Terms of Service

Last Updated: January 30, 2020

Introduction

Thank you for using the IronNet Verify web-based service, provided by High Degree, LLC, an IronNet company (“Company”).  The term “Service” as used in these Terms of Service (“Terms”) refers to the IronNet Verify web-based service, including all related products, services, software, technologies, deliverables and tools provided by Company in connection with this service.

Company is willing to provide the Service to you only on the condition that you first accept these Terms.  By accessing, registering for, or using the Service, or by accepting these Terms through an “I Accept” checkbox or similar method, you agree to these Terms.  You may also agree to these Terms by physically or electronically signing an Order (as defined below) that incorporates these Terms.  These Terms along with any Order constitute a legally binding agreement between you and Company.

Please read these Terms carefully and, if you wish, print or save a copy for your records. If you do not agree with these Terms, you may not access or use the Service.

If you are accepting these Terms on behalf of another entity, these Terms are binding both on you and such entity, and you represent that you are duly authorized to bind that entity to these Terms.

Disclaimer

The Service includes a good faith evaluation of certain characteristics of social media accounts, based on Company’s proprietary models and algorithms.  Any “score” provided as part of the Service is a composite estimate of this evaluation.  No score should be  considered an endorsement or rejection of any social media account.  Due to the constantly changing social media landscape, including without limitation changes to social media users and the adaptability of bots, Company cannot and does not warrant or make any representations regarding the accuracy or reliability of its evaluations and scores.  Use of the Service and any evaluations and scores is solely at your own risk. 

Your Warranty for Evaluation of a Social Media Account

You represent and warrant that you either own the social media account that you are requesting Company to evaluate, or that you have the consent of the owner of the social media account to such evaluation.

Minors

If you are entering into these Terms on your own behalf, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under 18 years of age, your parent or guardian must enter into these Terms on your behalf, and this parent or guardian represents that he or she accepts these Terms on your behalf and that you are 13 or older. You are not allowed to use the Service if you are under the age of 13.

Orders

You may gain access to the Service through your acceptance of an online or printed order or other document that references these Terms (an “Order”).  An Order may specify applicable fees, how long you are authorized to use the Service, and other terms.  In the event of a conflict between these Terms and the terms of an Order (excluding these Terms), these Terms shall control except only to the extent that the Order identifies the specific provision(s) in these Terms to be varied.

Changes to the Service

Company may, with or without notice, add features to the Service, change the Service, or remove features of the Service, at any time.

Your Account

Your account for access to the Service is for your personal use only. You may not authorize others to use your account, and you may not assign or transfer your account.

To use the Service, you will need an IronNet Verify username and password. You must keep your username and password confidential.  You are responsible for all activities, charges, and liabilities associated with your account. You agree to immediately notify Company of any unauthorized use of your account of which you are aware. If you are a minor, Company reserves the right to provide access to your account to your parent, guardian or other authorized adult, upon such adult’s request.

Entity Subscription

This Section applies only if you are acquiring the Service on behalf of an entity.

If your entity and Company have a separate signed agreement, then such agreement will control if there is a conflict between the terms of such agreement and the terms of this Section.

Subject to your payment of the applicable fees and taxes, you may authorize your employees (“Authorized Users”) to access and use the Service solely for your benefit, on condition that those Authorized Users accept these Terms before or during their first use of that Service. For Service subscriptions that include a limit on the number of Authorized Users, Authorized Users include all individuals authorized to use the Service, regardless of whether any such individual is actively using the Service at a particular time. You shall ensure that Authorized Users and any other person that uses the Service through the use of your password and account comply with these Terms. You shall take all reasonable precautions necessary to safeguard against unauthorized access and use of the Service through your password and account, including ensuring that an Authorized User ceases use of the Service after that Authorized User is no longer associated with your entity.

Reports

Certain reports provided as part of the Service will be kept only for a limited time period, since the information will not be current after such time.  Applicable time periods will be identified in the Service.

Your Use of the Service

During the applicable term of your subscription for use of the Service if specified in an Order, Company grants you a limited, non-exclusive, non-transferable license only to access and to use the Service for your own personal use, subject to your compliance with these Terms. You may not use the Service for any other purpose, or after the end of the applicable term, or after termination of your rights to use the Service under these Terms.

