Terms and Conditions

Last updated: March 20, 2020

1. General

These Terms and Conditions ("Terms", "Terms and Conditions") govern your ("you", "customer") relationship with services provided at https://focsec.com (the "Service") operated by Nineties Engineering OÜ ("us", "we", "our") headquartered at Sepapaja 6, 15551 Tallinn, Estonia. Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service, unless explicitly stated otherwise.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

2. Service

2.1 The Service provides general information, threat intelligence and other data ("information", "data", "intelligence") associated with specific internet protocol addresses ("IP", "IP address"). Furthermore the service aims to identify if a given IP is associated with any anonymization services such as virtual private networks ("VPN"), proxy services, the TOR network or malicious activities such as malware, spamming or hacking.

2.2 Although we aim to provide high quality data which is accurate to the best of our knowledge, we cannot guarantee the correctness or accuracy of the information provided. You understand and agree that the information provided by the service may be inaccurate, incomplete or outdated. Furthermore you understand and agree that such inaccuracies may lead to false positives or false negatives. A false positive is an IP address being wrongly categorized as a threat, a false negative is an IP address not being identified as a threat. We are not responsible for any damages or loss of profits or revenue arising from such aforementioned inaccuracies.

2.3 This service includes GeoLite2 data created by MaxMind, available from https://www.maxmind.com. You understand and agree that geographic information provided for an IP address may be inaccurate, incomplete or not available.

3. Limited use

3.1 You may use information provided by our service solely for your internal business purposes such as collecting general IP address information, threat intelligence, fraud prevention, bot protection, spam protection, ad optimization and customization or similar purposes.

3.2 You may NOT share, sell, license, distribute, bundle or otherwise make available any information provided by our service to any third party under any circumstances unless you have explicit written permission by us.

3.3 You may NOT store information provided by our service in a way that is accessible or searchable by any third party unless you have explicit written permission by us.

3.4 You may NOT use any information provided by our service to offer services or products in the area of threat intelligence, IP address information, fraud detection, bot detection, IT security or similar services unless you have explicit written permission by us.

4. Account

4.1 When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our service.

4.2 You are responsible for safeguarding your login password and your API key. You agree not to disclose your password or API key to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. Service availability

5.1 We aim to ensure the best possible availability of the service. The customer acknowledges however, that for technical reasons as well as due to the dependence on external factors the uninterrupted availability of the service cannot be guaranteed. Such factors include but are not limited to hardware or software failures, electricity outages, unavailability of network infrastructure and cyberattacks. Therefore, any service disruptions of a temporary nature shall not constitute grounds for damage claims nor a right to extraordinary termination.

5.2 Within the sphere of our responsibility we aim to provide an availability of 95% within a given billing period (30 days). Planned maintenance, which can amount to up to 12 hours per billing period, is not included in the aforementioned availability. Maintenance timeframes are announced at least 10 days in advance at https://focsec.instatus.com/

5.3 If the service availability as defined in 5.2. is not met, the customer shall be entitled to a refund. Such refund is, in any case, limited to the amount of fees actually received by us from the customer in the affected billing period.

6. Limitation of liability

In no event shall we, nor our directors, employees, partners, agents or suppliers be liable under these terms for any consequential, tort, special, indirect or punitive damages or for any loss of profits or revenue (whether in contract, negligence or any other legal theory) resulting from your access to or use of or inability to access or use the Service, even if we had been informed in advance of the possibility of such damages. The liability under these terms for any claim or damage or series of such is limited to the amount of fees actually received by us from the customer in the billing period where such event occured.

7. Subscription, payments, cancellations

7.1 Subscriptions are automatically renewed and billed every 30 days unless canceled.

7.2 You can cancel your subscription in the account management panel or by contacting us via email. Cancellations become effective at the last day of the current billing period.

7.3 Orders that are paid via credit card, debit card or PayPal are handled by our online reseller Paddle.com Market Limited or Paddle Payments Limited (in each case referred to as "Paddle"). Paddle is the Merchant of Record for all orders paid via credit card, debit card or PayPal. Paddle provides all customer service inquiries and handles returns. You shall provide Paddle with accurate and complete billing information and valid payment method information. By submitting such payment information, you authorize Paddle to automatically charge all recurring subscription fees incurred through your account to any such payment instruments. All such information is subject to the privacy policy of Paddle (available at https://paddle.com/privacy) or any other third party service provider as applicable. Should automatic billing fail to occur for any reason, Paddle will retry 3 times and after that we will disable your subscription and you will no longer be able to use the Service.

7.4 Payments via bank transfer can be made in Euro (SEPA or SWIFT) or US Dollar (SWIFT or ACH). The customer agrees to fully cover any wire fees, exchange fees or other banking fees that may occur.

7.5 We reserve the right to adjust the pricing of plans one time per calendar year, at the beginning of the renewal period, by up to 25 percent. We shall give the customer 60 days advance notice of a change in text form. The change shall be deemed to have been agreed if the customer does not object in text form within 30 days of receiving notice of the change. If the customer objects to the change, we shall have an extraordinary right to terminate the contract. Such termination shall be effective as of the date from which the price adjustment is to apply.

8. Blocking access to the service

8.1 We reserve the right to block access to our services either temporarily or permanently if there are concrete indications that the customer has violated these terms or the law.

8.2 Access to the service may be blocked if the customer is more than 30 days in default on their payment.

9. Trial

9.1 We offer a free trial period (14 days) that offers limited access to the service for the purpose of evaluation. At any time and without notice we reserve the right to cancel the trial prematurely or restrict the scope of the trial.

9.2 You may not create multiple accounts for yourself or your organization for the purpose of restarting or extending the trial.

10. Governing Law

The laws of the Republic of Estonia will govern these terms and conditions, without giving effect to any principles of conflicts of laws.

11. Export Controls and Sanctions

The Service, its features and functionality, may be subject to export controls and economic sanctions laws. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such restricted jurisdiction. Such jurisdictions and locations include but are not limited to Syria, Libya, South Yemen, Cuba, Iran, North Korea and Crimea.

12. Changes to these Terms

We retain the right to effectively change these terms and conditions at any time, also within existing contractual relationships. Any changes or amendments shall be proposed to the customer in text form no later than 30 days before the date on which they are to take effect. The customer's consent to the proposal shall be deemed to have been granted if he does not reject the proposal in text form within 14 days of receiving it. By continuing to access or use the Service after changes become effective, the customer agrees to be bound by the new terms. If the customer rejects the proposal, we shall have an extraordinary right to terminate the contractual relationship. Such termination shall be effective as of the date from which the change is to apply.

13. Miscellaneous

Should any of these terms and conditions be or become invalid or contradict legal provisions, this will not affect the validity of the rest of the terms and conditions. The ineffective provision will be replaced by the parties by such a provision, which comes closest to the sense and purpose of the invalid provision in a legally effective manner. The above provision applies in case of loopholes accordingly.