Last Revised: January 25, 2021
SECTION 1: INTRODUCTION & ACCEPTANCE OF TERMS
By accessing or using any part of the Website or Web App, you agree to be bound by these Terms. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use the Website and Web App.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Website and Web App, without prior notice to you, by posting a revised version of the Terms and/or email notification about changes made to features or functionality of the Website and/or Web App. Any revisions to these Terms or changes to the Website and/or Web APp will take effect when a revised version or a notification is posted on the Website unless otherwise stated. Your continued use of the Website and/or Web App after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Website and/or Web App and (b) agreement to be bound by any such revised terms and conditions.
SECTION 2: LICENSE TO USE WEBSITE & WEB APP
Free License for Non-commercial Use. Subject to the terms and conditions of these Terms, Planet 9 grants you a worldwide, non-transferable, and non-exclusive license of the right to use the Website and Web App for non-commercial purposes only.
Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions:
(a) you shall not use the Web App for providing services to your clients or third parties, you may only use it for your own benefit;
(b) you shall not integrate the Web App into your commercial products/services;
(c) you shall not sublicense, sell, rent, lease, transfer, assign, or share your Account to/with any third party;
(d) you shall not permit anyone else whose Account was terminated, or who is not a registered user, to use the Web App through your Account;
(e) you shall not create more than one Account;
(f) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or Web App;
(g) you shall not access the Web App in order to build a similar or competitive website or web application;
(h) you shall not impersonate other individuals or provide inaccurate information about yourself;
(i) you shall not represent an entity without its prior authorization to do so;
(j) you shall not engage in anything unlawful, misleading, or fraudulent or for the illegal or unauthorized purpose;
(k) you shall not violate or encourage others to violate laws, third party rights, these Terms and policies incorporated herein by reference;
(l) you shall not upload, distribute, or transmit any computer viruses, worms, Trojan horses, malicious code, or any software intended to damage or alter a computer system or a mobile device or data;
(m) you shall not retrieve, index, “data mine,” or collect information or data of other users, including their email addresses, (e.g., using any harvesting bots, robots, spiders, or scrapers, site search/retrieval applications, or other manual or automatic devices);
(n) you shall not disable, overburden, impair, or otherwise interfere with servers or networks connected to the Website or Web App (e.g., a denial of service attack);
(o) you shall not attempt to gain unauthorized access to the Web App or servers or networks connected to the Web App (e.g., through password guessing or brute-force attacks);
(p) you shall not “frame” or “mirror” any part of the Website or Web App; and
(q) you shall not restrict or inhibit any other user’s use and enjoyment of the Web App, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the Web App.
Violation of any of the above may be subject to termination of your Account or suspension of your access to the Web App and Website.
Ownership. We own all right, title, and interest, including all related intellectual property rights, in and to the Website and Web App. The Website and Web App are licensed to you; this means that the Website and Web App are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Website or Web App. Our name, logo, and other names associated with the Website and Web App belong to us and no license of the right to use them by implication, estoppel, or otherwise is granted to you hereunder. We reserve all rights not granted in these Terms.
SECTION 3: MODIFICATIONS/UPDATES TO WEBSITE OR WEB APP
We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Website, Web App, or any parts thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Website, Web App, or any parts thereof. Any future release, update, or other addition to any of the functionalities of the Website and Web App shall be subject to the terms and conditions of these Terms.
SECTION 4: YOUR ACCOUNT
Accuracy of Information. In order to use our Web App, you will be asked to register for an account on the Website (“Account”). When you register for an Account, you will be asked to provide certain information about yourself. By registering for an Account, you represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) you are at least the age of majority in your state or province of residence.
Registering as Entity. If you register for an Account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that event, “you,” “your,” or “user” will refer and apply to that entity.
Confidentiality and Security of Your Login Information. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
Closing Your Account. You may close your Account at any moment by navigating to your profile settings and clicking on the “Delete Account” button. Once you close your Account, all the information associated with your Account will be erased. We may suspend or delete your Account at any time if we suspect that you have violated any provisions of these Terms.
SECTION 6: DISCLAIMERS; NO WARRANTY; LIMITATION OF LIABILITY
The Web App does not ensure your entity’s compliance with any applicable laws, rules, and regulations. The Web App does not provide formal security compliance or certification report. Whilst we have tried to ensure the accuracy and completeness of the report provided to you via your use of the Web App and via your answers to our questionnaire, the information summarized in any report does not constitute professional advice and is general in nature. We cannot offer any undertaking or guarantee, either expressly or implicitly, that any report is official, complete, correct, or up to date.
More specifically, the Website and Web App are provided on an ‘as is’ and ‘as available’ basis, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Website or Web App will meet your expectations. Occasionally some information on the Website or in Web App may contain typographical errors, inaccuracies, or omissions. Therefore, we do not warrant that your use of the Website or Web App will be uninterrupted, timely, secure, or error-free.
In no event shall Planet 9, nor its directors, employees, contractors, officers, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Web App; (ii) any conduct or content of any third party on the Website or Web App; (iii) any content obtained from the Website or Web App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
SECTION 7: INDEMNIFICATION
You agree to defend, indemnify and hold harmless Planet 9 and its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of the Website or Web App, or b) a breach of these Terms by you.
SECTION 8: DISPUTE RESOLUTION
These Terms shall be exclusively governed by, and construed in all respects in accordance with the laws of the State of California, USA, without giving effect to the conflict of law principles thereof. Any controversy or claim arising out of or relating to these Terms or the breach of these Terms, which remains unsettled following diligent efforts by each party to reach a mutually acceptable resolution of such claim or controversy, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
SECTION 9: MISCELLANEOUS PROVISIONS
Term & Termination. These Terms will remain in full force and effect while you use the Website or hold an active Account. You may terminate your Account at any time, for any reason, by navigating to your profile settings and clicking on the “Delete Account” button. We may terminate your Account if we find that you have breached these Terms.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void, or unenforceable, the remainder of the Terms, provisions, covenants, and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms or your use of the Website or Web App. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by Planet 9 via email (to the email address that you provide), (b) a posting on the Website or (c) by you via email to info@Planet9Security.com or to such other email addresses as Planet 9 may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.