Terms of Use

SECURIFY.AI, INC. AND ITS AFFILIATES ("WE", "OUR", "US", "COMPANY" OR "SECURIFY") WELCOME YOU TO OUR MOBILE APPLICATION. THE FOLLOWING TERMS OF USE ("TERMS") SET FORTH THE TERMS GOVERNING YOUR ACCESS AND USE OF THE APP AND OUR SERVICES. THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SECURIFY. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, BY CREATING AN ACCOUNT, OR BY CLICKING "I ACCEPT", "AGREED", OR ANY SIMILAR BUTTON OR CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP, AND YOU MUST PROMPTLY DELETE ANY COPIES OF THE APP FROM YOUR DEVICE.

YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR OF SUFFICIENT LEGAL AGE TO ENTER INTO THESE TERMS UNDER THE LAWS OF YOUR JURISDICTION. WITHOUT LIMITING THE FOREGOING, SECURIFY DOES NOT KNOWINGLY COLLECT PERSONAL DATA FROM CHILDREN UNDER 13 (OR 16 WHERE APPLICABLE UNDER LOCAL DATA PROTECTION LAW).

1. DEFINITIONS

1. "Account" means the user account You create within the App in order to access and use the Services.

2. "App" means the Securify mobile application, available for download on supported mobile devices, including all updates, upgrades, patches, and new versions thereof.

3. "Confidential Information" means any proprietary or non-public information disclosed by one party to the other in connection with these Terms that is designated as confidential or that a reasonable person would understand to be confidential, excluding any information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully in the receiving party's possession prior to disclosure; (iii) is rightfully obtained from a third party without restriction; or (iv) is independently developed without reference to the disclosing party's Confidential Information.

4. "Services" means any and all consumer cybersecurity services, features, functionality, content, and related offerings made available by Securify through the App from time to time, as may be updated, modified, or expanded at Securify's sole discretion.

5. "Your Data" means any data, information, files, or materials transmitted by You or on Your behalf to the App or collected by the App from Your device in connection with the provision of the Services, including Input but excluding Output. For the avoidance of doubt, Your Data includes Personal Data to the extent provided or collected.

1. "Personal Data" means any information relating to an identified or identifiable individual, as defined under applicable privacy laws, including but not limited to the EU General Data Protection Regulation ("GDPR"), the California Consumer Privacy Act ("CCPA").

2. "Input" means files, interactions, instructions or other materials that You provide or submit to the Services for the purpose of generating Output.

3. "Output" means any reports, threat assessments, alerts, recommendations, security scores, or other responses generated by the Services based on Your Input.

2. ACCOUNT REGISTRATION

1. Account Creation. You must create an Account in order to access and use the Services. When registering an Account, You agree to provide accurate, current, and complete information and to update such information as necessary. You are solely responsible for maintaining the confidentiality of Your Account credentials and for all activities that occur under Your Account. You must notify Securify immediately if You become aware of any unauthorized use of Your Account.

2. Account Security. You agree to take reasonable steps to prevent unauthorized access to Your Account, including by protecting Your passwords and other login information. Securify will not be liable for any loss or damage arising from Your failure to safeguard Your Account credentials. You are responsible for any and all actions taken through Your Account, whether or not authorized by You.

3. LICENSE AND USE OF THE APP

1. License Grant. Subject to Your compliance with these Terms (including the payment of all applicable Fees), Securify grants You a personal, non-exclusive, non-transferable, non-sublicensable, limited, revocable license to download, install, and use one copy of the App on Your mobile device solely for Your personal use. Copies of the App created or transferred pursuant to these Terms are licensed, not sold, and You receive no title to or ownership of any copy or of the App itself.

