Effective date: February 04, 2022

SOC Prime, Inc. is a Delaware corporation, and its Affiliates (collectively, “SOC Prime”, “we”, “us”, or“our”) makes the Service (as defined below), available on SOC Prime’s website https://tdm.socprime.com (the “Site”) subject to the following SOC Prime Platform Terms of Service (“Terms”).

For the purpose of these Terms, “you”, “your”, or “User” includes individually or collectively any individual you (the user or the user’s entity or organization) permit to visit, view, use, or access the SOC Prime Platform. To the extent that you have entered into another written agreement with SOC Prime that contains terms that directly conflict with any of these Terms, then the conflicted terms set forth in such other agreement will control.

“SOC Prime” is a registered trademark of SOC Prime, Inc. All other trademarks, service marks and trade names mentioned in these Terms or elsewhere on the Site are the property of their respective owners.

Definitions

“SOC Prime Platform” is a service for cross-platform threat detection content delivery, developed by security incident responders. SOC Prime Platform provides content for searching, indexing, monitoring, analyzing and visualizing information and data on cyber-security threats to improve efficiency of Security Information and Event Management (“SIEM”), Endpoint Detection and Response (“EDR”), Network Security Monitoring (“NSM”), Network Traffic Analysis (“NTA”) and Network Threat Detection & Response ("NTDR") solutions.

“Account” means the account at the Site that is or will be created by a User.

“Adaptation” means (a) reproduction or modification of any part of the software, creating a derivative work of any part of the software or incorporate the software into or with other software; (b) decompilation, disassembling, reverse engineering or other attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the software by any means whatsoever, except to the extent expressly authorized in writing by SOC Prime.

“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with a party; where “control” means the direct or indirect ownership of at least fifty percent (50%) of the then-outstanding voting shares or equity interests of that party, or the power to direct or cause the direction of the management and policies of that party, whether by contract or otherwise; but only for so long as such control relationship exists.

“Content” means use cases, oriented sets of rules, queries, configurations for security information and event management systems, analytical packages, scripts, comments, feedback and other materials provided as a part of the Service whether by SOC Prime, Users or a third party.

“Consent” means freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

“Service” means a subscription based SOC Prime Platform service for the term length (the “Term”) set forth in the applicable agreement, this may be an accepted Price Quote, Purchase Order, etc. (the “Agreement”) or trial membership provided by SOC Prime.

“Subscription” means one of the following types of membership: Community, Professional or Enterprise, as detailed in these Terms or in the applicable Agreement.

“Freemium Users” means users who have signed up through the Community or Limited Subscription; “Freemium subscription” means the Community or Limited Subscription.

“Paid Users” means users with a Professional or Enterprise Subscription; “Paid subscription” means Professional or Enterprise Subscription.

Introduction

Please read these Terms carefully before you use the Service. It sets out the basis on which SOC Prime makes the Service available to you and on which you may use it. These Terms are a legally binding contract, unless otherwise indicated in a separate written Agreement between you and SOC Prime. By creating an Account, you accept all the conditions of these Terms on behalf of yourself and any entity or individual you represent or for whose device you acquire the Service.

SOC Prime’s Privacy Policy (“Privacy Policy”) is an integral part of these Terms. By using our Service, you agree to accept and to be bound by these Terms and Privacy at all times. If you do not agree with se these Terms, do not use the Service.

In order to use and exersise benefits of the Service, you will need an internet access, SIEM, EDR, NSM, NTA, NTDR or similar systems or solutions that may process the content distributed via the SOC Prime Platform.

Acceptable use and Restrictions

While using the Site and Service you will comply with all applicable laws, rules and regulations. In addition, the SOC Prime expects Users of the Site to respect the rights and dignity of others. Users should make a reasonable effort to protect their passwords and to secure resources against unauthorized use or access. You must configure hardware and software in a way that reasonably prevents unauthorized users from accessing your Account. If unauthorized access is detected – report it to report@socprime.com immediately. We reserve the right to edit, move or delete comments which fall, on our discretion, within the following categories: offensive or inappropriate language, failure to respect fellow commenters, links returning errors, irrelevant links, invalid email addresses, use of signatures longer than two lines or comments not contributing to the conversation.

Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Site as set forth in Section “Termination”.

You agree not to download, archive, distribute, modify, publish, license, create derivative works from, or use any paid Content or information contained on or obtained from or through the Service under granted paid subscription access prior to payment. Violation of this provision may result in the termination of your subscription and indemnification of the SOC Prime for the losses caused by this.

You acknowledge that the Site and the Service is and shall remain the sole and exclusive property of SOC Prime. SOC Prime reserves all rights to the Site and the Service not expressly granted herein, and SOC Prime grants, and you receive, no rights in the Service by implication or otherwise, except those rights expressly granted herein.

Unless you have a prior written permission from us or as expressly permitted herein, you agree not to: (i) reverse engineer, decompile, decrypt, disassemble or otherwise reduce Service or any portion thereof, in either case, that has not been licensed in source code form by SOC Prime, to human-readable form except and only to the extent any such restriction is prohibited by applicable law; (ii) deploy the Service on more computers than the number of allocated to you (unless otherwise indicated in the Agreement, you are allowed to deploy Service on one (1) workseat/computer for each Account you have); (iii) prepare any derivative works from, modify, copy or use the Service, Site in any manner; (iv) use any means of collecting data from the Site, not directly supported by the Service, including any robot, spider, crawlers, deep-link, automated content scraping script, grabbers or other automatic device, program, techniques, algorithm or methodology to retrieve, index, scrape, data mine or in any way gather, copy or monitor any portion of the Site, Content or Service; (v) decipher, decompile, decompose, debug, disassemble, reverse engineer, simulate or derive source code, data models, ideas or algorithms from the Site, Content or Service or use any of the foregoing to create any derivative works, site, software, service or content similar to the Site, Service; (vi) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer Service in whole or in part to any third party; (vii) embed the Site and/or the Service to another web sites and systems (including via i-frame), use Service for providing time-sharing services, any SaaS offering, service bureau services or as part of an application services provider or as a service offering unless you provide services related to management of a third party’s SIEM, EDR, NSM, NTA, NTDR or similar systems; (viii) alter or remove any marks and notices from the Site and/or the Service; (ix) make available to any third party any analysis of the results of operation of Service, including benchmarking results; or (x) to interfere or attempt to interfere with the proper operation of the Service or any activities conducted through the Service. SOC Prime reserves the right to bar any such activity and suspend your access to the Service in case of violation of the Terms, or information about your engagement in illegal or fraudulent use of the Service.

Use on behalf of organization

You represent and warrant to us that you have the full right, power and authority to access and use the Service and, to the extent necessary, that you have obtained all necessary corporate or other authorizations or consents to access and use the Service. Thus, if you are an individual (e.g., employee or consultant) acting on behalf of an organization, you represent and warrant that you have obtained all necessary authorizations or consents (i.e you must be an authorized representative) to accept these Terms on behalf of such organization so that, in addition to yourself, such organization is bound by the Terms.

Use on behalf of individual

You may use the Services only if you are not a person barred from receiving services under the laws or sanctions of the applicable jurisdiction. In any case, you must be at least 18 years old to subscribe to the Service. An individual user account can only be a member of one (1) organization. Individuals can have no more than one Service account, even if an individual has multiple email addresses.

