Terms of Use
Last updated: July 17, 2024
Welcome to Probe, a product of SplxAI Inc. ("us", "we", or "our"). These Terms of Use are a legally binding contract between you and SplxAI Inc. By using Probe, you agree to the following terms and conditions. Please read them carefully before using our tool.
1. Acceptance of Terms
By accessing or using Probe, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you may not use Probe.
2. Eligibility
To access the Probe's services, you agree that you are at least 18 years old and can form legally-binding contracts. By using the service, you confirm that you meet the age requirement. You may be required to provide proof of age during the registration process.
3. Permissible Use
Probe is intended solely for lawful purposes and specifically for authorized penetration testing and security assessment of software that you own or have explicit permission to test. "Explicit permission" means documented consent from the owner of the software or system. You agree to use Probe only in compliance with all applicable local, state, national, and international laws and regulations.
4. Unauthorized Use
You agree not to use Probe:
To conduct unauthorized penetration testing or security assessment on software or systems that you do not own or have explicit permission to test.
To conduct social engineering attacks.
To exploit discovered vulnerabilities for personal gain.
To engage in any activities that disrupt or interfere with the services or networks of third parties.
To violate any applicable law, regulation, or third-party rights.
To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of Probe.
To use Probe to develop a competing product or service, or to otherwise commercially exploit Probe without explicit written permission from SplxAI Inc.
5. User Responsibility
You are solely responsible for:
Ensuring that you have proper authorization to conduct penetration testing or security assessments on the software or systems you test with Probe, including obtaining all necessary consents from any third parties.
Any legal consequences that may arise from your use of Probe.
Any damage or loss that may result from unauthorized use of Probe.
Maintaining the confidentiality and security of any accounts, usernames, or passwords associated with your use of Probe.
6. Disclaimer of Warranties
Probe is provided "as is" without any warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SplxAI Inc. does not warrant that Probe will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from the use of Probe. You acknowledge that the effectiveness of Probe may depend on various factors, including the specific configurations of the systems being tested and the nature of the vulnerabilities present. SplxAI Inc. does not guarantee that the use of Probe will be successful in identifying all security vulnerabilities.
7. Limitation of Liability
In no event shall SplxAI Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
Your use or inability to use Probe.
Any interruption or cessation of transmission to or from our services.
Any issues related to the use of generative AI in conducting penetration tests, including false positives or false negatives.
These limitations apply to the fullest extent permitted by applicable law.
8. Indemnification
You agree to indemnify, defend, and hold harmless SplxAI Inc. and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of Probe, including but not limited to your violation of these Terms of Use. You must notify SplxAI Inc. of any claims or actions arising from your use of Probe promptly.
9. Intellectual Property
All intellectual property rights in Probe and related documentation, including but not limited to software, trademarks, and logos, are owned by or licensed to SplxAI Inc. You agree not to use any intellectual property of SplxAI Inc. without prior written consent, and not to attempt to register any of SplxAI Inc.'s trademarks or logos in any jurisdiction.
10. Intellectual Property
By submitting feedback, suggestions, or ideas regarding Probe, you agree that such feedback is non-confidential and becomes the sole property of SplxAI Inc. We are entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any moral rights you may have in the feedback provided.
11. Beta Features and Software Modifications
By submitting feedback, suggestions, or ideas regarding Probe, you agree that such feedback is non-confidential and becomes the sole property of SplxAI Inc. We are entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any moral rights you may have in the feedback provided.
12. Privacy Policy
For information about how we collect, use, and share your data, please see our Privacy Policy.
13. Changes to Terms
SplxAI Inc. reserves the right to modify these Terms of Use at any time. We will provide notice of such changes by posting the revised terms on our website. Your continued use of Probe after such changes have been posted constitutes your acceptance of the new Terms of Use.
14. Termination
These User Terms remain effective until terminated by either you or us. You can terminate your use of Probe at any time. We may suspend or terminate your access to Probe at any time if you violate these Terms of Use or if we believe there is a credible risk of harm to us, the Services, other users, or any third parties. Upon termination, your rights to use Probe will cease immediately, and we may delete any data associated with your account. We will handle your data according to our Privacy Policy.
15. Governing Law
These Terms of Use and any disputes arising out of or related to these Terms of Use or Probe shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms of Use will be brought exclusively in the courts located in Delaware. You agree to waive any right to a jury trial or to participate in a class action.
16. Force Majeure
SplxAI Inc. will not be liable for any failure or delay in performance due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, labor disputes, natural disasters, and interruptions in telecommunications, internet, or network provider services. We will make reasonable efforts to mitigate the effects of force majeure events.
17. Severability
If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. The parties intend that the invalid or unenforceable provisions be replaced with valid and enforceable provisions that achieve the original intent.
18. Survival
Provisions that by their nature should survive termination of these Terms of Use will survive, including but not limited to Sections 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 9 (Intellectual Property), and 15 (Governing Law).
19. Contact Information
If you have any questions about these Terms of Use, please contact us at info@splx.ai.
By using Probe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
SplxAI Inc.