Terms of Use

Updated: September 4th 2024 

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions between RevealSecurity Ltd. (“RevealSecurity”, “we”, “our,” and “us”) and the customer (“Customer“, “you” and “your“) identified in a separate service order form referencing these Terms (the “SOF“) that governs Customer’s access to and use of  the TrackerIQ software-as-a-service platform, documentation, features, and services, as well as any fixes,  updates or upgrades thereto (collectively, the “Service”), provided that if Customer purchases the Service  through a RevealSecurity authorized partner (“Reseller”), the SOF may be entered into between RevealSecurity and the Reseller for Customer’s use.  

These Terms form an integral part of the SOF. Please read these Terms carefully since they set out the legal rights  and obligations between Customer and RevealSecurity. All capitalized terms used but not defined herein shall have the meaning ascribed to such term in the SOF.  

By accessing or using any part of the Service, you acknowledges that you have reviewed, and agree to be bound by,  these Terms. If you are acting on behalf of a legal entity, by accessing or using any part of the Services you represent  that you are authorized to act on behalf of, and bind the Customer to these Terms.  

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, IF YOU DO NOT AGREE TO COMPLY WITH AND BE BOUND BY  THESE TERMS, OR IF YOU DO NOT HAVE AUTHORITY TO BIND THE CUSTOMER ON BEHALF OF WHICH YOU ARE USING  THE SERVICE, YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.  

BY ACCESSING OR USING THE SERVICE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY LAW  APPLICABLE TO YOU REQUIRING THAT THESE TERMS BE LOCALIZED TO MEET YOUR LANGUAGE OR REQUIRING AN  ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.  

We reserve the right to update these Terms and such update shall come into effect 30 days from the date such  notice is delivered. 

1. The Service 

In accordance with each SOF, Customer purchases a subscription to access and use the Service (a “Subscription“)  and RevealSecurity shall, upon the terms and subject to the conditions of the SOF and these Terms, activate the Service and make the Service available to Customer.  

The Service shall be made available to Customer via (i) a VPN client that will be established by RevealSecurity as part of the Service, and (ii) Customer’s Account (as defined below).  

The Service processes aggregated data of metrics provided by the Customer or accessible through Applications  (the “Data”), detects anomalies in the Data and groups related anomalies into one incident and/or provides forecasts  on the basis of such Data (the “Output“). As used herein, “Applications” means those SaaS-based third-party web  applications and online services used by the Customer, which the Customer has configured to interconnect with the  Service through applicable APIs.  

Customer’s rights to use the Service is limited to the number of monthly logs designated in the SOF and to the  Applications designated in the SOF. From time to time, RevealSecurity may notify the Client of the number of monthly logs and the Applications in respect of which the Service is used. If the number of monthly logs  or Applications exceed those designated in the SOF, RevealSecurity may suspend or limit the Customer’s access or 

use of the Service until and unless the actual number of monthly logs or Applications is regulated by a new SOF or  an amendment to any existing SOF. 

2. Customer Account; Data Rights 

2.1. Customer Account. In order to access and use the Service, Customer is required to have an account  with RevealSecurity (the “Account”). Customer agrees to provide accurate, current and complete  information during the registration process of the Account, and to update such information to maintain  its accuracy. RevealSecurity reserves the right to suspend or terminate the Account at any time, if  any information provided by Customer proves to be inaccurate, not current or incomplete. Customer is  solely responsible for safeguarding the Account’s login details, which include a dedicated username  and password (the “Login Details“). Any Customer employee who receives access to the Service and  has Login Details is considered a “User”. Customer shall ensure that the Login Details for each User  may only be used by that User. Customer shall not allow anyone other than its Users to access and use  the Account, and is responsible for ensuring that any third party using the Account (whether or not a  User) has consented to, and abides by, these Terms.  

Customer shall procure that its Users shall comply with these Terms, and assumes full responsibility for  any act or omission carried out by any of its Users while accessing the Account and using the  Service. Customer agrees: (i) to keep, and ascertain that its Users keep, all Login Details secure at all  times; and (ii) to promptly notify RevealSecurity in writing if Customer becomes aware of a  security breach or any unauthorized access or use of the Account or the Service.  

