We recommend that you print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or AppBugs.co in accordance with paragraph 11.
It is important that you read the entirety of and understand this document.
4. DESCRIPTION OF SERVICES: AppBugs, Inc. offers the Security Services to allow you to detect potential data security breaches.
a. What We Do: We find, obtain and compile account information that has been previously compromised and exposed by third parties (the “Compromised Account Information”). We then share the Compromised Account Information with you so that you can take any necessary steps to protect yourself and your customers. By creating an account on our website, you may search our Compromised Account Information database and view all accounts linked to you or your business. For each account, the following data will be displayed, if we have it: (1) user name; (2) password; (3) date the data was compiled; and (4) the source of the data.
b. Consumer Service: You may query our database using your email account(s) information to determine if any of your accounts have been breached.
c. Business Domain Service: You may query our database with your business domain name to determine if any of your employees’ or customers’ information has been compromised or is at risk of being compromised. You may also use the complete Compromised Account Information, including any passwords, to determine if the data can be used to log in to your employees’ or customers’ accounts. You may then, solely at your option, notify your employees or customers that their accounts have been compromised, initiate automatic password reset procedures, or take any other lawful action in your discretion.
d. Business Email Service: You may query our database using your company’s employees’ or customers’ email addresses, anonymized at your discretion (by obscuring the first to fourth characters).
e. What We Do Not Do: AppBugs, Inc. does not illegally access data via unlawful electronic means. AppBugs, Inc. does not sell Compromised Account Information to any party. AppBugs, Inc. does not use the Compromised Account Information for any purpose other than the Security Services described herein.
f. Data Security: Appbugs, Inc. only allows queries of its database by those who possess a security token or have signed up for any of its Services. Only companies who have contacted Appbugs, Inc. and provided their contact information will receive tokens.
5. 30-DAY TRIAL USE OF SERVICES: AppBugs, Inc. may offer the Security Services described in Section 4 available to you for 30 days free of charge, subject to the terms in Section 6 below. If you find the Security Services useful, we invite you to contact us directly to enter into a Service Agreement. Free trials are offered at AppBugs, Inc.’s sole discretion and may not be available in all jurisdictions or to all users.
6. LICENSE GRANT: Subject to your compliance with these Terms, all Security Services are licensed to you and not sold. AppBugs, Inc. grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use the Security Services solely for your personal or internal business purposes. You may use the AppBugs, Inc. Security Services without limitation for 30-days, after which your password and access will be deactivated. You may not and you agree not to:
a. sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Security Services;
b. reverse engineer or emulate the business processes of the AppBugs, Inc. Security Services.
c. engage in any of the following activities involving the security and integrity of the AppBugs, Inc. Security Services: (i) access, tamper with, or use non-public areas of the Security Services, AppBugs, Inc.’s computer systems, or the technical delivery systems of AppBugs, Inc.’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Security Services by any means (automated or otherwise) other than through currently available interfaces provided by AppBugs, Inc. to you; (iv) forge any portion of the communication channels involved in the Security Services, or forge any TCP/IP packet header or any part of the header information in any communication, if applicable, or in any way use the Security Services to send altered, deceptive, or false source-identifying information; or (v) interfere with, or disrupt—or attempt to do so—the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Security Services, or by scripting the creation of communications in such a manner as to interfere with or create an undue burden on the Security Services.
d. When you submit User Data to AppBugs, Inc., you hereby grant to AppBugs, Inc., a non-exclusive, royalty-free, worldwide license to use the User Data to effectuate the Security Services.
e. Third Party Notices. The Security Services and AppBugs, Inc. Websites may include third party code that AppBugs, Inc., not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.
7. RESERVATION OF RIGHTS: The Security Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of AppBugs, Inc. or its subsidiaries or affiliated companies and/or third- party licensors. Except for the express license granted to you, no right, title, interest or license to the Security Services is granted to you, whether by implication, or otherwise.
8. USER DATA: The Security Services may allow the submission of content and materials by you (“User Data”), and the hosting and storing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting such Data. AppBugs, Inc. assumes no responsibility whatsoever in connection with or arising from User Data. AppBugs, Inc. does not endorse and has no control over the content of User Data submitted by other Users. AppBugs, Inc. reserves the right to prevent you from submitting User Data and to restrict or remove User Data for any reason at any time.
a. User Account: Prior to your first use of the Security Services, you will be asked to create a User Account. You will be able to create your own password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. AppBugs, Inc. takes no responsibility for your failure to comply with the obligations in this paragraph.
b. Lawful Use: You must use the AppBugs, Inc. Security Services in accordance with all applicable local, national, or international laws. It is your responsibility to ensure that your use of Appbugs, Inc. Security Services is legal.
c. Sole Liability: You agree that you are solely responsible and liable for any damages you cause to any person or entity as a result of your use of the Appbugs, Inc. Security Services.
d. Ineligible Parties: You are ineligible to subscribe to the Services if you are a competitor of AppBugs, Inc. or of any of the Security Services, have been convicted of any computer- or Internet-related crime within the last 5 years, are more than 10 days past due on any monies owed to AppBugs, Inc., or are located in a jurisdiction with laws or regulations that prohibit the use of AppBugs, Inc. Security Services.