2. Restrictions. You shall not, and shall not permit, assist, or enable any third party to: (a) modify, adapt, alter, translate, create derivative works from, distribute, publicly display, publicly perform, or sublicense the App or Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code, algorithms, or underlying technology from the App or the Services; (c) use the App or Services to build or train a competitive product or service, or to copy any ideas, features, functions, or graphics of the App or Services; (d) sell, resell, rent, lease, lend, or otherwise make available access to the App or Services to any third party; (e) use the App to transmit any malicious code, virus, worm, trojan horse, or other harmful content; (f) interfere with or disrupt the integrity, performance, or availability of the App, Services, or any related servers or networks; (g) tamper with, circumvent, or bypass any security measures, access controls, or technical protections of the App or Services; (h) use the App or Services in any manner that violates applicable law, regulation, or the rights of any third party; (i) use the App or Services for any illegal, fraudulent, or unauthorized purpose; (j) engage in web scraping, data scraping, or automated data collection on or related to the App or Services; (k) misrepresent Your identity or impersonate any person or entity in connection with Your use of the App; (l) attempt, in any manner, to obtain the password, account, or other security information of any other user of the App or Services; (m) obtain, export, move, or copy any data, information, or material that You do not have the right to access, or that was obtained using the App or Services for an unlawful purpose; (n) use the App, the Services, or any Output, in whole or in part, as a factor in determining any consumer's eligibility for credit, insurance, employment, tenancy, or for any other purpose that would cause the App, Services, or Output to constitute a "consumer report" under the U.S. Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any similar state, local, or foreign law; (o) upload, post, publish, transmit, reproduce, create derivative works of, or distribute any information, software, or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner; (p) participate in the collection of large numbers of email addresses, phone numbers, screen names, or other identifiers of others without their prior consent (a practice sometimes known as spidering or harvesting), or use any software (including spyware) designed to facilitate such activity; (q) engage in sender address falsification, forge any person's digital or manual signature, or engage in any other fraudulent activity such as phishing; or (r) use the App or Services for any purpose other than a permitted purpose, being the provision of, or investigation into, consumer cybersecurity, identity theft protection, fraud or criminal activity, identity verification, or security incident response.

3. App Revisions. Securify may revise, update, or modify the features and functions of the App and Services at any time, in its sole discretion, with or without prior notice. Securify is under no obligation to maintain or support any particular feature or functionality of the App or Services.

4. Suspension. Any use of the App or Services in breach of these Terms, that in Securify's reasonable judgment threatens the security, integrity, or availability of the App or Services, or that violates applicable law, may result in immediate suspension of Your access to the App and Services without prior notice. Securify shall not be liable for any damages arising from such suspension.

4. DATA COLLECTION AND USE; CONSENT

1. Consent to Data Collection. By installing, accessing, or using the App, You consent to the collection, processing, storage, transmission, and use of Your Data as described in the Privacy Policy and these Terms. You acknowledge that the collection and processing of such data are essential for the App to function properly.

2. Input and Processing. To the extent you provide or permit the collection of any Input by Securify, You represent and warrant that You have all necessary rights, consents, and authority to provide such Input and to permit Securify to process it in accordance with these Terms. You are solely responsible for the accuracy, quality, and legality of all Input. Securify does not assume any obligation to review or screen Your Input prior to or during processing, but may do so at its sole discretion. Securify reserves the right, but has no obligation, to review, screen, and to remove or refuse to process any Input or content that it reasonably believes violates these Terms or applicable law.

3. Output. The Services generate Output based on Your Input using AI and machine learning technologies, which are rapidly evolving fields. You acknowledge and agree that: (a) You are interacting with an AI system, and Output is generated by automated, probabilistic AI processes; such processes may result in errors, misunderstandings, or inaccuracies, and Securify is not responsible for any such errors, misunderstandings, or inaccuracies caused by the nature of the AI system; (b) Output may not always be accurate, complete, or error-free, and Securify makes no warranties regarding the accuracy, reliability, or completeness of any Output; (c) AI systems have inherent limitations, including without limitation: (i) the potential to produce repetitive or formulaic content; (ii) difficulty understanding subtle nuances in language or context; (iii) limitations in performing complex reasoning and judgment tasks; (iv) the potential to reflect or perpetuate biases present in training data; and (v) dependence on the quality of training data, which may affect the quality of Output; (d) Output should not be relied upon as a basis for any critical security decision without independent verification and human judgment, and You should exercise independent judgment before relying on any Output; (e) Output may be similar or identical to output generated for Securify's other users who provide similar Input; and (f) You are solely responsible for independently reviewing, monitoring, evaluating, and verifying the accuracy and suitability of any Output, and for any decisions, actions, or omissions based thereon.

