Contrast Security Self Service Terms of Service

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT (BY CLICKING ON THE “AGREE” (OR SIMILAR BUTTON OR CHECKBOX) OR ACCESSING OR USING THE CONTRAST SECURITY CVE SHIELD OFFERING, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE CONTRAST SECURITY CVE SHIELD OFFERING. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU.

IF YOU ARE USING THE CONTRAST SECURITY CVE SHIELD OFFERING, AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND SUCH ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO DO SO. THE RIGHTS GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.

BY ACCESSING OR USING THE CONTRAST SECURITY CVE SHIELD OFFERING, YOU ALSO CONFIRM THAT YOU HAVE READ AND UNDERSTAND OUR Privacy Policy. 

THE SERVICE IS PROVIDED WITHOUT CHARGE. CUSTOMER AGREES THAT CONTRAST, IN ITS SOLE DISCRETION AND FOR ANY OR NO REASON, MAY TERMINATE CUSTOMER’S ACCESS TO THE SERVICE OR ANY PART THEREOF. CUSTOMER AGREES THAT ANY TERMINATION OF CUSTOMER’S ACCESS TO THE SERVICE MAY BE WITHOUT PRIOR NOTICE, AND CUSTOMER AGREES THAT CONTRAST WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SUCH TERMINATION.

AGREEMENT

These Contrast Security Self-Service Terms of Service (“Agreement”) are entered into by and between Contrast Security, Inc. (“Contrast” or “we” or “our”) and the entity or person placing an order for, or accessing, the Contrast Security CVE SHIELD offering (“Customer” or “you” or “your”). This Agreement consists of the terms and conditions set forth below and any ancillary documents (e.g., attachments, addenda, exhibits) expressly referenced as part of this Agreement, and any Online Orders that reference this Agreement.

The “Effective Date” of this Agreement is the date of Customer’s initial access to the Contrast Security CVE SHIELD offering (the “Service”) through any online provisioning, registration or order process.

We may revise this Agreement from time to time by posting a modified version on our website. If the modifications to this Agreement are material, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by alerting you through the Service and/or website. If you do not agree to or cannot comply with the modified Agreement, you must stop using the Service. Unless otherwise stated elsewhere in this Agreement or in our notice, the updated Agreement will take effect upon its posting and will apply on a going-forward basis. Your continued use of the Service after any update to this Agreement constitutes your acceptance of such changes.

 

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1. Eligibility

1.1. To use the Service, you must be, and you represent and warrant that you are, at least 18 years of age and competent to agree to this Agreement. If the law where you reside requires that you must be older in order for Contrast to lawfully provide the Service to you, then you must be that older age. One person or legal entity may maintain no more than one account.

1.2. If the representations in the preceding sentence are not true, or if Contrast has previously prohibited you from accessing or using the Service, you may not access or use the Service.

1.3. You represent and warrant that: (i) you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties; (ii) you will not access the Service from any, jurisdiction to which export, re-export, or release is prohibited or restricted by applicable laws and regulations; and (iii) your access and use of the Service will be in compliance with applicable laws and regulations.

2. Account Registration and Use

To access the Service, you must register for a Contrast account (“Account”). You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your Account access credentials remain confidential and secure, and you agree that you will not allow others to access the Service using your Account. By registering, you agree that you are fully responsible for all activities that occur in your Account. We may assume that any communications we receive under your Account have been made by you. If you have the authority to make decisions on behalf of an organization, you represent and warrant that you are authorized to do so and agree that Contrast is entitled to rely on your instructions.

3. License

3.1. Subject to your compliance with this Agreement, we grant you, during the Term, a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Service only for your own internal use (or for internal use by the entity that you represent), and only in a manner that complies with this Agreement and all legal requirements that apply to you or your use of the Service. Contrast may revoke this license at any time, in its sole discretion.

3.2. To the extent Customer installs “Internal Software” in connection with its use of the Service, Contrast grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive license during the Term to use the object code form of the Internal Software internally in connection with Customer’s use of the Service, subject to the terms and conditions of this Agreement. For the purpose of this Agreement, “Internal Software” is any software that is made available to Customer by Contrast for installation on Customer’s computer(s) to be used in connection with the Service. For the avoidance of doubt, the Internal Software is part of the Service.

4. Restrictions 

4.1. You may not (and will not permit any third party to):

4.1.1. probe, scan, or test the vulnerability of any system or network or circumvent any security measure, perform any benchmarking or performance testing of the Service, or disclose, publish, or disseminate to any third party the results of any such testing or evaluation;

4.1.2. interfere with or disrupt, or attempt to interfere with or disrupt, our infrastructure;

4.1.3. prompt or otherwise attempt to use artificial intelligence (AI) models to act in a manner that violates this Agreement or intentionally circumvents safety filters and functionality of the Service.

