Terms of Service

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Whiteswan Identity Security Corp (“Company,” “we,” “us,” or “our”), concerning your access to and use of the whiteswansecurity.com website as well as any other related media form, channel, or application (collectively, the “Site”). We are registered in California, United States, with our registered office at 333 W San Carlos St, Suite 600, San Jose, CA 95110, USA. By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes to these Terms and Conditions at any time, indicated by an updated “Last updated” date. You will be deemed to have accepted such changes by your continued use of the Site.

The information provided on the Site is not intended for distribution to or use in any jurisdiction where that would be contrary to law or regulation. The Site is not tailored to comply with industry-specific regulations such as HIPAA or FISMA, and may not be used in a way that would violate the Gramm-Leach-Bliley Act. The Site is intended for users who are at least 18 years old.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Site (the “Content”), along with the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property and unfair competition laws. The Content and Marks are provided “AS IS” for your information and personal use only; no part may be copied, reproduced, republished, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

3. User Representations

By using the Site, you represent and warrant that: all registration information you submit is true, accurate, current, and complete; you will maintain and promptly update that information; you have the legal capacity to comply with these Terms; you are not a minor in your jurisdiction; you will not access the Site through automated or non-human means; you will not use the Site for any illegal or unauthorized purpose; and your use will not violate any applicable law or regulation. If you provide untrue, inaccurate, or incomplete information, we may suspend or terminate your account.

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove or change a username we determine, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.

5. Fees and Payment

We accept Visa, Mastercard, Stripe, QuickBooks, and PO payment with direct deposit. You agree to provide current, complete, and accurate purchase and account information, and to promptly update it. We bill through an online billing account; sales tax will be added as required; we may change prices at any time; all payments are in U.S. dollars. You authorize us to charge your chosen payment provider, including on a recurring basis where applicable, until you cancel. We reserve the right to correct pricing errors and to refuse any order.

6. Free Trial

We offer a 30-day free trial to new users who register with the Site. The account will not be charged, and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

7. Cancellation

You can cancel your subscription at any time by contacting us; cancellation takes effect at the end of the current paid term. If you are unsatisfied with our services, email vmamidi@whiteswansecurity.com or call (+1) 650-793-0054.

8. Software

We may include software for use with our services. Where accompanied by an end user license agreement (EULA), the EULA governs. Where not, we grant you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with our services. Any software is provided “as is” without warranty of any kind. You accept all risk arising from its use.

9. Prohibited Activities

You may not access or use the Site for any purpose other than that for which it is made available, or for any commercial endeavor not specifically endorsed by us. As a user, you agree not to: systematically retrieve data to build a collection or database without our written permission; trick, defraud, or mislead us or other users; circumvent or interfere with security-related features; disparage or harm us or the Site; use information from the Site to harass or harm another person; misuse our support channels or submit false abuse reports; use the Site inconsistently with applicable laws; frame or link to the Site without authorization; upload viruses or other harmful material, or spam; use automated means such as scripts, bots, or data-mining tools; delete copyright or proprietary notices; impersonate another user; deploy passive or active information-collection mechanisms such as web bugs or spyware; interfere with or burden the Site’s networks; harass our employees or agents; bypass access-restriction measures; copy or adapt the Site’s code; reverse engineer the Site’s software except as permitted by law; use unauthorized scripts, spiders, or scrapers; use a buying or purchasing agent on the Site; collect usernames or emails for unsolicited messaging, or create accounts by automated means or false pretenses; or use the Site to compete with us or for any unauthorized revenue-generating purpose.

10. User Generated Contributions

The Site does not currently offer users the ability to submit or post content. Where we do provide such opportunity (“Contributions”), you represent and warrant that your Contributions do not infringe any third party’s proprietary rights; that you own or have the necessary rights to grant our use of them; that they are not false, unsolicited, obscene, harassing, or unlawful; that they do not violate any law, privacy right, or child-protection law; and that they do not contain discriminatory content. Violations may result in termination or suspension of your access.

11. Contribution License

You agree that we may access, store, process, and use any information and personal data you provide, following the terms of our Privacy Policy. By submitting suggestions or feedback, you agree we may use and share it for any purpose without compensation to you. We do not assert ownership over your Contributions; you retain full ownership and are solely responsible for them.

