These Terms of Service ("Terms") are an agreement between you and Surface Security, Inc. ("Surface Security," "we," "us," or "our"). They cover:
- our website at surface-security.com and its forms (the "Site"); and
- Surface Guard, our free browser extension.
The Site and Surface Guard together are the "Services."
Enterprise customers. Our enterprise platform (the "Enterprise Platform") is governed only by a written agreement signed by your organization and us (a "Customer Agreement"). This includes deployments in your environment, trials we host for you, evaluations, pilots, and proofs of concept. These Terms do not apply to the Enterprise Platform, and they do not supplement or modify a Customer Agreement. No click-through, installer, console, or website terms bind your organization with respect to the Enterprise Platform unless its Customer Agreement expressly incorporates them. Employees of an organization with a Customer Agreement do not bind it to these Terms by using the Site for its business. To start a trial, sign our Evaluation Agreement online. You get access as soon as you sign. If your organization already has a signed agreement with us that covers the trial, we can send you a one-time sign-up link instead. Completing or signing a Customer Agreement through the Site does not make you or your organization accept these Terms.
Accepting these Terms. You accept these Terms when you agree to them in Surface Guard, and otherwise when you use the Services after being given notice of them. Our Privacy Policy explains how we handle personal information. If you do not agree to these Terms, do not use the Services.
1. Eligibility
You must be at least 18 years old, and able to enter into a binding contract, to use Surface Guard or to submit a form on the Site. If you use the Site for an organization's business, these Terms bind you individually, not the organization. You may not use the Services if you are barred from doing so under the laws described in Section 15.
2. Using the Site
You may use the Site to learn about our products and to contact us. When you submit a form, provide accurate information and only information you have the right to share. Do not submit passwords, secrets, health information, or other sensitive personal information.
Blog posts, threat research, and other content on the Site are for general information. They are not professional advice, and they may become out of date.
3. Surface Guard
License
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Surface Guard, free of charge, on browsers you own or are authorized to use, for your personal, non-commercial use. Personal use includes using Surface Guard on a work device you are permitted to install it on, but not deploying, managing, or offering it across an organization. You may not redistribute Surface Guard or offer it as part of a commercial product or service.
Work devices and regulated data
Surface Guard is designed for personal use. Do not install it on a device or browser managed by your employer or another organization without that organization's permission. It is not part of, and is not managed by, the Enterprise Platform, and it is not designed for devices used to handle protected health information or other regulated data. Organizations should use the Enterprise Platform under a Customer Agreement.
What Surface Guard can and cannot do
Surface Guard uses automated detection to warn about or block web pages it considers dangerous. Please understand its limits:
- It will not catch everything. No security product detects every threat. Surface Guard may miss attacks, including new or targeted ones.
- It will sometimes be wrong. Surface Guard may warn about or block legitimate websites. You can continue past a warning, allowlist a site, or unblock it.
- You make the final decision. Surface Guard adds to other security measures and your own judgment. It does not replace them. Do not rely on it as your only safeguard.
- Warnings are automated assessments. A warning reflects our software's automated assessment of the signals it observed at that moment. It is not a statement of fact about a website, its owner, or their intentions.
If you operate a website that you believe Surface Guard has flagged incorrectly, request a review through our support page. If we agree the verdict was wrong, we will remove the site from our detections and indicators, and ask the partners we shared it with to remove it too.
Updates
Surface Guard updates automatically through your browser's extension store, and it downloads detection rules from us. By installing Surface Guard, you agree to these automatic updates. Updates may add, change, or remove features. We will not use an update to make a material change to the information Surface Guard sends us, or to use information already collected in a materially different way, without first asking for your consent in the extension. We are not obligated to provide updates or support, and we may discontinue Surface Guard, or any feature that depends on our servers, at any time.
Threat reports
When threat reports are on, Surface Guard sends us a report when it flags a page or when you click Report on certain warnings. You can turn reports on or off in the extension's settings. Our Privacy Policy explains what reports contain and how we use them.
To the extent you have any rights in these reports, you grant us a non-exclusive, perpetual, worldwide, royalty-free license to:
- use, copy, and analyze the reports; and
- use and share indicators derived from them, as described in our Privacy Policy.
We do not share the reports themselves, install tokens, or IP addresses outside Surface Security, except with our service providers, as required by law, or in a merger or acquisition with your prior consent. This license does not limit your rights under data protection law.
Stopping use
You can stop using Surface Guard at any time by uninstalling it from your browser.
4. Acceptable Use
You agree not to do any of the following, or help anyone else do them:
- use the Services in violation of any law or anyone else's rights;
- copy, modify, distribute, sell, or lease any part of the Services, except as needed to use them as these Terms allow;
- use the Services, or detection rules, verdicts, or other output from them, to build, train, or offer to others a product or commercial threat intelligence feed that competes with ours;
- bypass, disable, or interfere with security or usage-limiting features of the Services;
- use Surface Guard's install tokens or reporting interfaces except through the extension;
- submit false or misleading reports, or otherwise try to corrupt our detections;
- access or probe systems or networks we operate without authorization, overload or disrupt them, or introduce malware;
- scrape the Site by automated means, except with crawlers that follow our robots.txt;
- misuse our forms, including by sending spam or impersonating someone else; or
- remove or obscure any proprietary notices.
What these Terms do not restrict. Nothing in these Terms restricts you from:
- inspecting, testing, or analyzing Surface Guard's code, storage, and network traffic on devices you control, including to verify our privacy statements (but not sending altered or fabricated reports to our servers);
- publishing reviews, benchmarks, test results, or other analyses of the Services; or
- sharing indicators of compromise with others to protect them.
