End User License Agreement

Last updated: November, 2019

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE CONSOLE AND/OR SERVICES.

By clicking the “Sign in” and/or “Create an account” and/or “Launch Stack” button, or installing and in any event by using the BridgeCrew Security Console (the “Console“), you expressly acknowledge, and agree, that you are entering into a legal agreement with BridgeCrew, Inc. a Delaware corporation with its principal place of business at 18 Bartol ST, STE 1141, San Francisco, CA 94133 (“BridgeCrew“, “we“, “us” or “our“), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement“). To the maximum extent permitted by law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the Console. If you breach this Agreement we may take action against you, including, but not limited to, terminating your account.

  1. The Services: BridgeCrew offers you a centralized system for automating and scaling cloud security using our Console (“Services“).
  2. Ability to Accept. No one under 18 is allowed to create an account or use the Service. By installing the Console you affirm that you are over eighteen (18) years of age. If you are using the Service on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in this Agreement and to agree to this Agreement on behalf of the business or entity. To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy at https://bridgecrew.io/privacy-policy/ (“Privacy Policy”) to help you understand what information we collect, how we use it and what choices you have when you use our Services. Furthermore, you must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications from time to time, as necessary to provide our Services to you.
  3. Console Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License“) to: (i) download, install and use the Console. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that this Agreement and our Usage Rules, and our Privacy Policy, allow. For clarity, nothing in this Agreement allows you to make use of the Services and/or the Console for commercial purposes and/or benefit.
  4. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Console; (ii) make the Console available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Console; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Console or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Console or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Console; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Console; (vii) use any communications systems provided by the Console to send unauthorized and/or unsolicited commercial communications; (viii) use the BridgeCrew name, logo or trademarks without our prior written consent; and/or (ix) use the Console to violate any applicable laws, rules or regulations, or for any unlawful, misleading, fraudulent, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, or violate (or help or encourage others to violate) these Agreement.
  5. Safe and appropriate use.
    • While you are using our Services, please be aware of your surroundings, and communicate safely.
    • You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so.
    • If you have a dispute with any third party relating to your use of Services, you release BridgeCrew (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
    • In any event, if we become aware of unlawful or prohibited use of our Services or behavior, we reserve the right to report it to the relevant authorities.
  6. User Submissions.
    • The Console may permit the hosting, sharing, posting, and publishing of content by you and other users (“User Submissions“). Your User Submissions may be posted to the Console, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we cannot fully guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We reserve the right without further notice to you, to delete, and/or remove any and all User Submissions at any time and for any reason.
    • Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submissions.
    • License to User Submissions. Subject to this Agreement and the terms of our Privacy Policy, by submitting the User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Console, including without limitation for making them available to other users and redistributing part or all of your User Submissions (and derivative works thereof), and to the extent permitted by law you hereby waive any moral rights in your User Submissions and the right to assert such moral rights,. You also hereby grant each Console user and Third Party Source a non-exclusive right to view, use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in accordance with this Agreement.
    • Exposure. You understand and acknowledge that when accessing and using the Console: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.
    • Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Console as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of BridgeCrew, our users or the public.
    • Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, obscene, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.
    • If you select a username or similar identifier for your Account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user
    • Some features of our Services let you create, upload, post, send, receive, download and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and that you have selected.
    • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
    • Your User Submissions shall comply at all times with all applicable laws and shall not violate, infringe or misappropriate third party rights (including, without limitation, intellectual property, privacy, rights of publicity, reputation and other personality rights).
    • We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances Account holders who infringe or are believed to be infringing the rights of copyright holders.
    • If you wish to report abuse or illegal content, you may do so via security@bridgecrew.io.
  7. Third Party Sources and Content.
    • The Console enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content“). The Console may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
    • We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.
    • We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
    • We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
    • By using the Console you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
    • You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against BridgeCrew, and release BridgeCrew from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
  8. The Console may permit you to send messages to a Third Party Source or to other App users (“Messages“). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, software or services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and to grant the foregoing license to us.  You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section ‎9 (User Submissions) below shall also apply to Messages that you send via the App.
  9. Intellectual Property Rights.
    • Ownership. The Console is licensed and not sold to you under this Agreement and you acknowledge that BridgeCrew and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Console (and its related software). We reserve all rights not expressly granted herein to the Console. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
    • Content. The content on the Console, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials“), and the User Submissions (defined below), and the trademarks, service marks and logos contained therein (“Marks“, and together with the Materials and User Submissions, the “Content“), is the property of BridgeCrew and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “BridgeCrew” and the BridgeCrew logo are Marks of BridgeCrew and its affiliates. All other Marks used on the Console are the trademarks, service marks, or logos of their respective owners.
    • Use of Content. The content on the Console is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
  10. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the Console is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
  11. We will use any personal information that we may collect or obtain in connection with the Console in accordance with our Privacy Policy and, to the extent permitted by your applicable law, you hereby agree that we may do soNotwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. Please also be aware that certain personal information and other information provided by you in connection with your use of the Console may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access. Please note that in order to operate our global Service, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.
  12. Warranty Disclaimers.
    • THE CONSOLE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
    • WE DO NOT WARRANT THAT THE CONSOLE WILL OPERATE ERROR-FREE, THAT THE CONSOLE IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the CONSOLE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
    • IF YOU HAVE A DISPUTE WITH ANY OTHER CONSOLE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
    • Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
    • We also don’t control what people and others users do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Console.
  13. Limitation of Liability.
    • UNDER NO CIRCUMSTANCES SHALL BRIDGECREW BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF INFORMATION, DATA, PROFITS, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE CONSOLE EVEN IF BRIDGECREW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH THIS INCLUDES WHEN WE DELETE YOUR CONTENT, INFORMATION OR ACCOUNT.
  14. You agree to defend, indemnify and hold harmless BridgeCrew and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Console; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
  15. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Console nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  16. Updates and Upgrades. We may from time to time provide updates or upgrades to the Console (each a “Revision“), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Console. All references herein to the Console shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Console, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
  17. Term and Termination.
    • We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Console; and/or (ii) terminate this Agreement and your use of the Console with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Console in any way, your only recourse is to immediately discontinue use of the Console.
    • Upon termination of this Agreement, you shall cease all use of the Console. This Section ‎19 and Sections ‎9 (User Submissions), ‎12 (Intellectual Property Rights), ‎15 (Privacy), ‎16 (Warranty Disclaimers), ‎17 (Limitation of Liability), ‎18 (Indemnity), and ‎22 (Assignment) to ‎27 (General) shall survive termination of this Agreement.
  18. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by BridgeCrew without restriction or notification. Any prohibited assignment shall be null and void.
  19. We reserve the right to modify this Agreement at any time by sending you an in-Console notification and/or publishing the revised Agreement on the Console. Such change will be effective immediately following the foregoing notification thereof, and your continued use of the Console thereafter means that you accept those changes.
  20. Governing Law and Disputes. To the maximum extent permitted by law, (i) this Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws rules, (ii) You agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, and waive any jurisdictional, venue, or inconvenient forum objections to such courts and (iii) notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. This Section is not intended to limit your rights under applicable law and/or consumer-protection regulations.
  21. We always appreciate feedback or other suggestions, but please note that will own them and we may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
  22. Third Party Open Source Software. Portions of the Console may include third party open source software that are subject to third party terms and conditions (“Third Party Terms“). A list of any third party open source software and related Third Party Terms is available at [https://github.com/bridgecrewio].  If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.
  23. This Agreement, and any other legal notices published by us in connection with the Console, shall constitute the entire agreement between you and BridgeCrew concerning the Console. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by BridgeCrew. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE CONSOLE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: November, 2019