-know basis, provided recipients are informed of their confidential and point-in-time nature. No other third party may rely on a deliverable without SecurSky’s written consent. Summaries, excerpts, or severity ratings may not be altered or presented misleadingly.

9.5 No certification or guarantee

A successful assessment, clean result, completed remediation review, or favorable report does not certify compliance, eliminate risk, guarantee security, or promise that a breach will not occur. Unless expressly stated in an Order, SecurSky is not an auditor issuing a formal assurance opinion under accounting standards and does not act as legal counsel, regulator, insurer, or certification body.

10.Subscriptions, Usage, Credits, and Renewal

Paid Nexus access may be purchased through the website, an authorized payment page, quotation, or Order. A subscription grants a limited, non-exclusive, non-transferable, non-sublicensable right for authorized users to access the subscribed features during the stated term (the “Subscription Term”), subject to these Terms and applicable limits.

10.1 Activation

Online subscriptions normally activate after successful payment and automated or manual approval. Quoted subscriptions activate as specified in the Order or in our written acceptance. We may delay activation while completing vetting, payment verification, or security review.

10.2 Usage limits and credits

Plans may include limits on users, searches, targets, enrichments, reports, API calls, storage, concurrency, data sources, or other resources. Credits and included usage have no cash value, may be restricted by feature, and expire at the end of the applicable billing period or Subscription Term unless an Order expressly provides rollover. Unused access or credits are not refundable.

10.3 Automatic renewal

If your checkout page or Order states that a subscription renews automatically, you authorize us and our payment provider to charge the then-current recurring fees and applicable taxes using your saved payment method at the start of each renewal period until you cancel. The renewal period will ordinarily match the previous Subscription Term unless disclosed otherwise.

10.4 Cancellation

You may cancel automatic renewal before the next renewal charge through any cancellation control made available in your Nexus account or by emailing contact@secursky.com from the account owner’s registered email address with the subject “Subscription Cancellation.” Cancellation stops future renewal and normally takes effect at the end of the paid Subscription Term; access continues until then unless the account is terminated for cause. We may verify the request to prevent unauthorized cancellation.

10.5 Price or plan changes

We may change prices, features, limits, or plan structures. Changes normally apply on the next renewal and will be disclosed before the applicable charge where required by law. If you do not agree, cancel before renewal.

10.6 Trials and promotional access

Trials, pilots, promotional credits, beta access, and complimentary plans may be limited, modified, or withdrawn at any time; may not include support or all functionality; and may be subject to additional terms. If a trial converts to a paid subscription, the conversion terms and price must be disclosed before billing information is charged.

11.Fees, Billing, Taxes, Refunds, and Payment Disputes

Fees are due in the currency and according to the schedule shown at checkout or in the applicable Order. Unless stated otherwise, fees are exclusive of sales, use, value-added, withholding, and similar taxes. You are responsible for such taxes other than taxes based on our net income. If withholding is required, you must provide valid documentation and, where lawful, pay amounts necessary so that we receive the agreed net fee.

You authorize our payment processor to store and charge your payment method for purchases, renewals, usage fees, taxes, and other authorized amounts. Payment processing is subject to the processor’s terms and privacy practices. We do not generally receive full card details.

Except where an Order, an expressly stated refund policy, or applicable law provides otherwise, fees are non-cancelable and non-refundable once a paid term begins. Partial periods, unused credits, unused searches, account inactivity, data-source changes, or cancellation before the end of a paid term do not create a refund or credit.

If a charge appears incorrect, contact us within 30 days of the charge so we can investigate. You must not initiate an abusive or knowingly false chargeback. A good-faith charge dispute does not waive any legal rights. We may suspend access for overdue amounts and recover reasonable collection costs where permitted by law.

Mandatory consumer cancellation, cooling-off, refund, or renewal rights that cannot lawfully be waived remain unaffected.

12.Third-Party Sources, APIs, Integrations, and Links

The Services depend on third parties such as data providers, registries, search services, breach-notification sources, social and identity services, infrastructure providers, domain and network intelligence providers, payment processors, cloud platforms, and communications vendors. Third-party services may change, restrict, delay, block, suspend, discontinue, or return inaccurate data without notice.

