Terms of service.

Last Updated July 10, 2025
Prior versions of this policy can be found here.

We are FalconOps Cybersecurity LLC (doing business as FalconOps) ("FalconOps," "we," "us," "our"), a company registered in Texas, United States at 5900 Balcones Drive STE 100, Austin, TX 78731.

We operate the websites falconops.com, credscout.com, and app.credscout.com (the "Sites") and all related features, content, software, services, and materials made available by FalconOps, as well as any other related products and services that refer or link to these terms of service (the "TOS") (collectively, the "Services").

The TOS governs your access to and use of the Sites and Services and constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User" or "you") and FalconOps concerning your access to and use of the Sites and Services

Table of Contents

  1. Acceptance of Terms

  2. Definitions

  3. Our Services

  4. Confidentiality

  5. Intellectual Property Rights

  6. User Representations

  7. Products

  8. Subscriptions

  9. Refunds Policy

  10. Prohibited Activities

  11. User-Generated Contributions

  12. Contribution License

  13. Third-Party Websites and Content

  14. Advertisers

  15. Services Management

  16. Privacy Policy

  17. Term and Termination

  18. Modifications and Interruptions

  19. Dispute Resolution

  20. Corrections

  21. Disclaimer

  22. Limitations of Liability

  23. Indemnification

  24. User Data

  25. Electronic Communications, Transactions, and Signatures

  26. California Users and Residents

  27. Relationship to Other Agreements

  28. Miscellaneous Provisions

  29. Contact Us

1. Acceptance of Terms

By accessing or using the Sites or Services, you acknowledge that you have read, understood, and agree to be bound by the TOS and our Privacy Policy located at falconops.com/privacy-policy.  All other references to the Privacy Policy throughout this TOS are hereby incorporated by reference to this Section. The TOS shall remain in effect for as long as you use the Sites or Services unless terminated earlier under Section 17.

IF YOU DO NOT AGREE WITH ALL OF THE TOS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES AND SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

FalconOps, at its own discretion, may from time to time modify the TOS. The modified TOS will take effect upon posting or notification to you by email, as stated in the email message. By continuing to use the Sites or Services after the effective date of any changes, you agree to be bound by the modified TOS.

2. Definitions

  • Client Data: means any PII and/or PHI maintained in User’s environment. Client Data is not considered Confidential Information and is governed by a separate Business Associate Agreement (BAA), data protection agreement, or security exhibit.

  • Confidential Information: means nonpublic, confidential, or proprietary information disclosed by one party to another that is either marked confidential or should be reasonably understood to be so given the nature and context of disclosure. This includes, but is not limited to, business operations, technologies, algorithms, software (including source and object code), product designs, marketing strategies, pricing, customer and vendor lists, and trade secrets. The Services are deemed Confidential Information of FalconOps.

    • Confidential Information does not include: (i) information that becomes public without breach; (ii) is lawfully obtained without obligation of confidentiality; (iii) is independently developed without use of the other party’s confidential information; or (iv) Client Data, as defined above.

  • Effective Date: The last updated date of this TOS.

  • Intellectual Property: means any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, trade names, service marks, copyrights, trade secrets, concepts and ideas whether or not patentable, copyrightable, or constituting trade secrets), computer programs and software, source code, databases, functionality, software, website designs, creations, writings, illustrations, images, audio, video, text, photographs, graphics, and all improvements to and copies and tangible embodiments of the above.

  • Personally Identifiable Information (“PII”): Information that can identify or is reasonably linkable to an individual or information defined as "personal information" under applicable law.

  • Protected Health Information (“PHI”): Carries the same definition as provided under the Health Insurance Portability and Accountability Act of 1996.

3. Our Services

3.1. The information provided when using the Sites or Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Sites or Services from locations other than their own do so at their own initiative and are solely responsible for complying with local laws, if and to the extent such laws are applicable.