Account

Registration. In order to use the Service, you must have a valid Account. To acquire an Account for the Service, you must provide SOC Prime with an electronic mail address and other information ("Registration Data"), requested during registration of the Account. You agree to provide true, accurate, and complete information on your Account profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree that all information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for maintaining the confidentiality of the access data for your Account, and are fully responsible for all activities that occur under your Account. Except as expressly provided herein, you may not transfer, sold, combine and otherwise share your account with any other person and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account, or where you have acted negligently in safeguarding your account as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the SOC Prime Platform via your account, (ii) controlling the person’s access to and use of the Service, and (iii) the consequences of any use or misuse by such person(s). You agree to immediately notify SOC Prime of any unauthorized use of your Account. Manager Account. Accounts with the same company domain (“Team Member”) can be managed by one or two Manager Accounts, which can be assigned in settings without re-registering. Manager Accounts have access to the management pages, where they can supervise the Team Members accounts at its sole discretion and have the right: to add, edit, remove, send direct invitations to a Team Members emails, see the statistical information of the Team Members and other actions that will be added to the Manager Accounts by the SOC Prime.

Age. By using the Service (and registering an Account on the Service), you represent and warrant that you are at least 18 years of age, and no one under the age of 18 may use the Service.

Account Information. You must provide true, accurate, current, and complete information about yourself (organization and/or individual, as the case may be), as prompted by the Service's registration form, and maintain and promptly update the Registration Data to keep it true, accurate, current and complete (“Account Information”). You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Service. You agree to accept responsibility for all activities that occur under your Account. You may be held liable for losses incurred by SOC Prime or any other user of or visitor to the Site due to someone else using your Account Information as a result of your failing to keep it secure and confidential.

Login and Passwords. Your login may only be used by yourself. Sharing a login with other people is not permitted. An organization may create separate logins for as many individual users as it wishes. You are entirely responsible for maintaining the security of your account login and passwords.

User Responsibilities. User will promptly report any errors in the operation of the Service to SOC Prime and will not take any actions that would increase the severity of the error. User will use the Service solely as described herein. In the event the User violates any of the requirements of these Terms, SOC Prime will have no responsibility to provide Service.

You are solely responsible for ensuring your use of the Service is compliant with all laws, rules and regulations applicable to you and the right to access the Service is revoked where the use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

You agree not to create an Account and/or use the Service if your account has previously been deactivated, deleted and/or banned by us for further access to the Service.

Legal bases for processing (for EEA users):

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal basis for doing so under applicable EU laws. The legal basis depends on the Service you use and how you use them. This means we collect and use your information only where:

• We need it to provide you the Service, including to operate the Service, provide customer support and personalized features and to protect the safety and security of the Service;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
• You give us consent to do so for a specific purpose – automatic mail notifications sent by the Service to the User who uses the Service;
• We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use. However, we will make every effort to provide you with the erasure of your personal data if suitable.

Services & Support

SOC Prime will do its best to ensure a fair, secure, reliable ongoing support according to your pricing plan however make no representation or warranty as to the response or resolve times related to these requests. In our paid Service, support can be conducted via email, remote session, as well as through connection directly to Research and development (R&D).

Expected response time: Same Business Day (depends on subscription plan)
Expected resolve time: From 5 Business Days to 24 Hours (depends on subscription plan)
Support contacts:
Web: https://tdm.socprime.com (Support Button)
E-mail: support@socprime.com
Phone: +1 888 484 7555
Monday-Friday (excluding standard holidays): 9:00 AM to 5 PM GMT

Service Level Agreement

SOC Prime guarantees Availability at the levels as indicated in the applicable subscription plan. Please review it carefully. “Availability” means the percentage of time, the Service is available to User calculated in the following manner:

Availability in the calendar month = [total monthly minutes – minutes of unavailability/total monthly minutes] * 100%

Availability will not include minutes of unavailability resulting from: events of force majeure (except to the extent avoidable by SOC Prime’s commercially reasonable efforts), or User's failure to use the Service. Our Support will make a best effort to resolve any issues to your satisfaction as quickly as possible and achieve the maximum level of Availability.

You may have other terms of support in a written Agreement with SOC Prime.

Extended Content Service Level Agreement

If you are a Paid User, you may be entitled to special terms described in this section of the Terms.

We will provide the Content for detection of suspicious activity related to the most dangerous, selected by SOC Prime Exploitable Critical Vulnerabilities, within the following period (“Content SLA Period”):

• (a) a 24-hours for an Enterprise subscription plan;
• (b) 36-hours for Professional subscription plan.