We do not control and are not responsible for third-party availability, terms, acts, omissions, security, content, legality, or data accuracy. A reference or link does not imply endorsement. Your use of a third-party service may be governed by separate terms, licenses, and privacy notices, and you are responsible for complying with them.

We may replace a source or integration, reduce functionality dependent on it, or remove content when required by a provider, law, court order, security concern, or rights holder. Such changes do not constitute breach if the core subscribed service remains materially available, subject to any express commitment in an Order.

13.Customer Data, Processing License, and Retention

As between you and SecurSky, you retain rights in Customer Data. You grant us and our service providers a worldwide, non-exclusive, limited license to host, copy, transmit, query, transform, correlate, display, secure, and otherwise process Customer Data as necessary to provide, maintain, support, protect, and improve the Services; comply with law; enforce these Terms; and prevent fraud or abuse.

You represent and warrant that:

• you have all rights and lawful bases needed to submit and process Customer Data;
• Customer Data and your instructions do not violate law, confidentiality obligations, contractual restrictions, intellectual-property rights, privacy rights, or these Terms;
• you will not submit passwords, private keys, authentication tokens, special-category information, government identification numbers, payment-card data, medical records, or other highly sensitive information unless expressly supported and authorized; and
• you have provided any notices and obtained any consents required for our processing and third-party enrichment.

You are responsible for maintaining your own copies of Customer Data and exports. Unless an Order states otherwise, the Services are not an archival, evidentiary-preservation, or backup service. After expiration or termination, we may disable access and delete Customer Data according to our retention practices, legal obligations, security requirements, and backup cycles.

We may generate Usage Data and use it to operate, secure, analyze, and improve the Services, provided we do not disclose it in a manner that directly identifies Customer or an individual except as permitted by our Privacy Policy or law.

14.Privacy, Data Protection, and Compliance Responsibilities

Our collection and use of personal information are described in the SecurSky Privacy Policy, which is incorporated into these Terms. If a signed data processing addendum applies, it governs the processing covered by that addendum.

Depending on your use, you may act as a controller, business, employer, investigator, security provider, or other regulated party. You are responsible for determining and documenting your role and for complying with applicable requirements relating to purpose limitation, data minimization, transparency, lawful basis, individual rights, retention, cross-border transfers, security, and breach response.

You must not use Nexus to avoid a data subject’s lawful rights, to collect more information than reasonably necessary, or to retain output longer than needed. Where law requires deletion, correction, restriction, or objection handling, you are responsible for applying it to copies you control and informing recipients where required.

If you believe Nexus Output includes personal information that is inaccurate, unlawfully displayed, or creates an urgent safety risk, contact contact@secursky.com with sufficient detail for us to assess the request. We may need to verify identity, authority, and jurisdiction.

15.Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential, including security findings, reports, credentials, product plans, pricing, technical information, and Customer Data. It excludes information that the receiving party can document: (a) is publicly available without breach; (b) was already lawfully known without restriction; (c) was independently developed without use of the other party’s Confidential Information; or (d) was lawfully received from a third party without confidentiality duty.

The receiving party will use Confidential Information only to exercise rights and perform obligations relating to the Services, protect it with at least reasonable care, and disclose it only to personnel, affiliates, advisers, and service providers who need to know and are subject to appropriate obligations. A receiving party may disclose information when legally required if, where lawful, it gives prompt notice and reasonable assistance to seek protective treatment.

Each party may seek injunctive relief for actual or threatened misuse of Confidential Information. Additional confidentiality terms in an Order control if they conflict with this section.

16.Intellectual Property and Deliverable Rights

SecurSky and its licensors own the Services, platform, software, source code, models, interfaces, workflows, designs, documentation, methods, templates, taxonomies, trademarks, logos, and all related intellectual-property rights. Except for the limited access rights expressly granted, no rights are transferred to you.

You may not use the SecurSky name, logo, report format, marks, or branding without written permission, except for accurate internal identification of the Services. You may not imply endorsement, partnership, certification, or approval.

