Community Edition Terms & Conditions of Service

These Terms apply to use of the Tracebit Platform Community Edition. By accessing or using the Platform, you (‘User’) accept these Terms.

1. Tracebit platform‍
   

1.1. Tracebit grants to the User a limited, revocable, non-sublicensable, non-exclusive, non-transferable, royalty-free right to access and use the Tracebit Platform Community Edition ("Tracebit Platform") for hobby or evaluation purposes, subject to these Terms (including in particular the Usage Limitations in clause 1.2 below). This right may be terminated by Tracebit at any time. The User is responsible for all activities conducted under the User's account. User represents that it is not subject to UK sanctions and is not located in an embargoed territory.

1.2 Usage Limitations may be imposed, modified or removed by Tracebit at any time and may include restrictions on numbers of users, data volume, API calls, features, geographic restrictions or concurrent connections. Exceeding Usage Limitations may result in immediate suspension or termination of the relevant User account(s) and/or this agreement. Current Usage Limitations are described at URL and may be imposed, removed or varied at any time in accordance with clause 9.1.

1.3 The rights granted herein are subject to the following restrictions. User will not directly or indirectly: (a) breach the security of the Tracebit Platform or render it unusable (temporarily or otherwise) for any user; (b) use the Tracebit Platform to develop a product or service that competes with Tracebit's; (c) transfer, resell, license, or assign the Tracebit Platform; (d) use the Tracebit Platform to provide a product or service of any kind to any third party; (e) use the Tracebit Platform in nuclear, aviation, medical, critical infrastructure or other high-risk environments; or (f) use the Tracebit Platform in violation of applicable law, to infringe third party rights or outside the scope permitted hereunder.

1.4 User: (a) will comply with applicable laws (including without limitation export control and sanctions laws); (b) is responsible for all use of the Tracebit Platform under its account; (c) will use reasonable endeavours to prevent unauthorised access to the Tracebit Platform and notify Tracebit promptly of any unauthorised access; and (d) is solely responsible for obtaining and maintaining any equipment, software and ancillary services needed to use the Tracebit Platform. 

2. Updates and Support

2.1 Updates for the Tracebit Platform may be provided from time to time by Tracebit at Tracebit's sole discretion. Updates may add, modify or remove features and may be applied automatically without notice. Tracebit has no obligation to maintain feature parity with other versions of the Tracebit Platform or to maintain any specific features.

2.2 Tracebit provides no technical support, customer service or service level agreements for the Community Edition. Tracebit may at its sole discretion suspend, withdraw or restrict access to the Community Edition, to any User or to all users, without notice or explanation.

3. Fees

3.1 The Community Edition is provided free of charge. Tracebit reserves the right to withdraw, restrict or limit free usage at any time, in relation to any or all Users, without prior notice.

4. Data Collection and Use

4.1 Definitions.

(a) “Customer Data” means data the User submits to the Platform for the User’s own purposes (for example account information), excluding Platform Data and Derived Data.

(b) “Platform Data” means technical data, telemetry and threat indicators observed, generated or collected through use of the Platform, including IP addresses, network identifiers, domain names, DNS queries, security event logs, attack patterns, behavioural signals, system configuration information, performance metrics and usage data.

(c) “Derived Data” means any data, analytics, intelligence, reports, signatures, models, lists or other information derived from Platform Data or from the operation of the Platform, including threat intelligence outputs. Derived Data may include network identifiers and behavioural indicators associated with malicious activity.

4.2 Ownership of Customer Data. As between the parties, the User owns Customer Data. Tracebit may use Customer Data solely to provide the Platform and as required by law.

4.3 Licence to Platform Data. As between the parties, the User owns Platform Data. The User grants Tracebit a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free licence to collect, host, copy, process, analyse, use, publish and distribute Platform Data for the purposes of:

(a) detecting, investigating and preventing cyber threats;

(b) operating, securing and improving the Platform; and

(c) creating, publishing (including in public or commercial threat intelligence products, reports or feeds) and commercialising Derived Data.

4.4 Ownership and Use of Derived Data. As between the parties, Tracebit owns all right, title and interest in and to Derived Data. Tracebit may use, publish, commercialise, sell, license, distribute and otherwise exploit Derived Data for any purpose without restriction.

4.5 Retention. Tracebit may retain Platform Data and Derived Data for any period reasonably necessary to operate the Platform, enforce these Terms or pursue its legitimate interests in cyber threat detection and research.

4.6 No obligations. Tracebit has no obligation to provide the User with access to Derived Data or to delete Derived Data following termination of these Terms.

5. Proprietary Rights and Confidentiality

5.1 As between the parties, Tracebit owns the Tracebit Platform, Platform Data, Derived Data and Tracebit's intellectual property, and User owns Customer Data.

5.2 User may provide Tracebit with suggestions for new or enhanced features. Tracebit has the full, unencumbered right to exploit such suggestions without any obligation to compensate User.

5.3 The Tracebit Platform may integrate with certain third party content and/or technology. Tracebit does not endorse or approve any third party content or technology, and makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to such content and technology or its integration with the Tracebit Platform.

