itWORKS!, Inc. (“itWORKS!”) has entered into a license agreement to make available to its clients (“Client”, “You” or “End User”) a platform, software and related products (“Products”) owned by Huntress Labs, Incorporated. (“Huntress”). As part of this or any other agreement, itWORKS! is required to disclose the material terms of Huntress’s Terms and Conditions.
Therefore, as a condition of your right to use or access or allow its authorized users the right to use or access the Huntress products, you must acknowledge and agree that you have reviewed the following terms and conditions, which may be updated from time to time. Therefore, Huntress and itWORKS! reserve the right to and may change, modify, supplement or update the terms of this agreement. You will receive notice and an opportunity to accept these changes. If you do not agree to the change(s) itWORKS! shall have the right to terminate your use of the software or you will remain governed by the Terms in effect immediately prior to the change.
As a condition of the use of the Huntress products, you expressly acknowledge and agree to the following:
- Services that Make Modifications to a Computer. The Huntress Platform includes services and functionality that may make modifications to a computer system in order to prevent, respond, remediate, and/or recover from a security incident. These services are provided as part of the Platform to better assist you. While Huntress Labs takes appropriate and reasonable steps to mitigate the possibility of these services causing any adverse effects to your computer systems where the actions are executed, including requiring users/agents to review and approve any actions, Huntress Labs cannot and does not guarantee any particular results, effects or performance either suggested by Huntress Labs or specified by a user, prior to implementing such action. Either suggested by Huntress Labs or specified by a user, prior to implementing such actions. By using the Huntress Platform, including the services that make these modifications, you understand and agree that Huntress Labs shall not be liable to you for any delay(s), error(s), or issue(s), including any instability or other adverse effects arising from any actions or omissions taken or made with respect to your computer systems via the Platform.
- Ownership. You recognize and agree that the Platform and the Software contain valuable assets, proprietary information and intellectual property of Huntress Labs and its licensors, and are made available to you under these Terms. Huntress Labs (and its licensors) retain all right, title, and interest in the Platform and Software, including any and all intellectual property rights. Huntress Labs (and its licensors) reserves all rights not expressly granted.
- User Data. The Software together with the Platform may collect certain data and information about your use and, if you are an entity, your individual users’ use of the Platform (“User Data“). Any personally identifiable information contained in User Data provided to Huntress Labs will be treated as set forth in the Huntress Labs Privacy Policy available at https://huntress.io/privacy.html as amended from time to time. With the exception of any personally identifiable information you or your individual users submit, any information you transmit to Huntress Labs via the Platform related to the functionality of the Platform and Software, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non- proprietary and will become the property of Huntress Labs. Huntress Labs also owns all data generated by the Platform and Software, and any statistical information related to the usage, traffic patterns and behavior of the users of the Platform (“Statistical Data“) (so long as such Statistical Data will not include personally identifying User Data).
- Warranty Disclaimer. THE HUNTRESS PLATFORM AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND HUNTRESS LABS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT COMPLIANCE WITH LAW, SECURITY, ABSENCE OF VIRUSES OR OTHER MALICIOUS SOFTWARE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HUNTRESS LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS MAKE NO WARRANTY THAT (A) THE PLATFORM OR SOFTWARE ARE CORRECT, ACCURATE, RELIABLE, COMPLETE, OR TIMELY, OR THAT ANY PROBLEMS ENCOUNTERED WILL BE CORRECTED, (B) THE FUNCTIONS OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR (C) THE USE OF THE PLATFORM WILL RESULT IN ANY PARTICULAR RESULTS. ANY PAST RESULTS RECEVIED BY YOU WITH RESPECT TO THE PLATFORM ARE NOT INDICATIVE OF FUTURE RESULTS. HUNTRESS LABS DOES NOT GUARANTEE THAT THE PLATFORM WILL GUARANTEE SECURITY, DETECTION, OR MITIGATION OF ALL MALICIOUS SOFTWARE. HUNTRESS LABS DOES NOT WARRANT THAT THE PLATFORM WILL PROTECT OR SECURE YOUR FILES, NETWORKS, SERVERS, OR ENDPOINTS FROM ALL MALWARE, VIRUSES OR THIRD PARTY MALICIOUS ATTACKS. YOU ACKNOWLEDGE THAT HUNTRESS LABS OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR BENEFIT ONLY. THE HUNTRESS LABS BETA FEATURES, IN ADDITION TO THE DISCLAIMERS PROVIDED HEREIN, ARE OFFERED SOLELY FOR INFORMATIONAL OR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME WITH NO ADVANCE NOTICE IN HUNTRESS LABS’ SOLE DISCRETION. HUNTRESS LABS WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS, OR ANY DATA LOSS, CORRUPTION OR ERRORS ARISING DIRECTLY OR INDIRECTLY FROM SUCH BETA FEATURES. Any content and other information contained within the Platform and Software has been prepared by Huntress Labs as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Huntress Labs makes no warranty or guarantee about the accuracy, completeness, or adequacy of any such content or other information contained in or linked to the Platform or Software. YOUR USE OF THE PLATFORM AND SOFTWARE IS AT YOUR SOLE RISK. You are solely responsible for any and all acts or omissions taken or made in reliance on the Platform or the information contained therein, including inaccurate or incomplete information. In accordance with these Terms or Service, Huntress Labs makes no warranty claims to the continued availability of its services or features.
- Limitation of Liability. IN NO EVENT SHALL HUNTRESS LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE PLATFORM OR SOFTWARE (I) FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). IN NO EVENT SHALL HUNTRESS LABS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS, OK THE USE OF THE PLATFORM AND THE SOFTWARE EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO HUNTRESS LABS IN THE PRECEDING THREE (3) MONTHS OR (II) FIFTY DOLLARS ($50.00). Customer acknowledges and agrees that the fees and other charges which Huntress Labs is charging under this agreement do not include any consideration for assumption by Huntress Labs of the risk of Customer’s indirect, consequential or incidental damages or of unlimited direct damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
- Any content and other information contained within the Platform and Software has been prepared by Huntress Labs as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Huntress Labs makes no warranty or guarantee about the accuracy, completeness, or adequacy of any such content or other information contained in or linked to the Platform or Software. YOUR USE OF THE PLATFORM AND SOFTWARE IS AT YOUR SOLE RISK. You are solely responsible for any and all acts or omissions taken or made in reliance on the Platform or the information contained therein, including inaccurate or incomplete information. In accordance with these Terms or Service, Huntress Labs makes no warranty claims to the continued availability of its services or features.
ItWORKS! may disclose this Agreement to Huntress. Huntress is an intended third party beneficiary with the rights to enforce this agreement with respect to the licenses granted to use of its products. itWORKS! and Huntress may enforce all of the above terms and conditions including Warranty and other disclaimers, and limitations on liability. You also agree on behalf of yourself and employees that you will not file suit against Huntress for any reason.
This agreement supplements and is not in place of any other agreement(s) that you have with itWORKS!, which are hereby incorporated by reference. If there are any differences in your current agreement(s) with itWORKS! and this Agreement, the above Terms and Conditions only apply to this Huntress License Agreement. All other previous terms and conditions remain in full force and effect.