Terms of Use

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you (“You” or “User”) and BaselineSentinel (“BaselineSentinel,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the BaselineSentinel website, application, application programming interfaces (APIs), and any content, functionality, or services offered on or through the same (the “Service”).

Please read these Terms of Use carefully before you start to use the Service. By accessing or using the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in “Governing Law and Jurisdiction” will not apply to any disputes for which we had actual notice on or prior to the date the change is posted.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Service

We reserve the right to withdraw or amend the Service, and any service or material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. Access may be suspended temporarily or permanently without liability.

You are responsible for ensuring that all persons who access the Service through your account or your internet connection are aware of these Terms of Use and comply with them.

4. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by BaselineSentinel, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Service for your lawful business or personal use in accordance with these terms only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as necessary to use the Service as intended (e.g., viewing in a browser, exporting data as permitted by the Service).

No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by BaselineSentinel. Any use of the Service not expressly permitted by these Terms of Use is a breach hereof and may violate copyright, trademark, and other laws.

5. Trademarks

The BaselineSentinel name and all related names, logos, product and service names, designs, and slogans are trademarks of BaselineSentinel or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). You agree not to use the Service to transmit any malware, to attempt to gain unauthorized access to any system or data, to interfere with or disrupt the Service or servers, or to violate any third-party rights. We may suspend or terminate your access for violation of these terms.

7. Reliance on Information Posted

The information and outputs presented on or through the Service (including but not limited to inventory data, security findings, cost recommendations, compliance reports, monitoring alerts, and any other data, recommendations, or analyses) are made available solely for general information purposes. We do not warrant the accuracy, completeness, reliability, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or anyone who may be informed of any of its contents.

The Service may include content or outputs that depend on third-party data (e.g., AWS APIs, third-party status pages). We are not responsible for the content or accuracy of any materials provided by third parties. You are solely responsible for evaluating and acting (or not acting) on any information from the Service.

8. Not Professional Advice

The Service does not constitute legal, regulatory, compliance, security, audit, or financial advice. Nothing on or through the Service should be relied upon as a substitute for professional advice tailored to your situation. You are responsible for obtaining appropriate professional advice. We are not responsible for any regulatory, contractual, legal, or business outcomes resulting from your use of the Service.

9. Use at Your Own Risk

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” You use the Service entirely at your own risk. We do not guarantee that the Service or any data, recommendations, alerts, or outputs will be accurate, complete, reliable, timely, secure, or free of errors or defects. Any decisions you make based on the Service—including but not limited to security, compliance, cost, or operational decisions—are solely your responsibility.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BASELINESENTINEL NOR ANY PERSON ASSOCIATED WITH BASELINESENTINEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER BASELINESENTINEL NOR ANYONE ASSOCIATED WITH BASELINESENTINEL REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SYSTEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BASELINESENTINEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BASELINESENTINEL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless BaselineSentinel, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Service (including any data or actions taken based on the Service), your violation of any third-party rights, or any use of your account by any person, whether or not authorized by you.

13. Your Responsibilities

You are responsible for: (a) maintaining the security of your account and credentials, including any MFA or API keys; (b) ensuring your use of the Service complies with applicable laws and your own policies; (c) the configuration, security, and use of any AWS or third-party resources or integrations connected to the Service; and (d) any data you submit and any actions you take (or fail to take) based on the Service. We are not responsible for misuse of your account or for outcomes resulting from your reliance on the Service.

14. Geographic Restrictions

The owner of the Service is based in the State of Texas in the United States. We provide the Service for use by persons located in the United States and other jurisdictions where the Service may legally be offered. We make no representation that the Service or any of its content is accessible or appropriate outside of such territories. Access may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15. Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, and you consent to the personal jurisdiction of such courts. We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Waiver and Severability

No waiver by BaselineSentinel of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BaselineSentinel to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement

These Terms of Use and our Privacy Policy (and, where applicable, our Cookie Policy) constitute the sole and entire agreement between you and BaselineSentinel with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.

18. Contact

This Service is operated by BaselineSentinel. All feedback, comments, requests for technical support, and other communications relating to the Service or these Terms of Use should be directed to: [email protected].