Data Security, Compliance, & Policies

1. Physical Security

ThreatX data centers are co-located in first-tier data center facilities that implement industry leading physical access controls. Physical security is audited using the carve-out method, meaning that we perform rigorous subservice vendor reviews, and our independent auditors validate that our co-location providers have appropriate controls in place that meet SOC 2 Type 2 physical security controls at a minimum. These controls include:

  • Physical security guard services
  • Battery and generator backup
  • Generator fuel carrier redundancy
  • Biometric readers with two-factor authentication
  • Full CCTV coverage externally and internally for the facility
  • Physical entry restrictions to the property and the facility

2. Logical Security

ThreatX infrastructure is secured through a defense-in-depth layered approach. Access to the production network infrastructure is provided through multi-factor authentication, which restricts network-level access to infrastructure based on job function utilizing the principle of least privilege. All access to the ingress points are closely monitored and are subject to stringent change control mechanisms.

Systems are protected through key-based authentication and access is limited by Role-Based Access Control (RBAC). RBAC ensures that only the users who require access to a system are granted appropriate access. We consider any system which houses customer data that we collect, or systems which house the data customers store with us to be of the highest sensitivity. As such, access to these systems is limited and closely monitored.

3. Security and Availability Monitoring

The security and availability of our infrastructure is extraordinarily important, and we understand that our role is to protect our customers from a variety of threats, many of which are highly sophisticated. User and system behaviors are monitored for suspicious activity, and investigations are performed following our incident reporting and response procedures. Root Cause Analysis is performed on all Security or Availability incidents regardless of whether they impact customer SLAs.

SOC 2 Type 2

ThreatX has an AICPA certified auditor issued SOC 2 Type 2 Report covering Security and Availability trust services criteria. The current report and bridge letter are available to existing customers who require it for their own compliance purposes. The description of the system contains the following information:

  1. The types of services provided;
  2. The components of the System used to provide the services, which are the following:
    Infrastructure. The physical structures, IT, and other hardware (for example, facilities, computers, equipment, and networks).
    Software. The application programs and IT System software that supports application programs (operating Systems, middleware, and utilities).
    People. The personnel involved in the governance, operation, and use of the System (developers, operators, entity users, and managers).
    Procedures. The automated and manual procedures involved in the operation of the System.
    Data. Metadata and web content data used or processed by the System;
  3. The boundaries or aspects of the System covered by the description;
  4. For information provided to, or received from, the subservice organizations or other parties:
    How such information is provided or received and the role of the subservice organizations and other parties.
    The procedures the service organization performs to determine that such information and its processing, maintenance, and storage are subject to appropriate controls.
  5. The applicable trust services criteria and the related controls designed to meet those criteria, including, as applicable, the following:
    Complementary user entity controls contemplated in the design of the service organization’s System.
  6. The service organization presents the subservice organizations using the carve-out method:
    The nature of the services provided by the subservice organizations. Each of the applicable trust services criteria that are intended to be met by controls at the subservice organizations, alone or in combination with controls at the service organization, and the types of controls expected to be implemented at the carved-out subservice organizations to meet those criteria.
  7. Applicable trust services criteria that are not addressed by a control at the service organization or subservice organization and the reasons.
  8. Relevant details of changes to the service organization’s System during the period covered by the description;

The description does not omit or distort information relevant to the service organization’s System while acknowledging that the description is prepared to meet the common needs of a broad range of users and may not; therefore, include every aspect of the System that each individual user may consider important to his or her own particular needs.

The controls stated in the description were suitably designed throughout the specified period to meet the applicable trust services criteria.


The ThreatX Web Application Firewall can be used to satisfy PCI-DSS Requirement 6.6 when deployed within a customer’s PCI environment. While the sensors do not store or transmit cardholder data (PANs, CVVs, etc..), maintaining effective security controls are the responsibility of the customer and should be validated by a QSA.

Existing customers who manage PCI compliant environments can include ThreatX on-premises sensors in their audit. At customer request, ThreatX can provide documentation to validate that cardholder data is not being stored or transmitted. Always follow your QSA’s guidance on implementing and testing PCI security controls.

The General Data Protection Regulation (GDPR) seeks to strengthen the security and protection of personal data in the EU and serve as a single piece of legislation for all of the EU. It replaces the EU Data Protection Directive and all the local laws relating to it. ThreatX supports GDPR and will ensure all our services comply with its provisions.

This Customer Data Processing Agreement reflects the requirements of the European Data Protection Regulation ("GDPR") as it comes into effect on May 25, 2018. ThreatX’s products and services offered in the European Union are GDPR ready and this DPA provides you with the necessary documentation of this readiness.

This Data Processing Agreement ("DPA") is an addendum to the Customer Terms of Service ("Agreement") between ThreatX, Inc. ("ThreatX") and the Customer. All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. Customer enters into this DPA on behalf of itself and, to the extent required under Data Protection Laws, in the name and on behalf of its Authorized Affiliates (defined below).

The parties agree as follows:

  1. Definitions

    "Affiliate" means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with an entity.