2.2. Data Rights.  

2.2.1. RevealSecurity owns and shall retain any and all right, title and interest in and to the  Service including any intellectual property of any kind, whether registered or not including any technical  information, content, techniques, ideas, methods, processes, software, interfaces, utilities, data,  documents, designs, user interfaces, know-how, patents, copyrights, trade secrets, trademarks,  moral rights. Nothing in these Terms shall be construed to grant Customer any rights beyond those  expressly provided for herein. 

2.2.2. Customer owns all right, title and interest in all Data, excluding Non-Identifiable Aggregated Data  (as defined below). Nothing in this Agreement shall be construed to grant RevealSecurity any  rights in Data beyond those expressly provided herein. As between RevealSecurity and  Customer, Customer shall retain ownership of the Data at all times. Notwithstanding any other  restrictions on use of data in these Terms or any other agreement (i) Customer grants  RevealSecurity a limited, non-exclusive right to perform an automated content scan of any  Data accessible through the Service, solely for the purpose of providing the Service to  Customer, (ii) Customer grants RevealSecurity a limited, non-exclusive right to view, modify,  collect and use the Data to create metadata derived from Data (which may include, by  way of example, file encryption, file modification dates, audit trails, and the number of  times a file has been accessed) (“Customer Metadata”), solely for the purpose of providing  the Service to Customer, (iii) Customer grants RevealSecurity the right to collect and use  anonymized generic statistical information derived from such Customer Metadata (but not  derived from the Data directly) and aggregate it with statistical information from other customers  (“Non-Identifiable Aggregated Data”) solely for providing and improving its services, and (iv)  Customer agrees that RevealSecurity shall own all right, title and interest in any such Non Identifiable Aggregated Data.  

As between RevealSecurity and Customer, Customer is solely responsible for the content, quality  and accuracy of any Data, for securing any necessary approvals for TrackerDetect’s use of the  Data as provided for herein, and for ensuring that the Data as made available by Customer  complies with applicable laws and regulations. RevealSecurity is not responsible for any Data once  it leaves 

the Service, including by way of example, if Customer downloads a report from the Service to a  Customer personal computer. 

2.2.3. Data Protection. If any Data to be processed by RevealSecurity aspart of the Service is bound by the  EU General Data Protection Regulation 2016/679 (“GDPR“) then, unless expressly agreed otherwise,  in writing, between RevealSecurity and Customer, Customer shall be bound by the Data Protection  Agreement at: www.RevealSecurity.com/dpa, which constitutes an integral part of these Terms.  

3. Access to and Use of the Service 

Subject to Customer’s and its Users’ compliance with these Terms, following activation of the Service by  RevealSecurity grants Customer a limited, non-exclusive, non-transferable, non-sub-licensable, revocable right  for Users authorized by Customer, to access to use the Service during the Term, solely for internal purposes via the  Account, pursuant to the usage parameters, limits and metrics specified in the SOF.  

Customer hereby grants RevealSecurity, during the Term, a non-exclusive, royalty-free, worldwide license to  use, reproduce, and prepare derivative works of all Data, solely to permit RevealSecurity to perform the  Service as contemplated hereunder.  

