Before we delve into the legal terminology below, we'd first like to thank you for considering our service. The following 'Terms of Service' were written by Lawyers, but don't set out anything that we think would come as a surprise to a reasonable person.
The API is here for your own use and convenience, and we ask that you don't do anything to disrupt the service, the use of the service, or other services. You're also not permitted to use scan results as part of another product offering or service, scans are intended to monitor your own sites.
If you'd like to use our service as part of another product or service you offer, sometimes known as "white-labelling", please contact us as we have a specific product to allow use of our scanning engine in this way: [email protected]
Founder of Security Headers
Terms of ServiceThis Agreement was last modified on 16th May, 2023
These Terms of Service governs the use of the Security Headers Service (The “Service”, “we“ or “us“) operated by Probely S.A. (or “Security Headers”). This Agreement sets forth the legally binding terms and conditions for your use of securityheaders.com (the Service). “You”, “the Customer“, or similar terms means you, the person accessing securityheaders.com, the business or entity on whose behalf you access securityheaders.com, as well as any person on whose behalf you are using securityheaders.com or who may have rights through you. By creating an account, by logging into the Service, and/or by accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you acknowledge that you have reviewed and accept the terms of service, agree to become bound by its terms, and certify that you are an authorized representative of the entity purchasing the service, and that you have the right and authority to enter into this agreement on the entity’s behalf.
1. Account Terms
- You must be at least 13 years or older to use Security Headers.
- You may have more than one account at a time.
2. Grant of License and Restrictions on Use
Subject to the terms of this Agreement and proper payment to Security Headers, Security Headers grants you a non-exclusive, non-transferable, limited right to use the Service solely for your own internal business purposes for the term of this Agreement. You may not distribute the Service as a stand-alone or primary element to any third party. In addition, you will not (and you will not allow any thirty party to): copy, distribute, rent, lease, transfer or sublicense all or any portion of the Service to any third party; modify or prepare derivative works of the Service; use the Service in any commercial context or for any commercial purpose or in any commercial product including reselling the Service; use the Service in any manner that threatens the integrity, performance or availability of the Service; or reverse engineer, decompile, or disassemble the Service.
3. Grant of License to Security Headers
You grant Security Headers a worldwide right to use, store, and reproduce the data gathered by Security Headers of your website (the “Data”) as necessary for Security Headers to (i) create reports or statistics of the Data for you; (ii) provide Service to you; and (iii) create reports or statistics using the Data in the aggregate, provided that no such report identifies you or your visitors by name or other distinguishing mark.
You acknowledge that the Service is the exclusive property of Security Headers. Security Headers retains all rights, title and interest in and to copyrights, trade secrets, trademarks and other intellectual property rights in the Service and you shall not acquire any right, title, or interest in the Service, except the right to use it in accordance with this Agreement. Any rights to the Service granted are licensed and not sold.
5. Term and Termination
Either party may terminate this Agreement at any time with notice. Upon termination Security Headers will stop providing and you will stop accessing the Service. In the event of any termination you will not be entitled to any refunds or any other fees. This Agreement will automatically terminate if you do not comply with any terms or conditions of this Agreement, including paying for the Service. All terms of this Agreement which by this nature are intended to survive termination of this Agreement shall survive.
6. Warranty Disclaimers
To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, the service is being provided “as is” and “as available” without warranty of any kind. Security Headers does not warrant that the service will meet customer’s requirements. Security Headers hereby disclaims all warranties, express, implied, or statutory, including, without limitation, all implied warranties of merchantability and fitness for a particular purpose, and any warranties as to non-infringement.
7. Limitation of Liability
Save as provided in paragraph 8 below, the liability of either Security Headers or the Customer under, for breach of, or arising out of this agreement and/or related to this agreement, the agents and services, is limited to the payments actually made by the Customer for the service during the twelve (12) months prior to the date of the event giving rise to any liability.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall either party be liable to the other or any other person for any indirect, special incidental, exemplary, punitive or consequential damages of any kind, including without limitation, lost profits, losses or expenses, whether or not such party was advised of, knew of should have known of the possibility of such loss or damage.
You agree to indemnify and hold Security Headers, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service provided under this Agreement or any act or omission by you (including the entity on whose behalf you are entering into this Agreement). This indemnity obligation will survive the expiration or termination of this Agreement by either party for any reason. The limitations of liability at paragraph 7 above shall not apply to the indemnity in this paragraph 8.
Security Headers acknowledges that you may disclose non-public, confidential information to Security Headers under this Agreement and you acknowledge that the Service provided to you, is confidential and proprietary to Security Headers. Each party agrees to take all reasonably necessary action, including appropriate instructions and agreements with employees and agents, to protect such confidential and proprietary information of the other party from unauthorized disclosure. In the event of any breach of this section, each party acknowledges that the non-breaching party would suffer irreparable harm and shall therefore be entitled to seek injunctive relief without the necessity of posting bond. You also acknowledge that infringement or unauthorized copying of the intellectual property of Security Headers would cause irreparable harm to Security Headers.
You are permitted to state publicly that you are a Subscriber of Security Headers. You agree that Security Headers may include your name and trademarks in a list of Security Headers Customers, online or in promotional materials. You also agree that Security Headers may verbally reference you as a customer of the Service. You may opt out of the provisions in this Section by e-mailing a request to [email protected].
11. Governing Law and Venue
The Site is controlled and operated within England and Wales, and is not intended to subject Security Headers to any the law or jurisdiction outside of England and Wales. The Site does not constitute any contract with any jurisdiction outside England and Wales. Use of this Site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Site illegal. This Agreement is entered into and performed in England and Wales. It is governed by and shall be construed under the laws of England and Wales, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Site or Service, each party irrevocably submits to the personal jurisdiction of Her Majesty's Courts of Justice of England and Wales. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against Security Headers in your individual capacity only, and you will not participate in any collective or so-called “class” action against us.
12. General Provisions
13. Changes To This Agreement
Security Headers reserves the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.