Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of PerimAssure ("Service"), a product operated by Performant Ventures Ltd ("Company", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

PerimAssure provides automated, continuous external attack surface management and penetration testing services. The Service utilizes proprietary artificial intelligence and automated scanning techniques to identify potential security vulnerabilities in digital assets (e.g., domains, IP addresses, web applications) that you explicitly authorize us to scan.

3. Authorization and Ownership Verification

CRITICAL REQUIREMENT: YOU MUST OWN OR HAVE EXPLICIT AUTHORIZATION TO SCAN THE TARGET ASSETS.

By submitting any digital asset (domain, IP address, URL) to the Service for active scanning, you represent, warrant, and covenant that:

• You are the legal owner of the asset, or you have obtained explicit, written authorization from the legal owner to subject the asset to security scanning and penetration testing.
• You have completed our mandatory ownership verification process (e.g., DNS TXT record or file-based verification) in good faith.
• The scanning of the asset does not violate any applicable laws, regulations, or third-party terms of service (including hosting provider agreements).

We reserve the right to immediately terminate your account and report your activities to relevant authorities if we suspect you are using the Service to scan assets without proper authorization.

4. Nature of Automated Scanning

You acknowledge and agree that:

• The Service employs automated tools and AI models that interact with your systems in ways that mimic malicious actors.
• While we employ "active-safe" methodologies designed to minimize disruption, automated scanning inherently carries risks, including but not limited to: service degradation, temporary unavailability, unexpected application behavior, or the triggering of internal security alerts.
• The Service is not a substitute for comprehensive manual penetration testing or a holistic information security program.
• The absence of findings does not guarantee that your systems are secure or free from vulnerabilities.
• We do not guarantee the detection of all vulnerabilities, including but not limited to zero-day exploits, highly complex business logic flaws, or vulnerabilities requiring authenticated access beyond our scope.
• To protect our methodology and prevent tipping off malicious actors, we do not disclose the exact technical details, payloads, or signatures of all checks performed by the Service.

5. Limitation of Liability

Please read this section carefully as it limits our liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERFORMANT VENTURES LTD AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY SYSTEM DISRUPTION, DOWNTIME, OR DATA LOSS RESULTING FROM OUR AUTOMATED SCANNING ACTIVITIES;
• ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY ACTIONS TAKEN BY THIRD PARTIES BASED ON THE PUBLIC DISPLAY OF YOUR SECURITY BADGE OR POSTURE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED POUNDS STERLING (£100.00) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS FOR THE SERVICE.

6. Indemnification

You agree to defend, indemnify, and hold harmless Performant Ventures Ltd and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your scanning of assets for which you lacked proper authorization.

7. Subscriptions and Payments

Certain features of the Service require a paid subscription. By selecting a paid tier, you agree to pay all applicable fees. Monthly subscriptions renew monthly and may be cancelled before the next renewal. Annual subscriptions are prepaid 12-month commitments charged at the stated discounted annual price. Cancelling an annual subscription stops the next annual renewal but does not shorten or refund the current committed term, except where required by applicable law. Access continues until the end of the paid billing period. We reserve the right to change future renewal pricing upon reasonable notice.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

9. Contact Information

If you have any questions about these Terms, please contact us at legal@perimassure.com.