HYAS Insight Intel Feed

Last updated: March 26, 2024

BY CLICKING ON THE “GET THE FEED” BUTTON, YOU (“USER”) ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH HYAS INFOSEC INC. (“HYAS”) FOR ACCESS TO THE HYAS INSIGHT INTEL FEED (THE “FEED”). IF YOU DO NOT AGREE TO THIS AGREEMENT THEN DO NOT CLICK THE “GET THE FEED” BUTTON AND YOU WILL NOT HAVE ACCESS TO THE FEED. If you are accepting this Agreement on behalf of an organization or other legal entity, you represent and warrant that you have the authority to bind that organization or entity to this Agreement, and in such case, “User” shall refer to that organization or entity.

1. License Grant

HYAS hereby grants User a limited, non-exclusive, non-transferable, and revocable license to access and use the Feed solely for the purpose of conducting User’s digital threat intelligence research and defensive operations (the “Purpose”).

2. Access and Availability

The Feed may be accessible to User via API access only. HYAS may provide API documentation as guidance for accessing the Feed. Daily access to the Feed is subject to limits, which HYAS may change in its sole discretion, at any time, and without notice.

3. Use Limitations

As a condition of User’s access to and use of the Feed, User agrees not to violate any applicable laws; copy, modify, reverse engineer, or otherwise misuse the Feed; make it available to third parties; use the Feed for unintended purposes; engage in any activity that disrupts the Feed’s integrity or performance; attempt unauthorized access to the Feed; remove or modify any of HYAS’s markings or proprietary notices; use the Feed to create or support competitive products or services; or disclose benchmark results without HYAS’s prior written consent.

4. Risk Acknowledgment

User acknowledges that the Feed includes potentially harmful data, including Indicators of Compromise, which may link to or provide information about malicious content. User warrants that it has relevant qualifications and expertise to access and use such information in a secure and appropriate manner. User also agrees to always exercise caution, employ good judgment, and utilize appropriate security measures when accessing or using such information. HYAS is not responsible for any harm, loss, or damage arising from User’s access to or interaction with such information.

5. Changes in Service

HYAS may from time-to-time and without notice modify the Feed or stop providing the Feed temporarily or permanently. HYAS reserves the right to cease offering the Feed for free and to only allow access to it for a fee.

6. Warranty and Disclaimer

USER AGREES THAT THE FEED IS PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. USER USES THE FEED ENTIRELY AT ITS OWN RISK. HYAS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. HYAS DOES NOT WARRANT THAT ACCESS TO THE FEED WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THE INFORMATION PROVIDED THROUGH THE FEED IS ACCURATE, COMPLETE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HYAS SHALL IN NO EVENT BE LIABLE FOR ANY INACCURACY, ERROR, OR OMISSION, OR ANY LOSS, INJURY, OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE FEED.

7. Ownership

HYAS grants User the right to utilize the Feed solely for the Purpose. It is expressly understood that this right of use does not convey any transfer of ownership or proprietary rights in the Feed or its content to User. All data extracted, analyzed, or utilized from the Feed remains HYAS’s intellectual property. User is prohibited from claiming any proprietary rights to such data or using the data in any manner not explicitly authorized by this Agreement.

8. Personal Information

HYAS will process User’s personal information in accordance with its privacy statement located at https://www.hyas.com/privacy-statement/.

9. Marketing

HYAS may contact User about a paid subscription to the Feed, or other HYAS products and services. Users can opt-out by following unsubscribe instructions provided in the marketing communications or by contacting HYAS directly at marketing@hyas.com.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HYAS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF SAVINGS, PROFITS, DATA, USE, GOODWILL, OR REPUTATION; BUSINESS INTERRUPTION; OR COSTS OF REPLACEMENT SERVICES ARISING OUT OF, OR IN ANY WAY CONNECTED TO, THE FEED, EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, HYAS'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED $10.00 USD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

11. Indemnity

User shall indemnify, defend, and hold harmless HYAS and its affiliates, officers, agents, employees, and partners from any claims, damages, liabilities, costs, and fees (including reasonable attorneys' fees and costs) arising from or relating to any third-party lawsuit, claim, or proceeding brought against HYAS that results from or arises out of User’s violation of this Agreement.

12. Term and Termination

This Agreement takes effect when User registers for or accesses the Feed and remains in effect until terminated by either party. Either party may terminate this Agreement at any time and for any reason. Upon termination, the license granted herein will immediately terminate, and User must cease all use of the Feed. Notwithstanding termination, any provisions of this Agreement that by their nature should survive termination will remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Venue

This Agreement and any action related to it will be governed by the laws of the Province of British Columbia and the federal laws of Canada. Any disputes will be brought and resolved in the provincial and federal courts in Victoria, British Columbia, which exercise exclusive jurisdiction over claims arising out of or related to this Agreement. However, HYAS may initiate legal action to protect its intellectual property rights in any jurisdiction. If a party initiates any proceeding regarding this Agreement, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of this Agreement.

14. Amendment

HYAS reserves the right to amend the terms of this Agreement at any time and will make the most up-to-date version available on its website. Continued use of the Feed after amendment constitutes acceptance of the changes.

15. Waiver

A waiver by either party of any breach or default does not constitute a waiver of any other or subsequent breach or default.

16. Assignment

User may not assign this Agreement or any rights hereunder without HYAS's prior written consent. This Agreement benefits and binds permitted successors and assigns.

17. Force Majeure

Neither party is liable for failure to perform its obligations if such failure is due to acts of God, natural disasters, government regulations, or other causes beyond their control.

18. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, then the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in force and effect.