Terms of Service

"Countermeasure" means a safeguard that addresses a threat and mitigates risk.

"Devices" means computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices.

"IP or IPs" means Internet Protocol addresses.

"Security testing" means testing for vulnerabilities in applications. "Asset" means a web and/or mobile application.

"Services" means those services offered by Indusface Inc. that are branded as "Indusface" services or that have been purchased by Customer, provided for the purposes of Application Security.

"Threat" means anything that can exploit a vulnerability and obtain, damage, or destroy an asset.

"Vulnerability" is a weakness or gap in a security program that can be exploited by threats to gain unauthorized access to an asset. "Attack (or exploit)" is an action taken to harm an asset.

"Web-site" means the Indusface Inc. systems accessible by the Internet that facilitate, provide or describe the Services.

To the extent permissible by law, Customer is ineligible to subscribe to the Services if: (1) Customer is a competitor of Indusface Inc.; (2) Customer or its employees have been convicted for any computer or Internet related crimes; (3) Customer is more than sixty (60) days past due on any monies owed to Indusface Inc.; or (4) Customer is located in a region that is prohibited from using the Services by law.

Customer agrees to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with the Services. Customer agrees not to impersonate or misrepresent its affiliation or authority to act on behalf of any person, company, or other entity. By subscribing to the Services or accepting these Terms, Customer personnel certify that they are authorized to act on behalf of the Customer.

Customer must never use or direct the Services to interact with IPs or Devices for which Customer is not expressly authorized to do so. Customer may not use any Indusface Inc. IP or Device to initiate, propagate, participate in, or direct any attack, hack, or crack, or send malicious or potentially damaging network messages to any Device. Customer must not direct bots, spiders, crawlers, or any other automated process at Indusface Inc.'s computer systems.

Any breach of the above covenants will result in immediate termination of Services and, if appropriate, referral to law enforcement authorities. Incidents must be reported to support@indusface.com.

Customer will use the Services in a responsible, business-like manner in accordance with the law. Customer is responsible for its conduct while using the Services, as well as for any content Customer posts, distributes, transmits or solicits from others while using the Services. Customer will not use the Services to distribute, transmit or solicit content that is unlawful, obscene, harmful to minors, invasive of privacy, infringes on intellectual property rights, or constitutes unauthorized commercial communications such as spam.

Customer agrees not to provide unauthorized access to the Services by: (a) allowing others to use its account; (b) creating an account for someone who is not authorized; or (c) failing to revoke access for persons who are no longer authorized. Customer will immediately notify Indusface Inc. of any unauthorized access from its account.

Under this agreement, Indusface Inc. will provide support based on the service promised as per the plan the Customer subscribes to. Any additional support must be purchased by Customer under a separate agreement.

You are responsible for procuring and maintaining the network connections that connect you to the Service(s). Your access to and use of the Service(s) may require you to use or maintain specific browser software, security certifications and other procedures that support protocols used by the Service(s).

You may not be able to access or use the Service(s) during planned downtime for upgrades and maintenance (of which Indusface will use commercially reasonable efforts to notify you in advance), or during any unavailability caused by circumstances beyond Indusface's reasonable control, such as acts of God, acts of government, acts of terror or civil unrest, technical failures beyond reasonable control, or acts undertaken by third parties including distributed denial of service attacks.

The services are provided on an "as is, as available" basis without any warranty of any kind. Customer understands that assessing computer security is highly complex and changeable, and that use of the services is at its own risk. Indusface Inc. makes no warranty that the services will find all vulnerabilities in Customer's applications or servers, or that the solutions suggested will be complete or error-free. Indusface Inc. makes no warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose in connection with the services or these Terms.

All content provided by Indusface Inc. in connection with the Services is protected under the relevant Copyright Law. Unless authorized in writing by Indusface Inc. or elsewhere in these Terms, Customer must not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Services.

By agreeing to these Terms, Customer also agrees that Indusface Inc. may collect and use Customer personnel's personally identifying information in accordance with Indusface Inc.'s Privacy Statement. Customer also agrees to make commercially reasonable efforts to avoid accessing or revealing private or personally identifying information using the Services. Indusface Inc.'s Privacy Statement is incorporated here by reference, and is subject to change from time to time at Indusface Inc.'s sole discretion.

In addition to registration information, Indusface Inc. may process and store certain information about your application and related infrastructure to provide Services and related support. Indusface Inc. services are not designed to capture or retain any personal or private information.

You agree that Indusface Inc. may: (1) use uploaded data from installed Services to improve products and services; (2) share data identified as malicious or unwanted content with worldwide affiliates and security partners; (3) use and disclose uploaded data for analysis or reporting purposes only in a way that does not identify you; (4) declare on its website that you are a customer of the Services, provided that such material shall not contain your name as the only name, unless authorized by you in writing; and (5) have reasonable access to your systems for providing the Services effectively.

Indusface shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or otherwise use any suggestions, enhancement requests, recommendations or other feedback received from you.

Unless the Customer notifies Indusface by email to marketing@indusface.com, the Customer agrees to grant Indusface a royalty-free, worldwide, transferable license to use your trademark or logo to identify you as an Indusface customer on company website(s) and/or marketing collateral.

These Service Terms incorporate the Indusface GDPR Data Processing Addendum (DPA), when the GDPR applies to Customer's use of the Indusface Services to process Customer Data (as defined in the DPA). The DPA is effective as of 10th April 2020 and replaces any previously agreed Data Processing Addendum between the Customer and Indusface relating to Directive 95/46/EC.

For queries regarding this clause, contact support@indusface.com.