    "Authorized Affiliate" means any of Customer Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.

    "Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" shall be construed accordingly.

    "Controller" means an entity that determines the purposes and means of the processing of Personal Data.

    "Customer Data" means any data that ThreatX and/or its Affiliates processes on behalf of Customer in the course of providing the Services under the Agreement.

    "Data Protection Laws" means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.

    "EU Data Protection Law" means (i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (in each case, as may be amended, superseded or replaced).

    "Personal Data" means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law through ThreatX data security measures.

    "Privacy Shield" means the EU-US and Swiss-US Privacy Shield Frameworks, as administered by the U.S. Department of Commerce.

    "Privacy Shield Principles" means the Privacy Shield Framework Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision of 12 July 2016 pursuant to the Directive, details of which can be found at

    "Processor" means an entity that processes Personal Data on behalf of the Controller.

    "Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.

    "Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data.

    "Services" means any product or service provided by ThreatX to Customer pursuant to and as more particularly described in the Agreement.

  2. Scope and Applicability of this DPA

    2.1 This DPA applies where and only to the extent that ThreatX processes Personal Data on behalf of the Customer in the course of providing the Services and such Personal Data is subject to Data Protection Laws of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.

    2.2 Role of the Parties. As between ThreatX and Customer, Customer is the Controller of Personal Data and ThreatX shall process Personal Data only as a Processor on behalf of Customer. Nothing in the Agreement or this DPA shall prevent ThreatX from using or sharing any data that ThreatX would otherwise collect and process independently of Customer's use of the Services.

    2.3 Customer Obligations. Customer agrees that (i) it shall comply with its obligations as a Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to ThreatX; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for ThreatX to process Personal Data and provide the Services pursuant to the Agreement and this DPA.

    2.4 ThreatX Processing of Personal Data. As a Processor, ThreatX shall process Personal Data only for the following purposes: (i) processing to perform the Services in accordance with the Agreement; (ii) processing to perform any steps necessary for the performance of the Agreement; and (iii) to comply with other reasonable instructions provided by Customer to the extent they are consistent with the terms of this Agreement and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to ThreatX in relation to the processing of Personal Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and ThreatX.

    2.5 Nature of the Data. ThreatX handles Customer Data provided by Customer. Such Customer Data may contain special categories of data depending on how the Services are used by Customer. The Customer Data may be subject to the following process activities: (i) storage and other processing necessary to provide, maintain and improve the Services provided to Customer; (ii) to provide customer and technical support to Customer; and (iii) disclosures as required by law or otherwise set forth in the Agreement.

    2.6 ThreatX Data. Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that ThreatX shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, ThreatX is the Controller of such data and accordingly shall process such data in compliance with Data Protection Laws.

  3. Security

    3.1 Security Measures. ThreatX shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with ThreatX 's security standards described in Annex B ("Security Measures").

    3.2 Confidentiality of Processing. ThreatX shall ensure that any person who is authorized by ThreatX to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

    3.3 Security Incident Response. Upon becoming aware of a Security Incident, ThreatX shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.

    3.4 Updates to Security Measures. Customer acknowledges that the Security Measures are subject to technical progress and development and that ThreatX may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.

  4. Security Reports and Audits

    4.1 ThreatX shall maintain records of its security standards. Upon Customer's written request, ThreatX shall provide (on a confidential basis) copies of relevant external audit report summaries and/or other documentation reasonably required by Customer to verify ThreatX 's compliance with this DPA. ThreatX shall further provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security and audit questionnaires, that Customer (acting reasonably) considers necessary to confirm ThreatX 's compliance with this DPA, provided that Customer shall not exercise this right more than once per year.

  5. International Transfers

    5.1 Processing Locations. ThreatX stores and processes EU Data (defined below) in data centers located inside and outside the European Union. All other Customer Data may be transferred and processed in the United States and anywhere in the world where Customer, its Affiliates and/or its Sub-processors maintain data processing operations. ThreatX shall implement appropriate safeguards to protect the Personal Data, wherever it is processed, in accordance with the requirements of Data Protection Laws.

    5.2 Transfer Mechanism: Notwithstanding Section 5.1, to the extent ThreatX processes or transfers (directly or via onward transfer) Personal Data under this DPA from the European Union, the European Economic Area and/or their member states and Switzerland ("EU Data") in or to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws of the foregoing territories, the parties agree that ThreatX shall be deemed to provide appropriate safeguards for such data by virtue of having certified its compliance with the Privacy Shield and ThreatX shall process such data in compliance with the Privacy Shield Principles. Customer hereby authorizes any transfer of EU Data to, or access to EU Data from, such destinations outside the EU subject to any of these measures having been taken.

  6. Return or Deletion of Data

    6.1 Upon deactivation of the Services, all Personal Data shall be deleted, save that this requirement shall not apply to the extent ThreatX is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data ThreatX shall securely isolate and protect from any further processing, except to the extent required by applicable law.

