Terms of service

These Terms of Service ("Terms") are an agreement between you and Bintracer, LLC ("Bintracer," "we," "us," or "our").

You accept these Terms by affirmatively agreeing to them where they are presented to you, or by creating an account, purchasing a subscription, or submitting content to our website or the Bintracer service (the "Service"). Your access to and use of the publicly available portions of the website and Service are also subject to these Terms as posted. If you do not agree to these Terms, you may not use the Service.

Please read these Terms carefully before accepting them. They include an arbitration agreement and a class action waiver, described in the Governing Law and Dispute Resolution section, that affect how disputes between you and Bintracer are resolved.

If you use the Service on behalf of a company or other organization, you represent that you have authority to accept these Terms on its behalf. In that case, "you" includes that organization.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

Bintracer provides a security analysis service that allows users to submit software and other content for analysis in an instrumented computing environment.

The Service may analyze executable files, application bundles, libraries, packages, disk images, scripts, archives, and other supported content. Analysis may include executing, extracting, unpacking, modifying, instrumenting, monitoring, or otherwise processing submitted content.

The Service may intercept, simulate, redirect, block, modify, record, or terminate network and system activity generated during an analysis.

We may change, add, remove, or discontinue features of the Service from time to time. We may also establish or change technical limits, including limits relating to analysis duration, file size, storage, concurrency, API usage, retention, or the number of analyses available under a particular plan.

We will not materially reduce the core functionality of, or materially decrease the usage entitlements purchased under, a paid plan during its then-current paid subscription term, except where reasonably necessary to address security or abuse, comply with law, respond to circumstances outside our reasonable control, or replace a discontinued third-party dependency. If such an exception results in a permanent material reduction and we cannot provide a substantially equivalent alternative, you may terminate the affected subscription and receive a prorated refund of prepaid fees for the unused portion of the term.

You may be required to create an account to use some or all of the Service.

You are responsible for providing accurate account information and for keeping your account credentials, authentication methods, and API keys secure. You are responsible for activity performed through your account unless that activity resulted from a failure of Bintracer's security.

You may not sell, transfer, or share an individual account in a way that circumvents the limits of your subscription, and you may not create or use multiple accounts, organizations, identities, payment methods, or API credentials to evade a suspension or termination or to circumvent applicable account, user, usage, retention, or subscription limits.

If you use a Team or Enterprise account, administrators for your organization may be able to add or remove users, manage access, and control other account settings. Depending on your organization's plan and configuration, administrators and other members of your organization may be able to access Samples, Analysis Results, Custom Rules, and other content associated with the organization's account, including content you submit under that account. Organization accounts are controlled by the organization, and content submitted under an organization's account may remain accessible to the organization after you leave or are removed from it.

You must promptly notify us if you become aware of unauthorized access to your account.

Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable right, revocable as provided in these Terms, to access and use the Service for lawful personal, professional, or business security purposes.

This includes legitimate uses such as malware analysis, incident response, threat intelligence, vulnerability research, detection engineering, software analysis, authorized penetration testing, and other defensive or authorized security research.

You may not:

• resell or sublicense access to the Service unless we have agreed otherwise in writing;
• share accounts or API credentials in a manner intended to avoid applicable user or usage limits;
• copy, modify, or create derivative works of the Service itself except where permitted by law;
• reverse engineer or attempt to discover the source code of the Service except where such a restriction is prohibited by law;
• interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or its infrastructure;
• bypass or attempt to bypass technical restrictions, rate limits, subscription limits, or security controls; or
• use automated means to access the Service except through APIs or other interfaces we make available for that purpose.

The Service, website, software, user interface, documentation, trademarks, and other materials provided by Bintracer are owned by Bintracer or its licensors and are protected by applicable intellectual property laws.

Except for the rights expressly granted in these Terms, we reserve all rights in the Service.

You may submit files, software, scripts, archives, configuration data, metadata, detection rules, and other content to the Service ("User Content"). User Content submitted for analysis may also be referred to as a "Sample," and detection rules that you author or upload for use with your analyses, such as YARA or EQL rules, are referred to as "Custom Rules." The reports, behavioral observations, extracted indicators, metadata, detections, logs, classifications, and other outputs the Service generates from an analysis are referred to as "Analysis Results."

