Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BriarWatchIT ("Company," "we," "our," or "us") governing your access to and use of the BriarWatch security scanning platform and related services ("Service").

By creating an account, accessing, or using BriarWatch, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are using BriarWatch on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

2. Description of Service

BriarWatch is a security scanning and vulnerability management platform that enables organizations to:

• Perform automated security scans of authorized systems and networks
• Identify and track security vulnerabilities
• Generate security reports and compliance documentation
• Manage asset inventories and security posture
• Receive AI-powered security analysis and recommendations

3. Acceptable Use Policy

3.1 Authorized Scanning Only

CRITICAL: You may ONLY use BriarWatch to scan systems, networks, domains, and assets that you own or for which you have explicit, documented authorization to scan. Unauthorized scanning is strictly prohibited and may violate federal and state laws.

By initiating a scan, you represent and warrant that:

• You own the target systems, OR
• You have written authorization from the system owner to perform security testing, OR
• You are acting within the scope of your employment duties with proper authorization

3.2 Prohibited Uses

You agree NOT to use BriarWatch to:

• Scan any system without proper authorization
• Perform denial-of-service attacks or intentionally disrupt services
• Exploit discovered vulnerabilities for unauthorized access
• Harvest or collect information for malicious purposes
• Violate any applicable law, regulation, or third-party rights
• Interfere with or circumvent the security features of the Service
• Resell, sublicense, or provide access to the Service without authorization
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems to access the Service in a manner that exceeds reasonable use
• Transmit malware, viruses, or other malicious code through the Service

3.3 Compliance with Laws

You are solely responsible for ensuring your use of BriarWatch complies with all applicable laws, regulations, and industry standards, including but not limited to:

• Computer Fraud and Abuse Act (CFAA)
• Electronic Communications Privacy Act (ECPA)
• State computer crime laws
• GDPR and other data protection regulations
• Industry-specific regulations (HIPAA, PCI-DSS, FERPA, etc.)

4. Account Responsibilities

4.1 Account Creation

To use BriarWatch, you must create an account and provide accurate, complete, and current information. You agree to update your account information promptly if it changes.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Enabling and using two-factor authentication (strongly recommended)
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Organization Accounts

If you create an organization account, you are responsible for managing user access, permissions, and ensuring all users within your organization comply with these Terms.

5. Service Availability

5.1 Service Level

We strive to maintain high availability of BriarWatch but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Factors beyond our reasonable control

5.2 Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of material changes when practicable. Your continued use of the Service after changes constitutes acceptance of the modifications.

5.3 Scan Limitations

Certain features and scan frequencies may be limited based on your subscription tier. We may implement rate limiting or usage caps to ensure fair access for all users and maintain service stability.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all software, algorithms, user interfaces, content, trademarks, and documentation, is owned by BriarWatchIT and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

6.2 Your Data

You retain ownership of all data you upload to or generate through BriarWatch ("Your Data"). By using the Service, you grant us a limited license to use Your Data solely to provide and improve the Service, including:

• Processing and storing scan data
• Generating reports and analytics
• Providing AI-powered analysis
• Creating anonymized, aggregated statistics (which do not identify you)

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual license to use such feedback without compensation or attribution.

7. Fees and Payment

7.1 Subscription Fees

Certain features of BriarWatch require a paid subscription. Fees are described on our pricing page and in your subscription agreement. All fees are non-refundable except as expressly stated in these Terms.

7.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis. You authorize us to charge your designated payment method for all applicable fees. If payment fails, we may suspend your access to paid features until payment is received.

7.3 Price Changes

We may change subscription fees upon 30 days' notice. Price changes will take effect at the start of your next billing cycle.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We do not warrant that scan results will identify all vulnerabilities or security issues in your systems. The Service is a tool to assist with security assessment, not a guarantee of security.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OCULUSIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from any third-party conduct on the Service
• Any matter beyond our reasonable control

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8.3 Your Responsibility

You acknowledge that security scanning may have unintended effects on target systems. You accept all responsibility for:

• Any damage to systems resulting from scans you initiate
• Any legal consequences of unauthorized scanning
• Validating that you have proper authorization before scanning

9. Indemnification

You agree to indemnify, defend, and hold harmless BriarWatchIT and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Unauthorized scanning activities conducted through your account
• Any content or data you provide through the Service

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Upon termination, your right to use the Service will cease immediately.

10.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including but not limited to:

• Violation of these Terms or Acceptable Use Policy
• Suspected unauthorized or illegal activity
• Non-payment of fees
• Request by law enforcement or government agency
• Unexpected technical or security issues

10.3 Effect of Termination

Upon termination:

• Your license to use the Service terminates immediately
• You may request export of your data within 30 days
• We may delete your data after the 30-day period
• Provisions that by their nature should survive (such as limitation of liability, indemnification, and governing law) will remain in effect

11. Governing Law and Disputes

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any subscription agreements, constitute the entire agreement between you and BriarWatchIT regarding the Service.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.3 Waiver

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

12.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

12.5 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page, updating the "Last updated" date, and/or sending an email notification. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

13. Contact Us

If you have questions about these Terms of Service, please contact us: