ProjectDiscovery Terms of Service
Effective Date: September 24, 2026
Last Updated: September 24, 2026
These Terms of Service (these "Terms") are an agreement between ProjectDiscovery, Inc., a Delaware corporation ("ProjectDiscovery," "we," "us," or "our"), and the individual or entity that accepts them ("you" or "your"). They govern your access to and use of the ProjectDiscovery Cloud Platform and Neo. Schedule 1 contains additional terms for Neo. Schedule 2 contains additional terms for the ProjectDiscovery Cloud Platform. The Schedules form part of these Terms.
BY CREATING AN ACCOUNT, CLICKING TO ACCEPT, SIGNING AN ORDER FORM THAT INCORPORATES THESE TERMS, OR ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
Scope and Order of Precedence
1.1 What these Terms cover
These Terms apply to the Services, including PDCP and Neo, on all plans, except as stated in Section 1.3. These Terms do not apply to ProjectDiscovery's open-source tools, including Nuclei, which are licensed under their own open-source licenses.
1.2 Accepting these Terms
If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" means that entity. You must be at least 18 years old to use the Services. The Services are intended for business and professional use.
1.3 Signed agreements
(a) Signed agreements. If you have a written agreement with ProjectDiscovery, signed by both parties, that covers a Service and does not incorporate these Terms, that agreement governs your use of that Service instead of these Terms.
(b) Online acceptance. Accepting these Terms online or using a free or self-serve plan does not change, replace, or add to a signed agreement or Order Form, and these Terms govern any account or Service it does not cover.
(c) Order of precedence. If documents conflict, the following order applies: (1) a data processing addendum signed by both parties, for the processing of personal data; (2) a signed agreement or Order Form, for the Services it covers; (3) the Schedule for a Service, for that Service only; (4) these Terms; and (5) policies and pages linked from these Terms.
1.4 Prior versions
If you signed an Order Form before the Effective Date, the terms it incorporated continue to apply until its next renewal, and after that, references to our earlier terms (including the "ProjectDiscovery Platform Terms of Service" and the "Neo Terms of Service") or to https://projectdiscovery.io/terms mean these Terms. Earlier versions are available on request at legal@projectdiscovery.io.
Definitions
"Affiliate" means an entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means owning 50% or more of the voting interests of the entity.
"AI Features" means functionality in the Services that uses AI Models to process inputs and generate outputs or take actions.
"AI Models" means machine learning or artificial intelligence models, whether provided by ProjectDiscovery or by third parties.
"AI Output" means any response, analysis, finding, code, report, or other output generated by the AI Features.
"Asset" means any system, device, application, service, or component addressable by a distinct domain, subdomain, or IP address, regardless of the number of ports or services exposed, whether internal or external, that you submit to a Service for discovery, scanning, testing, or analysis.
"Authorized User" means an individual whom you authorize to use the Services under your account, such as your employees and contractors, up to the seat limit of your plan. If you are an individual using the Services for yourself, you are the Authorized User.
"Customer Data" means data that you or your Authorized Users submit to the Services, and data the Services generate for you, including Asset information, prompts and instructions, files and code you upload or connect, Scan Results, and AI Output. Customer Data does not include Statistical Usage Data or Feedback.
"Documentation" means the user guides and technical documentation for the Services that we make available online, as updated from time to time.
"Fees" means the amounts payable for the Services, as shown at the time of purchase for a Self-Serve Subscription or as set out in an Order Form.
"Free Access" has the meaning given in Section 3.3.
"Harmful Code" means viruses, worms, time bombs, Trojan horses, malware, or other code designed to cause harm or to gain unauthorized access.
"Neo" means ProjectDiscovery's AI security platform available at neo.projectdiscovery.io, and its related applications and APIs.
"Order Form" means an ordering document for the Services signed by you and ProjectDiscovery (or, where Section 7.8 applies, entered into through a Reseller) that identifies the Services, quantities, Fees, and Subscription Term.
"PDCP" means the ProjectDiscovery Cloud Platform available at cloud.projectdiscovery.io, and its related APIs.
"Pricing Page" means https://projectdiscovery.io/pricing, as updated from time to time.
"Reseller" means a third party that ProjectDiscovery has authorized to resell the Services, including through a cloud marketplace.
"Scan Results" means the findings, analysis, and remediation guidance the Services generate about your Assets, in any format, including reports, exports, notifications, and API responses.