You retain any rights you have in your User Content. Bintracer does not acquire ownership of User Content merely because you submit it to the Service.

You represent that you have the rights, permissions, authorization, or other lawful basis necessary to submit the User Content and to authorize us to process it as described in these Terms.

You are not required to own software or malware that you legitimately possess or are authorized by law to analyze. You are responsible, however, for ensuring that your submission and use of that content are lawful.

Samples may contain personal information, credentials, confidential information, or other sensitive data. You are responsible for ensuring that you have a lawful basis to submit and to authorize the processing of such information and, where reasonably practicable, for avoiding the submission of sensitive information that is unnecessary for the analysis. Malware may incidentally contain stolen credentials, keys, or other live secrets. If a Sample contains live secrets under your or your customer's control, you are responsible for revoking or rotating them where reasonably practicable and authorized.

Unless Bintracer has expressly agreed otherwise in writing, you may not knowingly submit protected health information subject to HIPAA, payment-card data, government-classified information, controlled unclassified information subject to special handling requirements, material controlled under the International Traffic in Arms Regulations (ITAR), or other information whose processing would require Bintracer to enter into a specialized agreement or maintain security controls not generally included with the Service.

To provide the Service, you grant Bintracer a non-exclusive, worldwide, royalty-free license to store, copy, transmit, execute, extract, unpack, modify as technically necessary, instrument, analyze, and otherwise process User Content solely as necessary to provide, operate, secure, maintain, and support the Service, and to permit our service providers to perform those activities on our behalf, subject to appropriate confidentiality and data-protection obligations.

This license ends when it is no longer reasonably necessary for us to provide the Service or satisfy applicable legal, security, backup, or retention requirements.

Custom Rules are User Content, and you retain any rights you have in them. We process Custom Rules solely to provide the Service, including storing, validating, compiling, and evaluating them against analyses run under your account, and we do not share your Custom Rules with other customers or use them to build detection content for others.

Custom Rules do not include the built-in detection rules, rule formats, analysis technology, or other materials provided by Bintracer, which remain the property of Bintracer or its licensors. You are responsible for Custom Rules you submit, including ensuring that you have the necessary rights to any third-party rule content they contain.

Samples submitted to Bintracer are treated as non-public unless you affirmatively designate the submission as public when you submit it, as described in the Public Samples section, or you otherwise direct us to share it.

We do not intentionally make non-public Samples or their associated Analysis Results available to other Bintracer customers.

Bintracer will use commercially reasonable administrative, technical, and organizational safeguards designed to protect non-public User Content against unauthorized access, use, alteration, or disclosure. We will access, use, and disclose non-public User Content only as necessary to provide, operate, secure, maintain, or support the Service; as you direct or authorize; or as required by law. Our employees, contractors, infrastructure providers, and other service providers with access to non-public User Content are subject to appropriate confidentiality obligations.

We may preserve or disclose User Content when required by law or when reasonably necessary to investigate abuse, protect the Service, or protect the rights or safety of Bintracer or others. Where legally permitted, we will provide reasonable notice before disclosing your User Content in response to compulsory legal process.

We do not sell non-public Samples, and we do not use the contents of non-public Samples or Custom Rules to build detection content, datasets, or models for other customers. We may use aggregated or de-identified usage, reliability, and performance information that does not identify you and does not reveal the contents of non-public Samples or Custom Rules to operate, secure, analyze, and improve the Service.

Additional information about our collection, processing, retention, and protection of information is available in our Privacy Policy.

Every Sample is assigned a visibility setting at submission. Depending on your plan, you may be able to choose between private and public visibility; on plans that do not include private scans, such as the Free plan, every submission is public. The visibility that will apply is shown before you submit, and the selection applies to that submission and its Analysis Results. A Sample submitted with public visibility is a "Public Sample." Review the visibility that applies before you submit.

For each Public Sample, you grant Bintracer a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, execute, analyze, modify as technically necessary, display, distribute, and provide access to the Public Sample and its Analysis Results, and to permit other users of the Service and members of the public to access, view, download, copy, analyze, and share them, for security research, threat intelligence, detection development, education, and the operation and improvement of the Service. Public Samples and their Analysis Results may also be used to provide results to other customers, including customers who submit the same file.

