1. Acceptance of Terms
1.1 Consent to Terms
By accessing, registering for an account, or otherwise using the CSFaaS platform (the "Service"), you ("you", the "User" or "Customer") acknowledge that you have read, understood, and agree to be bound by these Terms of Use (the "Terms"), along with all referenced policies, including our Privacy Policy.
The Service is provided by Dark Protect Limited, a company registered under the laws of Malta, with its principal place of business at Level 5, St. Julians Business Centre, Elija Zammit Street, St. Julians, STJ3153, and registered with the Registrar of Companies (Malta) under number C108959.
For the purposes of this Agreement, "CSFaaS" refers to Dark Protect Limited operating under the CSFaaS brand, and may be used interchangeably with "we", "us", or "our" throughout these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity. If you do not agree to these Terms, you must not access or use the Service.
1.2 Binding Agreement
These Terms form a legally binding agreement between you (as an individual or representative of a legal entity) and CSFaaS (Dark Protect Limited). This Agreement becomes effective as of the date you first access or use the Service (the "Effective Date"). Continued use of the Service after any updates to these Terms constitutes your acceptance of those changes.
1.3 Scope and Precedence
These Terms govern all access to and use of the Service, including access through the web application, the CSFaaS API, the CSFaaS MCP endpoint, and any other interface we make available, and supersede any prior or contemporaneous oral or written agreements regarding the same subject matter, unless explicitly stated otherwise in a written agreement signed by both parties. In the event of conflict between these Terms and any separate signed agreement between you and CSFaaS, the signed agreement shall prevail.
2. Scope of Services
2.1 Service Description
CSFaaS is a cloud-based cybersecurity risk and compliance management platform designed to help organizations identify, assess, monitor, and mitigate cybersecurity threats. The Service may include access to software modules, dashboards, automation tools, analytics capabilities, collaboration features, programmatic interfaces (including the CSFaaS API and the CSFaaS MCP endpoint), and related documentation (collectively, the "Service"), provided to the User on a subscription or access-limited basis, depending on the chosen plan or Order.
2.2 Rights of Use
Subject to your compliance with these Terms and any applicable Plan or Order, CSFaaS grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service. This includes the right to create and manage multiple workspaces for your internal use or on behalf of third-party organizations with whom you maintain a direct business relationship (e.g., clients, subsidiaries, or affiliates), provided you remain fully responsible for their use of the Service and ensure their compliance with these Terms.
You may use the Service to deliver services to such third parties (e.g., cybersecurity assessments or compliance monitoring), but you may not sublicense, rebrand, white-label, or offer the CSFaaS platform, the CSFaaS API, or the CSFaaS MCP endpoint as a standalone product or SaaS offering under your own name without our prior written approval.
2.3 Intellectual Property
All rights, title, and interest in and to the Service, including all software, technology, architecture, user interfaces, documentation, content, and all intellectual property therein or related thereto, are and shall remain the exclusive property of CSFaaS (Dark Protect Limited) or its licensors. These Terms do not grant you any ownership rights in the Service or any component thereof.
You retain all rights to the data and content you submit, upload, or store within your workspaces ("Customer Data"), subject to CSFaaS's right to use such data solely as necessary to provide, maintain, and improve the Service, as further described in our Privacy Policy.
CSFaaS may use anonymized and aggregated data derived from Customer Data and usage patterns for analytical and benchmarking purposes, provided it does not identify any individual or organization.
You acknowledge and agree that any suggestions, feedback, or recommendations you provide relating to the Service may be used by CSFaaS without restriction or compensation, and CSFaaS will own all rights in any resulting improvements or derivative works.
2.4 Data Processing
In the course of providing the Service, CSFaaS may collect, access, store, or otherwise process personal, sensitive, or corporate data on behalf of Users and their authorized workspace participants (collectively, "Customer Data"). Such processing is governed by our Privacy Policy and, where applicable, by relevant data protection laws including the General Data Protection Regulation (GDPR) and equivalent frameworks.
To the extent applicable under law, the User (or the entity they represent) acts as the data controller, and CSFaaS acts as a data processor. You are solely responsible for ensuring that any Customer Data you provide or submit to the Service has been collected and is shared in compliance with applicable laws, including by obtaining all necessary consents and authorizations from data subjects and/or third parties.