A written Agreement between you and SOC Prime may provide other terms and Content SLA Period. If you are on Free or Community subscription plan - we will do our best to deliver the Content that addresses such selected Exploitable Critical Vulnerabilities within 72-hours.

For the purposes of the Terms, Exploitable Critical Vulnerability means critical weakness in an information system that can be exploited or triggered by a threat source and information about such exploits and/or triggers is publicly available and assessed as described below (all three criteria below should be met):

(i) information about the Exploitable Critical Vulnerability becomes publicly available, identified and categorized with Common Vulnerabilities and Exposures (CVE®) methodology, its CVE record published by respective CVE Numbering Authorities according to the MITRE Corporation rules and practices;

(ii) criticality level of the Exploitable Critical Vulnerability is assessed and received the following scores on at least one of the following sources indicated below:

• (a) Microsoft Security Update: Publicly Disclosed=yes, Exploited=yes, CVSS:3 >= 9, according to methodology published at https://msrc.microsoft.com/update-guide/vulnerability;
• (b) VulnDB: Exploitability must exists and *CTI Interest Score” >= 9 and CVSS:3 >= 9 as published at https://vuldb.com/?cti.

(iii) results of exploitation of respective Exploitable Critical Vulnerability must be traceable (i.e. present in log files: event logs, security logs, audit trails, audit logs and similar records).

SOC Prime will be proactively monitoring and developing Content that addresses certain Exploitable Critical Vulnerabilities, which, in our opinion, constitute the biggest threat. For this purpose we monitor the sources mentioned in the Exploitable Critical Vulnerability definition and focus on the widely used software (e.g. most common Linux platforms, Microsoft Windows, software with proven base of users of at least 1 million). We will do our best to address vulnerabilities in legacy and niche software as well, however such software will not be covered by this section of the Terms. SOC Prime will determine at its sole discretion on what software we focus our efforts on and what Exploitable Critical Vulnerabilities will be selected for the Content SLA Period.

Content SLA Period for Exploitable Critical Vulnerability selected by SOC Prime will be calculated from the moment of publication of the information about such Exploitable Critical Vulnerability on the websites indicated above.

The content will be considered as provided to you from the moment it is published at the Platform.

Payment Terms

Fees. Pricing terms are specified in the applicable Price Quote or, in its absence, in the relevant Agreement. Payment terms specified in the Price Quote shall take precedence over these Terms. The fees for your subscription depend on the selected plan and shall be paid on such dates and by such method as is stipulated in applicable Price Quote or invoice, or (where no particular dates or payment method is stipulated) within thirty (30) days. Payment will fall due at 30 days unless it was expressly agreed otherwise in writing in applicable Price Quote or invoice.

In addition to any other rights or remedies of SOC Prime, if the you fail to make any payments within 30 days of the due date or otherwise in accordance with these Terms or applicable Agreement: (i) interest will accrue on such due amounts at an annual rate equal to 3%; and (ii) SOC Prime may immediately suspend the provision of Service.

SOC Prime will not change the fees for you during an existing subscription term. However, SOC Prime reserves the right to change the fees for a particular subscription starting from a new billing cycle.

SOC Prime’s annual subscription provides year-to-year access and will not automatically renew every year. In this case, fees can be charged at the time specified in the relevant order.

Downgrade for Non-Payment. If any fees owed to us by the Customer (excluding amounts disputed reasonably and in good faith) are overdue by fourteen (14) calendar days or more, we may, without limiting our other rights and remedies, at our sole discretion cancel the unpaid subscription with immediate effect and downgrade said User to a freemium subscription until those amounts are paid in full.

Expenses. Except as expressly set in applicable Agreement, each party will bear all of its own costs and expenses in connection with or arising under the subscription.

Taxes. Applicable taxes (e.g. VAT, sales tax) may be charged on the top of the fees. If the applicable taxes were not charged to you at the time of the payment SOC Prime reserves the right to collect the taxes from you at any time, should such taxes be assessed after a payment for subscription has been processed.