Public Samples and their Analysis Results may be indexed by search engines, cached, downloaded, copied, republished, and retained by third parties. They may reveal filenames, paths, URLs, strings, metadata, embedded files, credentials, personal information, and other information contained in or generated from the Sample. Deletion or later removal from public availability cannot recall copies already obtained by third parties or eliminate all indicators, detections, or other derived materials.

You cannot change a Sample's visibility after submission; a rescan or new submission of the same file is a separate submission with its own visibility setting. Depending on your plan, you may be able to delete a Public Sample, and deleting your account removes your Samples from your account and from active availability attributable solely to your submission, subject to the exceptions described in this section and in the Retention and Deletion section. The license above continues while the Sample remains public. If a Public Sample is deleted, or if Bintracer removes it from public availability, the license ends prospectively after a reasonable processing period, except for: copies that other people have already obtained, which Bintracer cannot retrieve; temporary retention for legal, security, and backup purposes; stored content that another customer independently submitted, which remains associated with that customer's scan; and indicators, detections, threat-intelligence records, and other derived materials already developed from the Public Sample.

Do not designate a Sample as public if it contains confidential information, personal data, credentials, proprietary software, or other material that you do not have the right and authority to make publicly available. Our Public Content and Takedown Policy, which forms part of these Terms, describes the content that must not be made public and how anyone, with or without an account, can report illegal or improperly public content. To report a Public Sample that contains exposed credentials, personal information, unlawful material, or other content that should not be public, contact support@bintracer.com and include the scan URL or file hash. The Copyright Complaints section describes how to report copyright infringement.

Public Samples may contain malicious or destructive code. If you access Public Samples submitted by others, you do so at your own risk: use appropriate safeguards, and do not download or execute a Public Sample outside an appropriately isolated environment.

We may remove or restrict access to a Public Sample at our discretion, and may block re-submission of its content by file hash, including where we believe it was made public in error or violates these Terms or the Public Content and Takedown Policy. We do not undertake a general obligation to proactively monitor all Public Samples; we review reports submitted under the Public Content and Takedown Policy and will, where required by applicable law, remove or restrict content.

The Service may generate Analysis Results from an analysis, including reports, behavioral observations, extracted indicators, metadata, detections, logs, and classifications.

Subject to these Terms and any applicable third-party rights, you may use, reproduce, publish, and distribute Analysis Results generated from your submissions for lawful personal, professional, or commercial security purposes.

Bintracer retains all rights in the underlying Service, analysis technology, software, detection methods, report formats, databases, and other technology used to produce Analysis Results.

Your right to use Analysis Results does not grant you ownership of third-party software, malware, trademarks, data, or other third-party material that may appear in those results.

Samples and Analysis Results may be retained for the period applicable to your plan, as described through the Service or in an applicable order form.

We may automatically delete Samples and Analysis Results after the applicable retention period.

Deletion from active systems may not immediately remove copies maintained in backups, security logs, or other systems where temporary retention is reasonably necessary for security, legal, or operational purposes.

We may use content-addressed storage or other deduplication methods so that identical file content is stored only once. Deleting a scan does not remove stored content that another customer independently uploaded, which remains associated with that customer's scan. Deduplication does not make one customer's account information, submission history, non-public metadata, or non-public Analysis Results available to another customer, and it does not by itself disclose that another customer submitted the same file; Public Samples remain publicly visible as described in the Public Samples section.

If you cancel a paid subscription or downgrade to a plan with lower limits, the new plan's features and limits apply once the change takes effect: capabilities included only with your prior plan, such as private submissions, the use of Custom Rules in new analyses, scan deletion, and API access, stop being available; usage limits are enforced at the new plan's levels; and team members, API keys, or other access exceeding the new plan's limits may be deactivated. Your existing Samples, Analysis Results, and Custom Rules remain stored and accessible to you under your account, and you can remove them by deleting your account. If the new plan includes a shorter retention period, that period may apply to your existing content after the change.

Custom Rules, organization settings, API keys, and other account configuration are retained while your account remains active. They are deleted when you delete them or when you delete your account, subject to the downgrade provisions above and to temporary retention in backups, security logs, or other systems where reasonably necessary for security, legal, or operational purposes.

The Service is not an archival or backup service. You are responsible for maintaining independent copies of User Content, Analysis Results, and Custom Rules that you need.

