Terms and Conditions
Updated: 13th February 2024
Please read this Agreement carefully and keep a copy for your reference.
This “Agreement” set forth the terms and conditions under which Cyber Risk Intelligence Pty Ltd. (“DarkXposed,” “we,” “us,” or “our”) will provide Dark Web intelligence products and services (the “Products”) to you (“you” or “your”) as a Client, Prospective Member, Member or subscriber for any such Products. “Email Address” means the email address you give to us when you accept this Agreement, or any other email address that you subsequently give us by updating your account registration information. To assure your continued receipt of Email Notifications, you must notify us each time you change your Email address.
To become a Client or Member and continue to use this web site or pay a subscription or payment to DarkXposed you agree with these Terms and Conditions and agree to abide by them. By accepting this Agreement, you represent that you are a natural person over 18 years of age and that your access to and use of the Products does not and will not violate any applicable law. Additionally, you represent and warrant that you will only use the Products in connection with your DarkXposed account. By accepting this Agreement, that action will signify your acceptance of this Agreement.
Upon agreeing to these Terms and Conditions for use of our products you will also specifically be agreeing with and accepting the limitations of our Product and service statement being the following - Because of the enormous size of the Dark Web, limitations of network connections and third-party providers, we wish to make it very clear that it is not possible for DarkXposed to discover all or sometimes any compromised credentials or to guarantee other services as being 100% correct.
- DarkXposed Products and services should be used ONLY to help support accepted 'best practice' cyber security procedures.
- DarkXposed does not provide cyber security.
- DarkXposed provides cyber intelligence, to help to support your cyber security team.
THE GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL PROSPECTIVE SUBSCRIBERS, SUBSCRIBERS, REFERRERS, MEMBERS AND CLIENTS
You authorize DarkXposed and its subcontractors and service providers to obtain, analyze, process, monitor and scan the Dark Web for compromised credentials being offered for sale, in relation to your business, staff, suppliers and clients.
B. Refusal of Membership.
We reserve the right to reject any request for Products for any reason, including, without limitation,
(i) unavailability of a service in the state or country where you reside or other legal restrictions,
(ii) your credit history,
(iii) your inability to provide an appropriate payment method,
iv) you do not reside in the countries we provide the service for. The products and service is not available in all countries.
C. Breach Alerts; Network Limitations.
You understand and agree that the Products (including our services provided therewith) do not include reporting if required to authorities concerned. This is your responsibility. Additionally, you understand and acknowledge that we monitor your supplied asset information using a network, which is composed of certain proprietary technologies and databases owned or otherwise licensed to us for our use, and that not all breaches, including fraudulent breaches displaying your password or using your personal information, may be monitored due to limitations in the scope and breadth of our network and size of the Dark Web. During the term of your use of the Products, our network and its scope may change without notice to you. It is not possible to find all email password breaches. DarkXposed may find some breaches but not all breaches. For example the person who committed the breach may not place the information for sale on the dark web and may monetise the breach themselves. DarkXposed monitoring service focuses on compromised email credentials. DarkXposed will not protect you from cyber-attack, nor can every breach be found. DarkXposed should be used in conjunction with best cyber security practices. You also understand that it may take up to one week from acceptance of this Agreement and Membership enrolment in the Products for all related services to be fully activated.
D. Email Alerts.
DarkXposed may make certain features of the Products, including email alerts, available on or through your desktop computer or registered mobile device(s). You have the obligation to secure your emails and lock your devices and otherwise protect your information contained therein. You consent to the receipt of email alerts from DarkXposed in the quantity, frequency and types delivered through the Products. You are responsible for any fees or other charges (including, where applicable, roaming and data charges) that your wireless carrier may charge for any related data or message services.
You understand and agree that DarkXposed is in no way responsible for, and expressly disclaims any and all liability related to, the failure of an email alert to be actually, accurately, timely, or fully delivered to you for any reason whatsoever, including, but not limited to, technical errors or other problems with our systems, those of our third-party providers, those of your mobile service provider, any other third-party company, or issues related to your internet or mobile account or device. Or delays resulting from pandemic issues.
You recognize that you should not rely on alerts from DarkXposed alone. You understand and agree that DarkXposed expressly disclaims and bears no liability for any delay or failure to flag an issue or compromised credential.
E. Modification of this Agreement and Products; Additional Agreements.
We reserve the right to change or supplement the terms of this Agreement by posting a new version on the DarkXposed web site (this “Site”) or by otherwise notifying you of the revised Agreement. By using this Site and or becoming a subscriber, you agree to be bound by this Agreement that is in force during such use.
We reserve the right to change, modify, expand, discontinue, or retire any Product, or any feature thereof, at any time.