2.5 Service Changes and Updates
CSFaaS reserves the right to modify, enhance, update, discontinue, or otherwise change any part of the Service at any time, including for purposes of improvement, performance, security, legal compliance, or user experience. Such changes may affect the appearance, features, functionality, or availability of certain components.
While CSFaaS will make reasonable efforts to provide advance notice where practicable and to minimize disruption, CSFaaS shall not be liable for any modification, suspension, or discontinuation of any part of the Service. CSFaaS does not guarantee the continued availability of any specific feature or component, unless expressly stated in a separate written agreement.
2.6 Usage Plans and Limitations
Your access to the Service, including the scope of features, number of user seats, storage capacity, activity history windows, workspace limits, API usage, rate limits, and other operational thresholds, is determined by your selected subscription plan, add-ons, or any applicable Order.
CSFaaS reserves the right to monitor usage and enforce these limits, including through automated technical controls. If your usage exceeds the thresholds permitted under your current plan or Order, CSFaaS may require you to upgrade your subscription, pay additional fees, or restrict or suspend access to certain features or seats until compliance is restored.
CSFaaS may modify plan tiers, included feature sets, or usage limits at any time, including reducing or removing entitlements in free or paid plans. Where such changes materially affect your ongoing use of the Service, CSFaaS will make reasonable efforts to provide advance notice to allow for adjustment or upgrade where necessary.
2.7 Beta and Preview Features
CSFaaS may make available features identified as beta, preview, early access, experimental, or "coming soon" (collectively, "Beta Features"). Beta Features are provided solely for evaluation, "as is" and "as available", may be modified, suspended, or discontinued at any time without notice, are excluded from any uptime target or support commitment, and may be subject to additional terms. You use Beta Features at your own risk, and CSFaaS shall have no liability arising out of or in connection with any Beta Feature.
3. Registration and Account Management
3.1 Account Registration
To access certain features of the Service, you must create an account with CSFaaS. You agree to provide accurate, current, and complete information during registration and to keep such information up to date at all times. You must be at least 18 years old (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into these Terms. You are responsible for all activity conducted through your account, including any activity by users you invite or authorize to access workspaces under your account.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials, including passwords, multi-factor authentication factors, backup codes, API keys, and any other access tokens. You agree to notify CSFaaS immediately of any unauthorized access or suspected breach of security. CSFaaS shall not be liable for any loss or damage arising from your failure to adequately safeguard your account credentials. All activities performed using your account or any associated credentials (including API keys issued for your workspaces) shall be deemed to have been performed by you, whether or not authorized by you.
3.3 Account Suspension and Termination
CSFaaS may suspend or terminate your account or access to the Service, in whole or in part, with or without notice, if (a) you breach these Terms or any applicable laws or regulations; (b) your account is used in a manner that threatens the security, stability, or integrity of the Service; (c) your usage exceeds the limits permitted under your subscription plan or Order; (d) amounts due remain unpaid as described in Section 4; or (e) CSFaaS suspects fraud, abuse, or misuse. In such cases, CSFaaS may suspend or terminate access immediately and shall not be required to provide prior notice, justification, or further explanation regarding its decision.
Upon termination, your access to the Service shall immediately cease, and CSFaaS may delete or anonymize any data associated with your account in accordance with its data retention policies.
Termination of your account shall not affect any provisions of these Terms that by their nature or context are intended to survive termination, including those relating to confidentiality, data ownership, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution. Such provisions shall remain in full force and effect notwithstanding the termination of your access to the Service.
3.4 Multiple Accounts and Abuse
You may not create, operate, or use multiple accounts or workspaces for the purpose of circumventing plan limitations, seat counting, free-tier entitlements, avoiding fees, gaining unauthorized access to features, or otherwise misusing the Service. CSFaaS supports legitimate use of multiple accounts or workspaces to manage distinct organizations or client environments; however, any unauthorized or abusive use may result in the suspension or termination of all associated accounts.
4. Subscriptions, Fees and Payment
4.1 Subscription Model
Access to the Service is offered on a per-user ("seat") basis. Each plan includes a limited number of free seats, as described on our pricing page or in your Order; each additional workspace member, and each pending (non-declined) invitation to join a workspace, constitutes a billable seat. The features, entitlements, and fees applicable to your subscription are those displayed on the pricing page or in your Order at the time of purchase. Optional add-ons (such as extended activity history or additional storage) may be offered and are billed separately from seats, as described in Section 4.4.