Bintracer is a cybersecurity analysis service. We recognize that legitimate security research frequently requires possession, execution, and analysis of malicious software, exploit code, offensive-security tools, and other dual-use material.

You may use the Service for legitimate and authorized security purposes.

You may not use the Service:

• to gain unauthorized access to systems, accounts, or data;
• to deploy malware against systems without authorization;
• to operate command-and-control infrastructure, botnets, ransomware operations, credential theft, phishing, spam, cryptomining, extortion, or other malicious activity;
• to facilitate attacks against third parties;
• to use the Service or the public scan archive as a general-purpose file-hosting or content-distribution service, or to distribute malware or other harmful content to victims or targets;
• to deliberately publish exposed credentials, personal data, material that targets or harasses a private individual, or intimate imagery;
• to submit child sexual abuse material or any other content whose possession or distribution is unlawful;
• to intentionally collect or disclose information in violation of applicable law;
• to develop, test, or improve malicious software where the intended purpose is unauthorized or harmful activity;
• to upload content whose possession or processing is unlawful;
• to interfere with, disrupt, or exhaust the resources of the Service or another user's use of the Service;
• to probe, scan, test, or attack Bintracer's own systems or infrastructure without our prior written authorization; or
• for any other unlawful purpose.

If you believe you have discovered a security vulnerability in the Service, our Vulnerability Disclosure Policy, which forms part of these Terms, provides standing authorization for good-faith security research conducted within its scope and describes how to report what you find. Security research that complies with that policy does not violate the prohibition above on probing, scanning, testing, or attacking Bintracer's systems.

The presence of malware, exploit code, offensive-security tooling, or similar material in a submission does not by itself violate these Terms.

Content made publicly available through the Service is additionally subject to our Public Content and Takedown Policy, which forms part of these Terms.

We may investigate suspected abuse and may limit, suspend, or terminate access when we reasonably believe the Service is being used in violation of these Terms or in a way that creates a material security or legal risk.

Bintracer may offer Free, Analyst, Team, Enterprise, or other plans.

The features, usage limits, retention periods, user limits, analysis limits, API access, support levels, and other features included with each plan are described on our website, during checkout, or in an applicable order form.

The plan description and usage entitlements displayed at checkout, or stated in an applicable order form, at the time you purchase or renew a subscription form part of your agreement with us for that subscription term.

We may enforce plan limits and may restrict or suspend activity that exceeds applicable limits.

Enterprise customers may enter into a separate order form, service agreement, service-level agreement, data processing agreement, or other written agreement with Bintracer. If an agreement that you and Bintracer have signed or electronically accepted conflicts with these Terms, that agreement controls to the extent of that conflict.

Some parts of the Service are free. Other parts require a paid subscription.

Prices and billing periods are shown when you purchase a subscription or in an applicable order form. Prices include applicable taxes where required by law; in other cases, applicable taxes may be added and will be shown before you complete your purchase.

You authorize us and our payment providers to charge your selected payment method for applicable subscription fees, taxes, and other charges associated with your account.

Unless otherwise stated at the time of purchase, paid subscriptions automatically renew for successive billing periods until canceled.

You may cancel a self-service subscription at any time through the account or billing controls we provide. Unless otherwise stated, cancellation takes effect at the end of the current paid billing period, and you may continue using the paid Service until then.

Payments are non-refundable except where required by law, expressly stated at the time of purchase, provided for in these Terms, or otherwise agreed by Bintracer in writing.

If a subscription includes a free trial or introductory price, we will disclose the terms of the trial or introductory offer before you purchase, including when it ends and the price that applies afterward, and we will provide any renewal or trial-expiration notices required by applicable law.

If we change the price of a renewing subscription, the new price will apply no earlier than the next renewal after any notice required by applicable law.

We will provide the renewal, trial-expiration, price-change, and cancellation notices, confirmations, and mechanisms required by applicable law, and, where required, we will retain records of your consent to recurring charges.

We may suspend or downgrade an account if a payment is overdue or cannot be processed.

Enterprise subscriptions, invoicing, renewal, and cancellation may instead be governed by the applicable order form or other written agreement.

Nothing in this section limits any cancellation, refund, withdrawal, or other rights that cannot lawfully be waived.