"Self-Serve Subscription" means a paid subscription purchased through a ProjectDiscovery product interface without an Order Form.
"Sensitive Data" means (i) special categories of personal data listed in Article 9(1) of the EU General Data Protection Regulation; (ii) protected health information under HIPAA; (iii) payment card data or financial account numbers; (iv) social security numbers, driver's license numbers, or other government identification numbers; and (v) other information that the law gives special protection, such as children's personal data.
"Services" means PDCP, Neo, and any related APIs, software, Support Services, and other services that we provide to you under these Terms, excluding the open-source tools described in Section 1.1.
"SLA" means the Service Level Agreement and Support Terms at https://projectdiscovery.io/sla-terms.
"Statistical Usage Data" means data about how the Services are accessed and used, such as login activity, feature usage, numbers of Assets, scan and task volume, and performance and error metrics, that does not include the content of Customer Data.
"Subscription Term" means the period during which you are entitled to use a paid Service, as set out in an Order Form or, for a Self-Serve Subscription, the billing period then in effect and any renewals.
"Support Services" means the support we provide for a paid Service, as described in the applicable Schedule and, where it applies, the SLA.
"top-ups" means additional usage for a Neo Pay as you go subscription that you buy in addition to your plan's included allowance, as described in Schedule 1.
"Usage Metrics" means the limits and units that measure your use of a Service and its Fees, such as Assets, seats, or usage allowances, as set out in your plan.
In these Terms, "including" means "including without limitation." In an Order Form, the SLA, or an earlier version of these Terms, "Customer" means you, "Platform" means the Services covered by that document, "Unique Asset" means an Asset, and "Free Access Subscription" means Free Access.
Using the Services
3.1 Access and license
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right, during your Subscription Term, while you have Free Access, or while we give you read-only access under Section 13.7 or Section S1.4, to access and use the Services, and to install and use any software we provide for use with them (such as agents or command-line clients), within your plan's limits or Usage Metrics and in accordance with the Documentation. You may use the Services for your own business or professional purposes, including client work under Section 4.2. Your purchase is not contingent on any future feature or on any public or private statement we make about future features.
3.2 Accounts and Authorized Users
You must provide accurate account information and keep it up to date. You are responsible for your Authorized Users' compliance with these Terms, for keeping account credentials and API keys secure, and for all activity under your account. Each seat is for one named individual and may not be shared. You must notify us promptly at security@projectdiscovery.io of any unauthorized access to or use of your account. We may contact you and your Authorized Users about their use of the Services.
3.3 Free plans, trials, and evaluations
(a) We may provide Services at no charge, including free plans, trials, evaluations, and proofs of concept ("Free Access"). The scope, limits, and duration of Free Access are as shown in the product or agreed with us in writing.
(b) We may change, limit, or end Free Access at any time. We will use commercially reasonable efforts to give at least 15 days' notice before we end Free Access without cause or require payment to keep using it. That notice does not apply when we act under Section 4.5, 13.3, or 13.4.
(c) Free Access is provided "as is" under Section 10.4, without any warranty, SLA, or support commitment.
3.4 Beta features
We may offer features identified as beta, preview, early access, or similar ("Beta Features"). Beta Features are provided "as is," without any warranty, SLA, or support commitment, and we may change or withdraw them at any time.
3.5 Changes to the Services
We may add, change, or remove features of the Services. For Self-Serve Subscriptions, we will give reasonable notice of a material reduction in the functionality of your plan.
3.6 Support
Support for Free Access and Self-Serve Subscriptions is provided through the Documentation and any support channels we choose to offer. Where the SLA applies, we will not change it during a Subscription Term in a way that materially reduces the overall Support Services provided.
3.7 Third-party applications
You may choose to use third-party products or services with the Services, including integrations described in the Documentation ("Third-Party Applications"). When you enable a Third-Party Application, you authorize us to exchange Customer Data with it as needed for the integration to work. Third-Party Applications are governed by their providers' terms, not these Terms, and we are not responsible for them. We may stop supporting an integration at any time, including if its provider stops making it available, without any refund, credit, or other compensation.
