1. General Applicability.

Please read these Terms of Use (the “TOU”) carefully before using this or any other ID Agentwebsite (the “Websites”). By accessing and using the Websites, you acknowledge and agree to abide by the TOU. If you do not agree to the TOU, do not use the Websites. This TOU applies to all visitors and users of the Websites.

2. Limited License and Ownership.

ID Agent hereby authorizes you to copy materials published by ID Agent on the Websites solely for non-commercial use within your organization in support of ID Agent products and services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of ID Agent or any third party.

ALL CONTENT ON THE WEBSITES IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE WEBSITES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ID AGENT. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE WEBSITES FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

You acknowledge and agree that ID Agent owns all legal rights, title and interest in and to the Websites and content contained therein, including any ID Agent trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide trademark and copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without ID Agent’s prior written permission. Except as expressly provided herein, ID Agentdoes not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

3. Privacy And Protection Of Information.

See ID Agent’s Privacy Policy relating to the collection and use of your information.

4. Compliance With Applicable Laws; Export Control Laws.

User access to the Websites is governed by all applicable laws, rules and regulations. All information available on the Websites is subject to export control laws. You agree to use the Websites and post, publish or disseminate information in relation thereto in strict compliance with all laws, rules and regulations.

All ID Agent products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

5. Trademarks.

ID Agent, the ID Agent logo and additional trademarks and service marks listed on the Websitesare marks owned by or licensed to ID Agent; ID Agent reserves all rights in such ID Agentmarks.  Brand and product names listed on the Websites may be trademarks of others, and are the property of such other owners.

6. General Disclaimer and Indemnity.

Although ID Agent has attempted to provide accurate information on the Websites, ID Agentassumes no responsibility for the accuracy of the information. ID Agent may change the programs, services or products mentioned at any time without notice. Mention of non-ID Agentproducts or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

You acknowledge that temporary interruptions in the availability of the Websites may occur from time to time as normal events. ID Agent takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Websites. The content at the Websites may be out of date, may refer to products, programs or services that are not or are no longer available in your geographic location, or may include technical inaccuracies or typographical errors. The Websites are made available internationally and may contain references to products, programs and services of ID Agent and/or its suppliers that are not available in your location. Such references do not imply that ID Agent or its suppliers intend to make available such products, programs or services in your location.

ALL INFORMATION PROVIDED ON THE WEBSITES ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ID AGENT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ID AGENT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR ANY ID AGENT SOFTWARE OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ID AGENTOR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Upon the request of ID Agent, you agree to defend, indemnify and hold harmless ID Agent and its suppliers, affiliates, and their representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the Websites.

7. Links to Third Party Sites.

The Websites may contain links to third party sites. Access to any other Internet site linked to the Websites is at the user’s own risk and ID Agent is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. ID Agent provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

8. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Websites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Websites may be subject to prosecution. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the Websites. ID Agent is not liable for any unauthorized use of any accounts you establish through the Websites (e.g., through ID Agent’s online support-related services) by you, your employees, agents or anyone else.

9. Submissions.

With the exception of purchase information required for the purchase of Software and Services, ID Agent does not want to receive confidential or proprietary information through its Websites.

Any information sent to ID Agent, with the exception of information requested by ID Agentduring the process of your purchasing ID Agent products and services, will be deemed NOT CONFIDENTIAL and NOT PROPRIETARY. You grant ID Agent a perpetual, royalty free, paid up, unrestricted, irrevocable license to display, use, modify, perform, create derivative works, sublicense, reproduce, transmit, and distribute any information you send ID Agent, for any and all commercial and non-commercial purposes.

You also agree that ID Agent is free to use any ideas, concepts, or techniques that you send ID Agent for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.

You are prohibited from posting or transmitting to or from the Websites any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws, rules or regulations. However, if such communications do occur, ID Agent will have no liability related to the content of any such communications.

It is neither the policy nor a practice of ID Agent to review or monitor areas on the Websites where users may transmit or post communications, including bulletin boards, chat rooms, and user forums to determine that such communications comply with this TOU and applicable laws, rules and regulations; however, ID Agent reserves the right to review such communications but has no such obligation. ID Agent shall have no responsibility or liability for the content of any communications posted to the Websites, nor for any errors or violations of any applicable laws, rules or regulations.

10. Copyright Policy.

You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account, deny access to a Website or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.

Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide us written notice at [email protected] with the following information: (1) A description of the copyrighted work or other work that you claim has been infringed; (2) A description of where the material that you claim is infringing is located on our Website, networks or other repositories; and (3) Your address, telephone number, and email address.

