Terms of Service

1. Introduction

Welcome to Out of Band, operated by Out of Band AS (VAT Number: 935632765, Norway) ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our incident coordination platform, including our web and mobile applications (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

2. Service Description

Out of Band is a platform designed to help businesses coordinate around cyber security incidents and other types of operational incidents. Our Service provides tools for communication, task management, incident tracking, and team coordination during critical situations.

Important: Our Service is a coordination and communication tool only. We do not provide incident response services, cybersecurity consulting, or emergency response services.

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using our Service, you represent that you meet these requirements.

4. Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any part of the Service
• Upload or transmit malicious code, viruses, or harmful content
• Harass, abuse, or harm other users
• Share false, misleading, or fraudulent information
• Use the Service to spam or send unsolicited communications

5. Service Availability

We strive to provide reliable service, but we do not guarantee that our Service will be available at all times. We may experience downtime due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any part of our Service at any time without notice.

6. Intellectual Property

6.1 Our Rights

The Service and all related content, features, and functionality are owned by Out of Band AS and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of any content you submit to our Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content as necessary to provide the Service.

7. Limitation of Liability

Out of Band is solely a coordination platform. Therefore we take no liability for how you handle incidents, what happens to your company, business operations, data, systems, or any consequences whatsoever from incidents, nor for your response to them.

To the maximum extent permitted by law, Out of Band AS has zero liability and shall not be liable for:

• Company Outcomes: ANY and ALL consequences to your company, business, operations, reputation, financial condition, or existence, regardless of severity
• Incident Handling: HOW you handle, respond to, manage, or fail to manage any incident of any type, including all decisions, actions, delays, or omissions during incident response
• Business Impact: ANY business interruption, lost revenue, lost customers, operational downtime, system failures, data breaches, or business closure resulting from incidents
• Technical Decisions: ALL technical decisions, cybersecurity measures, system configurations, patches, updates, or security implementations made by you or your team
• Communication Failures: Failed communications, miscommunications, delayed notifications, or inadequate coordination during incidents
• Third-Party Impact: ANY actions, failures, or consequences involving your employees, contractors, customers, partners, or other third parties
• Service Availability: Our service being unavailable, slow, or malfunctioning during critical incidents when you need it most
• Data and Systems: ANY loss, corruption, theft, or compromise of your data, systems, or infrastructure
• Legal and Regulatory: ANY legal consequences, regulatory fines, compliance failures, or lawsuits resulting from incidents or your response to them
• All Other Damages: ANY direct, indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, whether foreseeable or not

Absolut liability cap: zero.

8. Disclaimers

The service is provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, including:

• That the Service will meet your specific requirements or be suitable for incident response
• That the Service will be uninterrupted, timely, secure, or error-free
• That any information obtained through the Service will be accurate or reliable
• That defects in the Service will be corrected

9. Indemnification

You agree to fully indemnify, defend, and hold completely harmless Out of Band AS, its officers, directors, employees, and agents from ANY and ALL claims, demands, damages, losses, liabilities, costs, and expenses (including attorney's fees and court costs) arising from or related to:

• Your incident handling: ALL actions, decisions, delays, or failures related to any incident response
• Your business outcomes: ANY consequences to your company, operations, or third parties
• Your use of the Service: HOW you use our platform during incidents or otherwise
• Your violations: ANY breach of these Terms or applicable laws
• Third-party claims: ANY claims by your employees, customers, partners, or others affected by incidents
• Your content and data: ALL information you submit to or store on our Service
• Regulatory issues: ANY compliance failures, regulatory fines, or legal consequences

This indemnification obligation survives termination of these Terms and applies even if our Service was unavailable during critical incidents.

10. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information when you use our Service. By using our Service, you consent to the collection and use of information in accordance with our Privacy Policy.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will cease immediately.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Norway.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Out of Band AS regarding your use of the Service.

16. Contact Information

If you have any questions about these Terms, please contact us: