Terms of Service

1. Agreement

1.1 These Terms of Service (the "Terms"), together with the Acceptable Use Policy (which forms part of them) and any order form or written agreement that refers to them, are a binding agreement between you and the operator of this UNMASK service ("we", "us", "our"). The Privacy Notice and the Trust page describe how we handle data; they are notices and not part of this agreement unless a written agreement says otherwise.

1.2 You accept these Terms by ticking the acceptance box when asked, or by using the Service. If you do not accept them, you must not use the Service.

1.3 If you accept these Terms on behalf of an organisation, you confirm that you have authority to bind it, and "you" means that organisation and each person who uses the Service under its account. The organisation is responsible for everything its users do.

1.4 The Service is for professional and business use only. You confirm that you are not using it as a consumer, and that you are at least 18 years old.

2. Definitions

Service

The UNMASK software made available to you at this address, including its features, reports, exports and share links.

Case

A record in the Service holding targets, scans, findings, notes and conclusions for one investigation.

Subject

Any person, living or not, or any organisation, that a Case researches or that appears in a finding.

Findings

Everything the Service produces or returns: matches, scores, links, snapshots, reports and exports.

Customer Data

Everything you or your users put into the Service or cause it to collect, including targets, Findings, notes, authorisation records and assessments.

Third-Party Sources

Websites, search engines, breach-notification services, public records, APIs and open-source tools that the Service queries or runs, and that we do not control.

Applicable Law

Every law, regulation, code of practice and binding order that applies to you, your users, your Subjects or your use of the Service. Depending on where you and your Subjects are, this may include data protection law (such as the EU and UK GDPR, Singapore's Personal Data Protection Act 2012, and US state privacy laws), anti-stalking and harassment law, computer misuse law, consumer reporting law (such as the US Fair Credit Reporting Act), employment and anti-discrimination law, and the terms of the Third-Party Sources.

3. What the Service is, and is not

3.1 The Service automates searches of publicly available information and Third-Party Sources, groups the results, and estimates how likely each result is to relate to a Subject. It helps a trained person investigate. It does not investigate on its own, and it does not decide anything.

3.2 Findings are probabilistic leads, not facts. Scores, labels such as "Likely" or "Page checked", matches between accounts and suggested duplicates are estimates made automatically from incomplete information. They can be wrong, out of date, or about a different person with a similar name or handle. The Service does not verify anyone's identity.

3.3 The Service is not a consumer reporting agency, background-check provider, private investigator, law firm or security consultant, and we do not give legal, investigative or professional advice. Nothing in the Service tells you whether an investigation or a use of its results is lawful.

3.4 We do not review your Cases, choose your Subjects or check your authorisation. The authorisation note and lawful-basis confirmation that the Service asks for are records you make; they are not an approval from us.

4. Your responsibilities

You are solely responsible for, and you must:

1. use the Service only in compliance with Applicable Law and the Acceptable Use Policy;
2. decide, before each Case, whether the investigation is lawful, necessary and proportionate, and keep it within that purpose;
3. independently verify every Finding before you rely on it, repeat it, or act on it, and never present an unverified Finding as established fact;
4. give any notice to, and obtain any consent from, Subjects that Applicable Law requires, and handle their requests to access, correct or delete their data;
5. carry out any data protection impact assessment or legitimate-interests assessment that Applicable Law requires;
6. set retention periods that are no longer than necessary, and delete Cases you no longer need;
7. share Cases, reports, exports and share links only with people who are authorised to see them, and revoke access when it is no longer needed;
8. ensure that everyone who uses the Service under your account has read these Terms, is trained, and complies with them;
9. keep any API keys, proxy credentials and webhooks you configure lawful to use for this purpose and within their providers' terms; and
10. tell us promptly at our contact address if you learn of any misuse of the Service or any unauthorised access to your account.

5. Lawful basis and authorisation

5.1 Each time you create a Case you represent and warrant that: (a) you have a lawful basis under Applicable Law for collecting and using personal data about each Subject for that Case; (b) you are authorised to carry out the investigation by the person or organisation entitled to authorise it, or by the Subject; (c) the authorisation note you record is accurate and complete; and (d) the investigation does not fall within any use prohibited by the Acceptable Use Policy.