e. Prohibited Uses: In addition to the prohibited actions described in Section 2 above, you may not:
i. send unsolicited communications (also referred to as “SPAM”) or any communication not permitted by applicable law or use the Security Services for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
ii. expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
iii. use the Services to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
iv. use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
v. impact or attempt to impact the availability of the Security Services for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
vi. use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Security Services;
vii. send any commercial marketing messages of any kind, particularly unsolicited commercial communications;
11. TERMINATING YOUR RELATIONSHIP WITH APPBUGS, INC.: Should you wish to terminate your relationship with AppBugs, Inc., the following terms apply:
a. User Termination: You may terminate your relationship with AppBugs, Inc. at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Services and cancelling any recurring payments.
b. AppBugs, Inc. Termination: AppBugs, Inc. may terminate its relationship with you, or may terminate or suspend your use of your User Account(s) at any time and without recourse to the courts if:
i. you are in breach of these Terms;
ii. AppBugs, Inc. reasonably suspects that you are using the Services to break the law or infringe third party rights;
iii. AppBugs, Inc. reasonably suspects that you are trying to unfairly exploit or misuse any of our policies.
iv. AppBugs, Inc. reasonably suspects that you are using our Services fraudulently or that your User Account is being used by a third party fraudulently;
v. AppBugs, Inc. is required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate.
c. Mechanism of Termination: AppBugs, Inc. shall effect such termination by preventing your access to your User Account and the Security Services. We reserve the right to cancel User Accounts that have been inactive for more than sixty days.
d. Consequences of Termination: When your relationship with AppBugs, Inc. is terminated, 1. all licenses and rights to use the Services shall immediately terminate; and 2. you will immediately cease any and all use of the Services.
12. EXCLUSION OF WARRANTIES, INDEMNITY, AND LIMITATION OF LIABILITY
. No Warranties – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SECURITY SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH THE Security Services ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. APPBUGS, INC., AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. APPBUGS, INC. FURTHER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE SECURITY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR THAT THE SECURITY SERVICES WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
a. Indemnification; Hold Harmless: You agree to indemnify, defend, and hold harmless AppBugs, Inc., its affiliated companies, and its suppliers and partners from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the Security Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. AppBugs, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
b. Limitation of Liability and Damages: TO THE EXTENT PERMITTED BY APPLICABLE LAW, APPBUGS, INC. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE SECURITY SERVICES, EVEN IF APPBUGS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SECURITY SERVICES IS TO IMMEDIATELY DEACTIVATE YOUR ACCOUNT AND CEASE USING ALL SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APPBUGS, INC. EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID APPBUGS, INC., IF ANY, IN THE PAST 30 DAYS FOR THE SERVICES GIVING RISE TO YOUR CLAIMS.
CONSUMER RIGHTS: You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit AppBugs, Inc. to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to EXCLUSION OF WARRANTIES, INDEMNITY, AND LIMITATION OF LIABILITY.
DMCA NOTICE: AppBugs, Inc. respects the intellectual property rights of others and expects and requires users of the Service to do the same. We reserve the right to remove User Data or any generated content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, AppBugs, Inc. may also terminate a user’s account if the user is a repeat infringer. Our designated copyright agent under the DMCA for notice of alleged copyright infringement appearing on or being distributed with the Security Services is:
AppBugs, Inc. Copyright Agent
c/o Jake Bernstein, Newman Du Wors
2101 Fourth Avenue, Suite 1500
Seattle, WA 98121
. Electronic Communications. You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with AppBugs, Inc..
a. Entire Agreement. These Terms constitute the entire agreement between you and AppBugs, Inc. with respect to your use of the Services and replace any prior agreements between you and AppBugs, Inc. with respect to the Services.
b. Severability. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
c. Waiver. The failure by AppBugs, Inc. to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of AppBugs, Inc.’s right or remedy. If AppBugs, Inc. waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
d. Assigns. You may not assign these Terms or any rights or obligations contained in them. AppBugs, Inc. may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
e. Force Majeure. You acknowledge and agree that if AppBugs, Inc. is unable to provide the Services as a result of a force majeure event, AppBugs, Inc. will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of AppBugs, Inc.
f. Choice of Law. These Terms shall be governed by and interpreted in accordance with the laws of Washington and shall be subject to the jurisdiction of the courts of the district of Seattle, Washington.
CHANGES TO THE TERMS: AppBugs, Inc. may make changes to these Terms from time to time. AppBugs, Inc. will publish the changes on the AppBugs, Inc. website. The changes will be effective when published. Please review the Terms on a regular basis, as you agree to be bound by any changes to the Terms when you continue to use the Security Services after those changes are published. If you do not agree with the modified Terms, you may terminate your relationship with AppBugs, Inc.
17. DISPUTES AND ARBITRATION AGREEMENT
c. If you are seeking an amount less than $10,000, you may choose to have your arbitration conducted telephonically. Moreover, you are responsible for a maximum of $250 of the cost of any arbitration arising under these rules. All other costs shall be borne by AppBugs, Inc.
© AppBugs, Inc. – Last updated: June 2016