Terms & Conditions

Last updated on 14 August 2025

Welcome to ThreatCaptain. By continuing to use our website, www.threatcaptain.com, you agree to comply with and be bound by these Terms & Conditions. Therefore, please read them carefully so that you understand all Terms & Conditions. 

Note also that these Terms & Conditions also contractually bind licensees of ThreatCaptain’s Software and related services.

1. Acceptance of Terms

2. Use of the Website

3. Intellectual Property

4.  User Accounts

5. Third-Party Links

6. Limitation of Liability

7. Changes to Terms

8. Governing Law

9. Indemnification

10. Miscellaneous

11. Not-For-Resale (NFR) License

12. Contact Information

1. Acceptance of Terms

  1. Use Constitutes Agreement. By using this site, or by otherwise expressing your assent at the time of registering an account with ThreatCaptain, you agree to these Terms & Conditions, laid out herein.

  2. Continued Use Also Constitutes Agreement to Privacy Policy. By using this site, or by otherwise expressing your assent at the time of registering an account with ThreatCaptain, you agree to abide by our privacy policy and authorize our limited use of data in accordance with that policy. 

  3. If You Disagree with These Terms & Conditions, or with Our Privacy Policy, Navigate Away. If you do not agree to these Terms & Conditions, or to our Privacy Policy, cease use of our website and/or of our Software immediately.

  4. Power to Bind Legal Entity. By continuing to use this website and/or our Software, you represent, warrant, agree, and guarantee that, if you are representing a legal entity, you have the power and authority to bind said legal entity to these Terms & Conditions. Furthermore, by continuing to use this website and/or our software, you do so bind said legal entity. 

2. Use of the Website

  1. Lawful Use Generally. You agree to use the website only for lawful purposes and in a way that does not infringe upon the rights of others. 

  2. Intellectual Property Infringement. You shall not use our website or Software to infringe on our intellectual property rights, or other rights, including but not limited to trademarks, service marks, trade secrets, patents, proprietary information, business secrets, client lists, or other confidential information. Similarly, you shall not use our website or Software to violate any of the above rights of any other party, unless required to do so by law. By using this website and/or our Software, you acknowledge and agree that ThreatCaptain is the sole legitimate owner of all copyrights, patents, trademarks, service marks, trade secrets and other intellectual property arising out of or related to its software and related products and services. 

  3. Required Civility. You agree that all communications to us, or other communications on, with, or in relation to our website, are to be done in a manner that is civil, respectful, and constructive. Communications must be free from abusive, harassing, defamatory, threatening, or otherwise objectionable language or behavior. You shall refrain from using language or engaging in conduct that is hostile, inflammatory, or disruptive. All interactions—whether directed toward other us or other users—must be polite, courteous, and, where appropriate, cooperative or helpful. We reserve the right to remove content or suspend access to users who violate these standards of conduct, as determined in our sole discretion.

3. Intellectual Property

  1. This Website’s Contents Belong to ThreatCaptain. All content, trademarks, service marks, logos, and other intellectual property displayed on this website are the property of ThreatCaptain. You may not reproduce, alter, or distribute said content. Similarly, you may not create derivative works of any content, trademark, service mark, logo, or other intellectual property without our prior express written consent. Even if such consent is given, we reserve the right to revoke such consent at any time for any reason. 

  2. User Prohibitions. You agree not to, and shall not permit, authorize, or assist (either directly or indirectly) any other person or entity to:

    1. modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover or derive the source code, underlying structure, algorithms, ideas, or know-how of our software, website, or other technology, in whole or in part, except to the extent that such activities are expressly permitted by applicable law;

    2. create any derivative works based on our software, website, or other work or technology;

    3. remove, alter, or obscure any proprietary notices, labels, or marks contained in or on our website or our software; and/or,

    4. use our software, website, or other possessions or creations for purposes of benchmarking, competitive analysis, or the development of competing products or services.

4.  User Accounts

  1. Protect Your Account. If you create an account, you are responsible for maintaining its security and confidentiality. You are also responsible for any and all activities under that account. Your security responsibilities include, but are not limited to, securing your passwords, security questions, and other login and account information. Do not share such login or account information with anyone, unless you are certain that doing so is absolutely necessary. Even if you have such certainty, be cautious, prudent, and reasonable. Your security, and the security of your account with us, is your responsibility. 

  2. Activity of Others in Your Account. You are responsible for all activity that happens on your account, whether or not that activity was caused by you, whether that activity is automated or manual. This, among other reasons, is why securing your account is so important. If others use your account in ways that violate our Terms & Conditions, our Privacy Policy, or our End User Software License Agreement, you may be held responsible and liable for such activity, or your account or license may be withdrawn. Similarly, if activity on your account violates applicable law, you may be responsible for the consequences. 

  3. Termination of Accounts. We reserve the right to suspend or terminate accounts for any unauthorized use, any harmful use, or any violation of these Terms & Conditions, including but not limited to activities that compromise the security, integrity, or availability of the Software, or that infringe on the rights of others, or that may be otherwise prohibited by applicable law.

5. Third-Party Links

  1. We Disclaim Responsibility for Third Party Website Links. Our website may include links to third-party websites for your convenience. We do not endorse or assume responsibility for any content, policies, or practices of these external sites. We cannot control the content, policies, practices, procedures, or security of said links, sites, or third parties. 