4. License to Your Data. You grant Securify a non-exclusive, worldwide, royalty-free, sublicensable (solely to Securify's affiliates and subcontractors), limited license during the term of Your engagement with Securify to use, process, reproduce, and analyze Your Data (including Input) solely for the following purposes: (a) to provide, operate, maintain, and support the Services, including generating Output; (b) to improve the Services, and develop new products, features, and services; and (c) to monitor performance and ensure the security and integrity of the App and Services.

5. De-Identified and Aggregated Data. Securify may collect during your subscription de-identified and aggregated data derived from Your Data, and, during your subscription and indefinitely thereafter, continue to use, reproduce, publish, and otherwise exploit such data, including in combination with data from other users, for analytics, benchmarking, research, product improvement, and any other lawful purpose, provided that such data does not directly or indirectly identify You, Your device, or any individual, and does not contain Your Confidential Information.

6. Ownership of Your Data. As between the parties, You retain all right, title, and interest in and to Your Data (including Input). Nothing in these Terms shall be construed as transferring ownership of Your Data to Securify.

7. Sensitive Data. You shall not submit or transmit through the App any protected health information or other categories of data classified as "sensitive Personal Data" or "special categories of data" under applicable law, except to the extent that such data is expressly required by, and submitted solely in connection with, a Service feature that is specifically designed to collect and process such data. For all other purposes, the submission of sensitive Personal Data or special categories of data is prohibited, unless Securify has provided prior written consent and the appropriate data processing agreements are in place.

8. Privacy Policy. Securify will process Your Personal Data in accordance with our Privacy Policy, available at https://securifyapp.com/privacy-policy/ ("Privacy Policy"), which is incorporated into these Terms by reference. The Privacy Policy describes, among other things, the types of data we collect, how we use and share such data, and Your rights regarding Your Personal Data, including, where applicable, Your rights under the GDPR (such as access, rectification, erasure, restriction, portability, and objection) and the CCPA (such as the right to know, delete, and opt out of certain sales or sharing of Personal Data). You acknowledge and agree that Securify may amend its Privacy Policy from time to time in accordance with applicable law, and that Your continued use of the App following any such amendment constitutes Your acceptance of the revised Privacy Policy.

5. REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) You will access and use the App and the Services in compliance with all applicable laws, rules, and regulations and the terms and conditions of these Terms; (ii) You have all necessary consents, rights, and authority to provide and submit any and all information provided and submitted by You, including any Input and Your Data; (iii) Your Input and Your Data do not and will not infringe, violate, or misappropriate the intellectual property rights, privacy rights, publicity rights, or other rights of any third party; (iv) You will not use the App or Services for any purpose that is unlawful, fraudulent, or prohibited by these Terms; (v) all information You provide in connection with Your Account and Your use of the Services is accurate, current, and complete; and (vi) Your access to and use of the App and Services will comply with all applicable export control and re-export control laws and regulations, including those of the United States, and You will not access or use the App or Services if You are located in, or are a national or resident of, any country subject to a U.S. government embargo, or if You are named on any U.S. government list of prohibited or restricted parties.

6. FEES AND PAYMENT

1. Subscription Fees. You agree to pay Securify the subscription fees as detailed in the applicable online description of the Services (the "Fees"). The Fees, billing frequency, and any additional terms applicable thereto will be set forth in such online description or subscription plan. Fees are non-refundable except as expressly agreed by Securify in writing or as required by applicable law.

2. Payment Method. You authorize Securify (or its designated payment processor) to charge Your selected payment method for all applicable Fees. You are responsible for providing complete and accurate billing information and for updating such information as necessary.

3. Taxes. All Fees are exclusive of taxes, levies, or duties. You are responsible for all applicable taxes, and Securify will charge tax where legally required.

4. Fee Updates. Securify may update the Fees upon 30 days' prior written notice, with such update becoming effective at the commencement of Your next subscription renewal period. Securify may also introduce new fees for additional features or services, which will be communicated to You prior to taking effect.

5. Auto-Renewal. Your subscription will automatically renew for the same period at the then-current Fee unless You cancel before the renewal date. Securify will send You a written renewal reminder within the timeframe required by applicable law before renewal, stating the renewal date, applicable Fee, and cancellation instructions. You may cancel at any time via the App using the same process You used to subscribe. Nothing in this Section limits any mandatory cancellation rights under applicable law.

