Bitsight Pulse Portal Terms of Use
LAST UPDATED: April 4, 2025
These Bitsight Pulse Portal Terms of Use (“Terms of Use”) are made between you, as an individual company, corporation, or other entity (“Customer”) and BitSight Technologies, Inc. (“Bitsight”) on the date of acceptance (the “Effective Date”). You accept this agreement by using the Bitsight Pulse services or otherwise acknowledging your acceptance (e.g., by clicking the “Accept” button). If you are accepting this agreement on behalf of a customer entity as described above, you and such entity represent and warrant that you have the authority to bind such entity to this agreement and the terms “You" or “Your” and “Customer” will refer to such entity. Acceptance of this agreement is a condition of your access to the Bitsight Pulse Services (defined below). If you do not agree to be bound by the terms and conditions of this agreement, you may not access or use the Bitsight Pulse Services.
The data, information, and materials, as well as the proprietary analyses and curation of the foregoing, within the Bitsight Pulse portal (the “Bitsight Pulse Services”) are made available to you by Bitsight under these Terms of Use. Bitsight provides these Bitsight Pulse Services as a free resource and the Bitsight Pulse Services do not form part of your Bitsight subscription unless purchased separately through an order or other subscription agreement agreed to by and between Bitsight and Customer. Bitsight reserves the right to change these Terms of Use from time to time.
1. License. Bitsight provides you a revocable, non-exclusive, non-transferable license to use the Bitsight Pulse Services, conditioned on Your compliance with these Terms of Use.
2. Permitted Uses. The Bitsight Pulse Services are available only for research, reporting, and internal business use within your organization. For such use, you may:
(i) view and refer to the Bitsight Pulse Services and related findings solely for Customer’s internal use;
(ii) download and print Bitsight Pulse Services reports or summarise for which an ‘export’ or ‘share’ link is provided (“Downloadable Materials”) for internal use or sharing to a third party for their internal use using the sharing capabilities provided within the Bitsight Pulse Services. Downloadable Materials and related findings must always be attributed to Bitsight.
3. Prohibited Uses. Except as expressly permitted under these Terms of Use, you may not, nor may you facilitate a third party to:
(i) alter or remove any copyright or similar notices;
(ii) modify, create derivatives of, copy, distribute, repackage, reproduce, publish, license, transfer, or sell access to the Site or Materials;
(iii) share the Bitsight Pulse Services or store them for subsequent use, or “scrape” or data mine the Bitsight Pulse Services;
(iv) share the Downloadable Materials on any social media platform;
(v) incorporate the Bitsight Pulse Services as a component of any product or service;
(vi) access the Bitsight Pulse Services to monitor availability, performance, functionality, or for benchmarking;
(vii) access or use the Bitsight Pulse Services for competitive purposes;
(viii) access or use the Bitsight Pulse Services for illegal, fraudulent, or malicious purposes;
(ix) disrupt, impair, or interfere with the Site; or
(x) access or use the Bitsight Pulse Services in any manner Bitsight deems excessive or abusive.
4. Intellectual Property Rights. The Bitsight Pulse Services are protected by law, including U.S. copyright, trade secret, and trademark law. “Bitsight” and all other names, logos, and icons identifying Bitsight and its products and services are proprietary marks of Bitsight or its licensors.
5. Indemnification. You agree to indemnify, defend, and hold harmless Bitsight, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use of the Bitsight Pulse Services in violation of these Terms of Use or any applicable law.
6. Assumption of Risk. You use the Bitsight Pulse Services at your own risk. Bitsight and its licensors are not responsible for the accuracy of the Bitsight Pulse Services, including any reports generated using embedded AI functionality, or for any reliance on them.
7. Disclaimer. The Bitsight Pulse Services are provided on an “AS IS” and “AS AVAILABLE” basis without representation or warranty of any kind. BITSIGHT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THEIR ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
BITSIGHT MAY TERMINATE ACCESS TO ANY OR ALL OF THE BITSIGHT PULSE SERVICES AT ANY TIME WITHOUT NOTICE. TO THE EXTENT PERMITTED BY LAW, BITSIGHT DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL LOSSES OR DAMAGES ARISING FROM OR IN CONNECTION WITH THE ACCESS TO OR USE OF THIS SITE AND ITS MATERIALS, EVEN IF BITSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
8. Governing Law. These Terms of Use and any related claims or causes of action will be governed by, construed and enforced in accordance with the laws of the State of Delaware, (excluding its conflicts of laws principles). The United Nations Convention on Contracts for the International Sale of Goods does not apply to transactions under this Agreement. Any disputes arising from or relating to this Agreement will be resolved exclusively in the state or federal courts sitting in the State of Delaware.
Notwithstanding anything to the contrary herein, the parties agree that all use of the Bitsight Pulse Services and processing of any personal data hereunder shall be governed by Bitsight’s Privacy Policy, as it may be updated from time to time, located at https://cybersixgill.com/privacy-policy.
To contact Bitsight regarding Bitsight Pulse Services and these Terms of Use, please email [email protected].