Right of Audit

User shall establish and maintain a reasonable system that enables SOC Prime to identify User’s use of the Content provided as a part of the Service and amount of IP addresses (endpoints) monitored with the use of the Service. The User shall, at all times during the term of these Terms and for a period of one (1) year after the completion of the subscription, maintain such records. The User shall at any time requested by SOC Prime, whether at the time of the subscription or within one (1) year after the end of the subscription, and at User’s own expense make such records available for inspection and audit by SOC Prime or an independent third party reasonable acceptable for the User and SOC Prime.

Cancellation and refunds

You understand that charges for the Service must be paid in advance and a refund will not be given if you cancel your subscription or delete your account prior to the end of your Term. You can cancel your paid subscription at any time, and you will continue to have access to the Service through the end of your billing period. Once you cancel, you will not be charged again, and your benefits will continue until the end of the billing cycle. To cancel your subscription or to delete your account contact us at support@socprime.com.

Except when required by law or otherwise agreed between SOC Prime and you in writing, SOC Prime shall be under no obligation to issue refunds or credits under any circumstances. All fees or charges related to the subscription plan are non-refundable and all unpaid fees are due and payable as agreed in writing in the applicable Price Quote or, in its absence, in the relevant Agreement. You understand that charges for the Service must be paid in advance and a refund will not be given if you cancel your subscription or delete your account prior to the end of your Term. Partial refunds for switching from Paid to Freemium subscription are also not available.

Choosing a subscription

We offer different types of subscriptions. Please visit our pricing page for more details or contact our Sales and our representative will reach out to you to discuss the details of a subscription plan that is right for you or the organization you represent.

You can always upgrade your subscription plan at any time (from Freemium to Paid). Upgrade changes are effective within 24 hours during the business week for the Professional subscription and for the Enterprise subscription, access is granted on a case-by-case basis. If you want to downgrade your subscription plan (from a Paid to a Freemium subscription), the change will be scheduled at the end of your current billing cycle.

Termination

SOC Prime’s Rights of Termination. You agree that we may suspend or deactivate your account or terminate your subscription if we believe that you have violated these Terms, infringed the intellectual property rights, engaged in fraudulent or illegal activities with the use of Service, if it is required by applicable law, regulation, court or governing agency order. Our termination of any User’s access to the Site hereunder may be affected without notice and, on such termination, we may immediately deactivate or delete User’s account and/or bar any further access, and your right to use the Service will immediately cease.

Paid User’s Rights of Termination. Unless otherwise set in a written agreement between you and SOC Prime, either the business that purchased the Service or SOC Prime may terminate the subscription plan or any sales order prior to its expiration if the other party breaches and fails to cure said breach within thirty (30) days after receipt of written notice thereof.

Termination for convenience. You may terminate your Account by e-mailing support@socprime.com or by withdrawing your consent for processing your personal data via your user account.

When your Paid subscription to the Service ends, you will lose access to any functionality or Content of that Service that requires a Paid Subscription.

Intellectual Property

Except as expressly set forth herein, SOC Prime is and shall remain the owner of all intellectual property that it owns or controls. SOC Prime and its respective owners are the sole owners of all intellectual property rights pertaining to the Service, Content and all Site materials (documents, videos, screenshots, etc.) including but not limited to copyright, trademark and patent rights and all rights not expressly granted herein are reserved. User is prohibited from creating any Adaptation that in any manner infringes the patents, trademarks, copyrights, trade secret rights or other rights of SOC Prime or any third party.

Trade marks

SOC Prime or other third party names and logos and all related product and service names, design marks, trademarks and slogans that are displayed on or through the Service or used in connection with the Service, are our sole property or the property of our affiliates or licensors (collectively, “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without our prior written consent.

Copyright notice

All rights reserved. The Service, Site and any downloadable Content contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of SOC Prime and licensors of SOC Prime that are protected by copyright laws as well as other intellectual property laws and treaties (collectively, “Proprietary Materials”), including without limitation source code, text, software, graphics, images. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials without the prior written permission of the SOC Prime, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.