  7. Cooperation

    7.1 To the extent that Customer is unable to independently access the relevant Personal Data within the Services, ThreatX shall (at Customer's expense) taking into account the nature of the processing, provide reasonable cooperation to assist Customer by appropriate technical and organizational measures, in so far as is possible, to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to ThreatX, ThreatX shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If ThreatX is required to respond to such a request, ThreatX shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.

    7.2 To the extent ThreatX is required under Data Protection Law, ThreatX shall (at Customer's expense) provide reasonably requested information regarding ThreatX 's processing of Personal Data under the Agreement to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.

  8. Miscellaneous

    8.1 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.

    8.2 This DPA is a part of and incorporated into the Agreement so references to "Agreement" in the Agreement shall include this DPA.

    8.3 In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise.

    8.4 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.

These Terms of Service (these “Terms”) govern the Services to be provided by Threat X, Inc. (“Threat X”) to the Customer identified in the proposal, order, statement of work, online order form or similar document agreed to by Threat X and Customer for the Services (the “Order”). These Terms and the Order are referred to collectively as this “Agreement”. In the event of a conflict between these Terms and the Order, these Terms shall control unless the conflicting term of the Order expressly states otherwise.

If Customer has signed a separate written agreement with Threat X for the provision of the Services (“Services Agreement”), the terms of the separate Services Agreement will supersede and replace these Terms.

Threat X and Customer agree as follows:

1. Definitions.

1.1 "Dashboard" means Threat X’s proprietary web application which enables End Users to access, control, and monitor the Services.

1.2 "Documentation" means the specifications and functional requirements published by Threat X for the Services and provided to Customer in either electronic, online help files or hard copy format, but specifically excluding any marketing, promotional, and similar materials.

1.3 "End User" means Customer’s officers, employees, directors, independent contractors and other individuals who are authorized by Customer to access and use the Dashboard on Customer’s behalf in connection with the operation of the Services.

1.4 "Intellectual Property Rights" means any and all worldwide intellectual property rights, including copyrights, trademarks, service marks, trade secrets, know how, inventions, patents, patent applications, moral rights and other proprietary rights, whether registered or unregistered.

1.5 "Purchased Services" mean those Services paid for in full which are not offered under a Trial.

1.6 "Services" means those cloud-based security and related services ordered by Customer pursuant to an Order, which may include, without limitation, access to the Dashboard and access to the Software Client.

1.7 "Software Client" means any software programs provided by Threat X to Customer which enables Customer to access the Services, along with any modified, updated, or enhanced versions thereof.

1.8 "Traffic Data" means any metadata, web traffic, or similar data made available to Threat X in connection with the Services.

1.9 "Trial Services" mean those Services provided under a Trial.

1.10 "Trial" means the provision of Services on a trial basis or for evaluation purposes as specified in an Order.

2. Services.

2.1 Delivery of the Services. Subject to the terms and conditions of this Agreement, Threat X shall provide the Services to Customer pursuant to this Agreement during the applicable Service Term (defined below). The Services are made available through the Internet. Customer is solely responsible for acquiring, installing and maintaining all connectivity equipment, Internet and network connections, hardware, software and other equipment necessary to access the and use the Services.

2.2 Dashboard. If access to the Dashboard is included in the Services set forth in an Order, then subject to the terms of this Agreement, Threat X grants to Customer a personal, limited, non-exclusive, non-transferable, and non-sublicensable right to permit End Users to access and use the Dashboard in accordance with the Documentation solely in order to monitor and operate the Services. Each End User will be assigned a unique user identification name and password (“User ID”) for access to the Dashboard. Customer is responsible for ensuring the security and confidentiality of its User IDs and will not permit any User ID to be shared with any person. Customer is responsible for any activities or actions taken under its User IDs, whether or not Customer has authorized such activities or actions. Threat X reserves the right to require Customer to change User ID passwords for any reason at any time, and upon reasonable written notice. If Customer becomes aware of any unauthorized access to or use of the Dashboard or unauthorized use of any User ID, Customer shall immediately notify Threat X at Threat X is not liable for any loss or damage arising from Customer failure to comply with the above requirements. Customer shall: (a)provide to Threat X a list of personnel authorized to access the Dashboard, and (b)communicate to Threat X a list of authorized personnel who can authorize new and changed access to the Services.

2.3 Software Client. Threat X may provide Customer with access to a Software Client in order to access and use the Services. In such cases, and subject to the terms of this Agreement, Threat X grants to Customer, during the Service Term, a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, reproduce, install and use the Software Client in object code form solely in order to enable the Services as permitted herein. Threat X may automatically update or upgrade the Software Client from time to time.

2.4 Support; Uptime. Threat X will provide reasonable technical support for the Purchased Services in accordance with the level of support indicated in the applicable Order. If Customer wishes to obtain additional support or consulting services concerning the Services, such services may be provided in Threat X’s discretion on a time and materials basis at Threat X’s then-current rates, or as otherwise agreed by the parties. Threat X may, but has no obligation to, provide technical support for any Services offered in connection with a Trial. Threat X will use commercially reasonable efforts to maintain uptime for the Services (excluding the Dashboard) of at least 99.999% of each calendar month of the Services Term and uptime for the Dashboard of at least 99.9% of each calendar month. Threat X agrees to credit Customer 1/10th of monthly service fee if the Service Terms and uptime for the Dashboard does not meet at least 99.9% of each calendar month. Service interruptions due to (a)scheduled maintenance, (b)issues arising from misuse of the Service by Customer, or (c)events beyond Threat X’s reasonable control, shall not be deemed downtime for purposes of the foregoing calculations.

3. Trial Services.

3.1 Trials. An Order may specify that that the Services are to be provided under a Trial. Threat X reserves the right, in its absolute discretion, to determine Customer’s eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and without liability. The Order will specify the duration of the Trial (the “Trial Period”). Unless otherwise agreed by the parties in writing, the Trial Period for each Trial is fifteen (15) days. Either party may terminate the Trial at any time upon notice to the other party.



4. Customer Obligations. In addition to any other obligations set forth in this Agreement, Customer: (a) is solely responsible for the accuracy, quality and legality of the Traffic Data and the means by which Customer acquires its Traffic Data, including any personally identifiable information of Customer’s customers, employees or other users;  (b) shall use the Dashboard and any results from the Services only in accordance with this Agreement and applicable laws and government regulations; (c) is responsible for its officers’, employees’, directors’, independent contractors’, End Users’, and its other personnel’s compliance with this Agreement; (d) respond to DDoS notification from Threat X within four hours; (e) whitelist all Threat X Sensor Network addresses within two (2) business days of notification by Threat X; (f) notify Threat X within one (1) business day when a security incident is identified that may impact the Services; and (g) restrict physical and logical access to any Software Client used or provided by Threat X in connection with the Services. In addition, Customer shall designate a point of contact who shall be authorized to make decisions on behalf of Customer (“Designated Contact”). Threat X shall be permitted to rely upon the direction and authorizations provided by the Designated Contact. Customer may update the Designated Contact upon notice to Threat X.

5. Proprietary Rights and Restrictions on Use.

5.1 Ownership of the Services. The Services (including the Dashboard) and the Software Client, any updates, enhancements, or modifications to the foregoing, and all worldwide Intellectual Property Rights therein, are the exclusive property of Threat X and its licensors. All rights not expressly granted to Customer in this Agreement are reserved by Threat X.

5.2 Traffic Data; License. As between Threat X and Customer, Customer is the sole owner of Customer’s Traffic Data and all Intellectual Property Rights therein. Customer acknowledges and agrees that Threat X requires access to the Traffic Data in order to provide the Services. Customer hereby grants to Threat X a worldwide, non-exclusive, right and license to host, copy, transmit, display, de-encrypt and otherwise use the Traffic Data for the limited purpose of performing Threat X obligations hereunder for the benefit of Customer. If Threat X retains a third party service provider to assist in performing the Services, Customer agrees that Threat X may permit such service providers to host, copy, transmit, display, de-encrypt and otherwise use the Traffic Data in connection with the provision of the Services.

5.3 Aggregated Intelligence. Notwithstanding the foregoing, Threat X reserves the rights to (a) collect information about Customer’s use of the Services, (b) analyze Customer’s Traffic Data using Threat X’s threat detection tools, and (c) aggregate such information and analysis (on an anonymous basis that does not attribute such information or analysis to Customer) with other security and threat intelligence data and information (subsections (a), (b) and (c) collectively, the “Aggregated Intelligence”). Threat X will provide Aggregated Intelligence to Customer at Customer’s reasonable request. Customer acknowledges and agrees that Aggregated Intelligence does not constitute Customer’s Confidential Information (as defined below) and may be shared by Threat X with third parties. Customer hereby grants to Threat X a limited, non-exclusive, royalty-free license, perpetual, and irrevocable right and license to use and reproduce Customer’s Traffic Data for the purposes of creating, using and exploiting Aggregated Intelligence. All right, title, and interest in and to the Aggregated Intelligence shall be owned solely by Threat X.

5.4 Restrictions. Except as expressly permitted in this Agreement or as otherwise authorized by Threat X in writing, Customer will not, and will not permit any End User to (a)modify, adapt, alter, translate, or create derivative works from the Services or the Software Client; (b)sublicense, lease, rent, loan, sell, distribute, make available or otherwise transfer the Services or the Software Client or access to Dashboard to any third party; (c)reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or the Software Client in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Services; (d) interfere in any manner with the operation of the Services or the Software Client; (e) remove, alter, or obscure any proprietary notices (including copyright notices) of Threat X or its licensors displayed in connection with the Services or the Software Client; or (f)otherwise use the Services or the Software Client except as expressly allowed under this Agreement.

6. Fees and Payment.

6.1 Fees. Customer shall pay all fees specified in the Orders. Except as otherwise specified herein or in an Order: (1) fees are based on Services purchased and not actual usage, (2) payment obligations are noncancelable and fees paid are non-refundable, unless cancelled per the provisions in this Agreement, and (3) quantities purchased cannot be decreased during the then-current Initial Service Term or Renewal Service Term (as applicable). Threat X may adjust the fees for Services under an Order by providing notice to Customer at least sixty (60) days prior to the expiration of the then-current Service Term.