3.2. The Sites and Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Sites and Services. You may not use the Sites or Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

4. Confidentiality

4.1. General Obligations

4.1.1. User shall: (i) not disclose or otherwise make available any Confidential Information of FalconOps to third parties except as otherwise permitted in the TOS and hold all Confidential Information in strict confidence; (ii) take commercially reasonable precautions to keep the Confidential Information secret and avoid disclosure, loss, or misuse of the Confidential Information; (iii) not reverse engineer, disassemble, or decompile any software or tangible objects embodying any Confidential Information of FalconOps, and (iv) not use or permit any person to use any of the Confidential Information for any purpose except to fulfill obligations under the TOS. User may disclose Confidential Information to affiliates, personnel, attorneys, agents, consultants, subcontractors, or advisors of User with (x) a valid need to know such Confidential Information and (y) that have signed a written agreement with Recipient containing confidentiality and non-use restrictions with at least the same degree of care (but no less than reasonable care) as the TOS or who are bound by a duty of confidentiality. User shall remain responsible for any act or omission of its affiliates, personnel, attorneys, agents, consultants, subcontractors, or advisors that would be a breach of the TOS if done by User. Neither party shall disclose any information to the other party in violation of any confidentiality obligations to, or proprietary rights of, any third party.

4.1.2. Compelled Disclosure: Notwithstanding any other provision of the TOS, if User is compelled to disclose Confidential Information of FalconOps pursuant to any governmental or judicial order applicable to User, it shall provide FalconOps with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at FalconOps’s cost, if FalconOps wishes to contest the disclosure. User shall use commercially reasonable efforts to limit any such disclosure to the extent required and to obtain confidentiality protections to the extent reasonably practicable.

4.1.3. Ownership: FalconOps retains ownership of its Confidential Information. No rights or licenses are granted by the TOS other than as expressly stated.

4.1.4. Return of Confidential Information: User shall, within 90-days, destroy or return all tangible and intangible material in its possession or control embodying FalconOps’s Confidential Information (in any form and including, without limitation, all summaries, copies, and excerpts of Confidential Information) after FalconOps makes a written request; provided, that User may retain a copy of FalconOps’s Confidential Information in its possession or control to the extent required by applicable law or maintained in archival or backup copies; provided, further, that User shall continue to retain such Confidential Information in accordance with this Section 4 for so long as such Party retains possession or control of such Confidential Information. Within ninety (90) days after FalconOps has requested the return or destruction of the Confidential Information, User shall certify in writing to FalconOps that all such Confidential Information has been returned and/or permanently destroyed.

4.1.5. Prior Confidentiality and Non-Disclosure Obligations: To the extent the Parties entered into a confidentiality and non-disclosure agreement prior to the Effective Date for purposes of evaluating a potential business transaction related to the subject matter of the TOS, then as of the Effective Date, any and all such confidentiality and non-disclosure agreements automatically shall terminate and cease to have any effect. Any information disclosed pursuant to any such confidentiality and non-disclosure agreement prior to the Effective Date shall be deemed Confidential Information for purposes of the TOS and shall be subject to the terms and conditions of this Section 4 as of the Effective Date and thereafter.

4.1.6. Survival: The obligations and restrictions set forth in this Section 4 shall survive the termination or expiration of the TOS and shall continue to bind User, its successors, heirs, and assigns and remain in effect (a) in the case of Confidential Information which constitutes a trade secret within the meaning of applicable law, for as long as such Confidential Information remains a trade secret, or (b) for five (5) years from the date it first received such Confidential Information hereunder.

4.1.7. Injunctive Relief: The parties acknowledge that a breach or threatened breach of this Section may result in irreparable and continuing harm for which there will be no adequate remedy at law and that the non-breaching party shall be entitled to seek injunctive relief and/or a decree for specific performance, and such other relief as may be proper against any such breach or threatened breach, without posting any bond or showing of irreparable harm, in addition to any other remedy available to it (including monetary damages if appropriate).

5. Intellectual Property Rights

5.1. Our intellectual property

5.1.1. We are the owner or the licensee of all intellectual property rights in our Sites and Services, including all Intellectual Property in the Sites and Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

5.1.2. Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

5.1.3. The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

5.2. Your use of our Services

5.2.1. Subject to your compliance with the TOS, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Sites and Services; and

  • Download or print a copy of any portion of the Content to which you have proper access, solely for your internal business purposes.

