End User License Agreement Fraud Protection (FP)

By using the Software in any way and registering on the Web Portal, you (the End User) agree to comply with all the terms and conditions in this End-User License Agreement (hereinafter – EULA). If you do not agree with all or part of the terms and conditions stipulated in this EULA, you should stop using the Software. This End-User License Agreement constitutes an integral part of the Agreement. In the event of any discrepancies, the terms and conditions of the Agreement will prevail over the terms and conditions of this EULA. In the event of any discrepancies, the terms and conditions of any existing license agreement or any other agreement that may serve as a basis to provide you with rights to use the Software, these agreements will prevail over the terms and conditions of this EULA.

Activation means the moment when the End User creates an account on the Web Portal. Agreement means a license agreement or another agreement concluded with the Licensor or its partner that serves as the basis for granting the End User the right to use the Software. End User means an individual who legally uses the Software on their own behalf or on behalf of their employer, a legal entity (or based on contracts with the legal entity). Licensor means a legal entity that is a party to a respective Agreement and that is a part of Group-IB group of companies. Object of embedding means a program code of the website and/or mobile application, and/or server equipment, and/or a virtual machine, and/or cloud storage on which the Software is designed to work or on which the Software is installed and/or used, depending on the type of Software. Software means the Group-IB Fraud Protection designed to detect fraudulent activity and protect the information security of users on the End User’s online resources, the result of which is displayed on the Web Portal, depending on the type of Software specified in the Agreement (if available) and in accordance with the User Manual. Update(s) means any Software upgrades, patches, enhancements, and modifications. User Manual means support materials relating to the Software and provided to the End User electronically on the Web Portal, containing a description of the Software, its types, technical specifications, and the requirements and recommendations for installing and using the Software. The User Manual is available at https://fp-docs.group-ib.com/ privately and access to it is provided by the Licensor by sending a login link to the End User’s email address no later than the date on which the right to use the Software is granted. Web Portal means the cloud user interface located at ***.group-ib.com, which the End User needs in order to operate the Software.

• 2.1. The End User is granted a non-exclusive license to use the Software from the moment that the Software is activated and during the timeframe specified in the respective Agreement (if available) or during the term displayed in the End User account on the Web Portal, in accordance with the technical requirements described in the User Manual and the terms and conditions of the EULA and the respective Agreement.
  • 2.1.1. The End User is granted the right to use the Software by reproducing it (restricted to installing, copying, and running/launching the Software).
  • 2.1.2. The term, usage area, and license fee are specified in the respective Agreement. The End User has the right to use the Software in relation to the Objects of Embedding and within the scope of the Software features specified in the relevant Agreement (if available).
• 2.2. After activating the Software, the End User has, during the time specified in the respective Agreement or in the End User account on the Web Portal, the right to automatically receive Software Updates when the Licensor releases them as well as technical support via the Web Portal in accordance with section 3 hereof.
  • 2.2.1. Software Updates become available to the End User as soon as they are released by the Licensor by sending (in the ways specified in the relevant Agreement) a link to the program file for subsequent installation on the Object of Embedding for updating the Software and independently downloading the Software by the End User using the Internet.
• 2.3. Software functionality depends on the type of the License used and specified in the respective Agreement and corresponds to the description in the User Manual and/or in the Agreement (if available).
• 2.4. From the Activation date, the End User should use the Software intended for informational purposes for such purposes only (informational purposes includes testing/ PoC/trials) during the trial period specified in the Agreement. It is prohibited to use the Software for other purposes or after the trial period ends. The term of using the Software trial version is specified in the End User’s account on the Web Portal.
• 2.5. The End User must keep their Web Portal account login details safe and cannot transfer them to third parties. The End User is liable for any actions carried out on the Web Portal through its account.
• 2.6. To ensure that the Software is being used legally, the Licensor has the right to use appropriate means to verify that the End User holds a licensed copy of the Software, whereas the End User must provide, at the Licensor’s request, documents confirming that it is using the Software lawfully.
  • 2.6.1. The Software is configured to transfer information about the license to the Licensor in order to confirm that the End User is using the Software lawfully (including but not limited to information on the limits and methods of using the Software by the End User), including the one specified in clause 4.2. of the EULA.

• 3.1. As part of warranty maintenance, the Licensor must ensure that the Software functions properly by repairing it in case of errors (malfunctioning) that affect the Software’s functionality, including but not limited to inaccessibility of certain segments of the Software, delays in event generation, operational errors, unavailability of the Software or any of its individual parts. Warranty maintenance is carried out during the term of Software use and at the End User’s request.
• 3.2. In the event of malfunctioning or errors while operating the Software, the End User can send a request to [email protected]. Along with the request, the User should send proof of the errors (issues) such as logs, screenshots, or HAR files.

