Terms of Service

Last Updated: January 16, 2026 | Effective Date: January 1, 2024 | Version: 2.0

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of SmartScan, a forensic spyware detection platform operated by Secure Path Ltd ("Company", "we", "us", "our").

By accessing or using SmartScan, you agree to be bound by these Terms and our Privacy Policy. If you are using SmartScan on behalf of an organization, you represent that you have authority to bind that organization.

2. Definitions

• "Service" - The SmartScan platform, including website, APIs, and analysis tools
• "User" - Any individual or entity accessing the Service
• "Content" - Files, data, reports, and materials uploaded or generated
• "PCAP" - Packet capture files containing network traffic data
• "Analysis" - The forensic examination of uploaded files for spyware indicators
• "Report" - The output document generated from an Analysis

3. Service Description

SmartScan provides:

• Automated analysis of PCAP files for spyware indicators
• Detection of known and suspected surveillance software
• Generation of forensic reports with findings
• MITRE ATT&CK technique mapping
• Threat intelligence correlation

4. Account Registration

4.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract. You must not be prohibited from using the Service under applicable laws.

4.2 Account Security

You are responsible for:

• Maintaining confidentiality of your credentials
• All activities under your account
• Immediately notifying us of unauthorized access
• Using strong, unique passwords

4.3 Account Information

You agree to provide accurate, current, and complete information during registration and keep it updated.

5. Acceptable Use

SmartScan is designed for legitimate forensic purposes, including:

• ✅ Analyzing your own device's network traffic
• ✅ Forensic analysis with proper authorization
• ✅ Law enforcement investigations with legal authority
• ✅ Security research and threat analysis
• ✅ Protecting individuals from surveillance (with consent)
• ✅ Corporate security assessments (authorized)

6. Prohibited Activities

• Unauthorized Surveillance: Using SmartScan to monitor others without legal authority or consent
• Illegal Interception: Capturing network traffic in violation of wiretapping laws
• Evidence Tampering: Manipulating PCAP files or reports for fraudulent purposes
• Malware Distribution: Uploading files containing active malware (beyond analysis samples)
• Service Abuse: Attempting to overwhelm, hack, or exploit the Service
• Circumvention: Bypassing security measures or usage limits
• Reselling: Reselling or redistributing the Service without authorization
• Reverse Engineering: Attempting to reverse engineer detection algorithms
• False Representation: Misrepresenting your identity or authority

Violation may result in immediate termination and reporting to law enforcement.

7. Intellectual Property

7.1 Our Property

SmartScan, including all software, algorithms, detection signatures, user interface, and documentation, is owned by Secure Path Ltd and protected by intellectual property laws.

7.2 Your Content

You retain ownership of PCAP files you upload. By uploading, you grant us a limited license to:

• Process and analyze the files for the Service
• Generate reports based on the analysis
• Use anonymized, aggregated data to improve detection (no PII)

7.3 Reports

You own the reports generated from your analyses. You may use them for any lawful purpose, including legal proceedings. Reports include our attribution which must be preserved.

8. Payment Terms

8.1 Pricing

Current pricing is displayed on our website. Prices may change with 30 days notice.

8.2 Billing

• Subscriptions are billed in advance (monthly/annually)
• Per-analysis charges are billed at time of use
• All fees are non-refundable except as required by law
• Taxes are additional where applicable

8.3 Failed Payments

If payment fails, we may suspend access until resolved. Repeated failures may result in account termination.

9. Disclaimers

We disclaim all warranties, express or implied, including:

• Merchantability and fitness for a particular purpose
• Accuracy, completeness, or reliability of results
• Uninterrupted or error-free operation
• Detection of all spyware or threats

9.1 No Legal Advice

SmartScan provides technical analysis, not legal advice. Reports are informational and should be reviewed by qualified legal professionals before use in proceedings.

9.2 No Guarantee of Detection

We cannot guarantee detection of all spyware. New threats, zero-days, and sophisticated actors may evade detection. A negative result indicates no known indicators were found—not definitive absence of compromise.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability is limited to fees paid in the 12 months preceding the claim
• We are not liable for actions taken based on our reports
• We are not liable for third-party actions or content

These limitations apply regardless of the theory of liability (contract, tort, strict liability, etc.).

11. Indemnification

You agree to indemnify and hold harmless Secure Path Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content

12. Termination

12.1 By You

You may terminate your account at any time through account settings or by contacting support.

12.2 By Us

We may suspend or terminate your account:

• For violation of these Terms
• For suspected fraudulent or illegal activity
• For non-payment
• If required by law
• For any reason with 30 days notice

12.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• Your data is deleted per our retention policy
• Provisions that should survive termination will survive

13. Governing Law & Disputes

13.1 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes shall be resolved through:

1. Negotiation: Good faith attempt to resolve within 30 days
2. Mediation: If negotiation fails, non-binding mediation
3. Courts: Exclusive jurisdiction of courts of England and Wales

13.3 Class Action Waiver

You agree to resolve disputes individually. You waive any right to participate in class actions or collective proceedings.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via:

• Email to your registered address
• Prominent notice on the Service
• At least 30 days before taking effect

Continued use after changes constitutes acceptance. If you disagree, you must stop using the Service.

15. Contact Information

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

16.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

16.4 Assignment

You may not assign these Terms without our consent. We may assign them in connection with a merger or acquisition.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

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© 2024-2026 Secure Path Ltd. All rights reserved.
These terms are provided for informational purposes and should be reviewed by legal counsel.