Security research. We welcome good-faith security research. If you believe you have found a vulnerability, report it as described in our security.txt, and give us a reasonable time to fix it before you disclose it publicly. This timing applies only to security vulnerabilities. If you make a good-faith effort to follow this process, we will consider your research authorized, and we will not bring legal action against you for it under these Terms or computer misuse or anti-circumvention laws. This does not cover research that degrades our services or accesses data that isn't yours.
5. Feedback
If you send us ideas, suggestions, or other feedback about the Services, you grant us a non-exclusive, perpetual, worldwide, royalty-free license to use it without restriction or payment to you. Please do not include confidential information in feedback.
6. Intellectual Property
We and our licensors own the Services, including the Site and its content, our software, our detection rules, and our trademarks. These Terms do not give you any rights except those they expressly grant. You may not use our names, logos, or trademarks without our permission, except to refer to our products accurately.
If you believe content on the Site infringes your copyright, contact us at legal@surface-security.com.
7. Third-Party Services
The Services may link to or rely on third-party websites and services, such as browser extension stores and Google reCAPTCHA. Your use of those is governed by their own terms, and we are not responsible for them.
8. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL DETECT OR PREVENT ALL THREATS. WE ALSO DO NOT WARRANT THAT THEY WILL BE FREE OF FALSE POSITIVES OR FALSE NEGATIVES, THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT CONTENT ON THE SITE IS ACCURATE OR CURRENT.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) SURFACE SECURITY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICES. THIS INCLUDES DAMAGES CAUSED BY THREATS THE SERVICES DID NOT DETECT OR BY LEGITIMATE WEBSITES THE SERVICES BLOCKED, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
(b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (i) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (ii) US$100.
These limits do not apply to liability that cannot be limited by law. This includes liability for fraud, for death or personal injury caused by negligence, and statutory damages under data protection, privacy, or consumer protection laws that cannot be limited by contract.
10. Indemnification
To the extent permitted by law, you will defend and indemnify Surface Security and its affiliates, officers, and employees against third-party claims arising from your breach of Section 4 or your violation of law. This includes the related losses and reasonable legal fees. If you use the Services as a consumer, this Section applies only to claims arising from your intentional misuse of the Services.
11. Suspension and Termination
We may suspend or end your access to any part of the Services, including by disabling Surface Guard's connection to our servers, in any of these cases:
- you violate these Terms;
- the law requires it; or
- it is necessary to protect the Services or their users.
We may also change or discontinue any part of the Services at any time, and you may stop using the Services at any time. Section 3 (Threat reports), Sections 4 through 10, Sections 12 and 13, and Section 17 survive the end of these Terms.
12. Governing Law and Courts
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.
- Courts. Any dispute arising out of or related to these Terms or the Services will be brought exclusively in the state or federal courts located in Delaware, and you and we consent to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.
- Excluded laws. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
- Time limit. To the extent permitted by law, any claim must be brought within one year after it arises.
If you are a U.S. consumer:
- the one-year time limit does not apply to you; the period set by applicable law applies instead;
- you may bring an individual claim in small-claims court; and
- you may bring a claim in the courts where you live if your state's law gives you that right.
13. Consumers in the EEA, UK, and Elsewhere
A "consumer" means an individual using the Services for purposes outside their trade, business, or profession. If you are a consumer, nothing in these Terms takes away rights you have under the mandatory laws of the country where you live. If you are a consumer in the European Economic Area or the United Kingdom:
- your statutory rights are not affected;
- instead of Section 9, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, or for business losses;
- nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited by law;
- Section 10 does not apply to you; and
- you may bring a claim in the courts of the country where you live.
14. U.S. Government Users
Our software and documentation are "commercial computer software" and "commercial computer software documentation." They are provided to U.S. government users only with the rights set out in these Terms, under FAR 12.212 and DFARS 227.7202. For U.S. government users, Sections 10, 12, and 16 apply only to the extent permitted by federal law, and federal law governs.
15. Export Controls and Sanctions
You must comply with all applicable export control and sanctions laws when you use the Services. You confirm that:
- you are not located in a country or region subject to comprehensive U.S. sanctions; and
- you are not on a U.S. government list of restricted parties, and are not owned by anyone who is.
16. Changes to These Terms
We may update these Terms from time to time. When we do, we will post the updated Terms on the Site and change the "Last updated" date. For material changes, we will give notice on the Site, and in Surface Guard where practical, before the changes take effect. Changes apply going forward and do not apply to disputes that arose before they took effect. If you keep using the Services after the changes take effect, you accept the updated Terms. If you do not accept them, stop using the Services and uninstall Surface Guard. Changes to these Terms never modify a Customer Agreement.
17. General
- Entire agreement. These Terms are the entire agreement between you and us about the Services. Our Privacy Policy explains our data practices. Where a Customer Agreement exists, it controls every matter it addresses.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, subject to the commitments in our Privacy Policy.
- Notices. We may give you notices by email, in the Services, or by posting them on the Site. You agree to receive agreements, notices, and other communications from us electronically.
- Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.
- Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control.
- No third-party beneficiaries. These Terms do not give anyone else any rights.
- Relationship. These Terms do not create a partnership, joint venture, employment, or agency relationship.
- Interpretation. Headings are for convenience only. "Including" means "including without limitation." If a translation of these Terms conflicts with the English version, the English version controls.
18. Contact Us
Surface Security, Inc.
131 Continental Dr Suite 305, Newark, DE 19713, US
For questions about these Terms: legal@surface-security.com
For help with our products, visit our support page.