Terms of Service

Last updated: 2022-05-02 Contact: support@pulsedive.com You may also contact us via the Contact form. Please be sure to read our Privacy Policy, which covers topics related to your personal data.

Definitions

"We," "our," "us," or "Pulsedive" refers to Pulsedive LLC. "You" or "your" refers to users and customers of Pulsedive and the Services, defined below. "Services" refers to all websites, APIs, products, subscriptions, and any other paid and free services and software developed, produced, provided by, and otherwise created by Pulsedive. "Premium Services" refers to all paid Services provided by Pulsedive from time to time. "Content" refers to any information, text, graphics, links, audio, photos, videos, or other materials uploaded, downloaded, or appearing on the Services, including any feedback, suggestion, or comment you submit to us, our employees, the Services, or any party affiliated with Pulsedive. "Terms" refers to the Terms of Service, written here, which governs the limitations of acceptable use of and access to the Services and Content.

Consent

These Terms and our Privacy Policy govern your access to and use of the Services and Content. By using and accessing the Services, you agree that you have read, understood, and consent to be bound by the latest revision of these Terms and our Privacy Policy. IF YOU HAVE ENTERED INTO A SEPARATE AGREEMENT GOVERNING YOUR USE OF PREMIUM SERVICES, SUCH USAGE IS GOVERNED BY SUCH SEPARATE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND ANY SEPARATE AGREEMENT OR LICENSE, THE TERMS OF THE AGREEMENT SHALL CONTROL.

Use of the Services

By using and accessing the Services, you agree to be bound by these Terms. You may only use the Services for lawful purposes, in a manner which is not expressly prohibited by these Terms, and in a manner which does not infringe on our rights or interests or the rights and interests of third parties. You must abstain from any activity that could damage, overload, harm, or impede the normal functioning of the Services. You must refrain from illicitly or fraudulently obtaining or using our Content and access to the Services. You may not attempt to reverse engineer, scan, probe, or circumvent any portion of the Services in any manner and for any reason. You will not impersonate or attempt to impersonate Pulsedive, one of its employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of these parties). You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Pulsedive or users of the Services or expose them to liability. Pulsedive’s mission focuses on threat intelligence and responsible use of technology. As such, you also agree to refrain from the following prohibited activities. You will not:

Use the Services in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of them, including their ability to engage in real time activities through the Services;
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Services;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material or device that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any modules or features of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Services.

User Accounts

The Services are intended for those over 18 years of age. All others are not eligible to use the Services. We reserve the right to terminate user accounts or otherwise ban users from accessing the Services without notice for breach of these Terms and for any reason. You must create a user account with the use of an active email address to be granted access to many of the Services. Your username will be displayed by any comment you post and any edits, submissions, or changes performed by you to our Content, even after account deletion. Our Privacy Policy covers additional topics related to your personal data, including:

What data we collect from you
How we use this data
Who we share the data with
Our security practices
Your rights as a user

Account Deletion

User accounts can be deleted from the "Account" page by clicking "Delete Account" at the top and following the prompts. When your account is deleted, your email, password, subscriptions, permissions, and preferences are removed from our database. Your title, organization, first name, and last name are also removed from our database if provided to us. For more information on how we treat deleted accounts, please refer to our Privacy Policy. Your username, user ID, and API key will not be removed from our database to prevent reuse. You will not be able to register a new account with the same username.

Support and Feedback

We will use commercially reasonable efforts to perform updates and bug fixes to the Services in accordance with our regular business practices. We have full discretion to determine whether or not to proceed with the development of any requested enhancements, features, functionality, fixes, design changes, or any other updates or revisions to the Services. Any Content you may provide to Pulsedive or the Services is entirely voluntary. You hereby grant us the right to use such Content as we see fit and without any obligation to you. Additional intellectual property claims to any Content you may provide is outlined in the Intellectual Property section.

Premium Services

Some of the Services are made available through purchase, paid subscription, or paid license. We reserve the right to limit the sale of or terminate any of our Premium Services to any person, geographic region, or jurisdiction without notice and for any reason.