6.2 Bandwidth True-Up. The Order sets forth Threat X’s good faith estimate of Customer’s required bandwidth usage when using the Services in accordance with this Agreement (“Estimated Bandwidth”). Threat X will periodically calculate Customer’s actual bandwidth usage by calculating Customer’s average bandwidth usage over the preceding period (“Actual Bandwidth”). Such calculation shall be made in good faith and Threat X’s calculation of Actual Bandwidth shall be binding, provided that Threat X shall provide supporting documentation for its calculation of Actual Bandwidth upon request (“Bandwidth True-Up”). In the event that Actual Bandwidth exceeds Estimated Bandwidth, Threat X may invoice Customer for the additional fees that would have been payable for such period based on Actual Bandwidth. Thereafter and for the remainder of the Service Term, the Estimated Bandwidth will be increased to align with Actual Bandwidth and fees payable for the Services shall be adjusted accordingly.

6.3 Invoicing and Payment. Threat X will invoice Customer in advance based on Estimated Bandwidth, in arrears for any Bandwidth True-Up, and otherwise in accordance with the relevant Order. Unless otherwise stated in the Order, invoiced charges are due within thirty (30) days from the invoice date. Customer is responsible for providing complete and accurate billing and contact information to Threat X and notifying Threat X of any changes to such information.

6.4 Late Payment Remedies. If any invoiced amount is not received by Threat X by the due date, then without limiting any other rights or remedies, then those charges will accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer under this Agreement is thirty (30) or more days overdue, Threat X may, without limiting its other rights and remedies, suspend the Services to Customer until such amounts are paid in full. Threat X will provide at least ten (10) days’ notice prior to suspending the Services for late payment. Customer shall be responsible for all costs and expenses incurred by Threat X in connection with its efforts to collect amounts due hereunder.

6.5 Taxes. All fees and other amounts payable by Customer do not include any taxes, levies, duties or similar governmental assessments of any nature, including without limitation value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever, but specifically excluding any taxes based on Threat X’s income, property or employees (collectively, “Taxes”). Customer is responsible for paying all Taxes, and any related penalties and interest, associated with the fees and Services. Customer shall make all payments to Threat X free and clear of, and without reduction for, any Taxes. If Threat X has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, Threat X will invoice Customer and Customer shall pay such amounts unless Customer provides Threat X with a valid tax exemption certificate authorized by the appropriate taxing authority. Customer shall indemnify and hold Threat X harmless from any claims, losses, costs (including reasonable attorneys’ fees), damages or liabilities arising out of or relating to Customer’s failure to pay any Taxes. We are solely responsible for taxes assessable against us based on our income, property and employees.

6.6 Purchase Orders. If Customer requires the use of a purchase order or purchase order number, Customer (a) must provide the purchase order number at the time of purchase and (b) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void.

7.Warranties; Disclaimers.

7.1 Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so.

7.2 Threat X Warranties. Threat X warrants that during the Service Term: (a) the Purchased Services shall perform materially in accordance with the applicable Documentation, and (b) Threat X shall not materially decrease the functionality of the Purchased Services. Threat X’s sole obligation and Customer’s exclusive remedy for any claim for breach of warranty under this Agreement is for Threat X to modify the Purchased Services to conform with the applicable warranty or, at Threat X’s option, to terminate the applicable Order and provide a refund of any amounts paid by Customer for the period falling after the effective date of such termination. Customer understands and agrees that the foregoing warranty does not apply to any Services provided under a Trial.

7.3 By Customer. Customer represents, to Threat X that: (a) Customer will use the Services only in compliance with Threat X’s standard published policies then in effect and all applicable laws and regulations, (b) Customer has the necessary rights and licenses required to provide its Traffic Data to Threat X in connection with use of the Services, (c) Customer has obtained, from each of its own customers, employees, contractors, and other End Users, appropriate and informed prior consent to the processing of their personal data by Threat X for purposes of providing the Services, and (d) Customer’s provision of Traffic Data to Threat X does not violate any intellectual property or privacy rights of third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, Customer shall provide all notices to, and obtain any consents from, any data subject as required by any applicable law, rule or regulation in connection with the processing of any personally identifiable information of such data subjects via the Services by Threat X and/or by Customer.


8. Confidentiality.

8.1 Definition. “Confidential Information" means the terms and conditions of this Agreement and all information related to a party’s business, financial affairs or operations, including but not limited to information related to business plans, technology, source code, product or service development plans, pricing, techniques and methods, which is either marked or identified as confidential or which the receiving party knew or reasonably should have known, under the circumstances, was confidential. Threat X’s Confidential Information includes the Services and its pricing. Customer’s Confidential Information includes the Traffic Data.

8.2 Protection. The party receiving Confidential Information (“Receiving Party”) from the other party (“Disclosing Party”) will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care.

8.3 Exceptions. The Receiving Party’s obligations under Section 8.1 with respect to any Confidential Information of the Disclosing Party will terminate if and when the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) is independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure in writing prior to making such disclosure and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure.