4.1.4. sell, rent, lease, license, distribute, provide access to, sublicense, or otherwise make available the Service to a third party or in a service bureau or outsourcing offering;

4.1.5. use the Service to carry out, promote or support the development of services that compete with the Service or Contrast’s other offerings;

4.1.6. modify or create derivative works of the Service;

4.1.7. use the Service to provide, or incorporate the Service into a service for the benefit of a third party; or

4.1.8. reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service, except to the extent expressly permitted by applicable law (and then only upon advance written notice to Contrast).

4.2. Artificial Intelligence. If you use any AI or machine learning features and functionality (including third-party models) provided by Contrast (collectively, “AI Tools”), you agree to:

4.2.1. implement appropriate human oversight and safeguards to mitigate potential risks associated with your use of AI Tools;

4.2.2. remain responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of the AI Tools; and

4.2.3. evaluate AI Tools’ outputs for accuracy and appropriateness in light of the probabilistic nature of AI and potential for producing inaccurate content.

4.3. Violations. If we reasonably believe a violation of this Agreement has occurred or may occur in the near future in a manner that may disrupt the Service, we may suspend or terminate your access to the Service, without any liability to us and in addition to any other remedies that may be available to us.

5. Term

5.1. Term of Agreement. This Agreement commences on the date Customer first accepts it and continues until it has been terminated (“Term”).

5.2. Termination of Agreement.

5.2.1. You may close your Account at any time. We will retain your information as necessary to comply with our legal obligations, but barring legal requirements, we will delete your full profile and Customer Data within 90 days of cancellation or termination (though some information may remain in encrypted backups for a further 7 days). This information cannot be recovered once your Account is canceled or terminated.

5.2.2. If you do not access your account at any time during a 90-day period, we will delete your full profile and Customer Data at the end of that 90-day period (though some information may remain in encrypted backups for a further 7 days). This information cannot be recovered once your Account is canceled or terminated.

5.2.3. Without limiting Section 5.2.2 above, Contrast may suspend or terminate the Service and/or your Account at any time, with or without cause, with or without notice, effective immediately.

6. Fees

Fees, if any, for the Service, shall be as set out in Appendix A.

7. Intellectual Property

7.1. Contrast Intellectual Property. Customer agrees that Contrast or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service. Except for the express limited rights set forth in this Agreement, no right, title or interest in the Service is granted to Customer. Further, Customer acknowledges that the Service is offered as an online, hosted solution, and that Customer has no right to obtain a copy of the underlying computer code for the Service, except (if applicable) for the Internal Software in object code format. Contrast may freely use and incorporate any suggestions, comments or other feedback about the Service voluntarily provided by Customer into any Contrast offering.

8. Customer Data

8.1. Rights in Customer Data. As between the parties, Customer or its licensors retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data and any modifications made thereto in the course of Customer’s use of the Service. Subject to the terms of this Agreement, Customer hereby grants to Contrast a non-exclusive, worldwide, royalty-free right to process the Customer Data solely to the extent necessary to provide the Service to Customer or as may be required by law. For purposes of this Agreement, “Customer Data” shall mean any code (source, binary or object), data, information or material provided, uploaded, or submitted by Customer to the Service in the course of using the Service.

8.2. Use Obligations

8.2.1. Customer Data and Customer’s use of the Service will comply with applicable laws and regulations and third-party legal requirements (if any) applicable to Customer. Customer is responsible for the accuracy and legality of all Customer Data. Customer warrants that Customer has and will have sufficient rights in the Customer Data to grant the rights to Contrast under this Agreement and that the processing of Customer Data by Contrast in accordance with this Agreement will not violate any laws or the rights of any third party.

8.2.2. Customer will not transmit, upload or store Sensitive Information in or to any Contrast Service. For the purpose of this Agreement, “Sensitive Information” means: (a) the categories of data enumerated in Article 9(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, and any successor legislation, (b) protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented), (c) credit, debit or other payment card data, including bank account numbers, (d) social security, driver’s license or other government identification numbers or cards, or (e) other information subject to the Children’s Online Privacy Protection Act or Gramm-Leach-Blilely Act, as may be amended or supplemented. Contrast shall not be responsible for Sensitive Information.

8.2.3. Notwithstanding anything to the contrary in this Agreement, Contrast may collect and use Customer Data to develop, improve, support, and operate the Service. Contrast may not share any Customer Data that includes Customer’s Confidential Information with a third party except (a) in accordance with Section 12 (Confidentiality) of this Agreement, or (b) to the extent the Customer Data is aggregated and anonymized such that Customer cannot be identified.