5.2.2. Refer to Section 10 (Prohibited Activities) for a comprehensive list of restricted actions and limitations on content usage.

5.3. Your Submissions

5.3.1. By directly submitting to us any feedback, suggestions, or ideas about the Sites or Services (“Submissions”), you hereby assign to FalconOps all rights, title, and interest in such Submissions, including all intellectual property rights. You acknowledge that FalconOps may use such Submissions for any lawful purpose, commercial or otherwise, without obligation to compensate you.

5.3.2. Submissions are not considered confidential and must not include proprietary or protected information. You represent that your Submission is either your own original work or that you have sufficient rights to grant FalconOps the rights described above.

Note: These Submissions are private communications and do not constitute publicly posted content.

6. User Representations

6.1. General

By using the Sites or Services, you represent and warrant that:

  • You are at least 18 years old;

  • You have the legal authority to accept these TOS;

  • You will comply with all applicable laws and regulations;

  • You will not access the Sites or Services using bots or automated systems;

  • You will provide accurate registration information and keep it current;

  • You will maintain the confidentiality of your credentials;

  • You will notify FalconOps immediately if your account is compromised or your credentials lost or misused.

6.2. CredScout-Specific Terms

By using the CredScout platform(s), you represent and warrant that:

  • You will use search credits only in accordance with our documentation and not attempt to bypass limits on purchased or authorized credits;

  • You will not bypass search credit limitations;

  • You will configure alerts responsibly and act on them using your own internal remediation processes. Any guidance we provide through the Services is informational only and not a substitute for your own security protocols.

7. Products

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

8. Subscriptions

8.1. Billing and Renewal

8.1.1. FalconOps provides access to Content and Services via our Sites that may require a subscription for access. We accept the following forms of payment for such subscriptions:

  • Visa

  • Mastercard

  • American Express

  • Discover

8.1.2. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Sites or Services. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We reserve the right to change prices at any time. All payments shall be in US dollars.

8.1.3. You agree to pay all charges, as then in effect, for your purchases, as well as any applicable shipping fees. You authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or pricing mistakes, even if we have already requested or received payment.

8.1.4. We reserve the right to refuse any order placed through the Sites or Services. We reserve the right, in our sole discretion, to limit or cancel quantities purchased per person, per organization, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

8.1.5. Your subscription will continue and automatically renew unless you cancel it. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable order. The length of your billing cycle is determined and selected at the time of purchase, and can be either annual or monthly.

8.2. Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@falconops.com.

8.3. Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

9. Refunds Policy

All sales are final, and no refund will be issued.

10. Prohibited Activities

10.1. You may not access or use the Sites or Services for any purpose other than that for which we make the Sites and Services available. The Sites and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

10.2. As a user of the Sites or Services, you agree not to:

  1. Use the Sites or Services in a manner inconsistent with any applicable laws or regulations, including any privacy laws.

  2. Systematically retrieve data or other content from the Sites or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  3. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  4. Circumvent, disable, or otherwise interfere with security-related features of the Sites or Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Sites or Services and/or the Content contained therein.

  5. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Sites or Services.

  6. Use any information obtained from the Sites or Services in order to harass, abuse, threaten, or harm another person or in order to commit or encourage activities that would be considered a fraud, a criminal offense, or likely to give rise to civil liability.

  7. Make improper use of our support services or submit false reports of abuse or misconduct.

  8. Engage in unauthorized framing of or linking to the Sites or Services.

  9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Sites or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Sites or Services.

  10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  11. Delete the copyright or other proprietary rights notice from any Content.

  12. Attempt to impersonate another user or person, or use the username of another user.

  13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

  14. Interfere with, disrupt, or create an undue burden on the Sites or Services or the networks or services connected to the Sites or Services.

  15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Sites or Services to you.

  16. Attempt to bypass any measures of the Sites or Services designed to prevent or restrict access to the Sites or Services, or any portion of the Sites or Services.

  17. Copy or adapt the Sites’ or Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites or Services.

  19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Sites or Services, or use or launch any unauthorized script or other software.