6. Consumer Cancellation and Withdrawal Rights. (a) US Consumers. You may cancel at any time per Section 6.5. Nothing in these Terms limits any rights You may have under applicable law. (b) EU/EEA Consumers. You have the right to withdraw from Your subscription within fourteen (14) days of contract conclusion, without reason or penalty, under the Consumer Rights Directive (2011/83/EU). To withdraw, notify Securify in writing at privacy@securifyapp.com before the period expires; You may use the standard withdrawal form at https://securifyapp.com/delete-my-information-form/. Securify will acknowledge Your withdrawal promptly and reimburse all payments within fourteen (14) days via Your original payment method, at no fee. If You requested Services begin before the withdrawal period expires, You may lose the withdrawal right upon full performance and will owe a proportionate amount for Services already provided. This right applies to the initial subscription only. Nothing in these Terms limits any mandatory consumer protection rights under applicable law.

7. INTELLECTUAL PROPERTY

1. Securify's IP. All intellectual property rights in and to the App, the Services, and any content provided by Securify (including software, graphics, interfaces, logos, and trademarks), including any and all derivatives, changes and improvements thereof are and shall remain the exclusive property of Securify and its licensors. These Terms do not grant You any intellectual property rights in the App or Services except for the limited license set forth in Section 3.1.

2. Output. As between the parties, the Output shall be owned by You, to the extent permitted by applicable law. Securify makes no representation or warranty as to the nature, scope, or enforceability of such rights. You acknowledge that the Services may generate similar or identical Output for other users who provide similar Input, and that such Output generated for other users will not be owned by You.

3. Feedback. If You provide Securify with any feedback, suggestions, or ideas regarding the App or Services ("Feedback"), such Feedback shall be and remain the sole and exclusive property of Securify, including all intellectual property rights therein, throughout the world. You acknowledge that Securify shall have the unrestricted right to use, exploit, and incorporate such Feedback for any purpose without restriction or compensation to You. To the extent Securify's ownership of such Feedback cannot be established as a matter of applicable law, You hereby grant Securify a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, exploit, and incorporate such Feedback without restriction or compensation.

8. THIRD-PARTY SERVICES

You understand that the App may contain or send You links to third-party websites, applications, or features not owned or controlled by Securify ("Third-Party Sites"), and that links to Third-Party Sites may also appear in content available to You through the App. The App may also enable interaction between the App and a Third-Party Site through applications or integrations, including third-party AI foundation models, cloud infrastructure providers, threat intelligence feeds, and application programming interfaces, that connect the App with a Third-Party Site. Through Third-Party Sites You may be able to access content from third parties that Securify does not control and/or share Your content with others. YOU ACCESS THIRD-PARTY SITES ENTIRELY AT YOUR OWN RISK, AND SECURIFY WILL HAVE NO LIABILITY FOR YOUR USE OF OR ACCESS TO THIRD-PARTY SITES.

9. CONFIDENTIALITY

To the extent Confidential Information of a party is disclosed during the performance of the Services or in connection with these Terms, the receiving party agrees: (i) not to disclose the disclosing party's Confidential Information to any third party other than its employees, advisors, or consultants on a "need to know" basis, provided that such persons are bound by confidentiality obligations no less restrictive than those contained herein; (ii) not to use or reproduce any of the disclosing party's Confidential Information for any purpose except to carry out its rights and responsibilities under these Terms; and (iii) to keep the disclosing party's Confidential Information confidential using at least the same degree of care it uses to protect its own confidential information, which shall not be less than a reasonable degree of care. The confidentiality obligations hereunder shall survive for a period of three (3) years from the date of termination or expiration of these Terms.

10. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAWS IN YOUR JURISDICTION. SECURIFY DOES NOT WARRANT THAT THE APP OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ACKNOWLEDGE THAT NO CYBERSECURITY SOLUTION CAN GUARANTEE ABSOLUTE PROTECTION AGAINST ALL THREATS AFFECTING YOUR DEVICE OR DATA. THE SERVICES ARE INTENDED TO SUPPLEMENT, NOT REPLACE, YOUR OWN SECURITY PRACTICES AND JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND SUITABILITY OF ANY OUTPUT GENERATED BY THE SERVICES AND FOR ANY DECISIONS OR ACTIONS TAKEN BASED THEREON.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECURIFY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SECURIFY IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SECURIFY'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. IN NO EVENT SHALL SECURIFY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SECURIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. INDEMNIFICATION

To the fullest extent permitted by applicable law, You agree to indemnify, defend, and hold harmless Securify, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, damages, and costs (including reasonable attorneys' fees) arising out of or related to: (a) Your use of the App or Services in violation of these Terms or applicable law; (b) Your Data or any content You transmit through the App; or (c) Your violation of any third party's rights, including intellectual property or privacy rights. This Section 12 shall not apply to the extent prohibited by mandatory consumer protection law in Your jurisdiction, and shall not apply to consumers located in the European Union or European Economic Area to the extent such indemnification would be unenforceable under applicable law.

13. TERM AND TERMINATION

1. Term. These Terms are effective as of the date You first accept them and will remain in effect for the subscription term as detailed in the applicable online description of the Services (the "Subscription Term").

2. Termination by Securify. Securify may suspend or terminate Your access to the App and Services at any time, with or without cause, including for any breach of these Terms. If Securify terminates Your account without cause, Securify will refund the pro-rated unused portion of any prepaid Fees.

3. Effects of Termination. Upon termination of these Terms for any reason: (a) Your license to use the App will immediately cease; (b) You must immediately delete all copies of the App from Your devices; (c) Securify may delete Your Data, Your Account, and any associated information from its systems, and shall have no liability for such deletion; and (d) all provisions of these Terms that by their nature are intended to survive termination shall survive, including Sections 4 (Data Collection and Use), 5 (Representations and Warranties), 6 (Fees), 7 (Intellectual Property), 8 (Third-Party Services), 9 (Confidentiality), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15 (General Provisions).

4. Data Retrieval and Retention. Following termination, Securify will have no obligation to maintain or provide You access to Your Data. You are solely responsible for exporting or backing up Your Data prior to termination. Securify’s data retention practices, including retention periods following termination, are described in the Privacy Policy.

14. MODIFICATIONS

Securify may amend these Terms from time to time by posting an updated version within the App and/or by sending You written notice. Your continued use of the App following such amendment constitutes Your acceptance of the revised Terms. If You do not agree with any amendment, You must stop using the App and delete Your Account.

15. GENERAL PROVISIONS

1. Governing Law and Jurisdiction. These Terms shall be governed by the laws of the State of New York, without regard to its conflict of laws principles. Subject to applicable law, any dispute shall be subject to the exclusive jurisdiction of the courts located in the State of New York; provided, however, that if You are a consumer residing in the European Union or European Economic Area, nothing in this Section shall deprive You of the protection afforded by mandatory provisions of the law of Your country of residence, nor shall it prevent You from bringing proceedings in the courts of Your country of residence as permitted under applicable law.

2. Independent Contractors. Nothing in these Terms shall be construed as creating any employment, agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between You and Securify.

3. Assignment. You may not assign or transfer these Terms or any of Your rights hereunder without Securify's prior written consent. Securify may freely assign these Terms.

4. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

5. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between You and Securify with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or communications.

6. No Waiver. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

7. Force Majeure. Neither party shall be liable for any failure or delay in performance (other than payment obligations) caused by events beyond such party's reasonable control, including epidemics, acts of war, terrorism, natural disasters, strikes, government orders, or other force majeure events.

8. Notices. All notices or communications under these Terms shall be in writing and may be delivered by Securify via email to the address associated with Your Account, by in-app notification, or by posting on the App. Notices from Securify shall be deemed received: (a) if sent by email, upon transmission (provided no delivery failure notice is received); (b) if sent by in-app notification, upon posting; or (c) if posted on the App, upon posting. You are responsible for maintaining a current and valid email address in Your Account and for regularly reviewing Your Account for notices. Any notice You wish to send to Securify must be sent to: privacy@securifyapp.com, and shall be deemed received upon actual receipt. Securify may update its contact information by posting the updated details on the App.