4.2 Billing and Automatic Renewal
Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected at checkout) and renew automatically at the end of each billing period until cancelled. By subscribing, you authorize CSFaaS and its payment processor to charge your designated payment method on a recurring basis for all subscription fees, seat adjustments, add-on fees, and applicable taxes, without further authorization for each charge. You are responsible for keeping a valid payment method on file at all times while you hold a paid subscription.
4.3 Seat Adjustments and Proration
Your billable seat count is reconciled automatically as members are added, invited, removed, or deactivated in your workspaces. Adding a billable seat mid-cycle results in a prorated charge for the remainder of the current billing period; removing a billable seat results in a prorated adjustment. Prorated amounts may be settled on a subsequent invoice rather than charged or refunded immediately. Reductions in seat count do not entitle you to a refund of amounts already invoiced, except in the form of prorated credits applied to future invoices where applicable.
4.4 Add-ons
Optional add-ons are billed as separate line items on your subscription, each at the price displayed at the time of purchase, and renew together with your subscription. Cancelling an add-on takes effect at the end of the then-current paid period, and the corresponding entitlement (for example, an extended activity history window or additional storage capacity) ceases at that time. Removing an add-on entitlement does not delete underlying data, but may limit your ability to view, store, or access it through the Service.
4.5 Payment Processing
Payments are processed by a third-party payment processor (currently Stripe). CSFaaS does not store full payment card numbers on its own systems. Your use of the payment processor's services is subject to that processor's own terms and privacy policy. You represent and warrant that you are authorized to use the payment method you provide and that the billing information you supply is accurate.
4.6 Non-Payment and Suspension
If a payment fails, CSFaaS and its payment processor may retry the charge and will make reasonable efforts to notify you. During a grace period, your access may continue while payment is retried. If payment is not received, CSFaaS may, without liability, downgrade your workspace to its free entitlements, suspend billable seats and paid features (including add-on entitlements), restrict access for workspace members beyond the free allocation, or suspend the account entirely. Customer Data associated with suspended seats or features is retained in accordance with our data retention policies and is restored when payment is received. Suspension or downgrade for non-payment does not relieve you of the obligation to pay amounts already due.
4.7 No Refunds
Except where required by mandatory applicable law or expressly stated otherwise in a signed agreement, all fees are non-refundable, and no refunds or credits will be provided for partial billing periods, unused seats, unused entitlements, downgrades, or periods during which your access was suspended pursuant to these Terms.
4.8 Price Changes
CSFaaS may change its fees, plan structure, or add-on pricing at any time. Price changes applicable to an existing subscription will take effect at the start of the next billing period, and CSFaaS will make reasonable efforts to provide advance notice of material price increases. Your continued use of the Service after a price change takes effect constitutes acceptance of the new fees; if you do not agree, your sole remedy is to cancel your subscription before the change takes effect.
4.9 Taxes
All fees are exclusive of taxes, levies, duties, or similar governmental assessments, including value-added tax (VAT), sales tax, and withholding taxes. You are responsible for all such amounts arising from your purchases, other than taxes based on CSFaaS's net income. Where CSFaaS is required to collect taxes, they will be added to your invoice.
5. Free Plan, Trials and Demo Workspaces
5.1 Free Plan
CSFaaS may offer free access to the Service subject to entitlements and limits described on the pricing page (including, without limitation, the number of included seats, storage capacity, and activity history window). Free entitlements are provided "as is", without any availability, support, or continuity commitment, and CSFaaS may modify, limit, condition, suspend, or withdraw free entitlements at any time, with or without notice.
5.2 Demo Workspaces
CSFaaS may automatically provision demonstration workspaces pre-filled with fictitious sample data to help you evaluate the Service. Demo workspaces and their sample content are provided for illustration only: the sample data does not represent real organizations, real assessments, or professional guidance, and no reliance may be placed on it. CSFaaS may modify, reset, restrict, or remove demo workspaces at any time, including after periods of account inactivity. You should not store production or otherwise important data in a demo workspace; CSFaaS shall have no liability for the modification, loss, or removal of any content placed in a demo workspace.
5.3 Trials and Promotional Access
Any trial, promotional, or discounted access is provided at CSFaaS's discretion, may be subject to additional conditions communicated at the time of the offer, and may be modified or terminated at any time. Unless otherwise stated, trial and promotional access converts to the free plan (or ends) at the conclusion of the offer period.
