Terms of Use - Insight Recon

These Terms of Use ("Terms of Use") are entered into by and between you and Breach Point, Inc. ("Breach Point," "we," "our," or "us") and govern your access to and use of our websites ("Website"), and any content, functionality, services, and products offered on or through the Website. The Website is offered and available to users who are 18 years of age or older and reside in the United States. By using the Website, you represent and warrant that you meet all eligibility requirements.

Section 01

Acceptance of the Terms of Use

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Section 02

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Section 03

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service, product, information, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

To access certain content or services, you may be asked to provide registration details or other information. All information you provide must be correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy.

If you are provided with a username, password, or any other security credential, you must treat such information as confidential and must not disclose it to any other person or entity. Your account is personal to you — do not provide others with access using your credentials. You agree to notify us immediately of any unauthorized access or breach of security.

We have the right to disable any username, password, or other identifier at any time if, in our opinion, you have violated any provision of these Terms of Use.

Section 04

Intellectual Property Rights

The Website and its entire contents, features, and functionality — including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof — are owned by Breach Point, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Breach Point.

Breach Point and its affiliates, licensors, and partners own the names, logos, trademarks, service marks, and trade names ("Trademarks") used on the Website. Nothing on the Website should be construed to grant a license to use the Trademarks without Breach Point's prior written consent.

Section 05

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates or facilitates the violation of any applicable law or regulation.
In any way that harasses or interferes with anyone's privacy, security, or safety.
To transmit any advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations.
To impersonate or attempt to impersonate Breach Point, a Breach Point employee, another user, or any other person or entity.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or that may harm Breach Point or others.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use.
Use any robot, spider, or other automated means to access the Website without our prior written consent.
Copy, modify, reproduce, republish, transmit, sell, create derivative works, exploit, or distribute any material from the Website without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website or any connected server, computer, or database.
Attack the Website via a denial-of-service or distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Section 06

Use of and Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, currentness, or usefulness of this information. Any use of or reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor.

This Website may include content provided by third parties. All statements and opinions in those materials are solely the responsibility of the person or entity that created them and do not necessarily reflect the position of Breach Point.

Section 07

Linking to the Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.

Section 08

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third-party websites linked from the Website, you do so entirely at your own risk and subject to the terms and conditions of those websites.

Section 09

Billing, Subscriptions, Cancellations, and Refunds

Certain Insight Recon products, software, subscriptions, support offerings, professional services, or other paid services may be purchased directly from Breach Point or through an authorized ordering process. Any purchase may also be subject to a separate order form, statement of work, master services agreement, end user license agreement, or other written agreement. If there is a conflict between these Terms of Use and a separately executed written agreement, the written agreement will control with respect to the conflicting terms.

Unless otherwise stated in an applicable order form or written agreement, Insight Recon subscriptions are annual subscriptions billed in advance. Subscription access begins upon provisioning, activation, delivery of license keys, or other availability of the purchased product or service.

Refund policy: Except where required by law or expressly stated in a separate written agreement, payments for Insight Recon subscriptions, software licenses, support plans, onboarding fees, professional services, remediation assistance, consulting, training, or other paid services are non-refundable once purchased, provisioned, activated, delivered, or performed. Cancellation prevents future renewal charges but does not entitle you to a refund or credit for any unused portion of the current subscription term.

Professional services, remediation assistance, onboarding, implementation, advisory services, consulting, training, or similar services are non-refundable once scheduled, started, delivered, or made available, unless otherwise required by law or agreed to in writing by Breach Point.

Breach Point may modify pricing, packaging, product features, support levels, usage limits, or subscription terms from time to time. Unless otherwise stated in a written agreement, pricing changes apply at the next renewal or new purchase and will not retroactively change fees for an active subscription term.

If payment cannot be processed, is reversed, is disputed without a good faith basis, or if a chargeback is initiated, Breach Point may suspend or terminate access to the Website, products, software, services, support, or related accounts until the issue is resolved. You remain responsible for any amounts owed, including reasonable costs of collection where permitted by law.

Section 10

Customer Data Retention and Deletion

Certain Insight Recon products or services may store reports, scan results, configuration data, account data, or other customer-provided information. Upon expiration, cancellation, or termination of your account or subscription, Breach Point may retain customer data for a limited period for account recovery, legal, security, audit, backup, or operational purposes, unless a longer retention period is required or permitted by law or a separate written agreement.

Data deletion: Unless otherwise stated in a separate written agreement, customer data associated with a terminated or expired account may be deleted after thirty (30) days and may not be recoverable after deletion. You are responsible for exporting or preserving any data you need before your subscription, account, or access ends.

Section 11

Geographic Restrictions

We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Section 12

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website or files available for downloading will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BREACH POINT NOR ANY PERSON ASSOCIATED WITH BREACH POINT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, BREACH POINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Section 13

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BREACH POINT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU FURTHER UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES OR OTHER RELIEF RESULTING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Section 14

Indemnification

You agree to defend, indemnify, and hold harmless Breach Point, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of or access to the Website, including any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.

Section 15

Non-Confidential Information

All information sent to us — including ideas, proposals, feedback, suggestions, and comments — shall be deemed non-confidential. Breach Point shall be free to use any such information for any purpose, including developing services or products and marketing, without liability or compensation to the sender.

Please do not send us information if you expect to be paid for it or want to retain ownership or rights in it. By submitting information to us, you grant Breach Point and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully paid-up, royalty-free license to use, reproduce, prepare derivative works, distribute, display, perform, publish, license, or sublicense that information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Section 16

Governing Law and Jurisdiction

All matters relating to the Website, these Terms of Use, the Privacy Policy, and any dispute or claim arising therefrom shall be governed by and construed in accordance with the internal laws of the State of Virginia, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia, in each case located in the City of Richmond. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Breach Point retains the right to bring any suit, action, or proceeding against you in your country of residence or any other relevant jurisdiction.

Section 17

Waiver and Severability

No waiver by Breach Point of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Breach Point to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.

Section 18

Your Comments and Concerns

This website is operated by Breach Point, Inc. at 2807 N Parham Rd, Ste 320 #4096, Richmond, VA 23294.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected]. For legal or compliance matters, contact [email protected].