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

11. Miscellaneous.

ID Agent makes no representation that content in the Websites are appropriate or available for use in any location, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Websites from any location do so on their own initiative and are responsible for compliance with applicable local laws. This TOU constitutes the entire agreement between you and ID Agent, LLC (or as applicable its licensors or licensees “ID Agent”) and governs your use of the Websites. The TOU and all related documents be written and interpreted in the English language. The TOU and the relationship between you and ID Agent shall be governed by the laws of the State of New York, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located in New York County, New York. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. In the case of any violation of these rules and regulations, ID Agent reserves the right to seek all remedies available by law and in equity for such violations. ID Agent may revise this TOU at any time by updating this posting. You should visit this page from time to time to review the then-current TOU because they are binding on you.

 

DARK WEB ID, BULLPHISH ID AND GRAPHUS PRODUCT TERMS OF USE

Updated as of October 19, 2024

These Product Terms of Use (“Terms of Use”) govern your use of Dark Web ID, BullPhish ID and/or Graphus (each referred to herein as a “Product”). By purchasing or using a Product, you agree to be bound by these Terms of Use and the Kaseya Master Agreement (the “Master Agreement”) into which these Terms of use are incorporated (collectively, the “Agreement”). Capitalized terms not defined in these Terms of Use have the meaning given to them in the Master Agreement. The term “you” includes any organization associated with your use of a Product.

If you do not agree to the Agreement both for yourself and your organization, you may not register, access or use any Product.

1. DEFINITIONS.

In addition to the definitions set forth in the Kaseya Master Agreement, the following shall apply:

  • Client means an individual or organization for which you use the Products and which may be: (i) an organization you work for; (ii) an organization you provide Managed Services to; (iii) or a prospective Client. Where applicable, the term Client includes personnel of the Client or other individual associated with such Client.
  • Dark Web means internet content that exists on darknets, which require specific software, configurations or authorizations to access. The Dark Web allows computers to communicate anonymously without divulging identifying information.
  • Domain Name Asset means any internet domain name (such as for example “@ClientName.com”) that is owned or controlled by you or your Client as designated from time to time through use of the Products.
  • Email Asset means any email address (such as “[email protected]”) that is owned or controlled by you or your Client, as designated from time to time for use with a Product.
  • IP Address means any IP address for a system, network or device which you or your Client owns, or to which you or your Client has authorized access, as designated from time to time through use of a Product.
  • Live Data Search is a trial setting of Dark Web ID that allows you to encourage purchase of the Dark Web ID by providing limited Dark Web ID services and partial Dark Web Results as a sample of what Dark Web ID can do. For example, the Dark Web Results on Live Data Search mode only partially reveal credentials found on the Dark Web.
  • Malicious Email means malware, for example, ransomware, viruses, and phishing attempts or other malicious materials.
  • Monitored Assets means Domain Name Assets, Email Assets, and IP Addresses, that you provide to us for use with a Product. Monitored Assets are a form of “Content” as that term is defined in the Kaseya Master Agreement, and Kaseya will protect Monitored Assets and use them in the limited manner as described in the Kaseya Master Agreement.
  • Product Results means the information that results from use of BullPhish ID, Dark Web ID and/or Graphus.
  • Vendor means any current or prospective contractor, vendor, business partner, agent or affiliated agency of you or your Client. The term “you” or “Client” shall include Vendors where the Product is being used to monitor or vet such Vendor.

2. USE OF PRODUCTS

a. Right to Use

Subject to your compliance with the Agreement and the receipt by us of all fees applicable to the Product, Kaseya grants you a limited, revocable, non-sublicensable, non-exclusive right and license to access and use the Product during the Committed Service Term of the applicable Subscription for the number of licenses purchased in accordance with the Product Specifications.

b. Dark Web ID

  • Dark Web ID is a powerful tool through which you can scan the Dark Web for Dark Web Results based on the Monitored Assets provided. Dark Web Results can be highly sensitive and personal, such as: areas of the Dark Web that are searched by Dark Web ID, account passwords, social security numbers, credit card numbers and bank account information. Dark Web Results can be used to compromise the rights of individuals and entities in a harmful manner. Dark Web Results are held in the Dark Web ID Product platform but can also be downloaded in the form of reports and distributed by email depending on configuration of the Product. The presence of Dark Web Results suggests that that one or more individuals or organizations associated with the Monitored Assets are being targeted and/or at risk of unauthorized dissemination or use of Dark Web Results.
  • Dark Web ID Live Data Search. Kaseya may provide Dark Web ID licenses to be used in Live Data Search mode with the understanding that they will be used to demonstrate the purchase of full licenses to Dark Web ID. As such, you hereby agree to use Live Data Search in this limited manner, and only with prospective Clients. Because Live Data Search is a demonstration tool, monitoring and searching is not as thorough as when using a standard license to Dark Web ID; Live Data Search Dark Web Results do not provide full results or information.

