Our Terms of Service ("ToS") Agreement consist of the below:

Description of Service:
    Our service is an "(I)IoT device and firmware analysis platform 
    for cybersecurity-related purposes", as described on 
    _our main website_ (https://binare.io/).

Service Terms:
    These are the general terms for your use of our hosted/SaaS version 
    (https://*.binare.io), including for maintenance and technical 
    support, if you have subscribed for paid services and/or have a 
    dedicated for-payment Service Level Agreemen ("SLA").

Privacy Policy: 
    What data we process, how we process, duration and purpose, all 
    according to the GDPR (https://www.binare.io/legal/pp.html)

Vulnerability Disclosure:
    We follow a responsible disclosure policy and welcome any security 
    reports (https://binare.io/security.txt)

Our prices:
    The prices we charge depends on your selected plan and any additional 
    paid services you subscribed for. Pleaser consult us at: info@binare.io


Service Terms hosted/Software-as-a-Service (SaaS) service of binare.io

Part 1 - General

0. This Service Terms Agreement was last updated 12 October 2020.

If we change our privacy policies and procedures, we will post those 
changes on the Site to keep you aware of what information we collect, 
how we use it and under what circumstances we may disclose it. 
Changes to this Privacy Policy are effective when they are posted on this page.

Update history
    1 August 2020 : initial Terms of Service Agreement

1. Agreement. 
These Service Terms for hosted/SaaS of binare.io ("Service Terms") regulate 
your use of binare.io platform and any related services we may provide 
under the Agreement. 
The "Agreement" is made up of these "Service Terms", "Privacy Policy" and 
related particulars (name, service level/SLA, prices etc.) agreed to 
between Binare Oy ("binare", "binare.io", "We" "Us", "Our") and you as a
customer ("Customer", "You", "Your"). By signing, paying, using binare.io or 
otherwise accepting the Agreement, we grant you the right to use Our 
binare.io platform provided as a Software-as-a-Service (SaaS) service 
("binare.io", the "Service", "SaaS Service", "SaaS"), as detailed below.

2. Rights we grant you. 
We grant you a non-transferable, non-exclusive, worldwide right to use 
binare.io SaaS service as described in the Agreement, subject to Our latest 
policies, prices, and Your cleared payment (if payment is applicable).
We and Our licensors retain all and any Intellectual Property Rights ("IPR") 
in the Service and/or provided by the Service and/or other binare.io 
websites, domains, content or otherwise indentified IPR. 
The use of Service does give the Customer any right, in full or in part, 
to any part of the "IPR" that is supporting the operations of the Service, 
websites, domains. 

3. Services we provide you with. 
binare.io hosted/SaaS is delivered as a hosted service that is continuously
maintained, improved and updated. Maintenance include updated versions of Our 
and other 3rd-party software, bug-fixes and other patches, to keep the 
Service up and running. The Service is as presented and described in the 
binare.io documentation. 

4. How we improve. 
We are grateful if you help us improve the Service and any of the binare.io 
websites and domains. Your reported bugs, experienced irregularities and 
feature suggestions help us improve binare.io platform. We strive to fix 
critical issues as fast as possible. We prioritize issues according to 
severity and impact. To be able to balance the overall task load, we do so 
at Our sole discretion, unless otherwise agreed by dedicated for-payment 
Service Level Agreemen ("SLA").

5. Legal use. 
You warrant that you will not use binare.io platform and any of the binare.io 
websites and domains in a way that infringes Intellectual Property Rights 
or proprietary rights, privacy or other rights of third parties (including 
individuals and organizations), or for anything considered illegal, unethical, 
immoral. You may access binare.io platform only by use of Our public, 
documented APIs and web-interfaces, or by other means that may be described 
in the binare.io documentation. We are never accountable or liable for the
legality, illegality, and/or any and all consequences of your use. 

6. Account.
You must register an account on Our most recently accessible webpages and to 
provide accurate, truthful and up to date data as prompted by the registration 
form. This is the only personal data you must upload to binare.io hosted/SaaS 
Service. Any input and/or update to inaccurate, untruthful, misleading, 
incomplete Account registration data during the registration or during the 
use of binare.io Service represent a material breach of the Agreement and 
may represent grounds for Account blockage and/or revocation at Our sole discretion.

7. Content you upload. 
You are solely responsible for all uploaded data, including but not limited to 
firmware updates, archives, other firmware/device related artifacts, user 
account information. We strive our best, However, We reserve the right to 
and will delete any and all that can be identified at any unspecified 
time as illegal, harmful, or infringing content. 

8. Data ownership. 
You retain ownership, and/or responsibility to guarantee ownership or 
licesed used, to all data you submit. You grant us a non-exclusive,
worldwide and royalty-free right to analyze and necessary use of the data 
in order to provide You the Service and to generally improve the Service. 

9. Third party terms etc.
Third party software, including open source, is included and/or used in the 
website, software, platform, and Service of binare.io. Such software may be 
subject to various open source licenses. All our obligations with respect to 
third party open source software shall be on a reasonable commercial efforts
basis. You will comply with the terms of any software you receive from us. 
On-premise use of binare.io platform is subject to separate agreement and terms. 