  2. Your Device’s Security Is Your Responsibility. If your device or account is damaged, compromised, or otherwise rendered inoperable due to your failure to exercise prudent caution in navigating the internet, or in your failure to implement reasonable security measures, such as maintaining updated software, using strong passwords, or safeguarding login credentials, we are not liable for any resulting loss, damage, or unauthorized access. You are solely responsible for ensuring the security and integrity of your own systems and for any activity conducted through your account, whether authorized by you or not.

6. Limitation of Liability

  1. No Special Damages. We are not liable for any indirect, incidental, punitive, special, or consequential damages arising from or related to your use of this website, including but not limited to damages for loss of profits, loss of goodwill, and loss or corruption of data, whether based on contract, tort, strict liability, or otherwise. Use of our Software, our website, and related services is at your own risk.

  2. No Warranties or Representations. We make no warranties or representations, express or implied, regarding the availability, accuracy, reliability, or suitability of the website or any content, services, or features provided through it. All content and services are provided “as is” and “as available,” without warranty of any kind.

  3. No Guarantee of Operability. We do not warrant that the website will be secure, uninterrupted, error-free, or free of viruses or other harmful components. You assume full responsibility for any damage to your device, software, or data that results from your use of the website.

  4. Total Cumulative Liability. To the fullest extent permitted by law, our total cumulative liability for any claim arising out of or relating to these Terms & Conditions and/or your use of the website shall not exceed one hundred U.S. dollars (USD $100), or the amount you have paid us in the last year (whichever is less), regardless of the cause of action, whether in law or equity, and whether in contract, tort, or otherwise.

7. Changes to Terms

We reserve the right to modify these terms at any time in our sole discretion. Your continued use of the website after such changes constitute your acceptance of the new terms and conditions.

8. Governing Law

  1. Governing Law. These Terms & Conditions are governed by and construed under the laws of the State of South Carolina, without regard to conflict of laws or choice of laws principles.

  2. Jurisdiction. You submit to the personal jurisdiction of the federal and state courts in the State of South Carolina and waive any right to object on grounds of forum non conveniens and/or improper venue. 

  3. Actions Must Be Brought in South Carolina Courts. Any dispute, cause of action, claim, or other legal action against ThreatCaptain (or its agents, employees, owners, managers, suppliers, or resellers) that is related to and/or arises under these Terms & Conditions must be brought in the federal or state courts of South Carolina exclusively. 

9. Indemnification

  1. Indemnification. You agree to indemnify, hold harmless, and defend ThreatCaptain against all claims and causes of action arising out of and/or in connection with your misuse or unauthorized use of our website or software. 

  2. We Reserve the Right to Participate in Defense. We shall have the right, but not the obligation, to participate in the defense of any claim or action subject to indemnification under these Terms & Conditions, at our own expense and using counsel of our own choosing. Such participation shall not limit your obligation to defend the claim, provided that our participation does not unreasonably interfere with the defense.

  3. Notice Requirement. If you learn of any suit, claim, or cause of action against us (or our agents, employees, owners, managers, representatives, suppliers, or resellers) caused as a result of your use of our website or our software or related to your use of our website or software, you shall immediately provide written notice to us of said suit, claim, or cause of action. 

10. Miscellaneous

  1. Severability. If any part of these Terms & Conditions is found to be illegal, invalid, or otherwise unenforceable, the remainder of these Terms & Conditions shall continue in full force and effect. 

  2. Conflict with End User Software License Agreement or Privacy Policy. If any part of these Terms & Conditions conflict with, or are inconsistent with, the End User Software License Agreement or with our Privacy Policy, then the language located in the Agreement or in the Privacy Policy shall control and the inconsistent or conflicting language in these Terms & Conditions shall not apply. 

  3. Force Majeure. We are not responsible for any damages or losses resulting from Acts of God, terrorism, government laws and regulations, civil disobedience, pandemics, epidemics, natural disasters, civil wars, invasions, sieges, electrical outages, poisonings, or similar.   

  4. Acknowledgement. By continuing to use our website and/or Software, you acknowledge that you have read, understood, and agree to these Terms & Conditions. If you do not agree, immediately cease use of our website and/or Software. 

11. Not-For-Resale (NFR) License

a. Grant of License. The Company may, at its sole discretion, provide you with a time-limited, non-transferable, Not-For-Resale (NFR) license to access and use the Service ("NFR Access").

b. Permitted Use. NFR Access is granted to you solely for the following purposes:

  • Internal evaluation and testing of the Service's features and functionality.

  • Internal demonstration and training for your own employees.

  • Using the Service for your own internal business operations as a first use case, as guided by the Company.

c. Restrictions. You agree that you will not use the NFR Access for any direct commercial, client-facing, or revenue-generating activities. This includes, but is not limited to, reselling the Service, charging your clients for reports generated by the Service, or using the Service to manage your clients' assets, which requires a separate, active, paid subscription plan.

d. Term and Termination. NFR Access is granted for the term specified at the time of activation (e.g., 60 days). The Company reserves the right to modify the term or terminate your NFR Access at any time, for any reason, with or without notice.

e. Disclaimer of Warranty. All NFR Access is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. The Company expressly disclaims all warranties, whether express, implied, or statutory, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Contact Information

  1. Contact. For questions or concerns about these Terms and Conditions, please contact us at: ahoy@threatcaptain.com. 

  2. Accessibility.  For questions or concerns specific to accessibility, please contact us at: cathy@threatcaptain.com. 

  3. Be Nice. Keep in mind that, under the Terms & Conditions you agree to by use of this website, all of your communications must be civil and constructive.