6. API, MCP and Third-Party Integrations
6.1 Programmatic Access
CSFaaS provides programmatic interfaces to workspace data, including a REST API and a Model Context Protocol ("MCP") endpoint (together, the "API"). Use of the API is part of the Service and is governed by these Terms, by the applicable API documentation, and by the entitlements and limits of your plan or Order. The license granted in Section 2.2 applies equally to access through the API.
6.2 API Keys and Credentials
API access is authenticated through API keys or other credentials issued within your workspaces by authorized administrators. API keys carry the access scope assigned to them at creation and act on behalf of your organization. You are solely responsible for the issuance, scoping, storage, distribution, rotation, and revocation of your API keys, and for all activity performed with them, whether or not authorized by you. You must treat API keys as confidential, must not embed them in publicly accessible code or share them with parties you do not intend to grant access, and must notify CSFaaS immediately of any suspected compromise. CSFaaS may revoke or disable any API key at any time for security, legal, or operational reasons.
6.3 Rate Limits, Changes and Deprecation
API usage is subject to rate limits and technical restrictions, which CSFaaS may enforce, adjust, or introduce at any time. CSFaaS may add, modify, deprecate, or remove API endpoints, MCP tools, response schemas, or other interface elements at any time. While CSFaaS will make reasonable efforts to communicate material breaking changes, it does not warrant backward compatibility, and shall not be liable for any impact of API changes on your systems, scripts, or integrations.
6.4 Third-Party AI Tools and Connected Clients
The API and MCP endpoint allow you to connect third-party software of your choosing, including AI assistants, AI agents, large language models, and other automated tools (collectively, "Connected Tools"). Connecting a Connected Tool is entirely at your direction, discretion, and risk. When you (or an API key issued by your workspace) connect a Connected Tool, you instruct CSFaaS to disclose the requested workspace data to that tool. Anything the Connected Tool or its provider then does with that data, including storage, further processing, transmission, retention, or use for model training, is governed exclusively by your relationship and agreement with that provider; CSFaaS has no control over, and assumes no responsibility or liability for, any Connected Tool or its provider.
You acknowledge that outputs generated by AI systems may be inaccurate, incomplete, or misleading, even when derived from accurate workspace data. You are solely responsible for reviewing and verifying any AI-generated output before relying on it, in particular for any compliance, security, legal, or business decision. You are also solely responsible for ensuring that your use of Connected Tools with Customer Data complies with applicable law and with your own obligations to data subjects and third parties, including under the GDPR.
6.5 Workspace Controls
Workspace administrators may disable API access for a workspace, and may revoke or delete individual API keys, at any time. Disabling or revoking access takes effect promptly and terminates the ability of the corresponding keys and Connected Tools to access workspace data. CSFaaS shall not be liable for any consequence of an administrator disabling API access or revoking keys, nor for any period during which CSFaaS itself suspends API access for security, legal, or operational reasons.
6.6 API Acceptable Use
In addition to the restrictions in Section 12, you must not (a) resell, redistribute, or commercialize raw API access or API responses as a standalone product or dataset; (b) circumvent or attempt to circumvent rate limits, key scoping, seat counting, or any other technical or contractual restriction; (c) use the API in a manner that imposes an unreasonable load on the Service or degrades it for other customers; or (d) use the API or any data obtained through it to develop, train, or improve a product or service that competes with the Service.
7. Service Availability and Uptime
7.1 Uptime Commitment
CSFaaS targets a minimum of 99% uptime for the Service on a monthly basis, excluding scheduled maintenance and any downtime caused by factors outside of CSFaaS's reasonable control, including but not limited to force majeure events, network or infrastructure failures, or outages caused by third-party service providers. This uptime target is not a guarantee or service level agreement unless explicitly stated in a separate signed agreement, and it does not apply to free plans, demo workspaces, Beta Features, or the API.
7.2 Scheduled Maintenance and Updates
CSFaaS may perform scheduled maintenance, upgrades, or platform updates as necessary to maintain or improve the Service. Where feasible, CSFaaS will attempt to provide advance notice of such maintenance; however, such notice is not guaranteed. While CSFaaS will make reasonable efforts to perform maintenance during off-peak hours and minimize disruptions, temporary interruptions or reduced functionality may occur, and CSFaaS shall not be held liable for any resulting impact.