Authorization and Acceptable Use
4.1 Authorization to test
The Services are professional security tools. You may use them only on systems and Assets that you own or that you have explicit, written authorization to test from the owner or from a person with legal authority to grant it, which may include the published rules of a bug bounty or vulnerability disclosure program whose scope covers your testing, and only within the scope of that authorization. You represent and warrant that you hold this authorization for every Asset, target, and system you submit to or test with the Services, and you must be able to provide evidence of it if we ask. Testing systems without authorization may violate laws such as the U.S. Computer Fraud and Abuse Act and the UK Computer Misuse Act. You, not ProjectDiscovery, are responsible for the scans, tests, and other activity you direct through the Services. Scans, tests, and actions taken by AI Features can slow, disrupt, or change the systems they target. You are responsible for choosing when and how to run them and for any effect on those systems.
4.2 Security work for your clients
You may use the Services to perform security testing and related work for your clients if you hold each client's written authorization under Section 4.1 and you remain responsible for that work under these Terms. You may share Scan Results and reports with those clients. We have no obligation or liability to your clients, and you are responsible for any claim they bring relating to work you perform for them using the Services.
4.3 Prohibited use
You must not, and must not allow anyone else to:
(a) access, scan, probe, test, or attack any system, network, application, or Asset without the authorization required by Section 4.1;
(b) use the Services against Government Systems, except as allowed in Section 4.4;
(c) use the Services in violation of any applicable law or third-party right, or to commit or facilitate fraud or any other crime;
(d) use the Services for unauthorized surveillance, stalking, or tracking of any individual;
(e) use the Services to create, store, distribute, or deploy Harmful Code, except for test payloads used within the scope of authorized testing;
(f) circumvent any usage limit, access control, authentication mechanism, or abuse or fraud control, including by creating multiple accounts to obtain additional Free Access;
(g) interfere with or disrupt the Services, our infrastructure, or other customers, or test the security of the Services themselves without our prior written permission;
(h) make the Services available to anyone other than your Authorized Users, or sell, resell, sublicense, rent, lease, or white-label the Services, unless a signed agreement with us allows it;
(i) reverse engineer, decompile, or disassemble the Services or otherwise attempt to derive their source code, except to the extent applicable law expressly permits despite this restriction;
(j) use the Services to build or train a competing product or service, or copy features or user interfaces of the Services; or
(k) submit Sensitive Data other than as allowed in Section 6.5.
4.4 Government systems
(a) "Government Systems" means any system, network, application, or Asset owned or operated by, or operated exclusively on behalf of, a government body, including any federal, state, local, tribal, or foreign government, government agency, military, intelligence service, or law enforcement body. Government Systems do not include systems of a commercial company, university, or hospital solely because a government owns all or part of it.
(b) You must not use the Services to scan, probe, test, access, or disrupt any Government System, even with authorization, unless the testing is expressly covered by a signed agreement with ProjectDiscovery that names the Government Systems or scope that may be tested, and you are the government body that owns or operates those systems, or its authorized contractor, with written authorization to test them. This exception is not available on Free Access or Self-Serve Subscriptions.
4.5 Monitoring, enforcement, and reporting
(a) We may monitor use of the Services, through automated and manual review, to detect abuse, fraud, unauthorized testing, and violations of these Terms. We may require you to verify your identity, your payment method, or your authorization for or control of an Asset. We may limit, pause, or block any scan, task, target, or purchase, and may set purchase and usage limits.
(b) If we reasonably believe the Services are being used for illegal or unauthorized activity, we may act under Section 13.4, preserve relevant information, report the activity to law enforcement or other government authorities, share relevant information (including Customer Data) with them, cooperate with their investigations, and notify the owner or operator of a system that appears to have been targeted without authorization. You agree that we may make these disclosures, to the extent permitted by applicable law.
AI Features
(a) AI Output may be inaccurate, incomplete, or unsuitable for your purpose, and similar output may be generated for other customers. You are responsible for reviewing AI Output before relying on it.
(b) Some AI Features can take actions at your direction, such as sending network traffic to targets, running commands in a sandbox, or making changes in systems you connect. Those actions are taken under your account and your authorization. You are responsible for setting their scope and permissions and for reviewing their results.
(c) We do not use Customer Data or AI Output to train or fine-tune AI Models. If you connect your own AI Model provider account or key, your agreement with that provider governs its handling of your data.