4. Use of Service 

4.1.  Use Restrictions. Customer and its Users shall not and shall not attempt to: (i) sublicense, transfer and/or  assign the Service or any part thereof to any third party, or allow any third parties to use the Service; (ii)  remove, or in any manner alter, any product identification, proprietary, trademark, copyright or other  notices contained in the Service; (iii) work around any technical limitations of the Service or use any tool  to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the  Service; (iv) breach the security of the Service, identify, probe or scan any security vulnerabilities in the  Service; (v) use robots, crawlers and similar applications to scrape, harvest, collect or compile content  from or through the Service; (vi) enhance, supplement, modify, adapt, decompile, disseminate,  disassemble, recreate, generate, reverse assemble, reverse compile, reverse engineer, or otherwise  attempt to identify the underlying source code of the Service; (vii) copy any features, functions or  graphics of the Service, or distribute, broadcast, rent, lease, lend, use for timesharing or service-bureau  services, export, modify, adapt, translate, enhance, customize, or otherwise create or attempt to create  any derivative works of the Service or any part thereof, or use the Service in order to develop or create  (or permit others to develop or create) a product or service similar or competitive to the Service; (viii)  not represent that it possesses any proprietary interest in the Service or any part or derivative thereof;  (ix) not directly or indirectly, take any action to contest TrackerDetect’s intellectual property rights or infringe them in any way; or (x) except as specifically permitted in writing by RevealSecurity, not use the name, trademarks, trade-names, and logos of RevealSecurity, or take any action, directly or indirectly, to register TrackerDetect’s trademarks, copyrights or domain names (or any variation of the foregoing), in its own name, and shall provide commercially reasonable assistance to RevealSecurity to prevent the occurrence of such activity by any third parties. In addition, Customer undertakes that it and its Users shall use the Service and all related Documentation in compliance with all applicable laws and regulations, including but not limited to applicable data security and privacy laws. The restrictions set out in this Section 5.1 shall be referred to as the “Use Restrictions“. 

4.2. Suspension. If RevealSecurity believes that Customer is using the Service in a manner that deviates from the Use Restrictions, exceeds the limitations set forth in the SOF or may cause harm to RevealSecurity or any third party, then RevealSecurity may, without prejudice to TrackerDetect’s rights under these Terms or at law, suspend or limit the access to and use of the Service by Customer or any of its Users (“Suspension”) until such time as RevealSecurity believes the excess, deviation, threat or harm,  has passed. RevealSecurity will make commercially reasonable efforts to promptly notify  Customer in advance of any such Suspension.  

4.3. Data. Customer hereby grants RevealSecurity a royalty-free, non-exclusive license to use,  process, display, copy and store the Data in order to: (i) provide the Service to Customer; and (ii)  administer and make improvements to the Service.  

4.4. Availability of Data. Customer is solely responsible for the backup of its Data. Customer agrees that  RevealSecurity has no responsibility or liability for the deletion of or failure to store any Data, Output  or other content maintained or transmitted by or through the Service. Any Output reports prepared  by RevealSecurity shall be deleted three (3) months after their preparation.  

5. Hosting and Availability / Service Level Agreement 

RevealSecurity will use commercially reasonable efforts to ensure that the Service is available (as defined below)  for access and use at an annual uptime percentage of at least 99%, as measured over any calendar year. The  Service will be deemed “available” if Users are able to login to the Service, interface and access monitoring data.  RevealSecurity shall not be deemed in default if the Service is inoperable or inaccessible due to: (i) reasonable  scheduled downtime (such as downtime of which Customer is notified at least 3 days in advance, or during a  standard maintenance window); (ii) reasonable backups of the Service; (iii) Service unavailability that is  attributable to: (a) causes beyond TrackerDetect’s reasonable control, such as a force majeure event, or the  performance of any third party hosting provider or communications or internet service provider; (b) Customer’s  failure to comply with these Terms; (c) any actions or omissions by Customer or any third party acting on  Customer’s behalf; and/or (d) Customer’s or any third party’s equipment or software; (iv) Service unavailability  caused by the Suspension and/or termination of Customer’s right to use the Service in accordance with the  Agreement; and (v) separate instances of Service unavailability of less than 5 minutes duration each (each of (i)  through (v) above, an “ SLA Exclusion”). In the event Service availability drops below 99% for 2 consecutive  months (except if due to an SLA Exclusion), Customer may terminate the Subscription to the Service in the  calendar month following such 2-month period upon written notice to RevealSecurity. This paragraph  sets out Customer’s sole recourse for any failure to meet the availability requirements.  

