Last updated: April 13, 2020
BREACH REPORT LTD (“Company” or “us”) is incorporated and registered in accordance with the laws of England and Wales having its registered office at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, bearing registration no. 12181272. The company provides a service that enables users to check whether their personal emails (or other emails issued and managed under a domain name owned by them (“Domain Owners”)) were leaked to the internet following a data breach.
You agree to our Terms by accessing or using any of Company’s present or future websites, services or platforms (collectively, the “Services”). These Terms may be amended or updated by us from time to time at our sole discretion. We will notify you of any such amendments by posting a newer version of these Terms in the website and updating the “Last updated” date.
Your continued use of any Services confirms your acceptance of our Terms, as amended from time to time. If you do not agree to our Terms, please stop using the Services. You are encouraged to review our Terms from time to time in order to make sure you are familiar with the most updated version.
Company may subcontract any of the Services to third parties provided that your rights hereunder shall not be impaired. In the event that any Services are subcontracted, we will remain the party responsible for the provision of the Services to you, unless specifically set forth in the Terms.
Company may change, remove or add any of the Services at its absolute discretion and without the need to provide prior notice of any kind.
You must use the Services only for legal, authorized and private purposes. Using the Services for unlawful purposes, for commercial purposes (unless permitted and under a subscription) or in any other way then intended and permitted by Company, may lead to your account being suspended or terminated, as well as to the initiation of legal proceedings against you.
For the avoidance of any doubt, unless you have been registered as a Domain Owner, you may only use the Services for private non-commercial purposes. This means that you can only register for yourself as a private person and not as a business or company that you operate or own. Any indication that your profile is being used for a commercial purpose without permission may lead among others to your account being suspended or terminated.
Without limiting the generality of the above, you will not (and will not allow, cause or assist others to) use the Services in ways that: (a) violate, misappropriate, or infringe the rights of Company, our users, or others, including without limitations, any privacy or data protection rights, any intellectual property rights (including moral rights), any consumer rights, etc.; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, racially, or otherwise offensive; (c) constitute fraud, making false statements or representations. FOR THE AVOIDANCE OF ANY DOUBT, YOU MAY NOT USE THE SERVICES IN CONNECTION WITH EMAIL ADDRESSES THAT ARE NOT EITHER YOUR OWN PERSONAL EMAIL ADDRESSES, OR THAT ARE ISSUED AND MANAGED UNDER A DOMAIN NAME LEGALLY OWNED BY YOU AND YOUR USE OF THE SERVICES DOES NOT BREACH ANY LICENSE OR OTHER AGREEMENT OR ANY RIGHT OF A THIRD PARTY.
Under no circumstances are you allowed to use our Services in any other way than of a natural person viewing and using the Services in the normal course of using any device, including, without limitation, browsing through online, mobile or any other technology or platform. Using robots, bots, crawlers or other automated means together with the Services or letting such means access the Services is strictly forbidden.
You will not (and will not allow, cause or assist others to) access, copy, modify, prepare derivative from, distribute, license or otherwise use the Services in ways that burden, impair, or harm us, the Services, our users or other third parties. You will not: (a) reverse engineer, modify, decompile, or extract code from the Services; (b) send or store viruses or other harmful software; (c) interfere with the performance of the Services; or (d) collect information of or about our users in any unauthorized way.
Company shall also have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and Company shall be free (during and after the term hereof) to (i) use such information and data to develop and improve (including for diagnostic and corrective purposes) the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. Company has the right, but not the obligation, to monitor the Services. You further agree that Company may remove or disable any content from the Services at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to the foregoing), or for no reason at all.
In the event that Company provides a registration process and a personal account, you are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Company reserves the right to access your account in order to respond to your requests for technical support.
Company reserves the right to bill overages, cancel your subscription, or revoke your access if the above conditions and limitations are not maintained.
We may charge various fees and commissions in connection with the provision of the Services, including, without limitations, services fees, subscription fees and other fees.
The fees and payments schemes used for the Services as well as the rules regarding how you will be charged for the Services will be the rules in effect at the time of your initial purchase of any such paid Services. However, Company may change such fees and payment schemes and rules from time to time at its sole and absolute discretion, provided that such changes shall not be retroactive.
In order to use any paid Services, you will be asked to provide us with additional registration details, including without limitations, valid credit card information or other form of payment as shall be decided by Company from time to time at its discretion.
You represent and warrant to Company that such payment information is true and that you are authorized to use the payment instrument you provided to us. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You hereby authorize Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable arrangement you agreed to until you terminate your account, and you further agree to pay any charges so incurred.
If you dispute any charges you must alert the Company within fourteen (14) days after the date that Company invoices you. Unpaid invoices are subject to a late payment charge of 2.5% per month on any outstanding balance, or the maximum permitted by law, whichever is higher, plus all expenses of collection.
Our cancellation/refund policies will always be subject to applicable law, may include cancellation fees and may change from time to time. Different cancellation/refund policies may apply to different subscriptions and to other specific Services provided by us. Cancellation/refund fees may also be determined based on the stage of the Services at the time of the cancellation/refund request, the actual expenses incurred by us in providing the Services, etc.
