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HUMAN SELF-SERVICE SUBSCRIPTION AGREEMENT

Updated: July 7, 2025

By clicking “Submit & Accept,” Client agrees to the following terms governing the use of HUMAN’s Malvertising Defense Platform.

This Self-Service Subscription Agreement (“Agreement”) is an agreement between Human Security, Inc. (“HUMAN”) and you, or the Entity you represent, (“you” or “your” or “Client”) and governs your use of our Malvertising Services (as defined below). This Agreement is effective when you click to accept it, use or access the Malvertising Services, or otherwise indicate your acceptance of the Agreement. If you are entering into this Agreement on behalf of a company, organization, or another legal entity (an “Entity”), you are agreeing to this Agreement for that Entity and representing to HUMAN that you have the authority to bind such Entity to this Agreement.

  1. Overview: This Agreement governs the use of HUMAN’s Malvertising Defense Platform, along with any software made available by HUMAN in connection with such services, including software development kits and HUMAN’s application programming interfaces (“APIs”) made available in connection with such cloud-based solutions (collectively, the “Malvertising Services”).

Your use of the Malvertising Services is subject to any applicable plan or product limits, disclaimers, or other terms presented to you on our website, platform, console or documentation, each of which are incorporated by reference into this Agreement.

  1. License: Subject to your compliance with this Agreement (including, without limitation, any and all payment obligations) HUMAN hereby grants, to Client, (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use the Malvertising Services, (ii) a limited right to include and integrate the Malvertising Defense Code into the Client Properties, and (iii) a limited right to use the Malvertising Defense SDK for the sole purpose of integrating, deploying, accessing and using the Malvertising Defense Code into and on the Client Properties. HUMAN will provide access to the Malvertising Defense Platform on a hosted basis. Client Properties may be expanded to include URLs and applications upon mutual agreement of the Parties (with email being sufficient acknowledgment of agreement), including such pages and impressions for these additional URLs and applications upon such agreement.  Client is responsible for the use of the Malvertising Services by its employees and their compliance with this Agreement. 
  1. Usage Limits: Client agrees to use the Malvertising Services up to 2,000,000 script loads per month (“Free Usage Limit”). If Client exceeds the Free Usage Limit in any given month, HUMAN reserves the right to (i) charge additional fees for any excess usage above the Free Usage Limit and (ii) suspend Client’s access to the Malvertising Services, without liability to HUMAN.
  1. Implementation:  If necessary, HUMAN may customize the Malvertising Defense Code for the Client or provide additional trouble shooting services if the Malvertising Defense Code as incorporated into the cloned Client Properties causes interaction issues, which may be subject to an additional fee.HUMAN may also provide, at its discretion, Client with additional reasonable technical requirements, integration requirements, and/or other technical or business use policies and procedures related to use of the Malvertising Defense Code and access to the Malvertising Defense Platform.  Client hereby agrees to comply with all reasonable requirements, policies and procedures provided by HUMAN related to use or access of the Malvertising Defense Platform. Without limiting the foregoing, Client is responsible for integrating the Malvertising Defense Code into the Client Properties in accordance with HUMAN’s recommendations (as well as any costs related thereto). Additional and/or different implementation processes may be mutually agreed upon in writing in lieu of the foregoing as the circumstances require. 
  1. Support: HUMAN is not obligated to provide you with support for the Malvertising Services or correct any bugs, defects, or errors in the Malvertising Services. HUMAN reserves the right to charge additional fees for non-critical support services.  
  1. Restrictions: Unless otherwise expressly permitted in writing by HUMAN, Client will not and Client has no right to:
    1. reproduce, modify, reverse engineer, make derivative works of, publicly display, distribute, sell, sublicense, or otherwise exploit all or any portion of the Malvertising Services; 
    2. rent, lease, loan, export, or sell access to the Malvertising Services to any third party, or sign up for the Malvertising Services on behalf of a third party or allow access to its account by a competitor of HUMAN; 
    3. access or use the Malvertising Services in a manner that violates or is intended to circumvent Service-specific usage limits, quotas, or other restrictions set forth in the Agreement; or 