9. Data Privacy

9.1. Contrast may collect certain information from Customer in connection with Customer’s use of the Service and otherwise in connection with this Agreement. Such information might be considered ‘personal information’ under applicable data protection laws. All such ‘personal information’ will be used by Contrast in accordance with Contrast’s then-current Privacy Policy, found at https://www.contrastsecurity.com/privacy-matters.

9.2. Customer Data is hosted on an AWS instance in the United States of America (regardless of user’s location). Contrast uses sub-processors which may be located in additional jurisdictions. A list of these sub-processors can be found here: https://www.contrastsecurity.com/privacy-sub-processors-listing. You can register at the link in the previous sentence to receive notifications of changes to the list of sub-processors. While Contrast remains fully liable and responsible for all Contrast obligations under this Agreement, the parties acknowledge that certain obligations under this Agreement may be fulfilled by sub-processors.

9.3. AI Offerings. The Service may include access to AI features. Information about these AI features can be found at How We Use AI.

9.4. The DPA applies to Customer’s use of the Service and forms part of this Agreement.

10. Security

10.1. Customer is responsible for managing access to Contrast’s hosted platform from Customer’s systems and networks. Customer will maintain the confidentiality of account credentials used to access the Service. Customer will promptly notify Contrast of any unauthorized access of the Service by or through Customer’s systems or networks. Customer will not and may not permit sharing of accounts and passwords.

10.2. Contrast has implemented and will maintain an information security program that uses physical, technical and organizational measures designed to protect Customer Data from unauthorized access, destruction, use, modification or disclosure. Contrast will also maintain a compliance program that includes independent third-party audits.

10.3. Additional details on Contrast’s security posture can be found in the Contrast Trust Center, as updated from time to time.

11. Support

Support for the Service, if any, shall be as set out in Appendix A.

12. Confidentiality

Each party (as “Receiving Party”) will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to: (a) not use any Confidential Information of the other party (the “Disclosing Party”) for any purpose outside the scope of this Agreement; and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those who need that access for purposes consistent with this Agreement and who are bound by obligations of confidentiality to the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. If Receiving Party is required by law, regulation or court order to disclose Confidential Information, then Receiving Party shall, to the extent legally permitted, provide Disclosing Party with advance written notice and cooperate in any effort to obtain confidential treatment of the Confidential Information including, without limitation, the opportunity to seek appropriate administrative or judicial relief. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party, the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.

13. Warranties

13.1. Mutual Warranty. Each party warrants that it has validly entered into this Agreement and has the legal power to do so.

13.2. Warranty Disclaimer. TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND CONTRAST MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CONTRAST DOES NOT WARRANT THAT THE USE OF THE SERVICE \ WILL BE UNINTERRUPTED OR ERROR-FREE. CONTRAST DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

14. Indemnification

14.1. Customer agrees to indemnify and hold Contrast harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of Customer’s breach of this Agreement, provided that Contrast (1) promptly gives Customer written notice of the claim, demand, suit or proceeding; (2) gives Customer sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that Customer may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Contrast of all liability); and at Customer’s request, provide Customer with reasonable assistance, at Customer’s expense.

15. Limitation of Liability

CONTRAST SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICE UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE CONTRAST’S LIABILITY WITH RESPECT TO THE SERVICE SHALL NOT EXCEED $100.00.

16. Governing Law

Except to the extent applicable law states otherwise, this Agreement is governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. Customer and Contrast agree to submit to the exclusive jurisdiction and venue of the courts located in Santa Clara, California. However, any claim for injunctive relief with respect to a violation of Section 12 may be brought in any jurisdiction.

17. Assignment

Customer may not assign or delegate this Agreement, or any rights or licenses granted under this Agreement. Any unauthorized assignment or delegation by Customer is void. Contrast may assign this Agreement without restriction. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

18. Interpretation, Waivers, Severability and Survivability

The section headings in this Agreement are for convenience only and have no legal or contractual effect. Any provision of this Agreement that by its nature is reasonably intended to survive beyond its termination or expiration shall survive. Waivers must be granted in writing and signed by the waiving party’s authorized representative. If any provision of this Agreement is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect.

19. Notice

Notices required or permitted under this Agreement will be in writing and shall be sent to:

19.1. Contrast at 6800 Koll Center Parkway, Suite 235, Pleasanton, CA 94566, USA as well as by email at: rfp@contrastsecurity.com. Notices to Contrast shall be deemed delivered as of the date that the notices sent to the physical address (a) has been received by Contrast upon personal delivery; or (b) the second business day after being mailed or couriered.

19.2. Notices to Customer shall be provided either (i) via the email address provided in the Account; and/or (ii) electronically via the Service.

Appendix A