Pricing

We reserve the right to change prices of our Premium Services at any time without notice and for any reason. Subscription to our Premium Services is time limited but auto-renewed unless cancelled. You will not be affected by any price changes during the term of any outstanding subscription, but price changes will apply upon renewal.

Payment Processing

Pulsedive does not store financial information. If you've purchased any Premium Services, your payments were processed by Stripe in accordance with Stripe's Terms of Service and Privacy Policy. You can request that your financial information be removed from Stripe by contacting us. Removal of your financial information from Stripe will result in the termination of any active Premium Services.

Payment Methods

Payments can be made via credit or debit card. Payments for any of our Premium Services can be made via ACH on a case-by-case basis by contacting us. We reserve the right to refuse any payment method.

Renewals

Premium Services will renew automatically at the end of the current billing cycle, unless canceled before the end of the current billing cycle.

Late Payments

We reserve the right to terminate your access to any of our Premium Services, without notice, for any payments not completed by the end of the current billing cycle.

Cancellations

Premium Services can be canceled from the "Subscriptions" section in the "Accounts" page by clicking "Modify" in the respective Premium Service's section, selecting "Cancel Plan" on the following page in the respective Premium Service's section, and completing the rest of the form. We reserve the right to terminate any Premium Service without notice and for any reason.

Refunds

Refunds are not automatically issued when a Premium Service is canceled. We reserve the right to refuse to issue any refunds once payment for any Premium Service is completed. Refunds can be requested and may be issued on a case-by-case basis. Please contact us to request a refund.

Privacy

Our information collection, use, and sharing activities are outlined in our Privacy Policy, comprising an integral part of these Terms.

Intellectual Property

You acknowledge that (a) the Services and Software contain proprietary and confidential information of Pulsedive and its licensors, such that is protected by applicable intellectual property and other laws, and (b) Pulsedive and its licensors own all rights, titles and interests in and to the Services, their content, trademarks, marks, service marks, symbols, icons, logos, shapes and designs, including and without limitation all Intellectual Property Rights therein. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, the Services or content that may be presented or accessed through the Software, the Services for any purpose; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Services or the Software; (iii) use the Services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter Pulsedive’s or any of its licensors' copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Pulsedive’s name, logo, and all related names, logos, product and service names, designs, and slogans constitute trademarks and other intellectual property of Pulsedive, or its affiliates or licensors. You must not use such marks without the prior written permission of Pulsedive. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. PULSEDIVE is a registered U.S. service mark of Pulsedive LLC or its licensors. Pulsedive’s heart logo and slogan are unregistered service marks of Pulsedive LLC used in the U.S. and around the world. These Terms do not convey to you an interest in or to the Services or Software, but only a limited right of use of the Services, revocable in accordance with the terms and conditions of these Terms. Nothing in these Terms constitutes a waiver on behalf of Pulsedive of any Intellectual Property Right. Pulsedive hereby reserves all rights to the Services and the Intellectual Property Rights not expressly granted to you in these Terms of Service.

Content You May Provide

You retain all ownership rights in any Content you may provide and you confirm that you are the original owner of any Content you submit or that you have the necessary rights and permissions to authorize us to use your Content. In particular, you promise that you have obtained the permission of all of the people featured or referred to in the Content (and if they are under 18 their parents or guardians as well) to our use of the Content on the Services. You agree to give us evidence of all such rights and permissions if so requested by us. When you upload, submit, or otherwise provide Content, you hereby grant us (and those we work with) a worldwide, royalty-free, irrevocable and transferable license to use, edit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, distribute, and sell such content.

Data from MITRE ATT&CK®

Pulsedive uses threat and TTP data from MITRE ATT&CK®. Pulsedive makes such data accessible for free, without the need to create a user account in Pulsedive. The following copyright notice applies to data from MITRE ATT&CK. ©2021 The MITRE Corporation. Such work is reproduced and distributed with the permission of The MITRE Corporation. The full Terms of Use for MITRE ATT&CK data is available here.