After full payment, Customer may use final Professional Services deliverables for the purposes and recipients permitted by the applicable Order and Section 9.4. Unless an Order expressly assigns ownership, SecurSky retains ownership of pre-existing materials, tools, templates, methodologies, know-how, generic findings, and improvements. Customer receives a perpetual, non-exclusive license to use any such embedded materials solely as part of the paid deliverable for its internal business, security, compliance, and governance purposes.

Third-party content and Nexus Output may be subject to separate rights and restrictions. These Terms do not grant you ownership of source data or a right to republish it.

17.Feedback and Product Suggestions

If you voluntarily provide ideas, suggestions, requests, corrections, or other feedback about the Services, you grant SecurSky a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use and incorporate that feedback without restriction or compensation. This does not transfer ownership of Customer Data or confidential deliverables.

18.Security, Vulnerability Reports, and Service Integrity

We use administrative, technical, and organizational measures designed to protect the Services. No online service, transmission, integration, or storage method is completely secure, and we do not guarantee that unauthorized access, data loss, or service incidents will never occur.

You must not test the security of SecurSky systems without advance written authorization. To report a suspected vulnerability, email contact@secursky.com with the subject “Security Vulnerability Report”, avoid privacy violations or disruption, do not access data beyond what is necessary to demonstrate the issue, and allow reasonable time for remediation before disclosure.

You must maintain reasonable security for your devices, integrations, exports, users, and stored Nexus Output. You are responsible for losses caused by compromised Customer systems or credentials except to the extent directly caused by our breach of an applicable obligation.

19.Monitoring, Abuse Prevention, and Cooperation

To protect the Services and third parties, we may monitor and log account activity, targets, usage patterns, exports, API behavior, authentication events, and suspected abuse, subject to our Privacy Policy and applicable law. We may use automated and manual controls to enforce rate limits, detect anomalous use, prevent fraud, investigate complaints, and preserve evidence.

We may require explanations, proof of authority, or remediation of risky conduct. We may block particular targets, queries, sources, outputs, countries, users, or technical methods. We may preserve and disclose relevant information when reasonably necessary to comply with law, respond to valid legal process, protect rights or safety, investigate fraud or security incidents, or enforce these Terms.

Where legally permitted and operationally appropriate, we may notify an affected customer, target, data provider, platform, or authority of credible abuse or an imminent threat.

20.Suspension, Termination, and Effect of Termination

You may stop using the Services at any time and may cancel renewal as described in Section 10. We may suspend, restrict, or terminate access immediately if we reasonably believe that:

• you breached these Terms, an Order, or law;
• your use presents a security, legal, reputational, operational, or safety risk;
• you lack authority for a target or fail vetting;
• your account is compromised, fraudulent, abusive, or associated with prohibited activity;
• fees are overdue or a payment is reversed;
• a provider, court, regulator, authority, or rights holder requires action; or
• continuing service is impracticable due to third-party withdrawal, sanctions, force majeure, or discontinuation.

Where reasonable, we will provide notice and an opportunity to cure, but we are not required to do so for urgent risk, suspected illegality, repeated breach, nonpayment, or conduct that could harm others.

Upon termination, your access rights end and you must stop using the Services and delete SecurSky confidential materials and unlawfully retained Nexus Output. Accrued payment obligations survive. Sections that by nature should survive—including authorization, acceptable use, payment, confidentiality, intellectual property, disclaimers, liability, indemnity, disputes, and general provisions—remain effective.

Termination for breach does not entitle you to a refund. If we terminate a prepaid subscription for convenience unrelated to your breach, we will provide a pro-rata refund of prepaid fees for the unused period, unless an Order provides a different remedy.

21.Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, NEXUS OUTPUT, BETA FEATURES, THIRD-PARTY CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SECURSKY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SECURITY, AVAILABILITY, AND RESULTS.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, CURRENT, SECURE, OR COMPATIBLE; THAT DEFECTS WILL BE CORRECTED; THAT ANY SOURCE OR INTEGRATION WILL REMAIN AVAILABLE; THAT OUTPUT WILL IDENTIFY EVERY RISK OR MATCH THE CORRECT PERSON OR ASSET; OR THAT USE OF THE SERVICES WILL PREVENT AN INCIDENT, SATISFY A LAW OR FRAMEWORK, OR PRODUCE A PARTICULAR BUSINESS OUTCOME.

