Last Updated: December 1, 2024
Welcome to Borealis Security. By accessing or using our website, products, services, applications, tools, and features (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Services.
Important: These Terms constitute a legally binding agreement between you and Borealis Security LLC ("Borealis Security," "we," "us," or "our"). By clicking "I Agree," accessing our Services, or otherwise demonstrating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of that organization. In that event, "you" and "your" refer to that organization.
Borealis Security provides comprehensive cybersecurity solutions designed to protect businesses and organizations from evolving digital threats. Our Services include, but are not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
To use our Services, you must:
Organizations must designate authorized representatives who meet the above criteria to act on their behalf.
Some Services require you to create an account. When creating an account, you agree to:
You are solely responsible for maintaining the confidentiality of your account credentials. We strongly recommend:
Security Notice: Borealis Security will never ask for your password via email, phone, or any other communication method. Any such request should be treated as fraudulent.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
Violation of this Acceptable Use Policy may result in immediate termination of your access to our Services and potential legal action.
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of Borealis Security or our licensors and are protected by United States and international intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes only. This license does not include any right to:
You retain ownership of any content you submit to our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing our Services to you.
Any feedback, suggestions, or ideas you provide regarding our Services becomes our property, and we may use such feedback without compensation or attribution to you.
Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, protect, and share your personal information. By using our Services, you consent to our collection and use of your information as described in our Privacy Policy.
We are committed to protecting your privacy and complying with applicable data protection laws, including:
Certain Services require payment of fees. By purchasing paid Services, you agree to:
For subscription-based Services:
All fees are non-refundable except:
While we strive to maintain high availability, we do not guarantee uninterrupted or error-free operation of our Services. We provide our Services "AS IS" and "AS AVAILABLE" without any warranties of any kind.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOREALIS SECURITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
While we provide industry-leading security services, no security solution can guarantee 100% protection against all threats. You acknowledge that:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOREALIS SECURITY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF:
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
You agree to indemnify, defend, and hold harmless Borealis Security and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
You may terminate your account and stop using our Services at any time by:
We may suspend or terminate your access to our Services immediately, without prior notice or liability, if:
Upon termination:
Before filing a claim, you agree to try to resolve any dispute informally by contacting us at legal@borealissecurity.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or Borealis Security may bring a formal proceeding.
You and Borealis Security agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Anchorage, Alaska, or another mutually agreeable location.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
These Terms and any dispute arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the State of Alaska, without regard to its conflict of law principles.
Subject to the arbitration agreement above, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Anchorage, Alaska, and you hereby consent to personal jurisdiction and venue therein.
We may modify these Terms at any time. If we make material changes, we will notify you by:
Your continued use of our Services after any changes indicates your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.
Tip: We recommend reviewing these Terms periodically to stay informed about any changes. You can subscribe to our legal updates newsletter to receive notifications about important changes to our Terms, Privacy Policy, and other legal documents.
If you have any questions, concerns, or comments about these Terms of Service, please contact us:
Phone
Address
35173 Kenai Spur Hwy
Soldotna, AK 99669
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Borealis Security regarding our Services.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.
Neither party shall be liable for any failure or delay in performance under these Terms arising out of causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.