Vulnerability Reporting

You may attempt to mitigate our security controls with our express permission and authorization and only if you agree to the following: - You will notify us before the requested activities of any vulnerability assessment or penetration test that may affect the functioning and delivery of the Services and Content. - You will notify us of any discovered vulnerabilities with suggestions for remediation. - You will not exploit the Services or access the Services outside the scope of a vulnerability assessment or penetration test, the sole intent of which is helping us improve our security practices. - You will not release or share any findings of your vulnerability assessment or penetration test to any party outside of Pulsedive. - You will not store the results of your findings longer than 30 days after the penetration test or vulnerability assessment is completed.

Changes to the Services

The Services may change or be deactivated or suspended at any time, with or without notice. We may notify you of significant changes to Premium Services, but we retain full discretion to determine whether or not to do so. We retain the right to create limits on use, features, and storage at our sole discretion at any time without notice. We retain the right to permanently or temporarily stop providing the Services without providing notice. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users. Any changes to the Services are subject to these Terms.

Linking to Content and Social Media Features

If appropriate, you may link to sites and pages from our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services may provide certain social media and other interactive features that enable you to: link from your own or certain third-party services to our Content; transmit emails, posts, or other communications with certain content, or links to certain content, on our Services; or cause limited portions of Content to be displayed or appear to be displayed on your own or certain third-party services. In connection with any of these features or other capabilities, you must not cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, and you agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. You must not take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Services.

Disclaimers

Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided "as is", "with all faults" and on an "as available" basis. You bear the risk as to its quality and performance. Pulsedive gives no express, implied and statutory warranties, guarantees, or conditions in relation to the Services. Statutory warranties of any kind, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, as well as any warranties regarding security, reliability, timeliness, accuracy, and performance of the Services, are also expressly disclaimed, to the fullest extent permitted by law. Without derogating from any of the aforesaid, you acknowledge and agree that Pulsedive is not and shall not be responsible for the availability of any third-party providers’ infrastructure or services, nor shall Pulsedive be responsible or liable for any damage caused to you due to any act or omission on behalf of such third-party providers. You also agree that Pulsedive has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services. The Services may contain links to third-party websites or resources. They may also contain comments and/or posts with non-anchored linked URLs. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pulsedive of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Please note that user comments on URLs and files may contain URLs/links leading to malware.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PULSEDIVE AND ALL PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Technology and Export Restrictions

The Services, and any derivatives thereof, available to you, are subject to the export laws and regulations of the United States and other jurisdictions. In particular, but without limitation, the Services may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. You will not use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Updates to These Terms

These Terms may be updated at any time, with or without notice. Any updates will be reflected here. By continuing to use and access the Services, you agree to be bound by only the latest revision of these Terms. It is recommended that you review these Terms regularly.

Indemnification

You undertake to indemnify and hold harmless Pulsedive and its subsidiaries, affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney's fees and costs of litigation, related to your breach of these Terms and/or your use of the Services.

Assignment

Pulsedive may assign, at its sole discretion, these Terms and the Privacy Policy, or any of its rights and/or obligations thereunder, to any third party, without giving prior notice and without your consent. In any event of assignment as aforesaid, all the provisions of these Terms shall apply to the assigned party, mutatis mutandis.

Surviving Sections

The Sections titled "Disclaimers", "Limitation of Liability", "Indemnification" and "Governing Law and Jurisdiction" and the other provisions herein that preserve Pulsedive’s rights in and with respect to the Services will survive any termination or expiration of these Terms.

Governing Laws and Jurisdiction

The laws of the State of New Jersey, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Pulsedive. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New Jersey, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

Waiver and Severability

No waiver by Pulsedive of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pulsedive to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy are the entire agreement between you and Pulsedive and replace any prior agreement of understanding between you and Pulsedive in relation to the Services. Any waiver of any provision of these Terms, will be effective only if in writing and signed by the waiving party. You may also be subject to additional terms and conditions that may apply when you license, use, or purchase Premium Services or third party services. In the event of any conflict between these Terms, and any license, the terms of the agreement shall control.

Comments, Questions, and Concerns

The Services are operated by Pulsedive LLC. You can contact us via our contact form or in writing at: Pulsedive LLC PO Box 297 Kendall Park, NJ 08824 All feedback, comments, requests for technical support, and other communications relating to our website(s) and other Services should be sent by email to: support@pulsedive.com.