1. Agreement to Terms
These Terms constitute a binding agreement between you and BreachFin LLC (“BreachFin,” “we,” “our,” or “us”). If you do not agree, do not use our website or services.
If you enter into a separate written agreement with BreachFin (such as an order form, master services agreement, or evaluation agreement), that agreement controls in the event of a conflict with these Terms for the covered services.
2. Services
BreachFin provides cybersecurity software and services focused on client-side security monitoring, payment page protection, and support for PCI DSS-related controls, including requirements 6.4.3 and 11.6.1. Specific features, scope, and service levels are defined in your applicable agreement with us.
3. Important PCI DSS and Compliance Disclaimers
BreachFin does not guarantee PCI DSS compliance, certification, or audit success. Our services are designed to assist organizations with monitoring, visibility, and evidence collection related to client-side security controls. You remain solely responsible for:
- Your overall PCI DSS compliance program and scope
- Implementation and maintenance of all applicable requirements
- Validation by a Qualified Security Assessor (QSA) or other approved method
- Accurate scoping, policy, and control ownership within your environment
Marketing materials, blog content, and product demonstrations are for informational purposes only and do not constitute legal, compliance, or audit advice. You should consult qualified professionals regarding your compliance obligations.
4. Eligibility
You must be at least 18 years old and have authority to bind yourself or the organization you represent. You agree to use the website and services only for lawful business purposes.
5. Acceptable Use
You agree not to:
- Access systems or data without authorization
- Interfere with the integrity, availability, or performance of our services
- Upload malware or attempt to bypass security controls
- Reverse engineer, decompile, or attempt to extract source code except where permitted by law
- Use our services to monitor websites or systems without proper authorization
- Misrepresent your identity or affiliation
- Use automated means to scrape, attack, or overload our website
We may suspend or terminate access for violations of these Terms or applicable law.
6. Demo Requests and Evaluations
Demo requests submitted through Calendly or other channels do not create a binding contract, service-level commitment, or guarantee of availability. Evaluation access, if provided, is offered “as is” and may be limited in scope, duration, or functionality.
7. Intellectual Property
All content, software, technology, trademarks, documentation, reports, dashboards, and materials provided by BreachFin are owned by BreachFin LLC or its licensors and are protected by intellectual property laws. Except as expressly permitted in a signed agreement, you may not copy, modify, distribute, sell, or create derivative works from our materials.
8. Customer Data and Confidentiality
Enterprise customers' handling of data processed through our platform is governed by the applicable agreement and Privacy Policy or data processing addendum. You are responsible for ensuring you have all necessary rights and consents to submit data to BreachFin and to authorize monitoring of websites and environments you configure in our platform.
9. Third-Party Services
Our website and services may integrate with or link to third-party services, including Calendly, Cloudflare, Google reCAPTCHA, and hosting providers. Those services are subject to their own terms and policies. BreachFin is not responsible for third-party services.
10. Website Content
Information on our website, including blog posts and educational content, is provided for general information only. It is not legal, financial, regulatory, or professional advice. You should not rely on website content as a substitute for professional guidance.
11. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BREACHFIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
We do not warrant that all security threats, vulnerabilities, unauthorized changes, or compliance gaps will be detected or prevented.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BREACHFIN LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, COMPLIANCE PENALTIES, OR SECURITY INCIDENTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, BREACHFIN'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO BREACHFIN FOR THE APPLICABLE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless BreachFin LLC and its officers, employees, contractors, and affiliates from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the website or services, your violation of these Terms, your violation of applicable law, or your infringement of third-party rights.
14. Export and Sanctions
You agree to comply with all applicable export control and sanctions laws. You may not use our services if you are located in, or acting on behalf of a party in, a country or region subject to comprehensive U.S. sanctions, or if you are on a restricted party list.
15. Suspension and Termination
We may suspend or terminate access to the website or services immediately if we reasonably believe you have violated these Terms, pose a security risk, or if required by law. Provisions that by their nature should survive termination will survive.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. Except where prohibited by applicable law, you agree to the exclusive jurisdiction of the state and federal courts located in New Jersey.
17. Changes
We may modify these Terms from time to time. Updated Terms will be posted on this page with a revised Effective Date. Continued use of the website after changes become effective constitutes acceptance of the updated Terms.
18. Contact
BreachFin LLC
971 US Highway 202 N, Site N, Branchburg, NJ 08876, United States
Email: [email protected]