• 4.1. During the use of the Software, the End User undertakes to automatically provide the Licensor with the information specified in the User Manual and/or in the Agreement (if available).
• 4.2. To ensure that the Software functions properly, the End User, starting from the date of initial activation on the Web Portal and during the term of use, undertakes to provide the Licensor with the following information:
  • 4.2.1. End User data: an impersonal End User identifier in an automated system that cannot identify an individual without additional information; an impersonal End User identifier in an automated system after encryption with the End User’s public RSA key, which can be used to identify the account only by the individual themselves by decrypting the string with a private key; information about the End User’s movements through the pages of the protected resource (URL addresses of the pages that the user browses);
  • 4.2.2. data about the page of the protected resource: JavaScript code loaded onto the web resource pages; the structure and attributes of web forms located on the web resource pages; attributes of HTML elements (iframe, object, embed, applet); URL requests from web pages to third-party domains; data about the End User’s browser and device (IP address, User-Agent, including the browser and its version, operating system and its version, operating system bit count, name and model of the client’s device); Accept-Encoding (an HTTP header that specifies a list of supported methods for encoding the content of an entity during transmission); Accept-Language (an HTTP header that specifies a list of supported natural languages); tabs of the protected resource in the End User’s browser window;
  • 4.2.3. device screen parameters: screen resolution and color depth; ActiveX availability; time zone; browser fonts; the number of logical CPU cores on the End User’s device; browser plugins; canvas print; WebGL parameters; available media devices; information about the device battery (status of charging/connection to the charger or network, time to full battery charge, time to full battery discharge, battery charge level); bot activity data; behavioral data about the End User’s activity in the web application (information about the visited sections of the resource and the order of their visit, information about the features and order of interaction with interface elements, the use of special key combinations and modifier keys, the features of clicks (click type: software or mechanical, using which button)); information about the End User’s individual keystroke pattern: delays between pressing and releasing keys, the intersection of pressing and releasing keys, the End User’s average typing speed; information about the End User’s individual cursor pattern: the trajectory and speed of the cursor movement during the user session; signs of using remote access tools: data on cursor movement and data on active connections; signs of using Sphere, an anti-detection browser; signs of infection with the Buhtrap Trojan; signs of the presence of Burp Proxy on the End User’s device; advanced parameters of the End User’s device from the Aladdin token.
• 4.3. The list of data to be provided by the End User when using the Software may be changed by the Licensor unilaterally without prior notice to the End User. The current list of data is specified in the User Manual and takes precedence over the list specified in clauses 4.2.1. – 4.2.3. of the EULA.
• 4.4. If the End User runs the Software on behalf of a third party (a legal entity such as an employer or on the basis of civil contracts concluded with such a legal entity), the legal entity must obtain the consent of the End User who is the subject of the personal data to process any personal data collected for the purposes specified in clause 4.2. herein. If the End User disagrees with the terms and conditions stipulated in clauses 4.2. and 4.2.1. of the EULA, and if the End User does not give consent to a third party in accordance with clause 4.2.1. of the EULA, the End User should stop using the Software.

• 5.1. The End User must not copy, distribute, decompile, reverse engineer or modify the Software, or create derivative works based on the Software or any portion thereof, except as otherwise provided for by applicable legislation.
• 5.2. The End User must not transfer the right to use the Software to any third party nor assign its rights under the Agreement or the EULA.
• 5.3. The End User must not transfer or provide access to its account on the Web Portal to third parties if it violates the provisions hereof. The account credentials for the Web Portal and the contents of the Web Portal constitute confidential information.
• 5.4. The End User must not lease, rent or loan the Software to any third party.
• 5.5. The Software is not intended and must not be used in information systems serving life support systems, in which a software failure can threaten the life and health of people or cause various losses.
• 5.6. The Software must not be used to carry out any illegal activities.
• 5.7. Except for the limited warranty maintenance set forth hereunder, the Software is supplied “as is.” The Licensor does not give the End User any guarantees regarding the Software’s performance and suitability for certain purposes, for achieving any desired results, for installing and using the Software, and for its integration, with the exception of the guarantees, conditions, representations or provisions, the extent of which cannot be excluded or limited by applicable law.
• 5.8. If the End User violates the terms hereof, or the Licensor has a suspicion (which the Licensor is not obliged to substantiate) that the End User did so, the Licensor may terminate the use of the Software by the End User.