You shall provide, at your own expense, suitable equipment, software, and internet access as necessary to access and use the Service.

Neither the Service nor any portion thereof may be displayed, copied, downloaded, sold, resold, used, distributed, or otherwise exploited for any commercial purpose without Company’s prior written consent. You may not frame or utilize framing techniques to enclose any Mark (defined below) or other proprietary information (including images, text, page layout and form) of Company or its licensors without Company’s prior written consent. You may not use any meta tags or any other “hidden text” using Company’s Marks without Company’s prior written consent. Any unauthorized use by you of Company’s Marks or other intellectual property automatically terminates the license granted by Company under these Terms and your right to use the Service.

Company Materials and Intellectual Property

Company and its licensors own and retain all right, title, and interest in and to the Service, all underlying technology and algorithms used with or otherwise enabling the Service, and all software and content available within the Service (collectively, “Company Materials”), including all associated trademarks, copyrights, and other intellectual property rights.   Nothing in these Terms transfers any such rights, title or interest to you or any other user, and Company reserves all rights not expressly granted to you

You agree not to remove, conceal, or alter any proprietary rights notices (including copyright and trademark notices) contained within the Company Materials.  You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software underlying or otherwise used to provide the Service or any part thereof, except to the extent allowed by law notwithstanding this restriction.

All trademarks, service marks, trade names, logos and graphics associated with the Service (“Marks”) are trademarks of Company and its licensors. You may not use any Marks without the prior written consent of Company.

You agree that any breach of your obligations with respect to Company’s and its licensors’ proprietary or intellectual property rights will result in irreparable injury to Company and its licensors for which money damages are inadequate, and you therefore agree that Company and its licensors shall be entitled to seek injunctive relief to address such breach, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

Fees

You agree to pay the fees for the Services as specified in the applicable Order.  All fees are payable in U.S. dollars and are nonrefundable and non-creditable.

Unless another form of payment is specified in the Order, Company will bill your credit card (for purposes of these Terms, the term “credit card” includes a credit card or a debit card) for all applicable fees in advance of Service delivery. You shall provide accurate and complete billing information, including your name, address, telephone number, and valid credit card information, and shall promptly notify Company of any changes in that information. You acknowledge that the agreement between you and the applicable credit card issuer governs use of your credit card for payment of amounts owed to Company, including your rights and obligations as a holder of that card.

Company will disclose the applicable payment options at the time you place your Order. You shall select a payment method to pay Company for purchases you make for and/or from the Service. Company or Company’s billing agent may charge your payment method for all amounts due to Company without additional notice or consent unless otherwise required by law. Company may, in its discretion: (1) post charges to your payment method individually, or (2) aggregate your charges with other purchases you make within the Service and apply those charges to your next billing cycle.

Except for taxes based on Company’s net income, if any authority imposes a tax, duty, levy, or fee upon your use of or orders for the Service, you shall pay that amount as specified in the Order or Company’s invoice or supply Company with exemption documentation.  You are also responsible for paying all administrative fees (such as PayPal fees) associated with the Service and any transactions you enter into in connection with the Service.

If Company does not receive payment from your credit card issuer, upon demand you shall pay all overdue amounts by other means acceptable to Company. Company may accept other forms of payment, and if Company invoices you for Service, you shall pay to Company the amount indicated in each invoice by the due date reflected on the invoice.

If you fail to pay according to these Terms, Company may, without prejudice to its other rights and remedies: (1) charge interest on any unpaid amounts on a daily basis from the original due date at the rate of the lesser of 1.5% per month or the maximum amount permissible by law, (2) suspend or terminate your use and/or access to Service, or both (1) and (2). You shall reimburse Company for all reasonable expenses Company incurs in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable attorney’s fees, and court costs. Company may charge a fee for reinstatement of suspended or terminated accounts.

Company may from time to time offer Service promotions and discounts for which you may be eligible, including free trials and promotions available for a limited time. Unless otherwise specifically noted, Service promotional offers and discounts apply to first-time purchasers only.  Separate terms and conditions may apply to promotional offers and discounts.  If offered, free trials of the Service may require that you register as a registered user. This enrollment may obligate you to continue the Service beyond the expiration of the free trial period unless you take the steps necessary to cancel your account. You should carefully consider these obligations before attempting to enroll in any free trial.

