Introduction
These Terms and Conditions (“Agreement”) govern your use of emailSONAR’s services (“Service”). By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions contained herein, you must immediately cease using the Service.
Service Description
emailSONAR is an email threat detection service that provides reports on potential risks associated with emails. Our goal is to identify and notify users of malicious activity, including but not limited to phishing, malware, and other cyber threats.
Service Provided on an “At-Best” Basis
emailSONAR is committed to providing accurate and timely reports. However, by using the Service, you acknowledge and agree that:
– The Service is provided on an “at-best” basis.
– While we make every effort to provide reliable and accurate results, we cannot guarantee the accuracy, completeness, or timeliness of the reports.
– The nature of email threats is continually evolving, with malicious actors frequently changing their methods and strategies. Although emailSONAR strives to stay up-to-date with emerging threats, we cannot guarantee the identification or detection of all potential threats.
Limitation of Liability
Under no circumstances shall emailSONAR, its affiliates, directors, officers, employees, or agents be held liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the Service, including but not limited to loss of data, profits, or any other commercial damages or losses, even if advised of the possibility of such damages.
Use of Data
By using the Service, you acknowledge and agree that:
– Any data or information provided to emailSONAR in connection with the Service may be logged, stored, and used for analysis purposes.
– emailSONAR reserves the right to utilize such data to improve the Service, including training and enhancing our artificial intelligence systems.
– emailSONAR will take commercially reasonable measures to protect your data in accordance with our Privacy Policy, but does not guarantee the confidentiality or security of the data provided.
Arbitration and Dispute Resolution
Any disputes, claims, or controversies arising out of or relating to the use of the Service, this Agreement, or any breach thereof, shall be resolved exclusively by arbitration, administered by an arbitrator of emailSONAR’s choosing.
– The arbitration shall be conducted in accordance with the rules and regulations of the arbitrator, and the venue for arbitration shall be selected by emailSONAR.
– The user agrees to bear the full cost of the arbitrator’s fees and associated expenses.
– Any decision rendered by the arbitrator shall be final and binding on both parties, and judgment may be entered thereon in any court of competent jurisdiction.
Indemnification
You agree to indemnify, defend, and hold harmless emailSONAR, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of this Agreement, or your violation of any applicable laws or regulations.
Modification of Terms
emailSONAR reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. Any changes will become effective upon posting the revised version on our website. Your continued use of the Service after such posting constitutes acceptance of the modified terms.
Governing Law
This Agreement and your use of the Service shall be governed by and construed in accordance with the laws of the jurisdiction in which emailSONAR is based, without regard to its conflict of law provisions.
Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
Entire Agreement
This Agreement constitutes the entire understanding between you and emailSONAR concerning the subject matter herein and supersedes all prior discussions, agreements, or understandings of any kind.
By using emailSONAR’s services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
Disclaimer of Warranties
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. emailSONAR expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of the course of dealing or usage of trade. emailSONAR does not warrant that:
– The Service will meet your specific requirements or expectations;
– The Service will be uninterrupted, timely, secure, or error-free;
– The results obtained from the use of the Service will be accurate, complete, or reliable;
– Any errors in the Service will be corrected.
Limitation of Liability
In no event shall emailSONAR’s total cumulative liability to you for any and all claims arising from or related to the use of the Service exceed the amount you have paid to emailSONAR for the Service during the 12 months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, strict liability, or any other legal theory, even if emailSONAR has been advised of the possibility of such damages.
No Guarantee of Availability
emailSONAR makes no guarantee as to the availability, performance, or uptime of the Service. The Service may be temporarily unavailable for scheduled maintenance or due to unexpected issues such as technical failures or cyberattacks. emailSONAR shall not be liable for any loss or damage caused by the unavailability of the Service.
User Responsibilities and Compliance
By using the Service, you represent and warrant that:
– You are solely responsible for the content of the emails or data you submit to the Service, including its legality, reliability, and appropriateness.
– You shall not use the Service for any unlawful or prohibited purposes, including but not limited to transmitting harmful, fraudulent, or malicious code.
– You will comply with all applicable laws, rules, and regulations when using the Service.
Force Majeure
emailSONAR shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, cyberattacks, technical failures, or other unforeseen events (“Force Majeure Events”).
Termination
emailSONAR reserves the right to terminate or suspend your access to the Service at its sole discretion, without notice, for any conduct that emailSONAR, in its sole discretion, believes violates this Agreement or is harmful to the interests of emailSONAR or other users. Upon termination, all provisions of this Agreement which by their nature should survive termination shall remain in effect.
Intellectual Property Rights
All intellectual property rights in and to the Service, including but not limited to software, algorithms, reports, data, and trademarks, are and shall remain the exclusive property of emailSONAR and its licensors. You agree not to reproduce, distribute, or create derivative works of the Service without emailSONAR’s prior written consent.
No Assignment
You may not assign, transfer, or sublicense your rights or obligations under this Agreement without emailSONAR’s prior written consent. Any attempted assignment in violation of this provision will be null and void.