License to use the Service and Content

Unless otherwise agreed between SOC Prime and you in writing, and subject to provisions set forth in “Third Party Content” and “Third Party Services” Sections herein, SOC Prime grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your internal use only, provided that you comply fully with these Terms.

Third Party Content

Third Party Content is the Content that was provided by our partners, staff, contractors, and third party developers, validated and reviewed by SOC Prime. For all Third Party Content we are conducting a best effort review, but we do not provide any warranties, more detail in “Limited Warranties and Disclaimers”; “Limitations and exclusions of liability” Sections.
All rights for Third Party Content and all other copyrights and trademarks belong to their respective owners. You acknowledge that the Third Party Content licensing terms may include certain limitations, including obligation to disclose source code of your products and services, identify the author of the Third Party Content, etc. Please contact the appropriate third party for further information regarding their terms of use applicable to Third Party Content.

Without limiting the foregoing certain Content may be sublicensed to you under the terms of the Detection Rule License 1.0 below, as well as other licenses (e.g. Apache License 2.0) accompanying the related Content. In each case of using the Content, please carefully read the terms of the license attached to the Content so that the use of the Content complies with the license requirements. Unless otherwise stated, Content will be licensed under the Detection Rule License 1.0 license by default

*** Detection Rule License (DRL) 1.0 ***

Permission is hereby granted, free of charge, to any person obtaining a copy of this rule set and associated documentation files (the "Rules"), to deal in the Rules without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Rules, and to permit persons to whom the Rules are furnished to do so, subject to the following conditions:

If you share the Rules (including in modified form), you must retain the following if it is supplied within the Rules:

• 1. identification of the authors(s) ("author" field) of the Rule and any others designated to receive attribution, in any reasonable manner requested by the Rule author (including by pseudonym if designated).
• 2. a URI or hyperlink to the Rule set or explicit Rule to the extent reasonably practicable; a URI or hyperlink to SOC Prime Platform.
• 3.indicate the Rules are licensed under this Detection Rule License, and include the text of, or the URI or hyperlink to, this Detection Rule License to the extent reasonably practicable

THE RULES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE RULES OR THE USE OR OTHER DEALINGS IN THE RULES.

*** end of Detection Rule License (DRL) 1.0 ***

You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these Terms and will constitute a copyright violation. You shall not interfere, or attempt to interfere with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses, archive bombs or time bombs, or any other means expressly prohibited by any provision of these Terms or by law.

SOC Prime does not guarantee the stable and correct operation of the Service in case of exceeding indicated in applicable Agreement number of end users/computers connected to the Service, incompatibility with hardware requirements and settings; violation of the operating conditions of virtual machines and hypervisors and other requirements set in the documentation to the Service, which may be published at the Site or otherwise provided to you.

Third Party Services

Your use of Site and Service may involve usage of a service, feature, software or functionality that is operated by a third party (“Third party services”). Please refer to request@socprime.com for a full list of Third party services we use and which are made available to you through our Service (including Service we jointly offer with third parties).

If you use Third party services, each party's end-user or other license agreement will govern the respective party's relationship with you. SOC Prime is not responsible or liable for those third party's agreements or actions taken under their terms. Please contact the appropriate third party for further information regarding their terms of use applicable to Third Party Services.

Claims of copyright infringement

SOC Prime respects the intellectual property rights of others and asks that the people who use the Site do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send SOC Prime a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send SOC Prime a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See DMCA Designated Agent Directory for details. Notices and counter-notices should be sent to:

Copyright Agent
SOC Prime, Inc.
399 Boylston Street, 6th Floor
Boston, MA 02116
Phone: 302-451-9370
Email: dmca@socprime.com

Choice of law

These Terms and all matters relating to your access or use of the Service, including all disputes, claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms shall be governed by and construed under the laws of the United States and of Delaware, without regard to the principles thereof relating to conflicts of laws. Any action which is based, directly or indirectly, arising out of these Terms shall be brought only in the courts of the State of Delaware.