• 6.1. The Licensor guarantees that the Software will work according to the specifications and descriptions set forth in the User Manual.
• 6.2. The End User acknowledges that no Software is free from errors and agrees to make backup copies of the files on a regular basis.
• 6.3. The Software is provided to the End User “as is”. The Licensor cannot guarantee that the Software will perform without any errors in an uninterrupted way or that it will meet the End User’s expectations and objectives except for any warranty, condition, representation or term the extent of which cannot be excluded or limited in accordance with applicable law. FOR THE AVOIDANCE OF DOUBT, EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA OR ELSEWHERE, THE LICENSOR GIVES NO WARRANTIES, EXPRESSED OR IMPLIED, IN RESPECT OF FUNCTIONALITY OF ANY OF ITS PRODUCTS AND/OR SERVICES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• 6.4. The Licensor does not guarantee that the Software will work correctly if the End User violates the conditions set forth in the User Manual and the terms and conditions stipulated herein.
• 6.5. The Licensor cannot be held liable or responsible for the functioning, operability or correctness of the settings of the End User’s third-party systems with which the Software is integrated, in particular Objects of Embedding, network equipment and its settings, as well as network availability and continuity.
• 6.6. The End User agrees that the Software is provided with standard settings applied by default and that the End User is responsible for any changes they make to the Software settings.

• 7.1. If the End User fails to perform this EULA or performs in an improper manner, the End User will be liable hereunder and in accordance with applicable law.
• 7.2. To the maximum extent permitted by applicable law, under no circumstances can the Licensor be held liable or responsible for any damages (including damages for loss of profits or information, for business interruption, and for any other pecuniary loss) arising from using or being unable to use the Software, even if the Licensor has been informed about the possibility of such damages. In any case, the End User agrees that if the Licensor and/or its Partners are found liable, the liability of the Licensor will be limited to the cost of the Software. These limitations cannot be excluded or limited according to applicable law.
• 7.3. Infringements on intellectual property rights to the Software may result in legal prosecution against the End User according to applicable law. The End User will be subject to a fine in the amount of 10 000 USD for each case of violation of intellectual property rights to the Software.
• 7.4. If the End User violates any of the terms hereof, the Licensor will have the right to terminate the EULA at any time without prior notice and to block the license without reimbursing the cost of the Software or any part of it.

• 8.1. The Software includes, or may include, some programs licensed (or sub-licensed) to the End User under the GNU General Public License (GPL) or other similar free software licenses (Open Source License) which, among other rights, allow the End User to copy, modify and redistribute certain programs or portions thereof and to have access to the source code (“Open-Source Software”). If such licenses require that, for any software which is distributed to the End User in an executable binary format, the source code also be made available to the End User, then the source code should be made available by sending the request to [email protected]. If any Open-Source Software licenses require the Licensor to provide rights to use, copy or modify an Open-Source Software program that are broader than the rights granted in this EULA, then such rights will prevail over the rights and restrictions herein.

• 9.1. The End User acknowledges that the Software, documentation and other objects of copyright, trademarks and other information contained in the Software are the proprietary intellectual property of the Licensor. This EULA does not grant the End User any rights to use the Licensor’s intellectual property, including trademarks and service marks, except for those granted to the End User under the respective Agreement (if applicable).
• 9.2. This EULA does not grant the End User any rights to use the other Licensor’s intellectual property, including trademarks and service marks. The End User may not remove or alter any copyright notices or other proprietary notices on any copies of the Software. The Licensor retains all the rights to the Software and other intellectual property that are not directly granted to the End User hereunder.

The End User must ensure the confidentiality of the content data, as well as any other information and data contained in the Software, on the Web Portal, and in the User Manual, with the exception of information and data that are publicly available (hereinafter “Confidential Information”) during the period of using the Software, starting from the Activation date and for five years after the termination date of the use of the Software. The End User undertakes not to disclose Confidential Information to third parties without obtaining prior written consent from the Licensor. The End User must take all reasonable measures to protect the Confidential Information from unauthorized access by third parties, including:

• ensuring that no unauthorized third parties can access the Confidential Information;
• restricting access to the Confidential Information, including for employees who do not need to be familiar with the information.