12. Social Media

If the Site allows you to link a third-party account, you represent that you are entitled to grant us access to it without breaching that account’s own terms. Your relationship with any third-party service provider is governed solely by your agreement with them; we are not responsible for any social network content. You may disable the connection at any time.

13. Submissions

Any questions, comments, suggestions, or other feedback you provide regarding the Site (“Submissions”) are non-confidential and become our sole property, with unrestricted rights to use and disseminate them without compensation to you. You waive all moral rights to such Submissions and warrant that they are original to you.

14. U.S. Government Rights

Our services are “commercial items” as defined in FAR 2.101. If acquired by or on behalf of a civilian agency, our services are subject to these Terms in accordance with FAR 12.212 and 12.211. If acquired by or on behalf of the Department of Defense, DFARS 227.7202-3 applies (and DFARS 252.227-7015 to technical data). This clause supersedes any conflicting FAR or DFARS provision addressing government rights in our software or technical data.

15. Site Management

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms; take legal action against violators, including reporting to law enforcement; restrict, refuse, or disable access to any Contributions; remove content that is excessive in size or burdensome to our systems; and otherwise manage the Site to protect our rights and its proper functioning.

16. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Terms by reference. The Site is hosted in the United States; if you access it from a region with data laws that differ from those of the United States, your continued use means you agree to have your data transferred to and processed in the United States.

17. Term and Termination

These Terms remain in full force while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to or use of the Site to any person for any reason, including breach of these Terms, and to terminate or delete your account and any content you posted at any time. If terminated, you are prohibited from creating a new account under your name, a fake name, or any third party’s name.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the Site’s contents at any time without notice, and we have no obligation to update information on the Site. We cannot guarantee the Site will be available at all times, and we will not be liable for any loss or inconvenience caused by downtime or discontinuance.

19. Governing Law

These Terms and your use of the Site are governed by the laws of the State of California, without regard to conflict-of-law principles.

20. Dispute Resolution

Informal negotiations. The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.

Binding arbitration. If informal negotiations fail, the dispute will be finally resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), and where appropriate, the AAA Consumer Rules, available at www.adr.org. Except where AAA rules or applicable law require otherwise, arbitration will take place in San Mateo, California. The parties may litigate in court solely to compel arbitration, stay proceedings, or confirm, modify, vacate, or enter judgment on an arbitration award. No dispute may be brought more than one year after the cause of action arose.

Restrictions. Arbitration is limited to the dispute between the parties individually; no arbitration may be joined with another proceeding, brought on a class-action basis, or brought in a representative capacity on behalf of the general public.

Exceptions. Disputes seeking to enforce or protect intellectual property rights, disputes concerning theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief are not subject to informal negotiation or arbitration.

21. Corrections

The Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct these and to change or update information at any time without prior notice.

22. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR ANY LINKED WEBSITE, AND ASSUME NO LIABILITY FOR ERRORS OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; UNAUTHORIZED ACCESS TO OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; BUGS OR VIRUSES TRANSMITTED BY ANY THIRD PARTY; OR ERRORS OR OMISSIONS IN ANY CONTENT. WE DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE.

23. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. Certain jurisdictions do not allow these limitations, so some may not apply to you.

24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Site, breach of these Terms, breach of your representations and warranties, violation of a third party’s rights, or any overt harmful act toward another user.

25. User Data

We maintain certain data you transmit to the Site for managing its performance, as well as data relating to your use of the Site. Although we perform regular backups, you are solely responsible for all data you transmit, and you waive any right of action against us for loss or corruption of such data.

26. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that they satisfy any legal requirement that communication be in writing, and you agree to the use of electronic signatures, contracts, and records.

27. California Users and Residents

If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

28. Miscellaneous

These Terms and any policies posted by us constitute the entire agreement between you and us. Our failure to enforce any right or provision is not a waiver of it. We may assign our rights and obligations at any time and are not liable for any failure to act caused by circumstances beyond our reasonable control. If any provision is found unlawful, void, or unenforceable, it is severable and does not affect the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms or use of the Site.

29. Contact Us

To resolve a complaint regarding the Site, or for further information regarding use of the Site, contact:

Whiteswan Identity Security Corp
333 W San Carlos St, Suite 600
San Jose, CA 95110
United States
Phone: (+1) 650-793-0054
vmamidi@whiteswansecurity.com