No oral or written information creates a warranty unless expressly included in a signed Order. You are responsible for evaluating whether the Services are suitable for your use and for implementing appropriate independent verification, professional review, safeguards, backups, monitoring, and remediation.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted by law.

22.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECURSKY, PB TECH LLC, THEIR AFFILIATES, LICENSORS, PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, OR ANTICIPATED SAVINGS; LOSS, CORRUPTION, OR EXPOSURE OF DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; PERSONAL OR REPUTATIONAL HARM; OR DAMAGES ARISING FROM A THIRD-PARTY SOURCE, SECURITY INCIDENT, FALSE POSITIVE, FALSE NEGATIVE, OR DECISION BASED ON OUTPUT—EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECURSKY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, AND ALL RELATED ORDERS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO SECURSKY FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. FOR FREE SERVICES, THE CAP IS US$100. FOR A CLAIM ARISING SOLELY FROM A PROFESSIONAL SERVICES ORDER THAT EXPRESSLY STATES A DIFFERENT CAP, THAT CAP CONTROLS.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. Multiple claims do not enlarge the cap. The parties acknowledge that fees reflect this allocation of risk.

Nothing in these Terms limits liability to the extent it cannot be limited by applicable law, which may include liability for fraud, willful misconduct, or death or personal injury caused by negligence in certain jurisdictions. Mandatory statutory rights remain unaffected.

23.Your Indemnification Obligations

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless SecurSky, PB Tech LLC, their affiliates, providers, and their officers, directors, employees, contractors, and agents from claims, investigations, demands, losses, liabilities, judgments, penalties, damages, and reasonable legal fees arising out of or relating to:

• your Customer Data, targets, instructions, exports, disclosures, or use of Nexus Output;
• your lack of authority, consent, legal basis, or required notice;
• your violation of these Terms, an Order, law, or third-party rights;
• harm to a person, organization, network, system, or account caused by your acts or omissions;
• use by your users, clients, contractors, or anyone accessing through your account; or
• a dispute between you and a target, employee, customer, regulator, rights holder, or other third party.

We will provide reasonable notice of a covered claim, allow you to control the defense with qualified counsel, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by, imposes obligations on, or fails to fully release an indemnified party without our written consent. We may participate with our own counsel at our expense.

24.Export Controls, Sanctions, and Anti-Corruption

You may not access, use, export, re-export, transfer, or provide the Services in violation of United States or other applicable export-control, sanctions, embargo, or trade laws. You represent that you are not located in, ordinarily resident in, organized under the laws of, or acting for a jurisdiction or party subject to applicable comprehensive restrictions; and that you are not listed on, owned or controlled by, or acting for a restricted party.

You may not use the Services for prohibited military, intelligence, weapons, surveillance, cyber-offensive, or other restricted end uses or end users. You must not use a VPN, proxy, intermediary, false identity, or payment method to evade geographic, sanctions, vetting, or export restrictions.

You will comply with applicable anti-bribery and anti-corruption laws and will not offer anything of value to improperly influence a decision relating to the Services. We may conduct screening, block access, reject payment, or require additional information to manage these obligations.

25.Governing Law, Informal Resolution, Arbitration, and Class Waiver

25.1 Governing law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

25.2 Mandatory informal dispute process

Before filing a claim, the complaining party must send a written notice describing the claimant, account, facts, legal basis, and requested relief. Notices to SecurSky must be emailed to contact@secursky.com with the subject “Legal Notice of Dispute.” The parties will attempt in good faith to resolve the dispute for at least 30 days. Limitation periods are tolled during that process.

25.3 Binding individual arbitration for U.S. users

Except for excluded claims below, any dispute involving a user or Customer located in, organized in, or principally operating from the United States that is not resolved informally will be finally resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules for an individual consumer and Commercial Arbitration Rules for other Customers, as modified by this section. The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement.

