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Terms of Service

Effective Date: January 20, 2025 | Version 2.0

LEGALLY BINDING AGREEMENT - READ CAREFULLY

BY ACCESSING, BROWSING, OR USING ANY PORTION OF OUR SERVICE IN ANY MANNER WHATSOEVER, YOU IRREVOCABLY ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY.

IF YOU DO NOT AGREE TO EVERY SINGLE PROVISION OF THESE TERMS, YOU ARE STRICTLY PROHIBITED FROM USING OUR SERVICE AND MUST IMMEDIATELY CEASE ALL ACCESS. YOUR CONTINUED USE CONSTITUTES ONGOING ACCEPTANCE OF ANY AND ALL MODIFICATIONS.

THESE TERMS INCLUDE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

1. Acceptance of Terms

By accessing, browsing, or using InsiderRiskIndex.io ("Service"), operated by Above Security Inc. ("Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations.

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Service. If you are using the Service on behalf of an organization, you represent and warrant that you have full authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Service after any modifications constitutes acceptance of the revised Terms.

2. Service Description and Disclaimer

InsiderRiskIndex.io provides insider risk assessment tools, benchmarking data, educational resources, and related services. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.

CRITICAL DISCLAIMERS - NO EXCEPTIONS:

• THE SERVICE IS PROVIDED STRICTLY FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL SECURITY CONSULTING, LEGAL ADVICE, OR CYBERSECURITY SERVICES

• WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER REGARDING THE PREVENTION OF INSIDER THREATS, SECURITY BREACHES, OR ANY SECURITY INCIDENTS

• ASSESSMENT RESULTS ARE ESTIMATES BASED SOLELY ON SELF-REPORTED DATA AND MAY BE INACCURATE, INCOMPLETE, OR MISLEADING

• WE DISCLAIM ALL RESPONSIBILITY FOR ANY DECISIONS, ACTIONS, OR SECURITY IMPLEMENTATIONS MADE BASED ON OUR ASSESSMENTS OR RECOMMENDATIONS

• WE MAKE NO GUARANTEES ABOUT ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE

• YOU ACKNOWLEDGE THAT CYBERSECURITY IS COMPLEX AND THAT NO ASSESSMENT TOOL CAN GUARANTEE SECURITY OR PREVENT ALL THREATS

• USE OF THIS SERVICE DOES NOT CREATE ANY PROFESSIONAL RELATIONSHIP OR ONGOING SECURITY OBLIGATIONS

3. User Obligations and Prohibited Uses

By using our Service, you agree to:

  • Provide accurate and truthful information
  • Maintain the confidentiality of any account credentials
  • Comply with all applicable laws and regulations
  • Not use the Service for any unlawful purpose
  • Not interfere with or disrupt the Service

STRICTLY PROHIBITED ACTIVITIES - ZERO TOLERANCE:

YOU ARE ABSOLUTELY PROHIBITED FROM THE FOLLOWING ACTIVITIES UNDER ANY CIRCUMSTANCES:

  • Reverse engineering, decompiling, disassembling, or attempting to derive source code from the Service
  • Using automated systems, bots, scrapers, or any software to extract, harvest, or collect data from the Service
  • Attempting to gain unauthorized access to any systems, networks, or data associated with the Service
  • Transmitting, uploading, or introducing viruses, malware, ransomware, or any harmful or malicious code
  • Violating, infringing, or misappropriating any intellectual property rights, copyrights, trademarks, or proprietary rights
  • Harassing, threatening, stalking, intimidating, or causing harm to other users or our personnel
  • Using the Service to compete with us, create competing products, or develop derivative works
  • Reselling, redistributing, sublicensing, or commercializing the Service without express written authorization
  • Circumventing, disabling, or attempting to bypass any access restrictions, security measures, or technological protection measures
  • Using the Service for competitive intelligence, benchmarking against competitors, or market research purposes
  • Engaging in any fraudulent, deceptive, or misleading activities in connection with the Service
  • Using the Service for any illegal, unlawful, or unauthorized purposes
  • Attempting to interfere with, disrupt, or overload our servers, networks, or infrastructure
  • Creating false accounts, impersonating others, or providing false or misleading information
  • Using the Service in any manner that could damage, disable, or impair our operations

VIOLATION OF ANY PROHIBITION WILL RESULT IN IMMEDIATE TERMINATION, LEGAL ACTION, AND YOU MAY BE HELD LIABLE FOR ALL DAMAGES AND COSTS INCLUDING ATTORNEYS' FEES.