7.3 Service Interruptions
In the event of an unscheduled service disruption, CSFaaS will use commercially reasonable efforts to restore access and resume normal operations as quickly as possible. CSFaaS shall not be liable for any delay, failure, or interruption in Service due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, civil unrest, cyberattacks, failure of internet service providers, or failure of third-party hosting providers.
8. Data Handling and Security
8.1 Data Hosting and Geographic Scope
Customer Data stored in the platform's primary databases and file storage is hosted in data centers located within the European Union. Certain ancillary processing (for example payment processing, transactional email delivery, network routing and delivery, or infrastructure services supporting specific features) may involve sub-processors that operate, in whole or in part, outside the European Economic Area, in each case subject to appropriate safeguards as described in our Privacy Policy. CSFaaS may update its hosting infrastructure in the future but will ensure that any such changes continue to comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) where relevant.
8.2 Security Measures
CSFaaS implements technical and organizational measures designed to protect Customer Data against unauthorized access, loss, alteration, or disclosure, including workspace-level access isolation, role-based permissions, and optional multi-factor authentication. While CSFaaS strives to maintain a secure and resilient infrastructure, absolute security cannot be guaranteed. Customers are responsible for safeguarding their own systems, credentials, API keys, and data configurations when accessing the Service, and for configuring roles, permissions, and integrations appropriately for their own risk tolerance.
8.3 Data Use and Processing
CSFaaS only accesses or processes Customer Data to deliver, operate, and support the Service. This includes maintaining platform performance, resolving technical issues, and enhancing user experience. CSFaaS may use aggregated and anonymized usage data for analytics, benchmarking, or to improve the Service, provided such data cannot be used to identify any individual or organization.
8.4 Third-Party Processors and Legal Disclosures
CSFaaS does not sell Customer Data to third parties in a personally identifiable form. Customer Data may be shared with trusted sub-processors solely for the purpose of providing, maintaining, and supporting the Service, subject to appropriate contractual and technical safeguards. A list of sub-processors is available upon request or as otherwise required under applicable law. The identities of CSFaaS sub-processors are disclosed solely for compliance purposes and remain confidential business information. Customers receiving such disclosures agree not to publicly share, distribute, or otherwise disclose the identity or role of any sub-processor without express written consent from CSFaaS.
CSFaaS may use aggregated, anonymized, or de-identified data derived from Customer Data for business analytics, product development, or to support advertising or sponsorship features in the Service. Such data will not be used to directly identify any individual or organization without explicit consent.
Additionally, CSFaaS may disclose Customer Data as required by law, regulation, subpoena, or court order, provided such disclosures are subject to applicable privacy protections.
8.5 Data Export and Backups
The Service may provide export functionality allowing you to retrieve Customer Data in standard formats. You are responsible for maintaining your own copies of any Customer Data you consider critical, and for exporting Customer Data before terminating your account or allowing a subscription to lapse where export functionality is plan-dependent. CSFaaS's backup and disaster recovery arrangements exist for platform continuity purposes and do not constitute an archival service for individual customers.
9. Disclaimers of Warranties
9.1 No Warranty
The Service, including the CSFaaS platform and all related features, content, APIs, and integrations, is provided on an "as is" and "as available" basis, without warranties of any kind. CSFaaS expressly disclaims, to the fullest extent permitted by law, all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.
9.2 No Professional Advice; No Compliance Guarantee
The Service provides software tooling, frameworks, templates, scoring, reporting, and related content to support your organization's own risk and compliance work. Nothing in the Service constitutes, or is a substitute for, legal, regulatory, audit, insurance, or other professional advice. CSFaaS does not warrant or guarantee that use of the Service will result in, evidence, or maintain compliance with any law, regulation, framework, standard, or certification (including, without limitation, GDPR, NIS2, DORA, ISO/IEC 27001, or SOC 2), nor that it will identify all risks, threats, vulnerabilities, or control gaps relevant to your organization. You remain solely responsible for your compliance posture and decisions, for the accuracy and completeness of the information you enter, and for consulting qualified professionals where appropriate.
9.3 Availability and Security Disclaimer
While CSFaaS implements commercially reasonable technical and organizational measures to protect Customer Data and ensure reliable access to the Service, it does not guarantee that the Service will be uninterrupted, error-free, or completely secure. The performance and availability of the Service may be affected by factors beyond CSFaaS's control, including internet connectivity, third-party services, and force majeure events. You acknowledge that cybersecurity and continuity are shared responsibilities.
