1. Yes, This Is a Real Contract
We have done our best to avoid most of the legal mumbo jumbo that typically makes these things confusing to normal people, but a few legal concepts are unavoidable — like this one: When you click “I Agree” at the bottom or otherwise use the service, you are entering into a contract with RF whereby you agree to abide by the TOU. From time to time we’ll be making tweaks to our TOU. You promise to abide by the new rules of the road as soon as they are posted here. If you have an issue with anything we put in the TOU, you should not use the service because changes to the TOU will become effective immediately and your use of the service is always subject to the latest version of the TOU. Any information to which these TOU hyperlink are incorporated herein by reference and made an integral part of these TOU.
2. What You’re Getting and Not Getting
RF will provide you with access to the service via a password-protected URL designated by RF. How you access that URL is your responsibility. Each RF password authorizes a single end user to access the service and can’t be used on more than one machine at a time — in other words, feel free to access the service from any computer you’d like, but multiple simultaneous logins with the same password are prohibited. Passwords are issued to you for your own use only, so don’t go sharing yours with anyone else.
You can’t always get what you want, and we can’t give you permission to reverse engineer any part of the service. Additionally we can't give you permission to redistribute or make copies, derivative works of (that means the content too) or use it except for your own internal purposes (unless you purchase a Derivative Use License, "DRV," of course). You also agree not to publish any performance or benchmark test or analyses relating to the service or the use thereof without our prior written consent. Any distribution without the purchase of specific DRV user seats by Customer of reports, content or output generated by the Service to any entity, person, or group without Recorded Future’s express written authorization is strictly prohibited. RF is constantly striving to make the service better. We have to have discretion to make changes to it as we see fit. RF offers limited email support for the service as described in the Help section of our website and RF reserves the right to change its support policy at any time. You can not gather, or attempt to gather, by any automated means, including “screen scraping” or "database scraping," content or any other portion of RF content. Programatic access to RF content is available via a Developer API license. You can not employ the RF content, or RF software, or both for any unlawful purpose.
The service and the RF name and logo are the property of RF and are protected by international treaties and laws of the US and other countries, and, just to be clear, you’re not getting any rights in those things (other than the right to access and use the service per the TOU).
3. Access to the RF Services
- If you are a subscriber to our Cyber Daily Lite, we’re giving you access to that service free of charge. We can’t promise the Cyber Daily Lite service will stay that way forever. Your constructive feedback is all we ask for at this stage. And just so there are no misunderstandings in that regard, the feedback you give us will become the property of RF for us to use or not use as we see fit with no obligation to you.
- If you are a subscriber to the full Recorded Future service, your access (beyond any gratis trial period granted to you — which period would be subject to these TOU in all other respects) is conditioned on you paying RF a fee. In the event you lose your access to the service for any reason, including for non-payment of fees, you will lose any stored configurations and other data and settings associated with your account, and RF will not be liable to you or any third party for such loss (see Section 4).
4. Nobody’s Perfect
Okay, here are some additional but unavoidable legalisms: We think this is a rocking good service, but RF unfortunately can’t make any guarantees as to its availability, accuracy, completeness or any other aspect. RF makes the service available to you on an “as is” and “as available” basis. ACCORDINGLY, YOU ASSUME ALL RISKS IN USING THE SERVICE, INCLUDING WITHOUT LIMITATION FOR TRADING PURPOSES, AND RF WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS AND EXPENSES SUFFERED OR INCURRED BY YOU OR ANY THIRD PERSON UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING OUT OF ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICE, ANY CANCELATION OF ALL OR PART OF THE SERVICE, AND ANY INACCURACIES, ERRORS OR OMISSIONS IN THE SERVICE. RF MAKES NO WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. Under no circumstances will RF be liable for any indirect, incidental, special or consequential damages with respect to the subject matter of these TOU, including lost profits, regardless of whether such damages could have been foreseen or prevented by RF. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANYTHING INCONSISTENT WITH THIS PARAGRAPH.
Please don’t think we’re being unreasonable here – most of this is all pretty standard.
Because we are based in the United States, you have to comply with US export laws and regulations in providing and using the service. You represent that you are not named on any US government list of persons or entities prohibited from receiving exports, and you or users administered by you shall not use the service in violation of any US export embargo, prohibition or restriction.
And one more thing — as you surely know, you cannot use the service for any illegal purposes. That means you will not use the service for anything that is against the laws of any country or state. Don’t do anything we wouldn’t do.
5. General Stuff
This contract between you and us begins when you start to use the service. It ends when either you or we say it ends — you by ceasing all use of the service, or RF by discontinuing the service or your access to it (which we technically have to have a right to do at any time). If for any reason we terminate the service or your access thereto, you agree that your sole and exclusive remedy is a pro-rata refund of any fee you paid to RF in advance of such termination.
For legal purposes, this contract will be considered made in Massachusetts and interpreted under Massachusetts law. Your right to use the service was given to YOU, which means you can’t transfer that right or palm off your obligations on anyone else. There’s no joint venture, partnership, agency or fiduciary relationship between you and RF just because you agree to the TOU and use the service. If this contract terminates, the provisions of Sections 1, 4 & 5 of the TOU will still apply.
Finally, these TOU are the entire agreement between you and RF regarding the service and supersede any prior communications and understandings, whether oral or in writing, concerning the subject matter of these TOU.
We hope you enjoy using the service — we’d love to hear your feedback!