If authorized as per the services purchased, Customer may display the Indusface certification image, but only through the use of the HTML source code provided by Indusface Pvt. Ltd. Customer agrees to only place this HTML code on sites that are actively being scanned by the services. The Indusface image shall at all times be served only from Indusface Pvt. Ltd.'s designated servers. Should Customer discontinue the services, Customer agrees to immediately remove all HTML source code supplied by Indusface Pvt. Ltd. from its servers.

Indusface Inc. reserves its right to provide services either on its own or through one or more of its affiliates or related parties. Nothing contained herein shall establish any privity of contract or contractual relationship between the Customer and such affiliate or related parties, and the recourse of the Customer shall be exclusively to Indusface Inc.

Any forums, chat rooms, support tools or other interactive tools associated with the Services are intended as a tool to discuss computer security issues and other business and technical issues related to the use of the Services. The interactive services are not intended to register complaints and may not be used by Customer to solicit for business. Indusface Inc. does not normally screen or edit user content or monitor interactive services, except as necessary to provide technical and customer support, but reserves the right to do so in the future.

Except as provided in Indusface Inc.'s Privacy Statement, Indusface Inc. and Customer agree, for a period of one (1) year following expiration or termination of the Services, to hold each other's Confidential Information in confidence and not to disclose it to any third party without prior written consent of the disclosing party.

"Confidential Information" means non-public, proprietary information including any information, technical data or know-how relating to discoveries, ideas, inventions, concepts, software, equipment, designs, drawings, specifications, techniques, processes, models, data, source code, documentation, business plans or opportunities, business strategies, procedures, and information related to finances, costs, prices, vendors, customers, and employees.

The obligations to protect Confidential Information shall not apply to information which: (a) is or becomes publicly known through no act or failure to act by the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure; (c) became rightfully known from a source other than the disclosing party; (d) is approved for disclosure without restriction; (e) was independently developed without use of Confidential Information; or (f) is required to be disclosed by law.

Subscription Charges: Except during free trial, all charges associated with Customer Account are due in full and payable in advance when it subscribes to the Service(s).

Payment Methods: Customer may pay Subscription Charges through credit card or other accepted payment method as specified in a Form. For credit card payments, payment is due immediately upon receipt of Company's invoice.

Refunds: Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Service(s).

Automatic Renewal: Customer agrees that subscription-based Services will automatically renew at the end of each subscription period at the then-current list price, unless Customer sends notice of non-renewal at least thirty (30) days prior to the end of the current subscription period to support@indusface.com.

Upgrades and Downgrades: Customer may upgrade or downgrade within a Service Plan. Downgrading may cause loss of content, features, or capacity. When Customer upgrades, new Subscription Charges become immediately applicable on a pro-rated basis. Upon downgrade, the customer will be offered credits for the subsisting month.

Indusface may use a third-party service provider to manage credit card and other payment processing; provided that such service provider is not permitted to store, retain or use Customer payment account information except to process credit card and other payment information for the Company. Customer must notify Indusface of any change in its credit card or other payment account information by emailing support@indusface.com.

Customer is in breach of this agreement if Customer fails to pay any amount owed to Indusface Inc. when due, or Customer fails to comply with these Terms. If Customer is in default, Indusface Inc. may: (a) declare all unpaid monies immediately due and payable; (b) terminate Services; (c) take any other lawful action deemed appropriate. Customer agrees to pay costs and reasonable attorney's fees which Indusface Inc. may incur enforcing its rights under this agreement.

Customer shall pay all sales and other taxes, however designated, which are levied or imposed by reason of the transactions contemplated hereby, except for taxes based on Indusface Inc.'s net income. Indusface Inc. reserves its right to recover such sums at any time during the period of providing Services or after its termination.

Customer agrees to indemnify, hold harmless, and defend Indusface Inc., its officers, directors, employers, agents, suppliers, licensors, and third-party information providers from and against all losses, damages, costs, and attorney's fees resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to Customer's account or Customer's use of the Services.

Customer expressly agrees that Indusface Inc. shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, or for any incidental, consequential, special, or indirect damages arising from your use of the Services, to the extent allowed by law. Customer agrees that Indusface Inc.'s liability for all causes of actions shall not exceed the monies paid to Indusface Inc. for the Services in the 12 months preceding the proper service of the cause of action.

Indusface Inc. reserves the right to modify these Terms from time to time. The modified Terms will be posted on this page. Customer agrees that its use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. Indusface Inc. also reserves the right to modify, discontinue or make temporarily unavailable the Services. Any change/modification which impacts the privacy of the customer will be notified.

Indusface Inc. may be required to send you legal notices and other communications about the Services ("Communications"). Indusface Inc. will send Communications via in-product notices or via email to your registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only.

Customer acknowledges that these Terms with the Indusface Inc.'s Privacy Statement constitute the entire agreement between Customer and Indusface Inc. Customer agrees that these terms supersede any prior agreements or statements made verbally or in writing.

Customer agrees that if any term in this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

These Terms shall be governed by the laws of the State of California without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, San Francisco County, for the purpose of resolving any dispute relating to the Terms or your access to or use of the Service(s).

Any dispute arising out of or relating to these Terms shall be determined by arbitration in San Francisco, California before three arbitrators, administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Class action and class arbitrations are not permitted.

Customer agrees that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

Customer agrees that the agreement under these Terms shall remain in effect for as long as Customer subscribes to, renews, or uses the Services. Customer agrees that this agreement can only be terminated by Customer after Customer has stopped using the Services and has paid all monies owed to Indusface Inc. Customer agrees that Indusface Inc. can terminate this agreement at any time with or without cause, if Indusface Inc. has reason to believe that Customer is violating the Terms in any way, or if the Service is permanently discontinued.