  20. Use any unauthorized extraction method to extract Content from the Sites or Services, including web or screen scraping, or any other manual or automated processes, techniques, or tactics to extract, copy, or download Content from the Sites and Services.

  21. Use a buying agent or purchasing agent to make purchases on the Sites or Services.

  22. Make any unauthorized use of the Sites or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  23. Use the Sites or Services as part of any effort to compete with us or otherwise use the Sites or Services and/or the Content for any unauthorized revenue-generating endeavor or commercial enterprise.

  24. Use the Sites or Services to advertise or offer to sell goods and services.

  25. Sell or otherwise transfer your profile.

11. User-Generated Contributions

The Sites and Services do not allow public-facing content submissions such as forums or comment sections. All feedback must be sent as private communications.

12. Contribution License

By submitting suggestions, feedback, or improvements (“Contributions”), you grant FalconOps a perpetual, worldwide, royalty-free, irrevocable license to use and share them. Contributions are not considered Confidential Information.

13. Third-Party Websites and Content

The Sites or Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Sites or Services or any Third-Party Content posted on, available through, or installed from the Sites or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites or Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that the TOS no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Sites or Services or relating to any applications you use or install from the Sites or Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14. Advertisers

We may allow advertisers to display their advertisements and other information in certain areas of the Sites or Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

15. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Sites and Services for violations of the TOS; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or the TOS, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Sites or Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Sites and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites and Services.

16. Privacy Policy

We are committed to protecting data privacy and security. Please review our Privacy Policy at falconops.com/privacy-policy. By using the Sites or Services, you agree to be bound by our Privacy Policy, which is incorporated into the TOS. Please be advised that the Sites and Services are hosted in the United States. If you access the Sites or Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Sites or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

17. Term and Termination

17.1. THE TOS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITES OR SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THE TOS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES OR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THE TOS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES OR SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

17.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive remedies.

18. Modifications and Interruptions

18.1. We reserve the right to change, modify, or remove the content of the Sites or Services at any time and for any reason, at our sole discretion, without notice. However, we have no obligation to update any information on our Sites or Services. We also reserve the right to modify or discontinue all or part of the Sites or Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sites or Services.

18.2. We cannot guarantee the Sites and Services will be available at all times. We may experience hardware, software, or other issues, or need to perform maintenance related to the Sites or Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites or Services during any downtime or discontinuance of the Sites or Services. Nothing in the TOS will be construed to obligate us to maintain and support the Sites or Services or to supply any corrections, updates, or releases in connection therewith.

19. Dispute Resolution

19.1. Binding Arbitration

19.1.1. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website. The AAA Consumer Rules shall govern your arbitration fees and your share of arbitrator compensation, and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines that such costs are excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but is not required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Tarrant County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

19.1.2. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dallas, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from the TOS.

19.1.3. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

19.2. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

19.3. Exceptions to Arbitration

The Parties agree that the following disputes are not subject to binding arbitration:

  • Disputes concerning intellectual property rights;

  • Disputes involving allegations of theft, piracy, invasion of privacy, or unauthorized use;

  • Claims for injunctive relief, including breaches of confidentiality under Section 4.1.7.

19.4. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY TO THE TOS IRREVOCABLY WAIVES, ANY AND ALL RIGHT TO PURSUE OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR OTHER CLASS-WIDE PROCEEDING ARISING OUT OF OR RELATING TO THE TOS.

20. Corrections

There may be information on the Sites or Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Sites and Services at any time, without prior notice.

21. Disclaimer

THE SITES AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITES OR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ AND SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITES AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES OR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES AND SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Sites or Services; (2) breach of the TOS; (3) any breach of your representations and warranties set forth in the TOS; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Sites or Services with whom you connected via the Sites or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

24. User Data

We will maintain certain data that you transmit to the Sites or Services for the purpose of managing the performance of the Sites and Services, as well as data relating to your use of the Sites or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Sites or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. Electronic Communications, Transactions, and Signatures

Visiting the Sites or Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITES OR SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

26. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. Relationship to Other Agreements

The TOS apply solely to the use of the Sites and Services. They do not override any existing Master Services Agreements (MSAs) or Statements of Work (SOWs).