5.2 These representations are repeated every time you run a scan, capture a page, export data or create a share link. We rely on them in making the Service available to you.

6. Regulated decisions

6.1 You must not use Findings, alone or as a significant factor, to make a decision that produces legal effects for a person or similarly significantly affects them, including decisions about their eligibility for employment, credit, insurance, housing, education, government benefits or a licence, unless you have first complied with every requirement of Applicable Law for that decision (for example, the permissible-purpose, notice, consent, accuracy and dispute requirements of the US Fair Credit Reporting Act, and rights relating to automated decision-making under data protection law).

6.2 You agree that the Service is not furnished, and that you will not use it, as a "consumer report" or for any purpose that would make us a consumer reporting agency. If Applicable Law would treat your use as such, that use is prohibited.

6.3 Every decision about a person must be made by a human who has reviewed the underlying evidence.

7. Data protection roles

7.1 As between you and us, you are the controller (or "organisation", under Singapore's PDPA) of all personal data in Customer Data. You decide why and how it is processed. Where we host the Service for you, we process Customer Data only on your documented instructions (which include your use of the Service's features) and as a processor (or "data intermediary") for you. A data processing agreement is available on request and, once signed, prevails over this section.

7.2 Where the Service is self-hosted by you or your organisation, we do not receive, host or process Customer Data at all, and you are solely responsible for the infrastructure, its security and the data on it.

7.3 Our own processing of account data (for example, your email address and sign-in records) is described in the Privacy Notice.

7.4 If a Subject, regulator or other person contacts us about Customer Data, we will, where lawful, refer them to you, and you will deal with the request.

8. Third-party sources and tools

8.1 To produce Findings the Service sends identifiers you provide (for example a username, email address, name or domain) to Third-Party Sources, and retrieves what they return. The Trust page lists the kinds of sources involved. You are responsible for deciding whether sending a given identifier to them is lawful and appropriate.

8.2 We do not control Third-Party Sources and make no promise about their availability, accuracy, legality, completeness or continued support. They may block, rate-limit, change or withdraw access at any time, and their own terms apply to your use of them.

8.3 Open-source tools included in the Service are provided under their own licences, which prevail for those tools.

9. Accounts and security

9.1 Accounts are personal. You must keep credentials confidential, use a strong password, and not share an account. You are responsible for all activity under your account, whether or not you authorised it, until you tell us it has been compromised.

9.2 The Service records an audit trail of activity, including sign-ins, the Cases viewed, decisions, exports and share-link views. You consent to this record being kept and used to operate, secure and investigate misuse of the Service, and to it being disclosed as described in section 11 and the Privacy Notice.

10. Intellectual property

10.1 We (and our licensors) own the Service and all rights in it. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right to use it for your internal business purposes while your account is active.

10.2 You keep whatever rights you have in Customer Data. You grant us the rights necessary to host, process and display Customer Data solely to provide the Service to you.

10.3 You make no claim that Findings are owned by you or by us: much of the underlying information belongs to others and may be protected by copyright, database rights or confidentiality. You are responsible for your use of it.

10.4 If you send us feedback or suggestions, we may use them freely and without obligation to you.

11. Suspension and termination

11.1 You may stop using the Service at any time.

11.2 We may suspend or terminate your access, or any Case, share link or feature, immediately and without liability if: (a) we reasonably believe you are in breach of these Terms or the Acceptable Use Policy; (b) your use creates a risk of harm to any person, to the Service or to us; (c) we are required to by law, a court or a regulator; or (d) we stop providing the Service. Where it is lawful and practical we will tell you why.

11.3 We may preserve Customer Data and audit records, and disclose them to a court, regulator, law enforcement authority or a person harmed, where we believe in good faith that this is required by law or necessary to prevent or investigate serious harm, fraud or a breach of these Terms.

11.4 On termination your right to use the Service ends. Unless the law requires otherwise, Customer Data will be deleted in line with the retention settings described on the Trust page. Sections 3, 4, 6, 7, 10.3, 11.3 and 12 to 17 survive termination.