Acceptable Use

You may only access the Service through the interface provided by Company and for lawful purposes.  You represent, warrant, and agree that you will not:

  1. Upload, post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive, or otherwise objectionable content;
  2. Upload, post, or otherwise transmit through, to or otherwise using the Service any content associated with children under the age of 13;
  3. Upload, post, or otherwise transmit through, to or otherwise using the Service any personally identifiable information without the consent of the associated individual;
  4. Upload, post, or otherwise transmit through, to or otherwise using the Service any content that infringes or violates any intellectual property right, publicity right, privacy right, or other right of any third party;
  5. Upload, post, or otherwise transmit through, to or otherwise using the Service any content that contains any malware, viruses, spyware, worms, or other malicious code or files;
  6. Disrupt the normal flow of communication in the Service or otherwise act in a manner that negatively affects any other users’ ability to use or benefit from the Service;
  7. Interfere with or disrupt the Service or servers or networks connected to the Service, or violate any requirements, procedures, policies, or regulations of networks connected to the Service;
  8. Access (or attempt to access) any part of the Service through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of the Service;
  9. Use the Service for any phishing, trolling, or similar activities, or to redirect users to other sites or encourage users to visit other sites; or to harvest or collect email addresses or other contact information of other users of the Service by automated or other means;
  10. Use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to any third-party claim, or otherwise violate any local, state, federal, or international law or regulation, including export control laws and regulations;
  11. Impersonate or attempt to impersonate Company or an employee of Company or any of its affiliates, another user, or any other person or entity, or post any information that misrepresents the identity, characteristics or qualifications of you or any other person;
  12. Frame or mirror any part of the Service;
  13. Use metatags or code or other devices containing any reference to any Mark or the Service in order to direct any person to any other website or Service for any purpose; or
  14. Otherwise use the Service in violation of these Terms.

Third-Party Services

The Service may include services or other technology provided by third parties (“Third-Party Services”).  The applicable supplier of any Third-Party Service is an intended third-party beneficiary of these Terms and may enforce these Terms directly against you with respect to such Third-Party Service.  Alternately, an Order (or activation process) for a Third-Party Service may include or be accompanied by a separate service, license, or other agreement (“Third-Party Agreement”), in which case that Third-Party Service is provided solely under the terms of that separate Third-Party Agreement.

Company may also provide you with certain “Third-Party Supplier Notices” in connection with the provision of Third-Party Service. The applicable Order (or activation process) for a Third-Party Service may include or be accompanied by Third-Party Supplier Notices.

Placing an Order for a Third-Party Service that includes a separate Third-Party Agreement and/or Third-Party Supplier Notices, or activating a Third-Party Service for which the activation process includes a Third-Party Agreement and/or Third-Party Supplier Notices, constitutes your acknowledgment that you have read and agree to all applicable Third-Party Agreements and Third-Party Supplier Notices. Company is not a party to, and is not liable for breaches of, any Third-Party Agreement.

Company assumes no obligation or liability for: (1) the functionality or performance of Third-Party Service, including their content, accuracy, or reliability, or (2) the acts and omissions (including with respect to privacy practices) of the suppliers of Third-Party Service. You acknowledge that a Third-Party Agreement might give the applicable third-party supplier rights with respect to your data beyond those allowed by these Terms or Company’s Privacy Notice. Company does not guarantee that a third-party supplier will comply with its agreement with Company or its Third-Party Agreement with you, and Company is not required to enforce its agreement with a supplier of Third-Party Service.

