Terms of Use

1. Acceptance of these terms

These Terms of Use (“Terms”) govern your access to and use of this website (the “Site”), operated by ThreatLark (“ThreatLark”, “we”, “us”). By accessing or using the Site you agree to these Terms. If you are using the Site on behalf of an organisation, you confirm that you have authority to bind it. If you do not agree, please do not use the Site.

Our Privacy Policy explains how we handle personal information and forms part of how you use the Site.

2. Product information is not an offer

The Site provides general information about ThreatLark, including its capabilities, deployment options and security model. Descriptions reflect the product as implemented at the time of writing and may change. Content on the Site is not an offer capable of acceptance, a quotation, a commitment to deliver any feature or release, or a warranty. Availability, pricing and terms for ThreatLark are agreed only in a written order or agreement signed or accepted by both parties.

3. Software licensing

The use of the ThreatLark software is not governed by these Terms. It is governed solely by the separate licence agreement that accompanies the software or that you enter into with us. Nothing on the Site grants you a licence to the software, its source code, its licence keys, or any related materials. If there is a conflict between these Terms and a signed licence agreement, the licence agreement prevails for the software.

4. Authorized use only: security scanning

ThreatLark includes tools that can actively probe networks, hosts, applications and devices. Information on the Site about those tools is provided for lawful, authorized use only. You may scan, test or assess only systems and networks that you own or for which you hold explicit, documented permission from the owner to test.

• You are solely responsible for obtaining authorization, for staying within its scope, and for complying with all applicable laws (including computer misuse and unauthorized access laws), contracts and the policies of the networks involved.
• Operational technology (OT), medical and other fragile devices can be sensitive even to read-only probes. Agree testing windows and limits with the system owner before scanning them.
• We do not authorize, endorse or accept responsibility for any scanning or testing performed without permission, and any such use is a breach of these Terms.

5. Acceptable use of this website

When using the Site, you agree not to:

• use the Site for any unlawful purpose or in breach of these Terms;
• attempt to gain unauthorized access to the Site, its hosting infrastructure or any connected system, or probe, scan or test their vulnerabilities without our prior written permission;
• interfere with or disrupt the Site, including by sending excessive automated requests or introducing malware;
• scrape or copy the Site in bulk, or reproduce it in a way that suggests it is operated by or endorsed by someone other than us;
• impersonate any person or organisation, or submit false or misleading information through the demo form or email; or
• send us scan results, credentials or other sensitive data you are not entitled to share.

If you believe you have found a security issue affecting the Site, please report it to us at sales@threatlark.com and give us a reasonable opportunity to address it before disclosing it publicly.

6. Intellectual property

The Site and its content, including text, graphics, diagrams, screenshots, logos, the ThreatLark name and design, and the selection and arrangement of material, are owned by ThreatLark or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable permission to view the Site and to print or share individual pages for your own internal evaluation of ThreatLark. You may not otherwise copy, modify, distribute, sell or create derivative works from the Site without our prior written consent.

No right or licence to any trademark, logo or trade name is granted by these Terms. Names of third-party products, tools, standards and organisations that appear on the Site belong to their respective owners and are used only to describe compatibility or functionality. Their use does not imply affiliation or endorsement.

7. Feedback

If you send us suggestions, comments or ideas about ThreatLark or the Site, you grant us a perpetual, worldwide, royalty-free right to use them without restriction or obligation to you, unless we have agreed otherwise in writing. Please do not send information you consider confidential unless a written confidentiality agreement is in place.

8. Links and third-party content

The Site may link to websites, standards and resources operated by third parties. We do not control them and are not responsible for their content, availability, security or privacy practices. A link is not an endorsement. You access third-party sites at your own risk and subject to their terms.

9. Disclaimers

To the fullest extent permitted by law, the Site and all content on it are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, error-free or free of harmful components.

Security information on the Site is general in nature. It is not professional security, legal or compliance advice, and no scanning tool can guarantee that every vulnerability or exposure will be found. You are responsible for evaluating whether ThreatLark is suitable for your environment and for validating any results.

10. Limitation of liability

To the fullest extent permitted by law, ThreatLark and its directors, officers, employees and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to your use of, or inability to use, the Site, even if advised of the possibility of such damages. To the extent liability cannot be excluded, our total aggregate liability for all claims relating to the Site is limited to one hundred US dollars (US$100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any rights you have as a consumer under mandatory law. Liability under any licence agreement for the software is governed by that agreement.

11. Indemnity

You agree to indemnify and hold harmless ThreatLark and its directors, officers, employees and affiliates from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your violation of any law or third-party right, or any scanning or testing you carry out without proper authorization. We will notify you of any claim promptly and you will reasonably cooperate in its defence. We reserve the right to assume control of the defence of any matter that is subject to indemnification.

12. Changes and availability

We may change, suspend or discontinue the Site or any part of it at any time without notice. We may also update these Terms from time to time. The “Last updated” date at the top shows when they last changed, and the updated Terms apply from that date. Your continued use of the Site after a change means you accept the revised Terms. We may restrict or end your access to the Site if you breach these Terms.

13. Governing law

These Terms, and any dispute arising out of or in connection with them or the Site, are governed by the laws of the jurisdiction in which ThreatLark is established, without regard to conflict-of-law rules. The courts of that jurisdiction have exclusive jurisdiction over any such dispute, except that either party may seek urgent injunctive relief in any competent court, and nothing in these Terms removes mandatory consumer protections that apply where you live.

14. General

These Terms, together with the Privacy Policy and any separate written agreement between you and us, are the entire agreement between you and us about the Site. If any provision is found to be unenforceable, the remaining provisions remain in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Sections that by their nature should survive termination will do so.

15. Contact us

Questions about these Terms or the authorized use of ThreatLark can be sent to sales@threatlark.com.