8.4 Return of Information. Except as otherwise expressly provided in this Agreement, the Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party’s possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the written request of the Disclosing Party or upon the expiration or termination of this Agreement, other than any such information that Threat X is required by law to retain. Upon the request of the Disclosing Party, the Receiving Party will certify in a writing signed by an officer of the Receiving Party that it has fully complied with its obligations under this Section8.4.

8.5 Publicity and Public Evaluation. Customer shall not, without Threat X’s prior written consent, publish or disclose to any third party an evaluation of the Service. Threat X may, without Customer’s prior consent, display Customer’s name and/or logo on any list of its customers.

9. Term and Termination.

9.1 Term. The term of this Agreement shall commence on the Effective Date and shall continue for the period specified in the Order (the “Initial Service Term”). Thereafter, unless specified otherwise in the Order, this Agreement will automatically renew for additional one (1) year periods (each a “Renewal Service Term”) unless a party provides written notice of its intent to not renew at least thirty (30) days prior to the expiration of the then-current Initial Service Term or Renewal Service Term. The Initial Service Term and each Renewal Service Term are referred to collectively as the “Service Term”).

9.2 Termination. Either party may terminate this Agreement if the other party breaches any material provision of this Agreement and does not cure such breach within fifteen (15) days after receiving written notice thereof.

9.3 Effects of Termination. Upon termination or expiration of this Agreement for any reason, any amounts owed to Threat X under this Agreement before such termination or expiration will be immediately due and payable, all rights granted by Threat X to Customer in this Agreement will immediately cease to exist and Customer must discontinue all use of the Services, return to Threat X or destroy all copies of Threat X Confidential Information in Customer’s possession or control, and remove and destroy any copies of the Software Client in its possession or control. Upon termination or expiration of any Services that require DNS routing, Customer shall have a period of fifteen (15) days to reroute traffic back to its IP address. Customer solely responsible for such rerouting and Threat X, its partners, and suppliers shall have no liability for Customer’s failure to do so. Sections 1, 5, 7, 8, 9.3, 9.4, 10, 11, and 12 together with any accrued payment obligations, will survive expiration or termination of this Agreement for any reason.

9.4 Traffic Data Upon Termination. Due to the size and volume of Traffic Data transmitted to and stored with Threat X, Threat X cannot return or make the Traffic Data available to Customer upon the termination or expiration of this Agreement. Therefore, Threat X will have no obligation to maintain or provide Traffic Data to Customer upon the termination or expiration of this Agreement, except that Threat X will continue to maintain its confidentiality in accordance with Section 8. Within thirty (30) days after the effective date of termination or expiration of this Agreement, Threat X will delete or destroy Customer’s Traffic Data in its systems or otherwise in its possession or control as provided in the Documentation for the Services, unless legally prohibited.

10. Indemnification.

10.1 By Customer. Customer will defend Threat X, its directors, officers, employees, and contractors (“Threat X Indemnitees”) from and against any third party claim brought against a Threat X Indemnitee which arises in connection with: (a) the Traffic Data or Threat X’s use thereof as permitted in this Agreement, (b) Customer’s use of the Services in violation of this Agreement; or (c) End Users’ use of the Services in violation of this Agreement (each a “Threat X Claim”). Customer will pay those costs, expenses (including reasonable attorney’s fees), damages, costs of settlement, and other losses (“Losses”) incurred or suffered by Threat X in connection with any Threat X Claim.

10.2 By Threat X. Threat X will defend Customer, its directors, officers, employees, and contractors (“Customer Indemnitees”) from and against any third party claim brought against a Customer Indemnitee alleging that the Purchased Services infringe upon or misappropriate any United States patent or copyright (“Customer Claim”). Threat X will pay those Losses incurred or suffered by Customer in connection with any such Customer Claim. In no event will Threat X have any obligations or liability under this Section arising from: (a) use of any Services in a modified form or in combination with materials not furnished by Threat X or (b) any content, information, or data provided by Customer, End Users, or other third parties. Threat X’s defense and indemnity obligations in this Section are Threat X’s sole obligations and Customer’s sole and exclusive remedy for any claim, suit, or action related to or arising from an infringement claim.

10.3 Possible Infringement. If Threat X believes the Services infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then Threat X may: (a) obtain the right for Customer, at Threat X’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If Threat X does not believe the options described in this Section are commercially reasonable then Threat X may suspend or terminate Customer’s use of the affected Services (with a pro-rata refund of prepaid fees for the Services).

10.4 Indemnification Procedures. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party will have full control and authority over the defense, except that: (a) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (b) the other party may join in the defense with its own counsel at its own expense.


12. General.

12.1 Non-Exclusive. This Agreement shall not be construed to limit or prohibit Threat X in any manner or fashion in providing products and/or services of any type of nature including those identical to the Services to any other customer in its sole discretion.

