Your download, installation, access to, or use of the Insight Recon software and customer platform is governed by the Insight Recon End User License Agreement ("EULA"), together with applicable Subscription Terms. Those matters are governed by the EULA rather than by these Terms of Use, and these Terms of Use are not incorporated into the EULA.
The Website is intended primarily for business and professional use by adults age 18 or older.
Acceptance of the Terms of Use
Please read these Terms of Use carefully before using the Website. By accessing or using the Website, you agree to these Terms of Use.
Our Privacy Policy describes how we collect, use, disclose, and protect Personal Information.
Downloading, installing, accessing, or using the Insight Recon software or the customer platform is governed by the EULA. Purchases and subscription entitlements are governed by the applicable Plan Entitlement Schedule, order form, checkout record, or other Subscription Terms.
Changes to the Terms of Use
We may revise these Terms of Use from time to time. Revised Terms of Use become effective when posted unless a later effective date is stated. Your continued use of the Website after the effective date constitutes acceptance of the revised Terms of Use.
Changes to the Insight Recon EULA, Subscription Terms, or Plan Entitlement Schedule are governed by those documents and are not governed by this Section 2. Nothing in this Section permits a change to these Terms of Use to modify the EULA or any Subscription Terms.
Accessing the Website and Account Security
We reserve the right to withdraw, modify, or discontinue Website content or functionality in our discretion, subject to any separate contractual obligations applicable to paid Services.
Information you provide in connection with an account must be accurate, current, and complete.
Credentials assigned to an individual user may not be shared with another individual. Organizations may authorize multiple users where permitted by the applicable Insight Recon subscription. You are responsible for safeguarding credentials and notifying us promptly of suspected unauthorized account access.
We may disable credentials or Website access where we reasonably believe these Terms, the EULA, applicable Subscription Terms, or applicable law have been violated.
Intellectual Property Rights
The Website and its contents, design, text, graphics, media, and functionality are owned by Breach Point, its licensors, or other applicable rights holders and are protected by intellectual property laws.
Subject to these Terms of Use, Breach Point grants you a limited, non-exclusive, revocable right to access and use the Website and publicly available Website content for lawful personal or business purposes. This permission does not grant a right to reproduce, redistribute, sell, commercially exploit, or create derivative works from Website content except as expressly permitted by Breach Point or applicable law.
Rights relating to the Insight Recon software and customer platform are governed exclusively by the EULA and applicable Subscription Terms, and nothing in this Section limits or expands those rights.
Breach Point and its licensors retain all rights in their names, logos, trademarks, service marks, and trade names.
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 violation of applicable law or regulation.
- Impersonate Breach Point, its personnel, another user, or another person or entity.
- Use the Website in a manner intended to disable, overburden, damage, or impair it.
- Introduce malicious software or technologically harmful material.
- Attempt to gain unauthorized access to the Website or associated infrastructure.
- Conduct denial-of-service attacks against the Website.
- Use automated scraping or extraction methods in violation of applicable law or without authorization where authorization is required.
- Otherwise interfere with the proper operation or security of the Website.
Acceptable use of the Insight Recon software, including authorization requirements for assessing Target Environments, is governed by Section 5 of the EULA.
Use of and Reliance on Information Posted
General information presented on the public Website is provided for informational purposes. We do not warrant that public Website content will always be complete, current, or suitable for a particular purpose.
Public pricing pages, feature pages, FAQs, marketing content, and similar Website material do not independently grant, expand, restrict, or modify contractual software rights, entitlements, representations, or warranties, except where a document is expressly identified as a binding contractual document.
Linking to the Website
You may link to the Website in a fair and lawful manner that does not falsely suggest sponsorship, endorsement, or affiliation by Breach Point.
Links from the Website
Links to third-party websites or resources are provided for convenience. Breach Point does not control and is not responsible for third-party content, products, services, privacy practices, or terms.
Billing, Subscriptions, Cancellations, and Refunds
Insight Recon subscriptions and other paid products or services may be purchased directly from Breach Point or through an authorized reseller or merchant of record. Software licensing and permitted use rights are governed by the applicable EULA, Plan Entitlement Schedule, order form, checkout record, or other Subscription Terms.
Certain self-service purchases may be processed through Paddle and its affiliates ("Paddle"), our authorized reseller and merchant of record. Where Paddle processes a purchase, Paddle is the seller of record for the transaction and handles payment processing, applicable taxes, cancellations, and refunds in accordance with Paddle's applicable buyer terms, refund policy, and applicable law. Breach Point remains the licensor and provider of the Insight Recon software.
