Terms of Use

1. Acceptance of Terms

Welcome to Defenty. These Terms of Use ("Terms") govern your use of the Defenty digital identity protection platform and related services (collectively, the "Service") operated by Defenty Inc. ("Defenty," "we," "our," or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.

2. Description of Service

Defenty provides a comprehensive digital identity protection platform that includes:

• Security assessment and monitoring tools
• Breach detection and alert services
• Password security analysis
• Emergency response and account recovery assistance
• Educational resources and security guidance
• Digital security tools and utilities

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 16 years old to use our Service. If you are between 16 and 18 years old, you may only use the Service with the consent of a parent or legal guardian.

3.2 Account Registration

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your account credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only to:

• Protect and monitor your own digital accounts and identity
• Access educational security resources
• Receive emergency assistance for compromised accounts
• Utilize security tools for legitimate protection purposes

4.2 Prohibited Activities

You agree NOT to use the Service to:

• Monitor or access accounts that do not belong to you without authorization
• Engage in any illegal activities or violate any laws
• Harass, abuse, or harm other users
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our software
• Use the Service for commercial purposes without our written consent
• Impersonate any person or entity
• Interfere with the proper functioning of the Service

5. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• We do not collect or store your social media passwords
• We use industry-standard encryption to protect your data
• We do not sell your personal information to third parties
• You have control over your data and can delete your account at any time

6. Emergency Response Service

6.1 Service Description

Our emergency response service provides assistance when your digital accounts are compromised. This includes:

• Incident documentation and tracking
• Step-by-step recovery guidance
• Notification of emergency contacts (with your consent)
• Status sharing capabilities

6.2 Limitations

Please understand that:

• We cannot guarantee successful account recovery
• Recovery depends on cooperation from third-party platforms
• Some data loss may be irreversible
• Emergency response times may vary based on circumstances

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Defenty and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Content

You retain ownership of any content you provide to us. However, by using the Service, you grant us a limited, non-exclusive license to use your content as necessary to provide the Service.

7.3 Feedback

Any feedback, comments, or suggestions you provide about the Service may be used by us without restriction or compensation to you.

8. Subscription and Payment Terms

8.1 Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing, you agree to pay all applicable fees.

8.2 Payment Processing

• Payments are processed by secure third-party payment processors
• You authorize us to charge your selected payment method
• Subscriptions automatically renew unless cancelled
• Price changes will be communicated with 30 days' notice

8.3 Refunds

Refunds are available within 30 days of purchase for annual subscriptions and within 7 days for monthly subscriptions, subject to our refund policy.

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Technical difficulties
• Third-party service disruptions
• Force majeure events

9.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of information
• Uninterrupted or error-free operation

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEFENTY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or other intangible losses
• Damages resulting from unauthorized access to accounts
• Damages from service interruptions or delays
• Damages from third-party actions or platform changes

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Defenty and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your misuse of our emergency response services

12. Termination

12.1 Termination by You

You may terminate your account at any time by following the instructions in your account settings or by contacting us.

12.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms
• Engage in prohibited activities
• Fail to pay applicable fees
• Create security risks for other users

12.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• We may delete your account data (subject to legal requirements)
• Surviving provisions of these Terms will remain in effect

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, please contact us at legal@defenty.com to seek a resolution.

13.2 Arbitration Agreement

Any disputes arising from these Terms or the Service will be resolved through binding arbitration rather than in court, except for certain types of disputes such as intellectual property claims.

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting updated Terms on our website
• Sending email notification to your registered address
• Displaying a notice in the Service

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Defenty regarding the Service.

18. Contact Information

19. Special Provisions for Different Jurisdictions

19.1 European Union Users

If you are located in the European Union, certain provisions may not apply to you as permitted by local law, and you may have additional rights under applicable consumer protection laws.

19.2 California Users

California residents have additional rights under California law, including the right to request information about our disclosure of personal information to third parties for direct marketing purposes.

20. Emergency Services Disclaimer

Important: Defenty's emergency response service is not a substitute for law enforcement or emergency services. If you believe you are in immediate physical danger or your safety is at risk, contact your local emergency services (911 in the US, 112 in the EU) immediately.

Our emergency response service is limited to digital account recovery and does not provide:

• Legal advice or representation
• Law enforcement services
• Financial fraud recovery services
• Physical security or protection
• Medical or mental health services

21. Accessibility

We strive to make our Service accessible to users with disabilities. If you encounter accessibility barriers, please contact us at accessibility@defenty.com so we can work to improve your experience.

22. International Use

The Service is controlled and operated from the United States. We make no representations that the Service is appropriate or available for use in other locations. Users who access the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

23. Third-Party Services

Our Service may integrate with or link to third-party services (such as social media platforms). We are not responsible for:

• The availability or functionality of third-party services
• Changes to third-party terms or policies
• Data practices of third-party services
• Security breaches at third-party services

24. Force Majeure

We will not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

25. Survival

The following sections will survive termination of these Terms: Intellectual Property Rights, Disclaimers and Limitations of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive.

These Terms of Use are effective as of January 1, 2025, and were last updated on January 1, 2025.
Please save or print a copy of these Terms for your records.