6. Fees 

6.1. Payment. In consideration for the Service, Customer shall pay RevealSecurity the fees set forth in the  SOF (the “Subscription Fee”). Unless otherwise specified in the SOF, all RevealSecurity invoices are  payable within thirty (30) days of the date of invoice. Any amount not paid when required to be paid  hereunder shall accrue interest on a daily basis until paid in full at the lesser of: (i) the rate of one and a  half percent (1.5%) per month; or (ii) the highest amount permitted by applicable law. Payments  shall be made without any right of set-off or deduction and are irrevocable and nonrefundable. 

6.2.  Taxes. Subscription Fees and applicable taxes, if any, are payable in United States dollars, unless a  different currency is specified in the SOF. All fees are exclusive of all taxes, levies, or duties imposed by  taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties. In  the event that Customer is required by applicable law to withhold taxes imposed upon Customer for any  payment hereunder, then the amounts due to RevealSecurity shall be increased by the amount  necessary so that RevealSecurity receives an amount equal to the sum it would have received had  Customer not made any withholding. 

7. Intellectual Property 

7.1.  All Rights Reserved. The Service and any part thereof, including any and all derivatives, changes and  improvements thereof, are a proprietary offering of RevealSecurity, protected under copyright laws  and international copyright treaties, patent law, trade secret law and other laws pertaining to the  protection of intellectual property rights of general applicability. The Service is offered to Customer  for use and access only in accordance with these Terms and is not sold in any other way. All rights  not expressly granted under these Terms are expressly reserved by RevealSecurity. The rights granted by  RevealSecurity under these Terms shall terminate immediately at the end of the Term.  

7.2. Intellectual Property Rights. All right, title and interest in and to the Service (including for the avoidance  of doubt any and all intellectual property rights therein, and any related content provided or made  available by RevealSecurity under these Terms, including all modifications, upgrades, customizations  and derivative works), are and shall remain at all times the sole and exclusive property of  RevealSecurity, and neither Customer nor any of its Users shall acquire or have any right, title or  interest therein.

7.3. Feedback. To the extent Customer or any of its Users provide RevealSecurity suggestions, comments or feedback (whether orally or in writing) with respect to the Service,  including information pertaining to bugs, errors and malfunctions of the Service, performance of the  Service, the Service’s compatibility and interoperability, and information or content concerning  enhancements, changes or additions to the Service that Customer requests, desires or suggests  (collectively, “Feedback”), Customer hereby assigns all right, title and interest in and to the  Feedback to RevealSecurity, including the right to make commercial use thereof, for any purpose  RevealSecurity deems appropriate.  

7.4. Data. The intellectual property and all other rights, title and interest of any nature in and to the Data are  and shall remain the exclusive property of Customer or its licensors.  

8. Confidentiality 

Each party may have access to certain non-public and/or proprietary information of the other party and its affiliates  and subsidiaries, in any form or media, including trade secrets and other information related to the products,  software, technology, data, know-how, or business of the other party, whether written or oral, and any such other  information that, regardless of the manner in which it is furnished and given the circumstances, a reasonable person  should have reason to believe is proprietary, confidential, or competitively sensitive (“Confidential Information”).  Each party shall take measures, at least as protective as those taken to protect its own confidential information, but  in no event less than reasonable care, to protect the other party’s Confidential Information from disclosure to a third  party. Neither party shall use or disclose the Confidential Information of the other party except as expressly  permitted under these Terms or by applicable law. All right, title and interest in and to Confidential Information are  the sole and exclusive property of the disclosing party. Upon termination or expiration of these Terms or upon the  written request of the disclosing party, the receiving party shall promptly: (i) return to the disclosing party all  Confidential Information furnished to it by the disclosing party, without retaining any copies thereof, or (ii) destroy  all Confidential Information furnished to the receiving party by the disclosing party, including soft copies and any  writings or recordings whatsoever prepared by the receiving party, except to the extent a party is advised by counsel  that such destruction is prohibited by law. 