9.4 Third-Party Content, Integrations and AI Output
The Service may include links to or integrations with third-party content, APIs, tools, or services, and permits you to connect Connected Tools as described in Section 6. CSFaaS makes no warranties or representations regarding the accuracy, quality, legality, or reliability of such third-party materials or tools, or of any output generated by AI systems connected to or operating on data from the Service, and disclaims any liability arising from your use of or reliance on them.
9.5 No Endorsement
Any mention of or access to third-party products, services, or providers through the Service does not imply endorsement, sponsorship, or recommendation by CSFaaS unless explicitly stated. Your dealings with third parties are solely between you and the third party and are governed by their respective terms.
10. Limitation of Liability
10.1 Exclusion of Certain Damages
To the fullest extent permitted by applicable law, neither party (including CSFaaS, its officers, employees, affiliates, or agents) shall be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or the cost of substitute goods or services, arising from or relating to your use of, or inability to use, the Service, even if such damages were foreseeable or if the party was advised of the possibility of such damages.
10.2 Cap on Liability
Except for the exclusions listed in Section 10.3, the total cumulative liability of CSFaaS arising out of or in connection with these Terms, whether in contract, tort, or otherwise, shall not exceed the total amount of fees actually paid by you to CSFaaS for the Service during the three (3) months immediately preceding the event giving rise to the claim. If you access the Service exclusively free of charge, CSFaaS's total cumulative liability shall not exceed one hundred euros (EUR 100).
10.3 Specific Exclusions
The limitations set forth in this section do not apply to: (a) breaches of confidentiality obligations; (b) indemnification obligations expressly set forth in these Terms; (c) acts of gross negligence, fraud, or willful misconduct; or (d) any liability that cannot be limited or excluded under mandatory applicable law.
10.4 Force Majeure
CSFaaS shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, or Internet or network outages.
11. Indemnification
11.1 User Indemnity
You agree to indemnify, defend, and hold harmless CSFaaS, its affiliates, officers, directors, employees, and agents from and against any third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms or applicable law; (b) your infringement or misappropriation of any third-party rights, including intellectual property, privacy, or data protection rights; (c) any content or data submitted through your account, including that of your end users, clients, or workspace members; or (d) your use of any Connected Tool or other third-party product or service in connection with the Service, including any disclosure of Customer Data to such tools at your direction.
11.2 Indemnification Procedure
CSFaaS will promptly notify you of any claim for which it seeks indemnification (provided that failure to provide prompt notice will not relieve you of your obligations unless materially prejudiced). CSFaaS reserves the right to control the defense and settlement of any claim, but you agree to cooperate in good faith as reasonably requested in the defense or settlement of any such matter. You may not settle any claim without our prior written consent unless it releases CSFaaS unconditionally.
12. User Responsibilities and Prohibited Conduct
12.1 Compliance with Laws
You are solely responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and industry standards, including those governing data privacy, cybersecurity, and intellectual property in the jurisdictions where you and your end users operate.
12.2 Prohibited Use
You agree not to, directly or indirectly: (a) Use the Service to store, process, or transmit any content that is unlawful, harmful, deceptive, defamatory, harassing, or that infringes upon the intellectual property or privacy rights of any person or entity, or that CSFaaS reasonably determines to be inappropriate in light of the intended use of the Service; (b) Access the Service in order to build a competing product or service, or for benchmarking or competitive analysis; (c) Attempt to gain unauthorized access to the Service or related systems or networks; (d) Interfere with or disrupt the integrity, performance, or availability of the Service; (e) Circumvent, disable, or otherwise interfere with any security or access controls, rate limits, seat counting, or billing mechanisms; (f) Use automated systems (including bots, scrapers, or crawlers) to access the Service other than through the documented API without prior written consent from CSFaaS; (g) Share login credentials or allow access to the Service by unauthorized third parties; (h) Introduce viruses, malware, or other harmful code into the Service; (i) Perform security testing, penetration testing, or vulnerability scanning against the Service without CSFaaS's prior written consent; or (j) Use the Service, its content, or data obtained through it to develop or train machine-learning models or datasets for a product or service that competes with the Service.
12.3 Data Responsibility
You are responsible for the accuracy, legality, and quality of the data you input into the Service, including any personal or sensitive data from third parties. You represent and warrant that you have obtained all necessary consents, rights, and authorizations to provide such data to CSFaaS and that its use in connection with the Service will not violate any applicable law or third-party rights.
