Terms of Use
1. Acceptance of Terms
PLEASE READ THESE TERMS OF USE ("TERMS", "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OPERATED BY DastPilot, INC. ("COMPANY", "WE", "US", OR "OUR"). BY ACCESSING OR USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, REGISTERING FOR AN ACCOUNT, OR SUBMITTING CONTENT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND CAPACITY AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICE. The materials contained herein are protected by applicable copyright, trademark, patent, and other applicable intellectual property and proprietary rights laws. We reserve the right, in our sole and absolute discretion, to modify, alter, or otherwise update these Terms at any time and for any reason, with or without prior notice to you, and your continued use of the Service following such modification constitutes your acceptance thereof. These Terms together with any additional terms, conditions, and policies incorporated herein or by reference constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior agreements and understandings.
2. Description of Service
The Company provides a software-as-a-service platform offering Dynamic Application Security Testing ("DAST") capabilities for application programming interfaces ("APIs"), accessed via a web-based portal and application programming interface, including related features, content, functionality, tools, documentation, data, and updates (collectively, the "Service"). The Service allows registered users to submit API specification documents (including OpenAPI and Swagger formats) and to configure automated security scan jobs that generate and transmit HTTP requests to designated target API endpoints for the purpose of identifying potential security vulnerabilities. The Service is subject to change, modification, suspension, or discontinuation at any time at the Company's sole discretion, with or without notice and without liability to you. The Company makes no representation or warranty that the Service will be available at any particular time or location, or that it will meet your specific requirements. Certain features of the Service may be subject to additional terms which are incorporated herein by reference. The Service is provided solely for use against API systems that you own or for which you have obtained explicit written authorization from the system owner. Any use of the Service for any other purpose is strictly prohibited and may constitute a violation of applicable law.
3. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way; (c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent; (e) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; (f) in any way that infringes upon the rights of others or in any way is illegal, threatening, fraudulent, or harmful; or (g) in any manner that could disable, overburden, damage, or impair the Service. You are solely and exclusively responsible for ensuring that you own or have obtained all required authorizations, permissions, and consents necessary to submit any API target for security scanning. Unauthorized security testing of third-party systems or infrastructure may constitute a criminal offense under applicable computer fraud and abuse legislation. Any violation of this section may result in immediate and permanent termination of your account without notice or refund and may be reported to relevant law enforcement authorities. The Company reserves all rights to investigate violations and to cooperate with law enforcement in prosecuting users who violate these Terms.
4. Account Registration and Security
To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete at all times. Failure to do so shall constitute a material breach of these Terms and may result in immediate termination of your account. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password, and for all activities that occur under your account whether or not authorized by you. You agree to immediately notify the Company at contact@dastpilot.com of any actual or suspected unauthorized use of your account, or any other actual or suspected breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not transfer or assign your account or any rights under your account to any other party. The Company reserves the right to refuse registration, cancel accounts, or remove or edit content at its sole discretion and without prior notice.
5. Payment Terms
Access to certain features of the Service requires payment of applicable fees. The Company reserves the right to change its fee structure at any time upon notice as specified in these Terms. Current pricing is displayed on our pricing page. The Service is currently billed at a per-API rate based on the number of API definitions in your submitted OpenAPI specification files. All new accounts may be eligible for a free trial period as indicated on the Company's pricing page; at the conclusion of the trial period, your account will automatically convert to a paid subscription unless cancelled prior to the end of the trial. Payments are processed by third-party payment processors and are subject to their terms and conditions. You represent and warrant that you are authorized to use the payment method you provide and authorize the Company to charge such payment method for all fees incurred. All fees are exclusive of applicable taxes, levies, or duties. All payments are non-refundable except as otherwise required by applicable law or expressly stated herein. Unpaid invoices may result in suspension or termination of your account. In the event of a dispute regarding billing, please contact contact@dastpilot.com within 30 days of the charge.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL IDENTIFY ALL SECURITY VULNERABILITIES IN ANY API OR SYSTEM, AND ASSUMES NO LIABILITY FOR ANY SECURITY INCIDENTS, BREACHES, OR DAMAGES RESULTING FROM VULNERABILITIES THAT WERE NOT IDENTIFIED BY THE SERVICE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such cases, the above limitation will apply to the maximum extent permitted by applicable law.
7. Termination
These Terms are effective until terminated. The Company may, in its sole and absolute discretion and without notice or liability, immediately terminate or suspend your account and your access to the Service for any reason, including without limitation: (a) if you breach any provision of these Terms; (b) upon receipt of requests by law enforcement or other government agencies; (c) upon discontinuance or material modification of the Service; (d) due to unexpected technical or security issues; (e) extended periods of inactivity; or (f) non-payment of fees. Upon termination for any reason, your right to use the Service immediately ceases. You may also terminate your account at any time by contacting us or using any self-service cancellation feature in the Service interface, provided that cancellation will take effect at the end of the then-current billing period and no refund will be issued for any prepaid fees. Following termination, the Company may, but is not obligated to, retain your data for a period of time as set forth in our Privacy Policy, after which it will be permanently deleted. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Governing Law
These Terms and any dispute or claim arising out of or related to them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with applicable law, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in courts of competent jurisdiction, and you irrevocably submit to the exclusive jurisdiction of such courts and waive all objections to the exercise of jurisdiction by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions will continue in full force and effect. These Terms do not create any third-party beneficiary rights, and no failure by the Company to exercise or enforce any right or provision shall constitute a waiver of such right or provision.
9. Contact
All questions, notices, requests, demands, and other communications relating to these Terms should be addressed to contact@dastpilot.com. You agree that electronic communications satisfy any legal requirement that such communications be in writing. All notices from the Company to you may be provided by email, posting to the Service, or by other means deemed appropriate by the Company. The Company's failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so thereafter.