Additional Disclaimers

The Service and Company Materials are provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the Service, Company Materials, or other information, content or materials made available through the Service (collectively, the “Service Items”). You agree that your use of the Service, Company Materials, and Service Items is at your sole risk. The Service, Company Materials and Service Items could include inaccuracies or other errors.  Company does not warrant or make any representations regarding the use of or the result of the use of the Service, Company Materials or Service Items in terms of their correctness, accuracy, reliability, or otherwise.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  COMPANY DOES NOT WARRANT THAT THE SERVICE, COMPANY MATERIALS, OR SERVICE ITEMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, COMPANY MATERIALS, OR SERVICE ITEMS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

Neither Company nor its suppliers or affiliates, nor their respective directors, employees, officers or representatives will be liable for any damages of any kind arising from the use of or inability to use the Service, Company Materials, or Service Items including, but not limited to, any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any lost profits, lost data, or loss of revenue.  Without limiting the foregoing, Company’s total liability will at all times be limited to the fees you have paid to Company for the Service at issue during the prior three (3) months.  The limitations in this paragraph shall apply to the fullest extent permitted by applicable law.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS AFFILIATES AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICE, COMPANY MATERIALS, OR SERVICE ITEMS OR YOUR VIOLATION OF ANY OF THESE TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH BY YOU OF ANY OF YOUR WARRANTIES. This paragraph shall survive any expiration or termination of these Terms.

Internet Links

Some links within the Service may lead to websites controlled by third parties.  Because Company has no control over these websites, Company is not responsible for such websites’ content and does not endorse products, services, or information provided by such websites. Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any products or services available on or through any other website. Further, the inclusion of these links does not imply that there is any relationship between Company and the linked websites. Reference to other companies does not imply any partnership, joint venture, or other legal connection where Company would be responsible for the actions of their respective owners.

Privacy and Your Information

By submitting your Order, you acknowledge receipt of our Privacy Policy and acknowledge that Company may use and share your personal information in accordance with our Privacy Policy. To the extent that any third-party website accessible through the Service has different privacy practices, terms or conditions, those practices, terms or conditions will be explained at that website and will apply to that website, in lieu of these Terms and our Privacy Policy.

Termination

You agree that Company may terminate, suspend, or block your use of all or part of the Service, without liability or refund, if, in Company’s sole determination, you have breached these Terms. You agree that upon termination of the Service for any reason, Company may delete all information related to you on or within the Service and may prevent your continued access to and use of the Service.

In order to protect the integrity of the Service, Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to Company relating to modifying or improving the Service (“Feedback”), whether solicited or unsolicited, are non-confidential. Company may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant to Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.

Changes to These Terms

Company may change these Terms from time to time. When these changes are made, Company will make a new copy of these Terms available through the Service. You understand and agree that your use of the Service after the date on which these Terms have changed constitutes acceptance of the updated Terms.

Miscellaneous

All disputes arising out of or relating to these Terms, including all intellectual property issues and your rights and obligations, shall be governed by the laws (without regard to any conflicts of laws rules) and shall be subject to exclusive jurisdiction as set forth in the following paragraphs, based on your country of residence.  Each party waives any objection to the identified venue or jurisdiction:

If you reside in the United States of America or any other country not stated below:

  • The laws of the United States of America and the State of North Carolina shall apply, with exclusive jurisdiction in the state or federal courts of Wake County, North Carolina.

If you reside in the United Kingdom or in EMEA or India:

  • The laws of England shall apply, with exclusive jurisdiction of the English courts.

If you reside in Australia or Asia (excluding India):

  • The laws of Australia shall apply, with exclusive jurisdiction in Australia courts.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply these Terms and is expressly excluded.

The Service is not available in all languages or in all countries. Company makes no representation that the Service, Company Materials, or Service Items are appropriate or available for use in any particular location. To the extent you choose to access the Service, you do so at your own risk and are responsible for compliance with any applicable laws, including applicable local laws.

These Terms are personal to you and you may not assign them or your rights or obligations under them to anyone. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.  Company may assign its rights and obligations, or these Terms, in whole or in part.

The failure of Company to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.  No waiver of any term of these Terms by Company shall be deemed a further or continuing waiver of such term or any other term.

You and Company acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and Company by your use of the Service, and neither you nor Company have the power or the authority to obligate or bind the other.

Company shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other disaster.

These Terms along with any applicable Order and Supplemental Terms constitute the entire understanding between the parties pertaining to their subject matter, and any prior or other contemporaneous written or oral agreements between the parties are expressly superseded.

Any FAQs or similar documents included in or associated with the Service are for informational purposes only and are not deemed to be part of these Terms.

If Company provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version shall prevail.

When the term “including” is used in these Terms, it shall be interpreted to mean “including, without limitation,”, so that the items after the term “including” are understood to be illustrative only and not a complete list.