The End User must immediately notify the Licensor about any known cases of a third party disclosing, threatening to disclose, and illegally receiving or using the Confidential Information. The End User must not unilaterally stop protecting the Confidential Information contained herein. Under this Agreement, disclosing Confidential Information means an action or omission made by the End User that leads to Confidential Information becoming known to third parties without prior consent from the Licensor, regardless of the form of disclosure (oral, written, disclosed using technical means, etc.). Providing Confidential Information at the request of law enforcement agencies or other authorized state bodies and officials as provided for by applicable law will not be regarded as disclosure, nor will providing information to shareholders/participants (if the End User is an authorized representative of the organization). If the End User discloses Confidential Information to the authorized bodies and/or individuals, the End User must notify the Licensor in writing of having provided such information, its content, and the body or individual to whom the information was provided, within two business days from disclosing the Confidential Information.

Any dispute, controversy or claim arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 (one) arbitrator. The language to be used in the arbitral proceedings shall be English. This Agreement shall be governed by the Singapore law.

This section specifically applies to the Fraud Intelligence module of the Software in addition to other terms stipulated in this EULA. Fraud Intelligence solution contains information regarding most popular fraud schemes and provides an ability to describe fraud cases by using the Fraud Matrix instrument and generate reports. In case the fraud reports generated utilizing the Fraud Intelligence solutions contain personal data, the End User shall bear sole responsibility for ensuring the existence of an appropriate legal basis to process such personal data as well as a valid authorization to engage The Licensor in processing thereof, as defined by applicable data protection laws and regulations. The Licensor reserves the right to use the personal data disclosed to it through the Fraud Intelligence solution in accordance with the Fraud Protection Privacy Notice. Posting any sensitive personal data on the Web Portal, including racial, political, religious, trade union membership, genetic, biometric, sexual orientation, and health details of individuals as well as personal data of minors is strictly prohibited. The End User hereby grants the Licensor a perpetual, irrevocable, non-exclusive, non-chargeable, royalty-free license to use any fraud schemes and/or reports created using the Fraud Intelligence solution including, without limitation, the right to modify, reproduce and publish such materials in full or in part in anonymized format without mentioning the Licensee and/or End User and/or to use such materials to improve its own products.

• 13.1. The Licensor reserves the right, in its sole discretion, to change, modify, add, or remove portions of this EULA on a going-forward basis at any time by making such modified EULA available to the End User on the Web Portal or through the Software, or both. The EULA will be effective immediately upon posting, except in the event any such modification materially alters End User rights hereunder. In this latter case, the Licensor will notify End-User directly through a message sent to the email address End User have provided to the Licensor if any, or a pop-up window or other notification when End User access or use the Software, in which End-User will be required to explicitly provide End-User informed consent with such material modifications. In the absence of such explicit consent, End User will be deemed to withdraw his acceptance of this Agreement, in which case End-User will need to uninstall and discontinue his use of the Software at that time.
• 13.2. This EULA is available to the End User in the User Manual at https://fp-docs.group-ib.com/helpcenter/overview/EN_overview_EULA_EN and after initially logging on to the Web Portal.
• 13.3. If the End User violates any of the terms of this EULA, the Licensor may unilaterally terminate and/or limit the use of the Software without notifying the End User in writing.
• 13.4. Export and Government Restrictions. End User may not transfer, export or re-export the Software in violation of any applicable laws or regulations including but not limited to those of the United States of America and the European Union. In addition, if the Software is identified as export controlled items under the export laws of the United States of America or the European Union, End User represents and warrants that he/she is not a citizen, or otherwise located within, an embargoed nation and that he/she is not otherwise prohibited under applicable export laws from receiving the Software. All rights to use the Software are granted on the condition that those rights are forfeited if End User fail to comply with the terms of this EULA.
• 13.5. End User acknowledges that under the applicable law, it is unlawful directly or indirectly, to make any payment or to give anything of value to any foreign official (other than a foreign official whose duties are essentially administrative or clerical) or to any foreign political party, any official of a foreign political party or any candidate for foreign political office for the purposes of influencing any action or failure to take action on the part of such person in connection with the obtaining, retaining or directing of business to any person or company. End User will not make any such payment, directly or indirectly, on behalf of Licensor.
• 13.6. Notices. Except as otherwise provided herein, all notices, consents, requests, instructions, approvals and other communications made, required, or permitted under this EULA will be given at the addresses set forth in the Agreement, by (i) personal service, deemed effective on the reported delivery date; (ii) recognized international or overnight courier, deemed effective on reported delivery date; or (iii) email transmission against receipt confirmation, deemed effective on delivery date confirmation.
• 13.7. Entire Agreement. This EULA, together with the Agreement constitutes the entire agreement between the Licensor and the End User, and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.

Email: [email protected]
Website: www.group-ib.com