10. Security.
We expect you to establish and follow adequate and latest-guidelines 
security policies. This includes using latest software to access binare.io 
website and the Service, using strong password policies on Account registraion
taking backup of all and any data deemed critical to you, setting secure 
configurations, performing penetration testing on your devices and premises, 
encrypting your data, doing risk analysis etc. The use of the binare.io 
Service does not entitle and/or guarantees You any usage comparable and/or 
similar to data backup services/software. 

11. Data protection. 
We are compliant with EU and EEA data protection regulations, including 
the General Data Protection Regulation (GDPR). Personal data is processed 
in accordance with our "Privacy Policy".

12. Force majeure.
Neither We nor You will be liable for failure or delay in performance and 
servicing caused by events beyond Our control, which may include 
(distributed) denial-of-service attacks, failure by third
party hosting provider or utility provider, security issues, strikes, 
shortages, riots, fires, war, terrorism, governmental action, any mandatory 
and/or required action by the government, and other force majeure events. 

13. As is. 
binare.io and all related components and services are provided on an "as is" 
and "as available" basis without any warranties. 
We expressly disclaim any and all warranties and claims, in full or in part, 
express or implied, including implied warranties of merchantability, 
title, fitness/unfitness for particular purpose(s) and non-infringement. 

14. Limitation of liability. 
Our total annual liability arising out of the Agreement will not exceed 
the total amount paid by you in the 12 months preceding the event causing 
your loss or damage. We will not have any liability for any loss of data, 
profits, savings, revenues, or otherwise, nor for other indirect, 
special, incidental or other consequential damages. 
This "Limitation of liability Section" and the "SLA Compensation Section" 
is the only basis for liability for us under the Agreement. You will indemnify 
and hold us harmless for any claim based on negligence (tort),
product liability or other strict liability related to devices and/or 
firmware you control or service.

15.  Confidentiality. 
We/You shall keep all personal and business information received/exchanged 
in connection with the performance of the Agreement confidential, unless 
required for such performance. If We/You give access to such confidential 
information to a third party, We/You must make sure the third party is bound 
by similar and/or stronger obligations of confidentiality.

16. Payment. 

17. Excessive Usage. 
In order for us to provide the Service at the prices and performance level 
offered, your use of binare.io must not involve excessive API calls and/or 
data traffic as compared to a significant majority of our other customers. 
Typically, excessive use of the Services is caused by misconfiguration 
or scripts with unintended growth and spikes in data traffic. If we
determine that your use of binare.io exceeds the "average normal usage", we
will notify you (to allow you to reduce the excessive usage), 
and depending on the situation, we may also technically throttle your 
usage pending you addressing the issue. 
If we notify you of your excessive usage and it continues for more than 5 days
or re-occurs more than 3 times in a 6-month period, we may terminate this
Agreement for your material breach. Alternatively, if you have special needs 
for using binare.io, we can enter into a dedicated SLA arrangement in
which you will be charged for and allowed specific excessive usage.

18. Notices and assignment.
a. Notices shall be in English and in writing and sent to legal@binare.io
b. Neither party may assign the Agreement (or any part thereof) without the 
advance written consent of the other party. Either party may, however, 
assign the Agreement in connection with a merger, reorganization, 
acquisition or other transfer of all or substantially all of such party's 
assets or voting securities. Any attempt to transfer or assign this Agreement 
except as expressly authorized under this section will be void.

19. Term and termination. 
The Agreement will remain effective until terminated in writing by either party. 
The Agreement will terminate upon expiry of the calendar month we received
your notice. 
We may terminate the Agreement with immediate effect if
a. you are in material breach the agreement, or
b. you are insolvent or initiate a general halt of payment to your creditors
Our termination other than for cause, may take place only on 60 days notice, 
unless other termination notice period is agreed to. 

20. Effects of termination. 
At most 30 days after the effective date of termination, all your data and 
accounts will be deleted without further notice. We don't refund payments made.

21. Updated terms. 
We may from time to time issue new terms for the Agreement. The new Agreement 
terms will become binding upon you if you do not object within 45 days. 
If we decide not to accommodate any objections you may have, you are entitled 
to terminate the Agreement immediately and ask for a refund of any 
pre-paid amounts. The new terms will apply until the termination is effective.

22. Publicity. 
We may use your organization's name and logo for promotional purposes, unless
you explicitly request that we don't by sending us an email to legal@binare.io. 
We strive to process your request as soon as possible.

23. Third party use. 
Unless otherwise and explicitly agreed, You may not resell or relicense, 
in full or in part, the Service (and/or any binare.io software, platform, IPR) 
as such to a third party. 
However, you may use the Service as a part of a product or service that you
combine with your own service and/or software, and use for internal 
purposess only within your organization or household. 

24. Choice of law and language. 
The Agreement is subject to the laws of Finland. The parties agree that any
disputes that arise out of this Agreement shall be settled in English 
proceedings by the court of law of Keski-Suomi District Court, Central Finland, 
Jyväskylä, as exclusive legal venue. 
The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

25. Power to agree. 
You warrant that you have validly entered into the Agreement. You are also 
responsible for the conduct of Your people and their compliance with the Agreement.