Dispute Resolution

Should any dispute arise with regard to these Terms, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms.

Limited Warranties and Disclaimers

SOC PRIME PROVIDES THE SERVICE USING A COMMERCIALLY REASONABLE LEVEL OF CARE AND PROMISE TO DO OUR BEST TO MAKE SURE YOU ENJOY THE SERVICE. BUT THERE ARE CERTAIN THINGS THAT WE DO NOT PROMISE ABOUT OUR SERVICE.

WARNING! CERTAIN MODULES OF SOC PRIME PLATFORM MAY HAVE ACCESS TO CERTAIN SYSTEMS OF YOUR ORGANIZATION (E.G. -SIEM), INCLUDING MANAGING, ADDING, REMOVING RULES THEREFROM. YOU DO IT AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR LOGIN AND PASSWORD SAFETY.

TO THE MAXIMUM EXTENT POSSIBLE UNDER THE APPLICABLE LAW, SOC PRIME SHALL HAVE NO LIABILITY FOR ANY FAILURES, DISRUPTIONS, DAMAGES, LOSS OF DATA RELATED TO YOUR USE OF THE CONTENT FROM SOC PRIME PLATFORM IN YOUR AND/OR ANY THIRD PARTY SIEM, EDR, NSM, NTA, NTDR OR SIMILAR SYSTEMS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

SOC PRIME MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) ANY USER ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF THE CONTENT OR SERVICE WILL MEET YOUR EXPECTATIONS.

Warranty Disclaimer: SOC Prime does not store or access the user’s Indicators of compromise (IoCs) data, only the user running in each particular session has access to such data. Ownership of any user’s IoCs shall be exclusively owned by the user and only the user shall be liable for any consequences of IoC data leakage.

Limitations and exclusions of liability

To the extent not prohibited by law, in no event shall SOC Prime or its affiliates, suppliers or resellers be liable for personal injury or any special, incidental, indirect, exemplary or consequential damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, loss of data, computer failure arising out of or related to the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if SOC Prime, its affiliates, suppliers or resellers have been advised of the possibility of such damages. In any case, SOC Prime's, its affiliates', suppliers' and resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to these Terms shall not exceed an amount equal to the amount actually paid by you for one (1) month of Service.

Indemnity

Unless otherwise provided in a written agreement between you and SOC Prime, you agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless SOC Prime, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to your breach of these Terms.

Force Majeure

SOC Prime shall be exempted from liability for failure to comply with its obligations under these Terms, where such failure is caused by occurrence of act of God, or other circumstances beyond the reasonable control of the affected Party, including, without limitation natural disasters; civil commotion, war (declared and undeclared), revolution, strikes, work stoppages, accidents, acts of terrorism, nuclear or natural catastrophes; embargo; in case User or User`s company are subject to any U.S. sanctions (the “Sanction”) administered by OFAC or subject to any equivalent sanctions administered or enforced by the United Nations Security Council or other relevant sanctions authority (hereinafter referred to as “Force Majeure”).

Occurrence of a Force Majeure shall extend the due terms of the Company's obligations under these Terms for the period of duration of the Force Majeure plus an additional period required to eliminate its consequences. If any Force Majeure event occurs, the Company shall not be responsible for any indemnity for the fees paid by the User and only agrees to extend the period of use of the Service for thirty (30) days.

No agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and SOC Prime is intended or created by these Terms.

No third party beneficiaries

The provisions of these Terms are for the sole benefit of the parties and their successors and permitted assignments, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights).

Waiver and Severability

Failure by either party to exercise any of its rights under, or to enforce any provision of these Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms will remain in full force and effect.

Commitment to GDPR

The General Data Protection Regulation (GDPR) is a comprehensive update to the existing European Union's Data Protection Directive and goes into effect on May 25, 2018. GDPR was designed to strengthen and unify data protection for individuals within the European Union, whilst addressing the export of personal data outside the EU. The GDPR applies to information that directly or indirectly could identify an individual. We embrace the GDPR as an opportunity to demonstrate and deepen our commitment to protecting your data. To read more about the personal information that SOC Prime captures, please visit our Privacy Policy.