Unless otherwise stated in applicable Subscription Terms, paid Insight Recon subscriptions are annual subscriptions billed in advance.
For purchases made through Paddle, Paddle's applicable cancellation, refund, and statutory withdrawal terms control with respect to the transaction. Nothing in these Terms of Use or the EULA limits a mandatory consumer right that cannot lawfully be waived.
Breach Point may change publicly advertised prices, packaging, features, or plans for future purchases and renewals. Changes do not retroactively change fees or material Subscription Terms applicable to a then-current paid subscription term except as expressly permitted by the applicable agreement.
The specific plan, subscription term, price, and applicable Plan Entitlement Schedule version for a self-service subscription may be recorded by Breach Point, Paddle, another authorized reseller or merchant of record, and in Breach Point's own account entitlement records.
Customer Data Retention and Deletion
Customer scan data and other customer data stored through Insight Recon are handled in accordance with the Privacy Policy, EULA, any applicable Data Processing Addendum, and any separate written agreement.
Following expiration or termination of an Insight Recon account or subscription, scan data is removed from active systems within thirty (30) days, except to the extent a longer retention period is required by applicable law or reasonably necessary to establish, exercise, or defend legal claims.
Residual copies of scan data contained in routine backup or archival systems may be retained until overwritten or deleted in accordance with Breach Point's standard backup-retention practices. Those copies remain access-restricted and are not restored or otherwise processed except as reasonably necessary for disaster recovery, security, legal compliance, or the establishment, exercise, or defense of legal claims.
International Access
Insight Recon is operated from the United States and may be accessible from other countries. If you access the Website or Services from outside the United States, you are responsible for compliance with applicable local law.
Access to and use of the Insight Recon software is also subject to applicable United States export-control and economic-sanctions laws and the export-control provisions of the EULA.
Disclaimer of Warranties
Warranty terms applicable to the Insight Recon software and customer platform are governed by the EULA.
Limitation on Liability and Class Action Waiver
Liability terms, and the jury trial and class action waivers applicable to the Insight Recon software and subscriptions, are set out in the EULA.
Indemnification
You agree to defend, indemnify, and hold harmless Breach Point and its affiliates, directors, officers, employees, agents, successors, and assigns from third-party claims arising from your unlawful use of the Website or material violation of these Terms of Use.
Indemnification obligations relating to the Insight Recon software and customer platform are governed by the EULA.
Feedback and Other Submissions
If you voluntarily submit ideas, suggestions, feature requests, comments, bug reports, or other feedback regarding the Website or Insight Recon ("Feedback"), you grant Breach Point a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use and exploit that Feedback for any lawful purpose without attribution or compensation.
This Section does not apply to Scan Data, Personal Information, customer confidential information, information submitted through customer support that is reasonably understood to be confidential, or information subject to confidentiality obligations under the EULA, a Data Processing Addendum, order form, or other agreement between you and Breach Point.
Please do not submit unsolicited materials if you expect compensation for them.
Governing Law and Jurisdiction
These Terms of Use shall be governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws principles.
Any action, claim, or proceeding arising out of or relating to these Terms of Use or the Website shall be brought exclusively in the state courts located in the City of Richmond, Virginia or the United States District Court having jurisdiction in Richmond, Virginia. Each party submits to the personal jurisdiction of those courts and waives objections based on improper venue or forum non conveniens.
Waiver and Severability
A waiver is effective only if made in writing by the party against whom it is asserted. Delay or failure to enforce a provision does not waive that provision.
If a provision is held invalid or unenforceable, it will be limited or modified to the minimum extent necessary, and the remainder of these Terms will remain effective.
Your Comments and Concerns
The Website is operated by:
Breach Point, Inc.
2807 N Parham Rd, Ste 320 #4096
Richmond, VA 23294
Website or technical support: [email protected]
Legal and compliance: [email protected]
Relationship to Other Agreements
These Terms of Use govern the Insight Recon public Website.
The Insight Recon EULA, together with applicable Subscription Terms, the Plan Entitlement Schedule, any applicable order form, any Data Processing Addendum, and any signed written agreement, governs the download, installation, licensing, access, operation, and use of the Insight Recon software, the customer platform, and customer subscriptions. These Terms of Use are not incorporated into the EULA.
Where a matter falls within the subject of the EULA or applicable Subscription Terms, those documents govern that matter and these Terms of Use do not apply to it.
The Privacy Policy describes Breach Point's privacy practices and applies as provided by applicable law and the relevant agreements.