If you are a consumer habitually resident in the European Economic Area or the United Kingdom, you have a statutory right to withdraw from a paid subscription contract within 14 days of concluding it, without giving any reason.

To exercise this right, send us an unambiguous statement that you are withdrawing from the contract before the 14-day period expires, by emailing support@bintracer.com from the email address associated with your account. You may use the following example statement, but you are not required to: "I hereby give notice that I withdraw from my contract for the Bintracer subscription purchased on [date] under the account [email address]."

Where the option is presented at checkout, you may expressly request that we begin providing the paid Service immediately, before the 14-day withdrawal period ends. If you make that express request and later withdraw, we may retain or charge a proportionate amount for the service provided up to the time you informed us of your withdrawal, and we will refund the remainder. If you have not made an express request for immediate performance and you withdraw within the withdrawal period, you will receive a full refund.

We will issue any refund due without undue delay and no later than 14 days after the day we are informed of your decision to withdraw, using the same means of payment you used for the purchase unless you expressly agree otherwise; you will not be charged a fee for the refund.

Nothing in these Terms limits the statutory rights you have as a consumer under the law of the country where you habitually reside, including legal guarantees of conformity for digital content and digital services.

This section applies in addition to, and does not limit, the cancellation rights described in the Fees, Billing, and Cancellation section.

We work to keep Bintracer available and reliable, but we do not guarantee that the Service will always be available, uninterrupted, secure, or error-free.

The Service may occasionally be unavailable because of maintenance, upgrades, infrastructure failures, capacity limits, security incidents, third-party service failures, or circumstances outside our reasonable control.

Unless we have agreed to a specific service level in writing, no service-level agreement applies.

We may temporarily limit or suspend analyses when reasonably necessary to protect the security, stability, or integrity of the Service.

We may make experimental, beta, preview, or evaluation features available from time to time.

Such features may be changed or discontinued at any time, may be subject to additional limitations, and may be less reliable than generally available features.

Unless otherwise agreed in writing, beta and preview features are provided without any service-level commitment.

Malware analysis and software classification are inherently imperfect.

Bintracer does not guarantee that the Service will detect every malicious behavior, identify every threat, classify every file correctly, or reproduce all behavior that would occur on another computer or environment.

Analysis Results may contain false positives, false negatives, incomplete observations, incorrect classifications, or other errors.

Malicious software may detect or behave differently inside a virtualized, sandboxed, instrumented, or otherwise controlled environment.

You should not rely on Bintracer as the sole basis for a security, legal, business, or operational decision.

Unless Bintracer expressly agrees otherwise in writing, the Service is not designed to establish forensic chain of custody, preserve evidence in a legally admissible manner, or provide expert legal or forensic conclusions.

You remain responsible for evaluating Analysis Results and determining how they should be used.

You may stop using the Service at any time. Stopping use does not by itself cancel an active subscription; to cancel, use the cancellation process described in the Fees, Billing, and Cancellation section.

We may suspend or terminate your access to all or part of the Service if:

• you materially violate these Terms;
• you fail to pay applicable fees;
• your use creates a security, legal, or operational risk;
• we reasonably believe your account has been compromised;
• we are required to do so by law; or
• we discontinue the applicable Service or plan.

Where reasonably practical, we will provide notice before terminating a paid account for reasons other than serious abuse, security risk, or legal requirements.

We may also terminate a paid subscription for convenience on at least 30 days' advance notice.

If Bintracer terminates a paid subscription for convenience, or discontinues the paid Service or plan applicable to your subscription, before the end of a prepaid term, we will refund the prepaid fees attributable to the unused portion of that term. This does not apply to suspension or termination for breach, abuse, security risk, or nonpayment.

When your account terminates, your right to use the Service ends.

User Content and Analysis Results may be deleted following termination in accordance with our then-current retention practices. You are responsible for exporting any information you need before your access ends. Except where we terminate for serious abuse, security risk, or legal requirements, we will make reasonable efforts to provide a short period after termination during which you may export your Analysis Results and Custom Rules.

If you are a customer covered by Regulation (EU) 2023/2854 (the EU Data Act), our Switching and Portability Addendum forms part of these Terms and describes your switching, export, and data-retrieval rights, which apply in addition to this section.