13. Intellectual Property Rights
13.1 CSFaaS Intellectual Property
You acknowledge that all rights, title, and interest in and to the Service, including the platform software, technology, designs, trademarks, logos, and any other content or intellectual property, are and shall remain the exclusive property of CSFaaS (a brand of Dark Protect Limited) or its licensors. Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.
13.2 Customer Data
As between you and CSFaaS, you retain all rights, title, and interest in and to the data, content, or materials you submit to the Service ("Customer Data"). By using the Service, you grant CSFaaS a non-exclusive, royalty-free, worldwide license to use, process, host, reproduce, and display Customer Data solely to operate, maintain, and improve the Service. You represent that you have all necessary rights and consents to grant this license.
13.3 Aggregated and Anonymized Data
CSFaaS may generate and use aggregated, anonymized, or de-identified data derived from your use of the Service, including metadata and system-level metrics, for purposes such as analytics, service optimization, product development, or benchmarking. Such data will not include any information in a form that directly or indirectly identifies you, your organization, your users, or any sensitive business content. All rights, title, and interest in such aggregated data shall belong exclusively to CSFaaS.
14. Governing Law and Jurisdiction
14.1 Governing Law
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law principles.
14.2 Jurisdiction
You agree that the courts of Malta shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation. You waive any objection to the jurisdiction and venue of such courts.
15. Modifications to These Terms
15.1 Right to Modify
CSFaaS reserves the right to modify or update these Terms at any time, at its sole discretion. If we make material changes, we will notify you by posting the updated Terms on the CSFaaS website and may also notify you by email or through the Service. The "Last Updated" date at the top of the Terms will indicate the effective date of the latest revisions.
15.2 Acceptance of Changes
Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and, where applicable, cancel your subscription.
16. Termination and Suspension
16.1 Termination by User
You may terminate your account and discontinue use of the Service at any time by using any account termination functionality provided within the Service or by contacting us. Terminating your account does not by itself cancel an active paid subscription: you remain responsible for cancelling your subscription and for any amounts already due at the time of termination. Upon termination, your access to the Service will immediately cease. You are solely responsible for exporting any Customer Data prior to termination. CSFaaS may delete or anonymize Customer Data associated with your account in accordance with its data retention policies and applicable law.
Unless otherwise required by law, no refunds, credits, or proration will be provided for any unused portion of a subscription term upon termination.
16.2 Suspension or Termination by CSFaaS
CSFaaS may suspend or terminate your access to the Service, in whole or in part, at its sole discretion, with or without notice, including in cases of actual or suspected violation of these Terms, non-payment, applicable law, abusive conduct, or if required for legal or operational reasons. Where feasible, CSFaaS will endeavor to provide prior notice.
16.3 Effects of Termination
Termination of your account or access to the Service shall not affect any rights or obligations that have accrued prior to termination, including payment obligations. Provisions of these Terms that by their nature or context are intended to survive termination, including, without limitation, those relating to intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution, shall remain in full force and effect.
17. Miscellaneous Provisions
17.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
17.2 Entire Agreement
These Terms, together with any referenced policies or agreements (such as the Privacy Policy or applicable Order Forms), constitute the entire agreement between you and CSFaaS regarding the use of the Service and supersede all prior or contemporaneous understandings.
17.3 Waiver
The failure of either party to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged in writing.
17.4 Assignment
You may not assign or transfer these Terms, in whole or in part, without the prior written consent of CSFaaS. Any attempt to do so without such consent will be null and void. CSFaaS may assign or transfer these Terms without restriction.
17.5 Notices
All notices under these Terms must be in writing and shall be deemed properly given when delivered by hand, sent by recognized courier, or by email to the address associated with your account or as otherwise notified by CSFaaS.
17.6 Language and Interpretation
These Terms are provided in English. In the event of any inconsistency between the English version and a translation, the English version shall prevail. Headings are for convenience only and do not affect interpretation.
18. Contact Information
If you have any questions, concerns, or notices regarding these Terms of Use or your use of the Service, you may contact us at:
CSFaaS Legal Department
Email: [email protected]
Mailing Address: Dark Protect Limited, Level 5, St. Julians Business Centre, Elija Zammit Street, St. Julians, STJ3153, Malta.
By accessing or using the CSFaaS Service, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Use.