12.2 Assignment. Neither party may assign or transfer, by operation of law or otherwise, any of its rights under this Agreement (including the license rights granted to Customer to access the Service) to any third party without the other party’s prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, either party may assign its rights and obligations under this Agreement to a parent, affiliate, or subsidiary, or to a successor, whether by way of merger, sale of all or substantially all of its assets or otherwise. Any attempted assignment of this Agreement not in accordance with this Section shall be null and void.

12.3 Relationship of Parties. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner, employee, agent or joint venture partner of or with the other, and neither party has the right or authority to assume or create any obligation on behalf of the other party.

12.4 Force Majeure. Except for any payment obligations, neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder for any cause which is beyond the reasonable control of such party.

12.5 Notices. All notices, consents, and approvals under this Agreement must be delivered in writing by courier or internationally recognized overnight delivery service, or by certified or registered mail (postage prepaid and return receipt requested) and are deemed given when received. Notices to Customer may also be sent to the email address of the Designated Contact and will be deemed given when sent. Customer is responsible notifying Threat X of any change in its contact information. In the event that the last e-mail address Customer provided is not valid, or for any reason is not capable of delivering to Customer any notices required/permitted by this Agreement, Threat X’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Notices to Threat X must be sent to Threat X, Inc., 363 Centennial Parwkway, Suite 150, Louisville, CO 80027 with a copy to the Legal Department (

12.6 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of Colorado, without reference to its choice of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

12.7 Arbitration. The parties shall resolve any action brought by any party under or in relation to this Agreement, including to interpret or enforce any provision of this Agreement, by final and binding arbitration under the then-existing arbitration rules and procedures of JAMS (the “Administrator”) regarding commercial or business disputes; however, any party may seek a temporary or permanent injunction in connection with this Agreement in any court having competent jurisdiction. There will be one arbitrator, to be appointed by the Administrator, in any such action unless the amount in dispute exceeds the equivalent of U.S. $1,000,000, in which event there will be three arbitrators. When three arbitrators are involved, (a) each party shall appoint one arbitrator from a list provided by the Administrator, (b) those two arbitrators are to appoint the third within thirty days, and (c) the third arbitrator will be the Chairman. The arbitration hearing will be held in Denver, Colorado and will be conducted in English. Any arbitration will be limited to the dispute between Threat X and Customer. Unless otherwise agreed by the parties in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Services or this Agreement must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.

12.8 Injunctive Relief. Each party acknowledges that a breach or threatened breach of Section 5.4 or Section 8 would cause irreparable harm to the non-breaching party, the extent of which would be difficult to ascertain. Accordingly, each party agrees that, in addition to any other remedies to which a party may be legally entitled, the non-breaching party shall have the right to seek immediate injunctive or other equitable relief in the event of a breach of Section 5.4 or Section 8 by the other party or any of its employees or agents.

12.9 Export Control. Customer may not use, export, import or transfer the Services of Software Client or any results thereof except as authorized by U.S. law, the laws of the jurisdiction in which Customer obtained the Services and any other applicable laws. In particular, but without limitation, the Services and any results thereof may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone of the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, Customer represents and warrants that (i) Customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) Customer is not listed on any U.S. Government list of prohibited or restricted parties. Customer acknowledges and agrees that products, services or technology provided by Threat X are subject to the export control laws and regulations of the United States. Customer shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Services, or any portion thereof or result therefrom, either directly or indirectly, to any country in violation of such laws and regulations. Customer shall indemnify and hold Threat X harmless from and against its violation of this Section and any export laws and regulations.

12.10 Waivers. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

12.11 Severability. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12.12 Government Entities. If Customer is a U.S. government entity, Customer acknowledges that any Services and Software Clients provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

12.13 Modification. Threat X may modify these Terms for any Renewal Term by providing notice at least sixty (60) days prior to the commencement of such Renewal Term. Modifications become effective immediately upon the commencement of the Renewal Term.

12.14 Entire Agreement. This Agreement (including all exhibits and attachments) constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral regarding such subject matter.

  1. Consent

  2. By using this website and providing personally identifiable information in your interactions with ThreatX, you consent to the collection and use of the information as described in this privacy policy. The purpose of this privacy policy is to provide you with clear and understandable information about ThreatX’s privacy practices.

  3. Types of Information We May Gather

    When you visit and use our websites, products and services, we may collect data or ask you to provide certain data, including Personal Data, about you as you use our websites, products and services and interact with us, for the purpose of helping us manage our relationship with you. "Personal Data" is any data relating to an identified or identifiable individual, and may include name, address, email address, phone number, login (account number, password), marketing preferences, social media account, or payment card number. If we link other data with your Personal Data, we will treat that linked data as Personal Data. We also collect Personal Data from trusted third-party sources and engage third-parties to collect Personal Data to assist us. This data may include:

    • Contact details, such as name, mailing address, email address and phone number;
    • Billing data;
    • Your transaction history;
    • Data you provide to us to receive technical assistance or during customer service interactions;
    • Data about other people that you may provide with any program or services including marketing programs;
    • Data about your computer or device, including browser type and settings, IP address and traffic data relating to your Internet connection; and
    • Performance data and details about how you use our products and services.
  4. When you choose to provide us with Personal Data about third-parties, we will only use this data for the specific reason for which you elect to provide it. It is your responsibility to ensure that when you disclose to ThreatX Personal Data of individuals other than yourself – such as your contacts, your users or other third-parties – you abide by applicable privacy and data security laws, including informing users and third-parties that you are providing their Personal Data to ThreatX, informing them of how it will be transferred, used, or processed, securing appropriate legal permissions and safeguards required for such disclosures, transfers and processing. If you choose to provide ThreatX with a third-party's Personal Data (such as name, email, and phone number), you represent that you have the third-party's permission to do so. Examples include forwarding reference or sending job referrals. You also acknowledge that when we interact with such third-party individuals whose Personal Data you share with us, it is our duty to inform them that we obtained their Personal Data from you. Where applicable, third-parties may unsubscribe from any future communication following the link provided in the initial message or as indicated in the "Contact Us" section of this Statement. If you believe that one of your contacts has provided us with your Personal Data and you would like to request that it be removed from our database, please contact us.

  5. How We Use Your Information

  6. The information ThreatX collects is intended to allow ThreatX to communicate with you, process your transactions effectively and efficiently and plan future programs and services to better serve you. ThreatX collects electronic information solely for the purpose of diagnosing problems with the ThreatX services and to administer the website, or for some corporate subscribers, to determine access rights. If you choose to restrict use of your information, you may not receive certain communications from ThreatX that may be of interest to you. Because of the nature of computer data storage, any information that you restrict will remain stored but will not be accessed in the normal course of business. ThreatX will comply with any court orders that may be received requiring us to disclose information, regardless of whether you have requested that the information be restricted.

    ThreatX promotes our commercial offerings to our customers and audiences that are most likely to find the information relevant. We will therefore collect and process data to that end as explained below. However, where we are legally required to obtain your consent to provide you with certain marketing materials, we will only provide you with such marketing materials where we have obtained such consent from you. If you do not want to continue receiving any marketing materials from us, you can click on the unsubscribe function in the communication or e-mail, or clicking on the following link: unsubscribe from general marketing offers.

    In addition to the purposes described above, we may, in compliance with applicable legal requirements, use your Personal Data to provide you with advertisements, promotions and information about products and services tailored to you and your needs. This may include demographic data or trend data provided by third-parties, where permitted. Contact details, including phone numbers, mail and email addresses, may be used to contact you. If you do not want us to use your Personal Data in this way, you can simply choose not to consent to such use of your data on the webpages and/or forms through which such Personal Data is collected. You can also exercise this right at any time by notifying us through the Contact Us Section.

    Third-parties may provide us with Personal Data they have collected about you from you or from further online and offline sources, such as marketing data from our partners and third-parties that is combined with information we already have about you, to provide you with more relevant communications and better tailored offers. We make reasonable efforts to verify that the third-parties we engage for such purposes are reputable and law-abiding and we will not solicit them to disclose to us Personal Data we do not have a lawful purpose to collect and process. However, we are not liable for any processing of your Personal Data by such third-parties prior to, during or after them providing it to us. We may combine such Personal Data with the Personal Data we already have about you to provide you with a better experience, evaluate your interest in our products or improve the quality of our offerings.

  7. Disclosure of Personal Data to Third Parties

    We may provide your data including the data about your interests in our products to Third-Parties for the purposes of promoting our products and services. Where we provide you with interest-based ads on a site other than our own, we do not track your other activities on that site. If you click on our ads, we will know only the domain you came from.

    We may disclose non-identifying, aggregated information collected through our website to third parties for a variety of purposes, but only in a way that would not allow you or any other person to be identified.

    If you send electronic mail messages to us, we may use your personal information (including your email address), for responding to your inquiry, improving our services to you and other customers, and tracking the inquiries we receive.

  8. Collection of Personal Data from Children

    We will not knowingly collect or post information from children under the age of 18 without a parent’s or guardian’s consent. We do not provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. We will not use information collected from children for any marketing or promotional purposes whatsoever, either inside or outside the company.

  9. Security

    Security of your personal information is important, and we honor your choices for its intended use. Once received, we work to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. However, if we receive a subpoena or other enforceable order to disclose information, we will need to comply. In addition, if we are sold, assigned, merged, etc., the successor company may receive and use your data subject to its own privacy statement.

  10. Other Sites

    This privacy statement applies only to this website. While this website may contain links to other third-party sites, we are not responsible for the practices or contents of such third-party sites.

  11. Policy Changes

    We reserve the right to change this policy at any time by posting a notice on our website of the existence and location of the new or revised privacy statement. Such posting shall be the sole notice required to make the new or revised policy statement effective. Please check this policy statement on a regular basis.

  12. Enforcement

    If for some reason you believe we have not adhered to this policy statement, please notify us through the Contact Us Section and we will do our best to determine and correct the problem promptly. Be certain the words "Privacy Statement" are in the subject line.

If you have questions or concerns about these policies, or you wish to report an issue please contact us.

Our Customer Support team will get in touch with our Security team to properly handle your request.