Sections that by their nature should continue after termination will survive it, including accrued payment obligations; provisions concerning intellectual property; the Public Samples license and its exceptions; confidentiality and privacy commitments; retention and deletion; disclaimers; limitations of liability; indemnification; dispute resolution; and provisions of an incorporated Data Processing Addendum or Switching and Portability Addendum that by their terms survive.

If you provide suggestions, ideas, bug reports, feature requests, or other feedback about Bintracer, you grant us permission to use that feedback without restriction or compensation to you.

This does not give us any rights in your private Samples or other User Content.

"Confidential Information" means non-public information that one party (the "discloser") makes available to the other party (the "recipient") in connection with the Service and that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Your Confidential Information includes your non-public User Content, Custom Rules, and non-public Analysis Results. Bintracer's Confidential Information includes non-public information about the Service's technology, security measures, detection methods, product plans, and pricing not published on our website.

The recipient will:

• use the discloser's Confidential Information solely to perform its obligations and exercise its rights under these Terms, including providing or receiving the Service;
• not disclose it to anyone other than the recipient's personnel, contractors, professional advisers, and service providers who need to know it for that purpose and who are bound by confidentiality obligations at least as protective as this section; and
• protect it against unauthorized use and disclosure using at least the degree of care it uses to protect its own similar confidential information, and no less than reasonable care.

Confidential Information does not include information that:

• the recipient already knew without an obligation of confidentiality;
• the recipient developed independently without using the discloser's Confidential Information;
• the recipient lawfully received from another source that was not under a duty of confidentiality; or
• is or becomes publicly available through no breach of these Terms.

If the recipient is legally compelled to disclose Confidential Information, it will, where legally permitted, give the discloser reasonable advance notice so that the discloser can seek protective measures, will reasonably cooperate in those efforts at the discloser's expense, and will disclose only the portion it is legally required to disclose.

On the discloser's written request, the recipient will return or destroy the discloser's Confidential Information in its possession, except that the recipient may retain copies in backups, security logs, and other systems where retention is required by law or reasonably necessary for security, legal, or operational purposes; retained copies remain subject to this section. This obligation operates alongside, and does not shorten or extend, the Retention and Deletion section and the return and deletion provisions of the Data Processing Addendum.

The obligations in this section apply for the duration of your agreement with Bintracer and for three years after the date the Confidential Information was disclosed, except that the obligations for trade secrets, and for security credentials such as passwords, private keys, and access tokens, continue for as long as the information remains a trade secret or remains confidential.

This section supplements, and does not replace or limit, the protections for non-public Samples, Custom Rules, and other non-public User Content in the Privacy of Samples section, or the confidentiality and security provisions of the Data Processing Addendum where it applies. Where those provisions are more protective of particular information, they control for that information.

The Service may use, integrate with, or link to products or services operated by third parties.

We are not responsible for third-party services that we do not control, and your use of those services may be governed by separate terms and privacy policies.

A link to a third-party website or service does not by itself mean that Bintracer endorses it.

If you believe that material on the Service infringes your copyright, you may send a notification to our designated copyright agent:
Bintracer Takedown Service
c/o Legalinc Corporate Services Inc.
131 Continental Dr, Suite 305
Newark, DE 19713, United States
Phone: +1 (844) 386-0178
Email: support@bintracer.com

Your notification should include:

• identification of the copyrighted work you claim has been infringed;
• identification of the material you claim is infringing and information reasonably sufficient to allow us to locate it;
• your name, mailing address, telephone number, and email address;
• a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• a statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf; and
• your physical or electronic signature.

We will respond expeditiously to valid copyright notifications and will remove or disable access to material where appropriate under applicable law. We may reject incomplete or invalid notifications and may take additional action under these Terms. We maintain and reasonably implement a policy providing for the termination, in appropriate circumstances, of users who are repeat infringers.

If we remove or disable access to your material in response to a copyright notification, we will take reasonable steps to notify you. If you believe the material was removed because of a mistake or misidentification, you may send our copyright agent a counter-notification that includes:

• identification of the material and its location before removal;
• a statement, made under penalty of perjury, that you have a good-faith belief the material was removed as a result of a mistake or misidentification;
• your name, mailing address, and telephone number;
• a statement that you consent to the jurisdiction of the federal district court for your address (or, if your address is outside the United States, the federal courts located in Delaware) and that you will accept service of process from the person who submitted the original notification or that person's agent; and
• your physical or electronic signature.

