SHADOWSIGHT - TERMS OF SERVICE
ShadowSight is designed to make the detection of undesirable activity such as data leakage, unauthorised access and fraud by employees and contractors simple. Features such as ongoing whitelisting of known good activity results in very accurate results with very low false positive rates in a relatively short time. Your agreement is with ShadowSight Pty Ltd. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy and Acceptable Use Policy.
Your information & Your Permissions
When you use our Services, you provide us with information such as your files, content, emails, application logs and meta data (Your information ). Your information is yours. These Terms don’t give us any rights to your information except for the limited rights that enable us to offer the Services.
We need your permission to do things such as hosting your information and backing it up. Our Services also provide you with features like analytics and alerting. To provide these and other features, ShadowSight accesses, stores and scans your information. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Your Responsibilities
Your use of our Services must comply with our acceptable usage policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
ShadowSight may review your conduct and content for compliance with these Terms and our acceptable usage policy. We are not responsible for the content people post and store via the Service.
Help us keep Your information protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
Beta Services
We sometimes release products and features that we’re still testing and evaluating (‘Beta Services’). Beta Services are labelled ‘alpha’, ‘beta’, ‘preview’, ‘early access’ or ‘evaluation’ (or with words or phrases with similar meanings) and may not be as reliable as ShadowSight’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
Additional Features
From time to time, ShadowSight will add additional features to enhance the user experience of our service at no additional charge. However, these free features may be withdrawn without further notice.
Our Information
The Services are protected by copyright, trademark, and other Australian and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, ShadowSight trademarks, logos and other brand features. We welcome feedback, but please note that we may use comments or suggestions without any obligation to you.
Copyright
ShadowSight respects the intellectual property rights of others and expects its users to do the same. ShadowSight will respond expeditiously to claims of copyright infringement committed using the ShadowSight service.
Termination
We reserve the right to suspend or terminate your access to the Services with notice to you if:
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
Discontinuation of Services
We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond ShadowSight’s control (for example a natural disaster, fire or explosion) or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your information from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, ShadowSight and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided ‘as is’. We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties granted to consumers by EU law.
Limitation of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so – this includes any liability for ShadowSight’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services. In countries where the following types of exclusions aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can't be waived or limited by any contract or agreement. If you are an EU or UK consumer, these terms do not exclude ShadowSight’s liability for losses and damages that are a result of our failure to use reasonable care and skill in providing the services or of our breach of our contract with you, as long as those losses and damages are reasonably foreseeable.
In countries where exclusions or limitations of liability are allowed, ShadowSight, its affiliates, suppliers or distributors won’t be liable for:
These exclusions or limitations will apply regardless of whether or not ShadowSight or any of its affiliates have been warned of the possibility of such damages.
Resolving Disputes
Let’s try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against ShadowSight, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at dispute-notice@ShadowSight.com that includes your name, a detailed description of the dispute and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or ShadowSight may bring a formal proceeding. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
Judicial Forum for Disputes. You and ShadowSight agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Victoria, Australia, subject to the mandatory arbitration provisions below. Both you and ShadowSight consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give users the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A US RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We both agree to arbitrate. You and ShadowSight agree to resolve any claims relating to these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the ‘Exceptions to Agreement to Arbitrate’ below. This includes disputes arising out of or relating to the interpretation or application of this ‘Mandatory Arbitration Provisions’ section, including its scope, enforceability, revocability or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.
Opt out of Agreement to Arbitrate. You can decline this agreement to arbitrate by submitting the opt-out form within 30 days of first registering your account or agreeing to these Terms. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private lawyer general actions and consolidation with other arbitrations aren’t allowed.
Severability. If any part of this ‘Mandatory Arbitration Provisions’ section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this ‘Mandatory Arbitration Provisions’ section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this ‘Mandatory Arbitration Provisions’ section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.
Controlling Law
These Terms will be governed by Victorian, Australian law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
Entire Agreement
These Terms constitute the entire agreement between you and ShadowSight with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms. Our past, present and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.
Waiver, Severability & Assignment
ShadowSight’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. ShadowSight may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