F. Personal Information Privacy.
G. Personal Conduct.
You understand and agree that you have an obligation to act responsibly to protect your information in a reasonable way. You further understand and agree that you have a duty not to allow the reckless disclosure or publishing of your passwords, and/or similar personal information to persons who may reasonably be expected to misuse such information (e.g., “phishing” scams, unsolicited emails, etc.). You also agree to keep and protect your account login information for your subscription for the Products from unauthorized use. Should you breach your obligation to protect your account login information, DarkXposed may terminate your use of the Products without advance notice to you.
H. Intellectual Property.
DarkXposed uses third party providers to supply our services. DarkXposed retains sole and exclusive right, title and interest in and to our Products, all proprietary inventions and technology associated therewith (whether or not patentable), and all of our trademarks, copyrights, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Products, including, but not limited to, DarkXposed®, the DarkXposed logo. All of our proprietary inventions and technology, and all promotional materials, advertising, websites and other Company marketing venues are protected by various intellectual property laws, including, but not limited to, trade secret, copyright and trademark laws. Without our prior written consent, any use of our Marks and Copyrights, or any other proprietary intellectual property, is strictly prohibited.
I. Linking Policy.
In connection with the Products that we offer, we have established Internet links from our website to information and other relevant websites. These linked websites are not under our control and we are not responsible for their content or delivery. Our use of such links does not constitute or imply our endorsement or guarantee of the products, services, information or recommendations provided by any such websites. In addition, these websites may have privacy policies that are different than ours and may provide you less security for your confidential information than we do. If you access any linked third party website, you do so at your own risk. We disclaim all liability with regard to your access to such linked websites.
J. Liability Limitations.
In order to provide certain of the services associated with our Products, we subcontract with, operate under licenses from, and receive information feeds from, certain third- party service providers. You agree we are not responsible for (i) the accuracy, completeness, and/or validity of any products, services, solutions or information provided to us by third parties (including, without limitation, consumer reporting agencies), (ii) incorrect or incomplete information that you provide to us, such as incorrect or outdated contact or account information, or (iii) incorrect information that we receive from third-party sources, or our failure to obtain information from third-party sources, as a result of incorrect or incomplete information that you provide us. In addition, we are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest, or other damages, whether direct, indirect, special, punitive, incidental, or consequential (any of which, “Losses”), caused by or arising from your use of the Products, and neither we nor our subcontractors and suppliers will be liable for the loss, confidentiality, unauthorized disclosure or security of any data or information while in transit via the Internet, telephone or other communication lines, postal system, ACH network or other means of transmission.
If you subscribe to any Product, you do it at your initiative and are solely responsible for compliance with applicable laws relating to your use of such Product. Neither we nor our subcontractors and suppliers warrant the adequacy, accuracy, or completeness of any information provided through any Product or contained in any third-party website linked to or from any DarkXposed website.
You understand and agree that DarkXposed expressly disclaims and bears no liability for security breaches suffered by the you, whether identified by us or not. Further, you understand and agree that DarkXposed and our Products do not, and are not intended to, provide cyber security, internet security nor and security advice or cyber security protection whatsoever. The products is merely an early warning of a possible breach should it be detected. Not all breaches are detected. It is not always possible for our products to detect breaches. No one threat intelligence detection system such as DarkXposed can ever detect all compromised credentials.
You understand and agree that DarkXposed expressly disclaims and bears no liability for fraudulent transactions, whether identified by us or not. Further, you understand and agree that DarkXposed and our Products do not, and are not intended to, provide legal, tax, investment or other financial advice.
We disclaim any and all express or implied warranties, including any warranties of merchantability, fitness for a particular purpose, non-infringement or error-free operation, and all Products and related services provided to you are provided on an “as-is”, “where-is” and “as-available” basis.
Should any claim by Arbitration or a Court of law against DarkXposed be successful you agree it will be restricted to a refund payment equal to and no more than the last months subscription paid by you or part of any remaining annual subscription. Each party will pay their own legal expenses. You also agree to waive your right to participate in or bring class actions.
K. Queensland Australia and Cross-Border Use.
You understand and agree that the Products are meant for use in, and provided to you under the laws of Queensland Australia. Should you choose to use the Products outside of Queensland Australia, you bear any and all responsibility for determination of, and compliance with, all non- Queensland Australia laws applicable to such use.
You agree to use the Products only for the purposes stated in, and in compliance with, this Agreement. You agree that you will indemnify and hold DarkXposed and our affiliates, and all directors, officers, employees, MSP resellers, associates and agents thereof, harmless for, from and against all losses, damages, claims, amounts paid in settlement of claims, costs and expenses, (including reasonable attorneys’ and consultants’ fees and expenses), interest, awards, judgments, fines, penalties and other liabilities made by or owing to any third-party to the extent caused by or arising from your violation of this Agreement, or your violation of any law, regulation, or third-party rights in connection with your use of any of the Products.