12. Disclaimers

12.1 To the fullest extent permitted by law, the Service and all Findings are provided "as is" and "as available", with all faults and without warranty of any kind. We and our licensors disclaim all warranties, conditions and representations, whether express, implied or statutory, including any as to accuracy, completeness, currency, reliability, identity of any Subject, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and uninterrupted, secure or error-free operation.

12.2 We do not warrant that the Service, or any use you make of it, is lawful in your jurisdiction or for your purpose. That determination is yours.

12.3 Nothing we say on the Trust page, in documentation or in the Service creates a warranty unless it is stated in a signed written agreement.

13. Limitation of liability

13.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under Applicable Law.

13.2 Subject to 13.1, and to the fullest extent permitted by law, we will not be liable to you or anyone claiming through you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: (a) any loss of profit, revenue, business, contracts, goodwill or anticipated savings; (b) any loss or corruption of data; (c) any decision made, or action taken or not taken, in reliance on a Finding; (d) any claim by a Subject or other third party arising from your use of the Service; (e) any fine, penalty or regulatory sanction imposed on you; or (f) any indirect, special, incidental, consequential, exemplary or punitive loss, in each case even if it was foreseeable or we were told it might happen.

13.3 Subject to 13.1, our total aggregate liability arising out of or in connection with the Service and these Terms in any 12-month period is limited to the greater of (a) the fees you paid us for the Service in the 12 months before the event giving rise to the claim, and (b) one hundred (100) United States dollars.

13.4 You agree that these limits are reasonable given the nature of the Service, that the fees (if any) reflect them, and that they apply even if a remedy fails of its essential purpose.

14. Indemnity

14.1 You will defend, indemnify and hold harmless us, our affiliates and our and their officers, employees, contractors and licensors from and against all claims, demands, proceedings, investigations, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your or your users' use of the Service or of any Finding; (b) Customer Data, including any claim that collecting or using it infringed a person's rights; (c) any breach of these Terms, the Acceptable Use Policy or Applicable Law by you or your users; (d) any claim by a Subject; and (e) any investigation or action by a regulator or authority concerning your use of the Service.

14.2 We will tell you promptly of any claim for which we seek indemnity, let you control its defence with counsel reasonably acceptable to us, and give you reasonable help at your cost. You will not settle any claim in a way that admits fault on our part or imposes an obligation on us without our written consent. We may take part in the defence with our own counsel at our own cost.

15. Changes

15.1 We may change the Service, including adding, changing or removing features and Third-Party Sources, at any time.

15.2 We may update these Terms. For a change that materially affects your rights or obligations we will ask you to accept the new version before you continue to use the Service; if you do not accept, you must stop using it. Other changes take effect when published here. The version and effective date are shown at the top of this page.

16. Law and disputes

16.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the Service are governed by the laws of Singapore, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 The courts of Singapore have exclusive jurisdiction to settle any such dispute or claim, except that we may seek urgent injunctive or other equitable relief in any court of competent jurisdiction to protect people, the Service or our rights.

16.3 Before starting proceedings (other than for urgent relief), the party with the complaint will give the other written notice of it, and both will try in good faith to resolve it within 30 days.

17. General

17.1 Entire agreement. These Terms, the Acceptable Use Policy and any signed written agreement that refers to them are the entire agreement between us about the Service and replace any earlier understanding. You have not relied on any statement not set out in them. If a signed written agreement conflicts with these Terms, the signed agreement prevails.

17.2 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest of these Terms will continue in force.

17.3 No waiver. A failure or delay in exercising a right is not a waiver of it.

17.4 Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or to a successor to the Service.

17.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including the unavailability or withdrawal of Third-Party Sources.

17.6 Third parties. No one other than you and us (and, for section 14, the persons indemnified) has any right to enforce these Terms, including under the Contracts (Rights of Third Parties) Act 2001 (Singapore) or any similar law.

17.7 Relationship. Nothing in these Terms creates a partnership, agency or employment relationship.

17.8 Notices. We may give you notice in the Service or by email to your account address. You may give us notice at the contact address published by the operator of this service.

17.9 Language. These Terms are written in English, and the English version prevails over any translation.