4. Intellectual Property Rights

All content, features, functionality, and materials available through the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof ("Content") are the exclusive property of Above Security Inc. or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes only. This license does not include any right to:

  • Reproduce, distribute, or publicly display any Content
  • Modify or create derivative works based on the Service
  • Use the Content for any commercial purpose without our prior written consent
  • Transfer or sublicense any rights granted to you under these Terms

INTELLECTUAL PROPERTY ENFORCEMENT:

ANY UNAUTHORIZED USE, REPRODUCTION, DISTRIBUTION, OR EXPLOITATION OF THE SERVICE OR CONTENT CONSTITUTES WILLFUL INFRINGEMENT AND MAY RESULT IN:

  • IMMEDIATE LEGAL ACTION INCLUDING INJUNCTIVE RELIEF
  • CRIMINAL PROSECUTION UNDER APPLICABLE LAWS
  • CIVIL LIABILITY FOR DAMAGES UP TO $150,000 PER WORK UNDER COPYRIGHT LAW
  • ATTORNEYS' FEES AND COURT COSTS
  • SEIZURE AND DESTRUCTION OF INFRINGING MATERIALS

WE ACTIVELY MONITOR FOR INFRINGEMENT AND WILL PURSUE ALL AVAILABLE LEGAL REMEDIES.

5. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.

You acknowledge and agree that:

  • We may collect and analyze usage data to improve the Service
  • Assessment data may be aggregated and anonymized for benchmarking
  • We are not responsible for data breaches beyond our reasonable control
  • You are responsible for maintaining appropriate security measures for your account

6. LIMITATION OF LIABILITY

CRITICAL LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ABOVE SECURITY INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

7. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ABOVE SECURITY INC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM:

  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your use or misuse of the Service
  • Any content you submit or transmit through the Service
  • Your violation of any applicable laws or regulations
  • Any damages arising from your organization's insider threats

This indemnification obligation will survive the termination of these Terms and your use of the Service.

8. Dispute Resolution and Arbitration

MANDATORY BINDING ARBITRATION:

ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES.

• YOU IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL

• YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION

• YOU WAIVE YOUR RIGHT TO SEEK PUNITIVE OR EXEMPLARY DAMAGES

• YOU WAIVE YOUR RIGHT TO ANY FORM OF COLLECTIVE OR REPRESENTATIVE ACTION

• THE ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY

• THE ARBITRATOR CANNOT CONSOLIDATE CLAIMS OR JOIN PARTIES

• YOU AGREE THAT ARBITRATION IS THE SOLE AND EXCLUSIVE REMEDY FOR ALL DISPUTES

The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees, except that the Company may seek attorneys' fees and costs if the arbitrator determines that your claim was frivolous.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.

9. Termination

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination:

  • Your right to use the Service will immediately cease
  • All licenses granted to you will immediately terminate
  • We may delete any content or information associated with your account
  • We have no obligation to maintain or provide any data after termination

Sections 4, 6, 7, 8, and 10 shall survive any termination of these Terms.

10. General Provisions

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware.

10.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Above Security Inc. regarding the Service and supersede all prior agreements and understandings.

10.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

10.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

10.5 Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms without restriction.

10.6 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to acts of God, natural disasters, pandemic, war, terrorism, riots, government actions, or any other cause beyond our reasonable control.

10.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations, including U.S. export controls and economic sanctions.

11. DMCA Notice

We respect intellectual property rights. If you believe that any content on our Service infringes your copyright, please send a DMCA notice to:

Above Security Inc.
Legal Department - DMCA
Email: [email protected]
Subject Line: "DMCA Notice - InsiderRiskIndex.io"

12. Contact Information

For questions about these Terms of Service, please contact us at:

Above Security Inc.

Email: [email protected]

Website: https://insiderisk.io

Support: [email protected]

© 2025 Above Security Inc. All rights reserved. InsiderRiskIndex.io is a trademark of Above Security Inc.

By using this Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.