We may assign any or all of our rights and/or delegate all or any of our obligations under this Agreement to any third-party without your consent. You may not assign your rights or delegate your obligations under this Agreement to anyone without our prior written consent, which we may give or withhold in our sole discretion.
N. Governing Law.
This Agreement is governed by and will at all times be construed, interpreted, and enforced in accordance with applicable Australian federal law and, to the extent state law applies, the laws of Queensland, Australia.
This law will apply for all Referrers and DarkXposed clients irrespective of the country they may reside in. For clarity Clients and Referrers in the USA, UK and EU agree this agreement is bound by Australian Law and remedies can only be sought through Australian federal law and, to the extent state law applies, the laws of Queensland, Australia.
O. Dispute Resolution - Venue and Arbitration.
Any claim or controversy arising out of or relating to this Agreement, your use of the Products, or any acts or omissions for which you contend we are liable, including, but not limited to, whether a particular claim or controversy is subject to this section (“Dispute”), will be finally, and exclusively, settled by arbitration held before one arbitrator under the commercial arbitration rules of Queensland Australia. The arbitration will be conducted in Brisbane Queensland Australia. The arbitrator will be selected pursuant to the Queensland Australia court rules. The arbitrator will have the power to award no more than the payment already agreed to under the clause J - Liability Limitations. Each party will pay their own expenses resulting from the process of arbitration.
In regard to consequential, punitive, or exemplary damages (collectively, “Enhanced Damages”), both you and we irrevocably waive any claim to Enhanced Damages, except where such a waiver would explicitly violate the law of Queensland Australia. This section, regarding Arbitration, will not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any party other than you or us, regardless of the nature of the issues or disputes involved. Any judgment upon the award rendered by the arbitrator may be entered in any court which has jurisdiction over the non-prevailing party.
By agreeing to the foregoing arbitration terms, you waive your right to go to court to assert or defend your rights. You also waive your right to participate in or bring class actions. If any of the foregoing provisions is determined by a court or arbitrator to be inapplicable or unenforceable with respect to a Dispute, you and we agree that, subject to the foregoing arbitration provisions, jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Brisbane, Queensland Australia. If either you or we employ attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party will be entitled to recover reasonable attorneys’ fees and expenses, as well as arbitration and/or court costs.
DarkXposed will not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of our rights under this Agreement. No waiver by us will be binding unless in writing and signed by an authorized representative of DarkXposed. No waiver by us of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
Q. Refund of Product Fees.
You will not be entitled to a refund of any prepaid Product Fees (or any portion thereof) if you terminate any monthly or annualised subscription for Products. Termination by DarkXposed of your annual or monthly subscription will entitle you to a refund of 100% of a prorated portion of Product Fees that you have prepaid for such subscription.
R. Effect of Invalidity.
If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, such provision (to the extent of such invalidity or unenforceability) shall be deemed severed from this Agreement, and the remaining provisions of this Agreement will remain valid and enforceable.
S. Compliance Assurance on Business Domain Credentials Exchange
At DarkXposed, we respect and understand the critical nature of privacy and data protection in our professional relationships. In the context of our collaboration involving your organization, your clients, and your suppliers, we want to assure you that we strictly comply with all privacy regulations, including GDPR.
The exchange of business domain credentials, such as the '@xyzcompany.com' addresses for your organization, your clients, or your suppliers, does not constitute a violation of privacy or GDPR regulations. This information is categorized as business contact data, distinct from personal data, and sharing such information is considered a standard and compliant practice in professional interactions.
Please note, we do not require nor request personal or sensitive information such as passwords, usernames, dates of birth, or any other information that may be classified as personal or sensitive under GDPR guidelines. Our commitment is to protect the integrity and confidentiality of all shared data, rigorously adhering to all applicable laws and standards.
Your trust is important to us, and we want to assure you that we handle all operations involving the exchange of business domain credentials with the utmost care. If you have any further concerns or questions about our data protection practices, we encourage you to contact our dedicated compliance team.
Your business and its privacy is safe with DarkXposed.
These Terms and Conditions will be updated from time to time and the latest version can always be viewed on our DarkXposed web site –DarkXposed.com
You can contact us anytime by using the Contact Form on the DarkXposed web site – DarkXposed.com
Last updated: 13th February 2024
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Limitations of Service: It is not possible for Cyber Risk Intelligence or DarkXposed to discover all compromised credentials or to guarantee other services as being 100% correct. For best results, all services should be used ONLY to help support accepted 'best practice' cyber security procedures.
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