    4. use the trade name, trademarks, or service marks of HUMAN on any Client Property or in any advertising, promotional or sales or marketing content, without prior written consent obtained from HUMAN, which may be subject to an additional fee. 
  1. Data:  To the extent HUMAN processes any Client data that is defined as Personal Data (as defined in the DPA), the processing by HUMAN of such Personal Data is governed by the HUMAN Data Processing Agreement (“DPA”) which is available at https://www.humansecurity.com/data-processing-addendum and incorporated by reference herein.  
  1. Third Party Service Providers: Client may utilize a Third Party Service Provider to integrate and/or implement the Malvertising Defense Code into Client Properties and provide services related thereto. “Third Party Service Provider” means those individuals, companies and entities that (i) are not competitors of HUMAN (as determined in HUMAN’s sole discretion), (ii) are providing IT services to Client pursuant to an enforceable agreement with Client consistent with general industry standards, and (iii) access and use the Malvertising Code and Malvertising Defense SDK solely for the benefit of Client.  In such event, Client and such Third Party Service Provider shall be solely responsible for all related costs or expenses.  Client shall be fully liable and responsible for each Third Party Service Provider’s compliance with the terms of the Agreement and any of their acts or omissions.  No Third Party Service Provider shall have any authority or ability to exercise any business or technical control over the Malvertising Defense Code or the Malvertising Defense Platform.
  1. Modification.  HUMAN may modify or replace the Malvertising Defense Code or other portions of the Malvertising Defense Platform at any time, in whole or in part, as progress in engineering or development methods or other circumstances may warrant.  Client shall be solely responsible for all costs and fees incurred as the result of any such modifications including to integrate modified Malvertising Defense Code with the Client Properties.
  1. Confidential Information: Confidential Information means any information disclosed under the Agreement that (a) if tangible, is clearly marked as “Confidential” or with a similar designation; (b) if intangible, is identified as “Confidential” by discloser at the time of disclosure and confirmed in writing to recipient as being Confidential Information; or (c) from the relevant circumstances should reasonably be known by recipient to be confidential (e.g. pricing, product plans, non-public Personal Data, etc.). Confidential Information does not include any portion of the information that recipient can prove (a) was rightfully known to recipient before receipt from discloser; (b) was generally known to the public on the Effective Date; (c) becomes generally known to the public after the Effective Date, through no fault of recipient; (d) was received by recipient from a third party without any confidentiality obligation; or (e) was independently developed by recipient without breach of this Section 3.  Recipient will (a) use Confidential Information only for the purposes of furthering the business relationship between the parties; (b) protect Confidential Information using the same degree of care it uses to protect its own confidential information of a like nature, but in no event less than a reasonable degree of care; and (c) not disclose Confidential Information to any third party except (1) to employees, consultants, and agents who (i) have a need to know it in order to carry out their obligations under the Agreement, and (ii) are under written confidentiality and non-use obligations at least as restrictive as those stated in the Agreement, or (2) as required by law.
  1. Ownership:  HUMAN owns all intellectual property rights, title and interest in and to the Malvertising Services.  Client agrees that HUMAN may use and modify any feedback provided to HUMAN without restriction or payment.  Provided Client is not identified nor capable of being identified as the source of data, during the Term and thereafter, Client agrees that HUMAN may (a) share and publish details related to a threat (including the originating IP address) that HUMAN reasonably believes it has identified, (b) use and analyze Client data to provide, improve and support its products and services, and (c) share aggregated anonymous data with third parties for industry research and analysis and other similar purposes. 
  1. Disclaimer:  THE MALVERTISING SERVICES ARE PROVIDED ON AN “AS IS” BASIS.  HUMAN HEREBY MAKES NO, AND DISCLAIMS ALL, WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, PAST OR PRESENT, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY,  INCLUDING THE RESULTS OBTAINED OR CONCLUSIONS DRAWN FROM USE OF THE MALVERTISING SERVICES, OR THAT ACCESS TO THE MALVERTISING SERVICES WILL BE UNINTERRUPTED OR THAT THE MALVERTISING SERVICES WILL BE ERROR-FREE. 
  1. Limitation of Liability:  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (A) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL HUMAN BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUES, AND LOSS OF GOODWILL, BUSINESS OR DATA, EVEN IF CLIENT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) THE MAXIMUM AGGREGATE LIABILITY OF HUMAN IN CONNECTION WITH THE AGREEMENT SHALL BE LIMITED TO $100.  The Parties have relied on these limitations in determining whether to enter into the Agreement.
  1. Term and Termination: This Agreement shall commence upon the date you first access or use the Malvertising Services (“Effective Date”) and shall continue indefinitely until terminated in accordance with the provisions herein. The Malvertising Services will remain accessible to you at no charge up to the Free Usage Limit, provided you comply with all terms and conditions of this Agreement. Premium or paid features, if subscribed to, shall continue on a subscription basis, renewable monthly or annually (as applicable), unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current subscription term. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, your access to the Malvertising Services will cease immediately. HUMAN may terminate any free access to the Malvertising Services in our sole discretion at any time. HUMAN will have no liability for any harm or damage arising out of or in connection with termination of the Malvertising Services. 
  1. General.  The Agreement shall be governed and enforced under the laws of New York and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions hereunder shall be the state and federal courts in New York County, New York, and each Party hereby waives any jurisdictional, venue or inconvenient forum objections thereto. Each Party waives any right to a jury trial.  Neither party may assign the Agreement except upon the advance written consent of the other party, except that HUMAN may assign the Agreement in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of HUMAN’s assets or voting securities upon notice to Client. The relationship of the parties under the Agreement is that of independent contractors, and the Agreement will not be construed to imply that either party is the agent of the other. There are no third party beneficiaries to the Agreement.  The Agreement is not exclusive to either party. The Agreement may be amended only in writing, signed and executed by a duly authorized representative of each party; provided that HUMAN may amend these Terms and Conditions by posting an updated version at the same URL. Any notices under the Agreement must be sent by email to HUMAN at legal@humansecurity.com and to Client at the email address associated with Client’s account.  The Agreement constitutes the complete and entire expression of the agreement between the parties, and supersedes any and all other proposals, both oral and written, representations, warranties and agreements, whether written or oral, with respect to the subject matter hereof.  No terms or conditions set forth on any Client purchase order, preprinted form or other document shall add to or vary the terms and conditions of the Agreement, and all such terms or conditions shall be null and void. The waiver of any breach or default of the Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in the Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of the Agreement will remain unaffected. Headings used herein are for reference purposes only, not for interpretation hereof. 
  1. Definitions:
    1. “Client Properties” means web pages, mobile applications, API endpoints and/or ad serving and/or related infrastructure of Client that is covered by the Malvertising Services.
    2. “Malvertising Defense” or “Malvertising Defense Platform” means the proprietary application programming interface, scripts and services for use on web pages, mobile applications and/or ad serving and/or related infrastructure that, collectively, detect and defeat malicious software code injected into web pages and/or mobile applications through advertising, navigation redirects and other similar activities as well as related services, data, analytics and technology, each as made available by HUMAN to Client. The “Malvertising Defense Platform” includes the Malvertising Defense Code and Malvertising Defense SDK.
    3. “Malvertising Defense SDK” means the proprietary tools, libraries, relevant documentation, code samples, processes, and or guides that HUMAN may from time to time makes available to Client for use in connection with integrating, deploying, accessing and using the Malvertising Defense Code on the Client Properties.
    4. “Malvertising Defense Code” means the proprietary HUMAN Javascript code or other code or technology provided by HUMAN to Client under this Agreement.