9. Term and Termination 

9.1. Term. These Terms shall remain in full force and effect for the duration of the Subscription period as set  forth in the SOF (the “Term“), unless earlier terminated in accordance with these Terms. At the end of  the Term, the Subscription shall automatically renew at the then-applicable Subscription Fees (unless  increased by RevealSecurity by at least 60 days’ notice to Customer) for successive one (1) year terms unless: (i) RevealSecurity or Customer provides the other with 60 days written notice prior to the end  of any term of its intent not to renew, or (ii) the right to use and access the Service is terminated  in accordance with the terms herein.  

9.2. Termination. Each party may terminate the Subscription upon written notice to the other party: (a) if  the other Party commits a material breach under this Agreement and, if curable, fails to cure that breach  within thirty (30) days after receipt of written notice specifying the material breach; and/or (b) if the  other party is declared bankrupt by a judicial decision, or, in the event an involuntary bankruptcy action  is filed against such other party, it has not taken, within sixty (60) days from service of such action to  such Party, any possible action under applicable Law for such filed action to be dismissed.  

9.3. Effect of Termination. Upon expiration or the effective date of termination of this Agreement (as the  case may be): (a) Customer shall immediately discontinue all access and use of the applicable Service;  and (b) Customer will pay RevealSecurity all outstanding Subscription Fees.  

9.4. Access to Data. Upon termination of these Terms, Customer will lose all access to any Data that  RevealSecurity may be storing in order to make available the Service to Customer. It is  Customer’s responsibility to download its Data prior to termination of these Terms. Notwithstanding  the foregoing, for a period of 15 days from the effective date of termination of these Terms,  RevealSecurity will provide Customer, upon Customer’s written request, with a reasonable  opportunity to download the Data. RevealSecurity reserves the right to permanently delete any Data  that may be contained in Customer’s Account at any time following said 30 day period, and Customer  agrees to waive any legal or equitable rights or remedies it may have against RevealSecurity with  respect to Data deleted in connection thereto.

9.5.  Survival. Sections 7.3 (Feedback); 8 (Confidentiality), 10  (Limitations of Liability), and 13 (Miscellaneous) will survive the expiration or termination of these  Terms, as well as any provision that by its nature ought or is stated to survive.  

10. Limitation of Liability 

10.1. Customer assumes all responsibility for the selection of the Service to achieve Customer’s intended  results. Applicable law may not allow the exclusion of certain warranties, so to that extent such  exclusions may not apply. EXCEPT AS EXPRESSLY SET FORTH HEREIN: (I) THE SERVICE AND OUTPUT  (DEFINED BELOW), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (II) ALL WARRANTIES,  INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR  PURPOSE ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  REVEALSECURITY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES TO CUSTOMER  OR THIRD PARTIES THAT MAY RESULT FROM CUSTOMER’S HARDWARE OR SOFTWARE OR  CUSTOMER’S INTERNET OR ANY THIRD PARTY SERVICE PROVIDER. REVEALSECURITY MAKES NO  REPRESENTATION REGARDING CONTENT, FORECASTS, PREDICTIONS, REPORTS, INFORMATION,  CONCLUSIONS AND/OR RESULTS THAT CUSTOMER OBTAINS THROUGH USE OF THE SERVICE  (COLLECTIVELY, “OUTPUT”). THE OUTPUT DOES NOT CONSTITUTE BINDING PREDICTIONS AND  CUSTOMER MUST DETERMINE FOR ITSELF ANY NEED TO OBTAIN INDEPENDENT ADVICE REGARDING  THE SUBJECT MATTER OF ANY OUTPUT. CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS A  STATISTICAL TOOL AND THAT REVEALSECURITY THEREFORE CANNOT GUARANTEE OR COMMIT TO  ANY BINDING LEVEL OF ACCURACY OF THE OUTPUT. CUSTOMER’S USE OF AND RELIANCE UPON THE  SERVICE AND ANY OUTPUT, AND ANY DECISIONS WHICH CUSTOMER MAY MAKE AS A RESULT, ARE AT  CUSTOMER’S SOLE DISCRETION AND RISK, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN,  REVEALSECURITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO CUSTOMER IN CONNECTION  WITH THE FOREGOING. EXCEPT AS STATED HEREIN OR IN TRACKERDETECT’S PRIVACY  POLICY, REVEALSECURITY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION CUSTOMER MAY PROVIDE. 

10.2. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL EITHER PARTY AND/OR ITS  AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AND EMPLOYEES BE LIABLE TO THE OTHER PARTY AND/OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE AND/OR  CONSEQUENTIAL DAMAGES (HOWEVER ARISING) OR FOR LOSS OF PROFIT, LOSS OF USE, LOSS OF DATA,  LOSS OF REVENUES, LOSS OF SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF REPUTATION ARISING  FROM ANY CLAIM RELATED TO THIS AGREEMENT OR TO THE SUBJECT MATTER HEREOF, OR RELATED TO  CUSTOMER’S OR INABILITY TO USE THE SERVICE, WHETHER OR NOT SUCH PARTY HAS BEEN MADE  AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND REGARDLESS OF THE THEORY OF LIABILITY. 

10.3. THE MAXIMUM AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES, THEIR SHAREHOLDERS,  DIRECTORS, OFFICERS, AND EMPLOYEES FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM THESE  TERMS, OR FROM THE SUBJECT MATTER HEREOF, OR RELATED TO THE CUSTOMER’S USE OR INABILITY  TO USE THE SERVICE, WHETHER OR NOT SUCH PARTY HAS BEEN MADE AWARE OF THE POSSIBILITY OF  SUCH LOSS OR DAMAGE AND REGARDLESS OF THE THEORY OF LIABILITY, SHALL NOT EXCEED THE  SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER FOR THE SERVICES DURING THE TWELVE (12)  MONTHS PERIOD BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY IS  IN THE AGGREGATE AND NOT PER INCIDENT. 

10.4. The limitations of liability set forth in this Section 11 shall not apply to claims of: (1) personal injury or  death; (2) willful misconduct; (3) fraud; or (4) breach of confidentiality obligations.  

11. IP Infringement and Indemnification 

11.1. RevealSecurity shall, at its expense, defend and indemnify Customer for damages incurred by  Customer in any third party suit or claim in court brought against Customer alleging that the  Service (or part thereof) infringes any patent, copyright, trade secret or similar right; provided that  RevealSecurity is (i) promptly notified, (ii) rendered reasonable assistance by Customer as required  and at TrackerDetect’s expense, and (iii) permitted to direct and solely control the defense or  settlement negotiations, provided that RevealSecurity will make no admission or representations  on behalf of Customer without the Customer’s prior written consent. Customer may employ  counsel at its own expense to assist with respect to any claim provided, however, that if such  counsel is necessary because RevealSecurity does not assume control, RevealSecurity will bear the  expense of such counsel. This Section 12.1 sets out Customer’s sole remedy, and TrackerDetect’s  entire obligation and liability, for any infringement claim with respect to the Service (or part thereof). 

11.2. Licensee agrees and acknowledges that RevealSecurity is not responsible and shall have no liability  for any infringement, which arises from, or to the extent it is contributed to by any violation of the  Use Restrictions, (ii) the use of the Service after end of the Term; or (iii) any Data.  

11.3. If a claim of infringement is brought to TrackerDetect’s attention, or if any such claim is in  TrackerDetect’s opinion likely to be asserted, RevealSecurity may choose, at its sole discretion  and expense to do any of the following: (i) obtain a license so that the Service does not infringe; or (ii)  modify the Service (while substantially preserving its functionality) so it does not infringe; or (iii) if the  remedies in (i) and (ii) are not commercially reasonable in TrackerDetect’s opinion, terminate the  Service and refund to Customer any unused Subscription Fees which were paid by it in respect of the  Term for the period of time after the Service was terminated.  