After receiving a valid counter-notification, we will forward it to the person who submitted the original notification, and we may restore the material within the period provided by applicable law unless that person notifies us that they have filed a court action seeking to restrain the alleged infringement.

The mere submission of copyrighted material for non-public, lawful security analysis does not, by itself, violate these Terms. Whether any particular submission or use is lawful is determined by applicable law.

Please review our Privacy Policy for information about how we collect, use, and protect personal information.

Where Bintracer processes personal data on your behalf as a processor or service provider, our Data Processing Addendum automatically forms part of these Terms and governs that processing; it does not need to be signed. If you and Bintracer have separately signed or electronically accepted a different data processing agreement, that agreement governs the processing it covers to the extent of any conflict with these Terms or the Data Processing Addendum.

You may not use, export, re-export, provide, or otherwise make the Service available in violation of applicable export-control, trade, or economic-sanctions laws.

You may not submit content subject to the International Traffic in Arms Regulations (ITAR) unless Bintracer has expressly agreed in writing to accept such content.

You represent that you are not prohibited by applicable law from receiving or using the Service.

You are responsible for complying with laws that apply to your use of the Service and to content you submit through it.

To the fullest extent permitted by law, the Service and all related materials are provided "as is" and "as available."

Bintracer disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, completely secure, compatible with every Sample, or capable of detecting or observing every malicious or relevant behavior.

We do not warrant the accuracy, completeness, or reliability of Analysis Results.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

To the fullest extent permitted by law, Bintracer and its officers, members, employees, contractors, affiliates, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, or data, arising from or relating to the Service or these Terms.

To the fullest extent permitted by law, the total aggregate liability of Bintracer for all claims arising from or relating to the Service or these Terms will not exceed the greater of:

1. the amount you paid Bintracer for the Service during the 12 months immediately preceding the first event giving rise to the applicable liability; or
2. $100.

These limitations apply regardless of the legal theory of liability and even if we have been advised that such damages are possible.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Bintracer and its officers, members, employees, contractors, and affiliates from third-party claims, damages, liabilities, costs, and reasonable legal fees arising from:

• User Content you submit;
• your unlawful or unauthorized use of the Service;
• your violation of these Terms; or
• your violation of another person's rights.

We will provide you with reasonable notice of any claim subject to indemnification. You may control the defense and settlement of the claim, provided that you may not settle any claim in a manner that admits fault by, imposes liability on, or requires non-monetary obligations from Bintracer without our prior written consent. We may participate in the defense with counsel of our choice at our own expense.

Your indemnification obligations do not apply to the extent a claim was caused by Bintracer's breach of these Terms, gross negligence, willful misconduct, or violation of law.

We may update these Terms from time to time.

If a change materially affects your rights or obligations, we will provide reasonable notice through the Service, by email, or by another reasonable method before the change takes effect, unless an earlier change is reasonably necessary for legal, security, or abuse-prevention reasons.

The updated Terms will state the date they became effective.

We will require you to affirmatively accept any change that materially and adversely affects the arbitration agreement, the class-action waiver, the limitations of liability, or our rights in non-public User Content before that change applies to you.

In addition, except for changes reasonably required to comply with law, address security or abuse, or respond to circumstances outside our reasonable control, a change that materially and adversely affects your rights under a paid plan will not apply during your then-current prepaid subscription term unless you affirmatively accept it; the change will otherwise take effect when the subscription next renews.

A change to the arbitration agreement will not apply to a dispute that arose, or of which either party had received notice, before the change took effect, unless both parties expressly agree otherwise.

Except where this section requires affirmative acceptance or defers a change to your next renewal, your continued use of the Service after updated Terms take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules.

Before filing a formal claim against Bintracer, you agree to first contact us at support@bintracer.com with a description of the dispute so we can attempt to resolve it informally. If the dispute is not resolved within 30 days after you raise it, either party may begin formal proceedings as described below. Any applicable limitations period or filing deadline will be tolled during this 30-day informal-resolution period.