In case of conflict, MSAs or SOWs will prevail. However, standalone NDAs previously entered solely for evaluating potential engagement are superseded by the TOS per Section 4.1.5, unless re-executed or explicitly referenced in a later agreement.

28. Miscellaneous Provisions

28.1. Access Control: Without limiting any other terms of the TOS, FalconOps may, in its sole discretion, block User's access to the Sites or Services or stop providing, terminate or disable User's use of the Site or Services, even if FalconOps has previously allowed the User to use the Sites or Services.

28.2. Relationship: The Parties are independent contractors, and nothing in the TOS is intended or will be construed to create or establish any agency, partnership, or joint venture relationship between the Parties. The Parties expressly disclaim such relationship, agree that they are acting solely as independent contractors hereunder, and agree that the Parties have no fiduciary duty to one another or any other special or implied duties not expressly stated herein.

28.3. Assignment: We may assign any or all of our rights and obligations to others at any time. You cannot assign or transfer the TOS under any circumstances.

28.4. Non-Waiver of Rights; Severability: The omission by either Party at any time to enforce any default or right reserved to it or to require the performance of any of the terms, covenants, or provisions hereof by the other Party at the time designated shall not be a waiver of any such default or right to which the Party is entitled, nor shall it in any way affect the right of the Party to enforce such provisions thereafter. If any provision of the TOS is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the TOS shall remain in full force and effect, preserving to the fullest extent permissible the intent of the Parties set forth in the TOS

28.5. Governing Law; Venue: The TOS and your use of the Services are g governed by and construed in accordance with the laws of the State of Texas without giving effect to the choice of law principles. Any disputes arising out of the TOS and any claim for relief or other legal proceeding filed to interpret or enforce the respective rights of the Parties hereunder shall be commenced solely and exclusively in the applicable state or federal courts located in Dallas, Texas. The Parties hereby consent and submit themselves to the venue and personal jurisdiction of said courts with respect to all such disputes and controversies. The Uniform Commercial Codes will not apply to the TOS.

28.6. Waiver of Jury Trial: EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THE TOS OR THE TRANSACTIONS CONTEMPLATED THEREBY.

28.7. Construction: Headings and paragraph captions are for reference only and shall not be considered in construing the TOS. Unless the context requires otherwise, (i) the singular will include the plural and vice versa; (ii) “or” will mean “and/or”; and (iii) “including” will mean, “including but not limited to.”

28.8. Force Majeure: Except for any payment obligations hereunder, neither Party shall be responsible for failure or delay of performance if caused by or resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire, flood, earthquake, an act of war, or other violence, hostility, or sabotage; act of God; pandemic as declared by the World Health Organization; electrical, internet, or telecommunication outage that the obligated Party does not cause; government restrictions (including the denial or cancelation of any export, import, or other license); or other event outside the reasonable control of the obligated Party. The Party claiming the force majeure event shall use reasonable efforts to mitigate the effect of a force majeure event and to continue to perform.

28.9. No Third-Party Beneficiaries: The TOS shall not confer any rights or remedies upon any person or entity other than the Parties hereto and their respective successors and assigns.

28.10. Export Control Laws: Each party shall comply with all United States and foreign export control laws or regulations applicable to its performance under the TOS.

28.11. Entire Agreement; Counterparts: The TOS, executed service agreements and statements of work, and any policies or operating rules posted by us on the Sites or Services or in respect to the Sites or Services constitute the entire agreement and understanding between you and us.

28.12. No Contract with the Third Parties: Nothing in the TOS shall make either Party a third-party beneficiary of any contract, agreement, or policy of any other contract.

28.13. Survivability: FalconOps rights under the TOS shall survive any expiration or termination of the TOS.

29. Contact Us

In order to resolve a complaint regarding the Sites or Services or to receive further information regarding use of the Sites or Services, please contact us at:

You can contact us by phone at 817-761-4225, via our website contact us page, email at support@falconops.com, or by mail to:

FalconOps Cybersecurity LLC

5900 Balcones Drive STE 100

Austin, TX 78731

United States