12. US Government Restricted Rights; Export Restrictions. 

If Customer is an agency or contractor of the United States Government, Customer acknowledges and agrees that  (a) the Service (including any software forming a part thereof) were developed entirely at private expense, (b) the Service (including any software forming a part thereof) in all respects constitutes proprietary data belonging solely to RevealSecurity, (c) the Service (including any software forming a part thereof) is not in the public domain, and (d) the software forming part of the Services is a “Commercial Computer Software” as defined in sub-paragraph (a)(1)of DFAR Section 252.227-7014 or FAR Part 12.212. If an agency of the United States Government has a need for  rights not conveyed under these terms, it must negotiate with RevealSecurity to determine if there are acceptable  terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights  must be included in any applicable contract or agreement. Customer agrees not to store or process any data that is  subject to the International Traffic in Arms Regulations maintained by the United States Department of State. Each  party represents that it is not named on any U.S. government denied-party list. Customer shall not permit access to  or use of the Service in any U.S. embargoed country or in violation of any U.S. export laws or regulations.  

13. Miscellaneous 

13.1. Entire Agreement. These Terms, together with each SOF, represent the entire agreement between  RevealSecurity and Customer with respect to the subject matter hereof, and supersede and replace  all prior and contemporaneous oral or written understandings and statements by RevealSecurity and Customer with respect to such subject matter. Neither party is relying on any representation  not expressly specified in these Terms.  

13.2. Modification. RevealSecurity reserves the right, at its sole discretion, to modify these Terms at any  time. Unless expressly agreed otherwise between RevealSecurity and Customer, uch modification(s)  will be effective 30 days following notification to Customer, and Customer’s use of any part of the  Service thereafter means that Customer accepts those modifications.  

13.3.  Publicity. Unless expressly instructed otherwise by Customer, RevealSecurity may use Customer’s  name and logo on its website and in TrackerDetect’s promotional materials to state that  Customer is a customer of RevealSecurity.  

13.4. Assignment. These Terms and any SOF (a) may not be assigned by Customer without the prior express written consent of RevealSecurity; and (b) may be assigned by RevealSecurity, without obligation  or restriction, to an affiliate of RevealSecurity, or in connection with the transfer or sale of all or  substantially all of its business, or in the event of its merger, consolidation, change in control or  similar transaction. Any prohibited assignment will be null and void. Subject to the provisions  of this sub-section (Assignment), these Terms will bind and benefit each party and its respective  successors and assigns. 

13.5. Governing Law; Jurisdiction. If you are residing within the United States, these  Terms shall be governed by the laws of the State of Delaware, without regard to any conflicts of laws  rules or principles, and any claim, dispute or controversy under, or otherwise in connection with,  these Terms shall be subject to the sole and exclusive jurisdiction of the competent courts located  in Delaware. If you are residing outside the United States, these Terms shall be governed by the  laws of England and Wales, without regard to any conflicts of laws rules or principles, and any  claim, dispute or controversy under, or otherwise in connection with, these Terms shall be subject to  the exclusive jurisdiction and venue of the courts located in London, England. The United Nations  Convention on Contracts for the International Sale of Goods shall not apply to these Terms and is  hereby disclaimed. Customer hereby waives any jurisdictional, improper venue, inconvenient forum,  or other objections to such jurisdiction and venue. Notwithstanding anything in this Agreement to the  contrary, RevealSecurity may seek injunctive relief, specific performance, or other equitable relief in  any court worldwide that has competent jurisdiction. 

13.6. Relationship. The parties are independent contractors. Nothing in this Agreement shall create a partnership, joint venture, agency, or  employment relationship between the Parties. Neither Party may make, or undertake, any  commitments or obligations on behalf of the other.  

13.7. Severability. If any provision in these Terms is deemed to be invalid or unenforceable, the remaining  provisions of this Agreement shall remain in full force and effect.  

13.8. Force Majeure. Neither party will be liable for failure or delay in performance of any of its obligations  under or in connection with this Agreement arising out of any event or circumstance beyond that party’s reasonable control, including without limitation an Act of God, fire, flood, lightning, war, revolution, act  of terrorism, riot, civil commotion, adverse weather condition, adverse traffic condition, strike, lock-out  or other industrial action, and failure of supply of power, fuel, transport, equipment, raw materials, or  other goods or services. 

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