Binary Ninja Cloud – Terms of Service

As of December 1, 2018

TL;DR:

You get to use Binary Ninja Cloud at no charge! In exchange, we’re allowed to use the information you submit to help us and others improve global reverse engineering capabilities. If this isn’t okay, then please don’t use Binary Ninja Cloud. The following Terms of Service contain the full agreement, so please read it.

Background:

These terms, together with any referenced guidelines, laws, or policies such as our Privacy Policy, collectively constitute the Terms of Service (“ToS”) that you agree to as a condition of using Binary Ninja Cloud which, together with any other information, products or services available through https://cloud.binary.ninja/ , constitute the “Service”.

In exchange for your use of the Service, you agree to follow and be bound by the terms and conditions of the ToS; if you do not agree to the ToS, you are prohibited from using the Service and you should consider licensing Binary Ninja instead.

The terms “you” or “your” in the ToS mean you as the user of the Service or, if you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity and in which case the terms “you” and “your” collectively include both you and the entity on behalf of which you are accepting the ToS. Any reference to “we”, “us”, or “our” means Vector 35 Inc, a Delaware Corporation , the company that owns the Service.

The term “Data”, as used in the ToS, means all information which you submit or upload, or which we collect or generate as a result of your use of the Service, which includes without limitation any binaries, binary annotations (such as comments, structures, names, types, etc.) information, text, comments, as well as any user information not otherwise governed by our Privacy Policy.

Prohibitions:

You are prohibited from using the Service in a manner which:

• is not expressly allowed under these ToS;

• is in breach of any applicable local, national, or international law or regulation;

• transfers or attempts to transfer any rights granted to you under the ToS;

• harms or infringes upon our rights or interests or those of any third party, including for example:

• discrediting any individual, product, or firm;

• circumventing any copy-protection, license servers, or other protections designed to protect against the unauthorized copying or use of any product or service, including the Service;

• engaging in any activity that could damage, overload, harm or impede the normal functioning of the Service;

Further, as a condition of your use of the Service, you agree that you will not:

• attack, or attempt to attack the Service via any means, including for example a denial-of-service attack or a distributed denial-of service attack;

• obtain, use or mine Data from the Service except as specifically permitted by the Service, including without limitation in any way that could identify individual persons in their private capacity, or any attempt to access or misappropriate content contained in any Data;

• use the Service as a component in any other automated service whether commercial or otherwise;

• attribute any information or intelligence you receive through the Service to any third party without our explicit written permission;

• gain unauthorized access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service, or act in any manner intended to impersonate or masquerade as another individual; or

• submit Data to the Service that is or could be considered proprietary, classified, or sensitive, personally-identifiable information, or Data that is or could be considered subject to the International Traffic in Arms Regulations (“ITAR”), or to do any other thing which may cause the appearance that we have provided a defense article or service as defined therein.

Rights in and License to Data

By submitting or uploading Data to the Service, you represent that all content contained in the Data complies with these ToS and our Privacy Policy, that you are either the original owner of the Data or that you have the necessary rights and permissions to irrevocably contribute the Data with the requisite license, and understand that you share it, and information about it, with users of the Service, us, and our partners and other third parties.

You retain any preexisting ownership rights to original material in the Data. When you upload or otherwise submit binaries or other information to the Service, you give us (and those with whom we work) a worldwide, non-exclusive, royalty- and cost-free, transferrable license to use, edit, host, store, reproduce, modify, create derivative works, communicate, publish in whole or part, publicly perform, publicly display, sell or offer for sale, and distribute regardless of format and without respect to any restrictive markings.

We may share Data with our partners or utilize it in any manner, in our sole discretion, however it is our primary intention to raise global capabilities in reverse engineering. Data feeds from our Service will be used by us and our partners for a variety of purposes, including as source material to develop and instruct machine-learning algorithms. By contributing Data, you are contributing to these efforts.

We will undertake reasonable efforts to limit dissemination and derivatives to the materially pertinent portion of Data, without needless duplication or dissemination of Data unrelated to the material part.

Although we have no obligation to monitor use of the Service, user Content or any Data, we may monitor the Service to detect and prevent fraudulent activity or violations of these ToS and retain sole discretion to remove Data, Content or users from the Service at any time and for any reason without notice. This includes recording identifying information such as your IP address, in order to prevent repeated violations of these ToS and attribute malicious activity. Certain content may be subject to the Digital Millenium Copyright Act, and at all times, we will comply with that legislation. In any event, we shall at all times have the right to remove any Data from the Service without notice and in our sole discretion.