c. BullPhish ID

  • BullPhish ID is a Product that allows you to: (i) create simulated phishing campaigns within through the use of templated emails, landing pages and other useful information provided by Kaseya and; (ii) run end user security awareness training. BullPhish ID also allows you to monitor, track and report on the results of the campaigns and training; for example, information about who engaged in a phishing attempt, and the type of engagement. BullPhish ID Results will be held within the BullPhish Product platform throughout the Committed Service Term of the Subscription.
  • BullPhish ID Templates. BullPhish ID provides templates for emails, landing pages and other documentation (“Templates”) that you may modify when creating simulated phishing campaigns and training. If you modify Templates, you are responsible for ensuring that such modifications: (a) comply with all Applicable Laws, including those in the jurisdictions where the campaign will run; (b) do not infringe the intellectual property rights of third parties such as, for example, misuse of trademarks or trade names, and; (c) are not obscene, offensive, inappropriate, or otherwise expose you or Kaseya to liability. The Templates are the property solely of Kaseya.
  • Customer-Provided Videos. BullPhish ID allows you to create your own training courses. The video content of those courses can be supplied through third party sites such as, for example, Vimeo and YouTube, or uploaded by you to the BullPhish ID platform (“Customer-Provided Videos”). You are solely responsible for ensuring that your use of the Customer-Provided Videos (including publication, transfer and other activities) complies with all Applicable Laws, terms and conditions, including the copyrights of third parties. We reserve the right to remove from your BullPhish ID account, or otherwise block your access, to Customer-Provided Videos if we reasonably believe that your use of such videos violates rights or Applicable Law.

d. Graphus

  • Graphus is an automated defense platform that protects you or your Client from Malicious Emails and phishing attacks introduced through Email Assets, and also reduces the volume of unwanted Email Assets. Graphus creates trusted profiles based on email patterns, scans for irregularities in message content and attachments, and learns from user interaction and feedback to better detect and defend against Malicious or unwanted Emails.
  • Scanning and Treatment of Malicious Emails. If Graphus scans an Email Asset and identifies it as potentially a Malicious Email, Graphus will scan and analyze the email, through threat analysis engine(s) powered by AI. Graphus also leverages third party threat intelligence providers to evaluate URLs and file hashes. After review, Graphus will remove Malicious Emails or unwanted emails from the User’s inbox, or label it with a banner. Email Assets are scanned in datacenters located in either the United States or the European Union, as determined by your location. Kaseya may, in its discretion, retain and/or use metadata (including hashes and URLs) from Malicious Emails for various purposes such as, for example, to improve its Products, research and analysis, and cooperation with others regarding the Malicious Emails.

3. ADDITIONAL PROVISIONS ON LIMITATIONS AND LIABILITY

a. Representations Regarding Products

You represent and warrant the following every time you use a Product, and breach of the following may result in Kaseya’s immediate suspension of the Product, followed by termination unless the issue is cured in Kaseya’s reasonable determination:

  • You have obtained the prior written permission from your Client to use the Product, and specifically:
    • For Dark Web ID — to use the Client’s Monitoring Assets and to obtain, review and provide the Dark Web Results to you;
    • For BullPhish ID – to conduct a simulated phishing campaign; and
    • For Graphus – for Kaseya to scan Monitored Assets for Malicious Email, and to then fully process such Malicious Emails.
  • You will use Products in a manner that is consistent with the contracts and policies of your Client, and all Applicable Laws;
  • You will use Product Results for the sole purpose of providing services to and for the benefit of your Client, and not to harm any person or other entity;
  • You will share Product Results only with individuals and organizations that: (i) are bound by confidentiality agreements that are no less protective than the obligations set forth in the Kaseya Master Agreement; and (ii) will protect the Product Results as Kaseya’s Confidential Information. You may also share Product Results with law enforcement authorities for the benefit of your ID Agent Client.

b. Withdrawal of Permissions

If any person or entity revokes, withdraws or otherwise terminates its permission with respect to use of a Product, you must immediately remove all information pertaining to such person or entity from the applicable Product, and not use the Product with respect to such person or entity. For example, if a person withdraws permission for you to use Dark Web ID to search the Dark Web for information about that person, you must cease use of that person’s Monitoring Assets with respect to Dark Web ID.

c. Supplemental Protection

You understand and agree that the Products are supplemental to, and are not intended to replace, any security measures that you may now have or that you may implement in the future (whether physical, technical or procedural), such as filters, virus software, firewalls, surveillance or information security programs. No security solution can be completely effective, and at no time (including post-implementation of the Product) does Kaseya guarantee the quality, effectiveness, or efficiency of your security posture, including any policies, procedures, or operations.

d. Access to Monitored Assets

You understand that you must maintain authorization and access to the Monitored Assets so that Kaseya may regularly access Monitored Assets to provide the Products.

e. Breach of Representations

You agree to indemnify, defend and hold Kaseya harmless pursuant to the indemnity provisions set forth in the Kaseya Master Agreement for any claims that arise from your breach of these Product Terms of Use, including the representations herein.