Export Control and OFAC Compliance

You acknowledge that the Service and technologies related thereto may be subject to the Export Administration Regulations (“EAR”) (15 C.F.R. Parts 730-774 (2010)) and the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Assets Control ("OFAC"). OFAC prohibits U.S. companies from engaging in transactions with individuals and entities who live in countries that are subject to certain sanctions. SOC Prime cannot do business with designated persons and entities included in the Specially Designated Nationals and Blocked Persons List (the “SDN List”) regardless of location. Entities that are owned by persons and entities included in the SDN List (defined as a direct or indirect ownership interest of 50% or more (the “50% Rule”)) are also blocked, regardless of whether that entity is separately named on the SDN List. If you or your company are under the sanctions according to the Sanctions List Search application http://sanctionssearch.ofac.treas.gov/ or due to the 50% Rule, SOC Prime cannot conduct business with you. SOC Prime is legally required to cancel your registration and we cannot refund your payment.

You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any SOC Prime goods, Service or technology or disclose any Service or technology to any person contrary to such laws or regulations.

Entire agreement

These Terms, inclusive of the incorporated webpages, any terms incorporate these Terms by reference, Price Quote, as applicable, and all other documents executed by the parties, constitutes the entire agreement between the parties concerning its subject matter and supersedes all contemporaneous or prior representations, discussions, proposals, and agreements, in any format, relating to its subject matter. The relevant terms of the price quotation take precedence over these Terms with respect to their subject matter.

You represent that you accepted these Terms without reliance on any oral or written representations made by SOC Prime that are not contained in these Terms.

Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions” or “Special Offers”) through the Service. Special Promotions or Special Offers may be governed by Terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s Terms and conditions conflict with these Terms, those separate Terms and conditions shall prevail.

Modification

SOC Prime reserves the right to change or modify these Terms, our Privacy Policy, or any terms they incorporate by reference in its sole discretion and at any time. Such modifications shall take effect and be binding on Users on the date set forth on the first page of these Terms. We will take reasonable steps to notify you of any changes or modifications, but you agree to review the SOC Prime Platform periodically to be aware of any changes or modifications. Notwithstanding anything to the contrary, your continued use of the Service after the Effective date of any modified Terms will be deemed your conclusive acceptance of all such changed or modified terms and conditions.. If you have any questions regarding the update, reach out to our Support Team at support@socprime.com

Report abuse

If you feel a SOC Prime need to know that something goes wrong or someone violate these Terms, please report to abuse@socprime.com

Marketing notifications

As part of the registration process, you are also given the opportunity to receive relevant information about the Service, including information about other products and services that may be of interest to you. In this case, SOC Prime may contact you at the email address provided during registration. You can opt-in to receive marketing communications by selecting the Notification Interval in your personal account, or withdraw your consent at any time by selecting the Unsubscribe option there. Withdrawing consent will not affect our ability to contact you regarding non-marketing support for the Service.

Feedback and Information

SOC Prime welcomes and encourage you to provide suggestions, comments or other feedback about Site, Service, Content (e.g., regarding their utility, feasibility) and your experience with Service, as well as any bug-fixes, features, functionality or enhancements you would like to see in future versions, as well SOC Prime may collect certain metrics about your use of the Service (collectively "Feedback"). You acknowledge and agree that all Feedback provided or collected during your use of the Service, Site or otherwise (i) will be given entirely voluntarily and be non-confidential for SOC Prime, You represent and warrant that you will not provide any Feedback that you know or have reason to believe might infringe any third party intellectual property rights or misappropriate any third party confidential information or trade secrets. You grant to SOC Prime a non-exclusive, transferable, royalty-free right and license to use the Feedback and SOC Prime shall be free to use such Feedback on an unrestricted basis.