5.4 Subject to clause 4, each party will use any information disclosed (whether before or after the Effective Date of this Agreement) directly or indirectly by the other that should reasonably be understood to be confidential (“Confidential Information”) solely in accordance with this Agreement and, except as permitted hereunder, not disclose the same to any third party without the other’s prior written consent, provided that information which: (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosing party’s disclosure; (c) was properly disclosed to receiving party, without restriction, by another person with authority to do so; or (d) is independently developed by receiving party without use of or reference to disclosing party’s Confidential Information is not Confidential Information. Furthermore, either party may disclose Confidential Information: (a) to its personnel and representatives who need to know it and are legally bound to keep it confidential by obligations consistent with those herein; and (b) as required by law (in which case the receiving party will provide the disclosing party with prior written notification and the opportunity to contest disclosure, and use its reasonable endeavours to minimise disclosure to the extent permitted by applicable law). Neither party will disclose the terms of this Agreement to any third party, except that it may confidentially disclose them to actual or potential lenders, investors or acquirers and Tracebit may refer to Customer’s name and trademarks in its marketing materials and website. Each party agrees to exercise due care in protecting Confidential Information from unauthorised use and disclosure. In the event of a breach of this Section or the Licence Restrictions, the non-breaching party will, notwithstanding anything herein, be entitled to seek injunctive and other equitable relief in any jurisdiction. Each party will promptly notify the other in writing if it becomes aware of any violations of this Section.

6. Warranties and Disclaimers

6.1 To the maximum extent permitted by law, the Tracebit Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, title, accuracy, timeliness, reliability, availability, that the Tracebit Platform will be uninterrupted, secure or error-free, that defects will be corrected, or that the Tracebit Platform is free from viruses or harmful components. Tracebit may include or interoperate with third-party or open-source components subject to their own terms; Tracebit is not responsible for those components. Nothing in these Terms affects statutory rights under the Consumer Rights Act 2015 where applicable. 

6.2 User warrants that it has authority to accept these Terms, its use complies with applicable laws and it has rights necessary to any information it provides hereunder. 

7. Limitation of Liability

7.1 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited under applicable law.

7.2 Subject to clause 7.1, Tracebit shall have no liability for any: (a) indirect, special, incidental or consequential loss or damage; (b) loss of profits, revenue, business, data, goodwill or anticipated savings; (c) business interruption, work stoppage or computer failure; or (d) any loss arising from interruption, suspension or termination of the Tracebit Platform, errors, bugs or defects in the Tracebit Platform, unauthorised access to or use of data, failure to backup data, third party actions or content, misuse of the Tracebit Platform, or use or sale of Platform Data or Derived Data. The User is responsible for reviewing and verifying any alerts, threat intelligence or indicators provided by the Platform before relying on them, and remains responsible for its own cybersecurity measures and outcomes.

7.3 Subject to clauses 7.1 and 7.2, the total aggregate liability of Tracebit for all claims arising from or related to this Agreement shall not exceed £100.

7.4 User acknowledges that the Tracebit Platform is provided free of charge, that its use is at the User’s own risk and that User should not rely on it for critical business functions.

8. Term and Termination

8.1 This Agreement begins when User first accesses the Tracebit Platform and continues until terminated.

8.2 Either party may terminate this Agreement immediately at any time for any reason or no reason, without notice. User may terminate by ceasing to use the Tracebit Platform, deleting the User's account or emailing community-notices@tracebit.com. Tracebit may terminate by disabling the User's account or withdrawing access to the Tracebit Platform (to some or all users).

8.3 Upon termination: (a) the User's licence immediately ends; (b) User will cease all use of the Tracebit Platform and delete or uninstall any information or software belonging to Tracebit; (c) Tracebit may delete the User's account and data without notice or liability; (d) Tracebit retains all rights to Platform Data and Derived Data created, conferred or arising before termination; and (e) clauses 4, 5, 6, 7 and 9 survive termination. If User has paid any fees, no refunds will be provided upon termination unless required by law.

9. General

9.1 Tracebit may modify these Terms at any time by updating this page. Tracebit may modify Usage Limitations at any time by making changes to the Tracebit Platform and/or by updating the page(s) on which they are described. User's continued use of the Tracebit Platform after changes are published constitutes acceptance of the modified Terms and current Usage Restrictions. It is the User's responsibility to check these Terms regularly. If Tracebit makes material changes to how it processes personal data under clause 4, Tracebit will notify User by email or prominent notice in the Tracebit Platform and provide User the opportunity to withdraw consent by terminating the account. Continued use after such notice constitutes consent to the new terms. If User disagrees with any changes, User's sole remedy is to terminate the account and cease using the Tracebit Platform.

9.2 Neither party shall have liability to the extent caused by events beyond its reasonable control, including natural disaster, act of god, pandemic, cyber-attacks, failure of third party or customer software, hardware or network, or any change in law.

9.3 Tracebit may assign or transfer this Agreement to any party at any time without the User's consent. User may not assign these Terms without Tracebit's prior written consent. No amendment to this Agreement, nor waiver of any rights hereunder, is effective unless mutually agreed, except as set out in clause 9.1. Failure or delay by either party to enforce this Agreement will not be deemed a waiver of future enforcement. Nothing herein establishes any partnership, agency, employment or joint venture between the parties. Neither party has authority to bind the other, and nothing herein gives rise or is intended to give rise to any rights of any kind to any third parties (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise). If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, such provision will be enforced as nearly as possible in accordance with the intention of the parties, while the remainder of this Agreement remains in full force. This Agreement comprises the entire agreement between the parties with respect to its subject matter, supersedes all other proposals, statements, materials and agreements (oral and written) and all statements, representations and warranties on which each party relies are incorporated into this Agreement. Neither party has a remedy for any statement, representation (including misrepresentation) or warranty (whether negligent or innocent) of any person not expressly set out herein and each party waives all rights and remedies which, but for this clause, might otherwise be available to it in respect of any such statement, representation or warranty.

9.4 This Agreement, together with any dispute arising out of or in connection with it or its subject matter, is governed by the laws of England and Wales. Each party irrevocably agrees that the courts of London, England, have exclusive jurisdiction to settle any dispute under this Agreement.

9.5 Notices to User may be provided by email to the User's registered email address or by posting on the Tracebit Platform and are deemed received when sent. Notices to Tracebit should be sent to community-notices@tracebit.com.

‍