Except for disputes that qualify for small-claims court, or disputes in which either party seeks only injunctive or other equitable relief for infringement of intellectual-property rights or for unauthorized access to or misuse of the Service, any dispute arising from or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA"). The AAA Consumer Arbitration Rules will apply where AAA's rules or applicable standards require their use; otherwise, the AAA Commercial Arbitration Rules will apply. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be conducted in English by a single arbitrator and, unless you and Bintracer agree otherwise, by videoconference; any in-person hearing will be held in Delaware or, if you are a consumer, at a location determined under the AAA Consumer Arbitration Rules or applicable law. If you are a consumer, Bintracer will pay arbitration filing, administration, and arbitrator fees to the extent required by the AAA Consumer Arbitration Rules or applicable law. Judgment on the arbitration award may be entered in any court with jurisdiction.

You and Bintracer agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding, and the arbitrator may not consolidate the claims of more than one person. If this class-action waiver is found unenforceable as to a particular claim, that claim, and only that claim, must be severed from the arbitration and brought in court.

You may opt out of this arbitration agreement by emailing support@bintracer.com within 30 days of first accepting these Terms, stating your name, the email address associated with your account, and that you are opting out of arbitration. A valid and timely opt-out applies to this and future versions of the arbitration agreement unless you and Bintracer later expressly agree in writing to arbitrate. Opting out affects only the arbitration agreement and does not affect the remainder of these Terms.

If a dispute proceeds in court rather than arbitration, whether because you opted out of arbitration, the dispute falls outside the arbitration agreement, or the arbitration agreement is found unenforceable, the dispute will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, you and Bintracer consent to jurisdiction in those courts, and each party waives its right to a trial by jury to the fullest extent permitted by law.

Except where prohibited by applicable law, any claim arising from or relating to these Terms or the Service must be filed within one year after the claim accrued, or it will be permanently barred.

Nothing in this section waives any right to seek public injunctive relief where such a waiver is prohibited by applicable law.

If you are a consumer, the choice-of-law and dispute-resolution provisions in these Terms apply only to the extent permitted by applicable law and do not deprive you of any mandatory protections, or of access to any forum, available to you under the law of the country or state where you habitually reside.

Nothing in these Terms limits rights or remedies that cannot be waived under applicable law, and nothing in this section prevents either party from asking a court for interim or provisional relief to protect its rights while an arbitration is pending.

These Terms, together with any applicable order form, plan descriptions, the Data Processing Addendum where it applies, the Switching and Portability Addendum where it applies, the Public Content and Takedown Policy, the Vulnerability Disclosure Policy, and other policies expressly incorporated into them, constitute the entire agreement between you and Bintracer regarding the Service unless we have entered into another written agreement governing your use of the Service.

If the documents that make up your agreement with Bintracer conflict, then to the extent of the conflict: a signed, electronically accepted, or incorporated data processing addendum or agreement controls for the data-processing matters it covers; the Switching and Portability Addendum controls for the switching and data-retrieval matters it covers; a separately signed service-level agreement controls for service-level matters; a separately signed order form controls pricing, term, plan selection, usage commitments, and other order-specific commercial terms; these Terms control all other matters; and other incorporated plan descriptions and policies follow these Terms.

We may provide notices, disclosures, and other communications to you electronically, including by email to the address associated with your account or by posting them through the Service, and, subject to applicable law, electronic notices are effective when sent or posted. Legal notices to Bintracer must be sent to the mailing address in the Contact section, with a copy by email to support@bintracer.com, and are effective when received. The postal-mail requirement in this paragraph does not apply where another provision of these Terms, an incorporated policy, or applicable law permits or requires notice by another method, including notices relating to cancellation, withdrawal, privacy rights, switching, copyright, vulnerability reports, content reports and appeals, security incidents, or communications and orders from competent authorities.

You and Bintracer are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, or fiduciary relationship, and, except as expressly stated in these Terms, there are no third-party beneficiaries to these Terms.

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or similar business transaction.

Neither party is liable for a failure or delay caused by circumstances beyond its reasonable control, except for payment obligations.

Headings are provided only for convenience and do not affect the interpretation of these Terms.

For questions about these Terms of Service, contact:

Bintracer, LLC
c/o Legalinc Corporate Services Inc.
131 Continental Dr, Suite 305
Newark, DE 19713, United States
Website: bintracer.com
Email: support@bintracer.com