To promote accountability and the security of the Service user community, accounts and Data contributed by the community (for example, comments, posts, etc.) generally will not be removed from the Service, unless they are illegal, violate the lawful rights of an individual, serve any other unethical/malicious purpose, or otherwise violate these ToS.

If you do not want to share Data in the manner set out in the ToS, do not submit or upload it to the Service, as the Service is designed to improve capabilities in information- and operational-technology reverse engineering through the aggregation and sharing of Data.

Our Rights

All rights, title, and interest in and to the Service are and will remain our exclusive property. Nothing in these ToS should be construed as conferring, by implication or otherwise, any license or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property or proprietary interest of ours, our licensors or any third party. Nothing in our ToS gives you a right to use our trademarks, logos, domain names, and other distinctive brand features.

Any Data, feedback, comments, or suggestions you may provide to, or regarding us or our Service is entirely voluntary. We are free to use any feedback, comments or suggestions as we see fit and without obligation to you.

Changes in Service

The Service is constantly evolving, and the form and nature of the Service may change from time to time without prior notice to you. Any changes to the Service, including the release of new Services, are subject to the ToS then in effect. In addition, we may stop (permanently or temporarily) providing the Service (or any features within the Service) without providing prior notice. We also retain the right to create limits on your use of the Service including storage, bandwidth, computational resources or otherwise, at our sole discretion and at any time without prior notice to you.

In the event such changes in Service result in your desire to cease licensing us Data, you can elect not to further use the Service at any time. Upon your request we will endeavor to remove your Data from our databases and servers, however your license is irrevocable and we make no guarantees about latent Data, artifacts, previously-transmitted or transferred Data, or packages containing such Data.

Disclaimers

Your access to and use of the Service is at your own risk. You understand and agree that the Service is developmental and provided to you on an "as-is " basis without representation or warranty, whether express, implied, or statutory. Without limiting the foregoing, we specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant or guarantee that the Service and Data are accurate, reliable or correct; that the Service and Data will meet any requirements you may have; that the Service and Data will be available at any particular time or location, uninterrupted, error-free, without defect or secure; that any defects or errors will be corrected; or that the Service and Data are free of viruses or other harmful components.

We are not liable for any loss or damage caused by your use of the Services, nor any manner of denial of service/distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, Data or other proprietary material due to your access to or use of the Service or Data or any third-party content or websites accessed through, or in any way in conjunction with, the Service or Data.

Our Service may contain links to third-party websites or resources, which in turn may contain comments and/or posts with linked URLs. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or anything available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources and acknowledge that user comments on URLs and Data in the Service, on the Site, and through connected third-party resources, may contain URLs/links leading to malware. We make no representations or warranties, express or implied, with respect to any third-party websites, products or content and expressly disclaim any condition or warranty of merchantability, non-infringement, or fitness for a particular purpose.

Except as may be required by law and as set forth in our Privacy Policy, you further understand and agree that we have no responsibility or liability for the deletion of, or the failure to store or transmit, any Data, content, other materials or communications maintained by the Service or shared with our partners.

Limitation of Liability

WE AND ANY PAST, PRESENT OR FUTURE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL , EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES OR DATA; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS, UPLOADS, OR DATA CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMIT OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Jurisdiction and Choice of Law

If either we, or you, bring against the other any proceeding arising out of this ToS or pertaining to the use of Services or Data, such proceeding will be heard exclusively in the United States District Court for the Middle District of Florida, Orlando Division, or, only if there is no Federal subject matter jurisdiction, in any state court of Florida sitting in Brevard County, and you and we submit to the exclusive jurisdiction of those course for purposes of any such proceeding.

The laws of the state of Florida, excluding its conflict of law provisions, governs all matters (including, without limitation, the validity, interpretation, and construction,) of the ToS, any dispute, claim, or proceeding arising out of or in connection with the ToS, or their subject matter or formation (including non-contractual disputes or claims).

About These ToS

We may update and amend the ToS from time to time and any changes will be posted on the site hosting Services. By continuing to access the Service after any changes become effective, you agree to be bound by the revised ToS.

Our failure to enforce any right or provision of these ToS will not be deemed a waiver of such right or provision. In the event that any provision of these ToS is held to be invalid or unenforceable, the remaining provisions of these ToS will remain in full force and effect.

Questions or Concerns

If you have any uncertainty that your use of the Service complies with the ToS or have a question or concern with any aspect of the Site or Service, please contact us.