You shall be responsible for all taxes associated with Services other than taxes based on Company’s net income.
Breach Report may launch an affiliate program to reward Affiliates and Partners for any new customers that they refer to www.breachreport.com by properly advertising the www.breachreport.com domain through legitimate methods. All terms and conditions can be found at the permalink https://breachreport.tapfiliate.com/programs/breach-report-news-affiliate-program/tos/
You represent and warrant to Company that:
you have full power and authority to enter into the Terms;
you own all content and data provided by you in connection with the Services or have obtained all permissions, releases, rights or licenses required to engage with the Services and provide any such content and data (and allow Company to perform its obligations) in connection with the Services without obtaining any further releases or consents;
Your content and data and other activities in connection with the Service, and Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right;
You are eighteen (18) years of age or older.
Company is and shall remain the exclusive owner of intellectual property rights, including without limitations, all copyrights, trademarks, tradenames, domains, logos, trade secrets, know how, patents, inventions, and other intellectual property rights associated with the Services, including any changes, enhancement, improvements or alterations thereof.
We hereby grant you a personal, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Services, subject to and in accordance with our Terms, for the sole purpose of enabling you to use the Services, as permitted by our Terms.
You may not use our intellectual property rights, including without limitations, our trademarks, tradenames, domains and logos, unless you have our express permission which we may withhold at our discretion.
In case that you provide us with any feedback about the Services, you agree that we may use such feedback without any obligation to compensate you for it and without any limitations whatsoever.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”). You may not claim ownership of content that: (i) was known to a receiving party without restriction before receipt from the disclosing party; (ii) is publicly available through no fault of the receiving party; (iii) is rightfully received by the receiving party from a third party without a duty of confidentiality; or, (iv) is independently developed by the receiving party without reference to Your Content.
We may suspend or terminate your account without notice for any reason, including, but not limited to, a violation or a suspected violation of these Terms or the spirit of these Terms, extended periods of inactivity, fraudulent, harassing or abusive behavior, illegal or improper use of your account, illegal or improper use of the Services or behavior that is harmful to other Company users, third parties, the community ethos of our Services or our business interests - all as determined by Company in its sole discretion.
We are not required to provide you with any notice before suspending or terminating your account. In the event that we terminate your account, you may not register for the Services again without our expressed permission.
In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate.
We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior.
Please note that any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Please be advise that, other than as specifically set forth in these Terms, the Services are being provided to you on an “As Is” basis, without any express or implied warranties, and that you are only permitted to use the Services subject to the following disclaimers.
The Company does not warrant that your use of the Services will yield any results or that any results generated in connection with your use of the Services are accurate or complete. The Company shall have no liability whatsoever with respect to any such results and/or your use of such results. The Company is not responsible to any data bases used in connection with the Services, including with respect to such data bases being accurate, complete, legitimate or legal. The use of the Services is being made at your own risk and responsibility.
The Services may be interrupted, including without limitations, for performing maintenance, uploading new versions, or network or equipment failures.
Company will make best efforts to operate using secure, stable processes. You understand that the operation of the Service may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
COMPANY DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES OR FROM OTHER HARMFUL CODE. YOU RELEASE US AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (TOGETHER, THE “RELEASED PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION OR DISPUTE (TOGETHER, “CLAIMS”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY CLAIMS YOU MAY HAVE NOW OR WILL HAVE IN THE FUTURE AGAINST US OR ANY THIRD PARTIES.
YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond our reasonable control.
THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT DAMAGE, INCLUDING WITHOUT LIMITATIONS, ANY LOST PROFITS OR ANY OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THE SERVICES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY’S AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THE SERVICES WILL NOT EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTH PERIOD PRECEDING THE APPLICABLE EVENT.
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE RELEASED PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You shall defend, indemnify, and hold harmless Company from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any of Your Content, or your other access, contribution to, use or misuse of the Services.
Company shall provide notice to you of any such claim, suit or demand. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Company’s defense of such matter.
The Services may contain links to and/or be used in conjunction with other websites and services ("Third Party Sites"). Such Third Party Sites are not under the control of Company and Company is not responsible for the contents of any such Third Party Site, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site.
Company does not endorse or support any Third Party Site and the use of any such Third Party site is being made at your discretion and under your sole responsibility.
We cannot endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. We also make no guarantees about the content or quality of the products or services provided by such sites.
In using the Services, you agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You also acknowledge and agree that the Services are subject to the United States Export Administration Laws and Regulations and agree that none of the Services or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Company takes your privacy extremely seriously. We do our best to avoid unnecessary integration with third party. We do not use any third party to gather information about you and all of the information appearing in the Services is provided to us directly by Company users such as yourself.
Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
Any notice to be provided to you pursuant to these Terms may be provided to the email address or other contact information you have provided to us.
We reserve the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised Terms.
If there are any questions regarding these Terms you may contact us to the following address: [email protected].