The arbitration will be conducted by one neutral arbitrator in English. It may be conducted by video, telephone, written submissions, or in person as the applicable rules and arbitrator permit. Unless required otherwise by applicable consumer rules, the seat will be Wilmington, Delaware. The arbitrator may award the same individual remedies a court could award, but only to the extent necessary to resolve the individual claim.

25.4 Excluded claims

Either party may bring an individual claim in small-claims court if eligible. Either party may seek temporary or injunctive relief in a court of competent jurisdiction to prevent unauthorized access, misuse, security threats, intellectual-property infringement, breach of confidentiality, or imminent harm. Claims that by law cannot be arbitrated are excluded only to that extent.

25.5 Class-action and jury-trial waiver

DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OF DIFFERENT PERSONS WITHOUT ALL PARTIES’ WRITTEN CONSENT. TO THE EXTENT A DISPUTE PROCEEDS IN COURT, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES TRIAL BY JURY.

25.6 Arbitration opt-out

You may opt out of Sections 25.3–25.5 by emailing contact@secursky.com within 30 days after first accepting these Terms. The notice must include your full name, account email, organization (if applicable), and an unambiguous statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.

25.7 Court jurisdiction where arbitration does not apply

For a dispute not subject to arbitration—including a valid opt-out, a non-U.S. dispute, or a provision found unenforceable—the parties consent to the exclusive jurisdiction and venue of the state courts located in Delaware and the United States federal courts with jurisdiction over Delaware, unless mandatory law gives a consumer the right to bring a claim elsewhere.

25.8 Time limit to bring claims

To the extent permitted by law, any claim must be filed within one year after the claimant knew or reasonably should have known of the facts giving rise to it, or it is permanently barred. This limit does not apply where mandatory law requires a longer period.

26.General Provisions

26.1 Electronic communications

You consent to receive agreements, notices, invoices, disclosures, and other communications electronically, including by email, account notification, or posting within the Services. You must maintain a current email address. Electronic communications satisfy legal writing requirements to the extent permitted by law.

26.2 Changes to these Terms

We may update these Terms to reflect changes in law, risk, features, business practices, or providers. The updated version will state a new effective date. For material changes, we will provide reasonable notice through the Services, email, or another appropriate method. Changes apply prospectively when effective. If you do not agree, you must stop using the Services and cancel renewal. Continued use after the effective date constitutes acceptance, except where law requires affirmative consent.

26.3 Assignment

You may not assign or transfer these Terms, an Order, an account, or any rights without our prior written consent. We may assign them to an affiliate or in connection with a merger, financing, reorganization, sale of assets, or transfer of the relevant business. Any prohibited assignment is void.

26.4 Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, war, terrorism, civil unrest, labor dispute, epidemic, utility or internet failure, cloud or provider outage, cyberattack, government action, sanctions change, or failure of third-party infrastructure, except that force majeure does not excuse payment obligations already due.

26.5 No agency or third-party beneficiaries

The parties are independent contractors. These Terms do not create employment, partnership, franchise, fiduciary, agency, or joint-venture relationships. Except for indemnified parties and as expressly stated, there are no third-party beneficiaries.

26.6 Notices

We may send operational or legal notices to your registered email, account, or the Services. Formal legal notices to SecurSky must be sent to contact@secursky.com with a clear subject identifying the notice. Notices are effective when received, except as otherwise required by law or an Order.

26.7 Severability and waiver

If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective. If the class-action waiver is found unenforceable as to a particular claim and cannot be severed, only that claim will proceed in court. A failure to enforce a provision is not a waiver.

26.8 Entire agreement and interpretation

These Terms and incorporated Orders are the entire agreement regarding their subject and replace prior or contemporaneous discussions, proposals, and representations. Headings are for convenience. “Including” means “including without limitation.” Any ambiguity will not be construed against a party merely because it drafted the language. An English-language version controls to the extent permitted by law.

27.Contact Information

For subscription cancellation, privacy or safety requests, security reports, and legal notices, use the specific subject lines stated in these Terms so the request can be routed appropriately.