Customer Data, Privacy, and Security
6.1 Ownership and license
As between you and ProjectDiscovery, you own your Customer Data. You grant ProjectDiscovery and its Affiliates a worldwide, non-exclusive license, for as long as we hold Customer Data, to host, store, process, transmit, and display Customer Data as needed to use it as permitted in Section 6.2. You are responsible for the accuracy of your Customer Data and for having the rights needed to submit it to the Services.
6.2 How we use Customer Data
We use Customer Data only to provide, maintain, secure, and support the Services for you; to follow your instructions, including sharing it with Third-Party Applications you enable; to prevent, detect, and investigate abuse, fraud, and violations of these Terms; to act under Section 4.5; and to comply with law. We do not share your Customer Data with other customers unless you choose to share it.
6.3 Security
We maintain administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Customer Data. These safeguards apply to all accounts, including Free Access accounts. More information is available at https://security.projectdiscovery.io. This Section 6.3 does not apply to Customer Data stored in environments you control, such as a deployment in your own infrastructure.
6.4 Personal information and privacy
Our Privacy Policy at https://projectdiscovery.io/privacy describes how we handle personal information. Customer Data may include personal information, such as your Authorized Users' account details or personal information found on systems you test. If you need a data processing addendum, contact us at legal@projectdiscovery.io. A data processing addendum signed by both parties controls for the processing of personal data in Customer Data.
6.5 Sensitive Data
You must not intentionally submit Sensitive Data to the Services, except where it is exposed or collected incidentally during authorized testing of your Assets. You are responsible for meeting any legal obligations that apply to Sensitive Data in your Customer Data.
6.6 Retention and export
Retention of Customer Data is described in the applicable Schedule. For Free Access, we may set reasonable storage and retention limits, which we will describe in the product or Documentation. You are responsible for exporting any Customer Data you want to keep. Section 13.7 applies after termination. We may keep copies of Customer Data where the law requires it and in routine backups until they are overwritten, and those copies remain subject to Section 9.
Fees, Billing, and Refunds
7.1 Fees
You will pay the Fees for the Services you purchase. All Fees are in U.S. dollars.
7.2 Self-Serve Subscriptions
(a) Automatic renewal. A Self-Serve Subscription renews automatically at the end of each billing period (monthly or annual) for another period of the same length until you cancel. You authorize us and our third-party payment processor to charge your payment method at the start of each billing period for the Fees then in effect, and when you make any additional purchase, such as adding seats, increasing your allowance, or buying top-ups. Where the law requires, we will remind you before an annual subscription renews.
(b) Cancellation. You may cancel at any time online in your account's billing settings, without contacting us. Cancellation takes effect at the end of the current billing period. You keep access until then, and you will not be charged for later periods.
(c) Failed payments. If a payment fails, we may pause paid features, such as starting new tasks, until the payment succeeds. If the amount remains unpaid 10 business days after we notify you, we may downgrade, suspend, or cancel your Self-Serve Subscription.
(d) Price changes. We may change the prices for Self-Serve Subscriptions. We will notify you at least 30 days before a price increase applies to your subscription, and the new price will apply from your first billing period that starts after that notice period. The notice will explain how to cancel. If you do not agree to the new price, you may cancel before it applies.
7.3 No refunds
Fees are non-refundable, including for partial billing periods, unused seats, allowances, or top-ups, cancellation, and suspension or termination for breach of these Terms. Order Forms cannot be cancelled before the end of their Subscription Term except as these Terms allow. The only refunds are those in Sections 10.3, 11.1(b), 13.5, and 13.6(a), and refunds that applicable law requires.
7.4 Invoiced payments
For invoiced purchases: (a) Fees are billed annually in advance; (b) invoices are due within 30 days of the invoice date, without deduction or setoff; and (c) undisputed overdue amounts accrue interest at the lesser of 1.5% per month or the highest rate permitted by law. If you do not pay an undisputed overdue amount within 10 business days after we notify you that it is overdue, we may suspend the Services until it is paid in full.
7.5 Usage verification and Overages
We may monitor your use of the Services to check compliance with your Usage Metrics. If your use under an Order Form materially exceeds its Usage Metrics (an "Overage"), we will notify you and may (a) invoice you for the Overage at the rates in the Order Form or, if none, at the per-unit rate implied by its Fees, prorated for the rest of the Subscription Term, or (b) adjust your Fees for the rest of the Subscription Term or on renewal. We will not charge for incidental or minor Overages during the current Subscription Term. Usage above the allowance of a Self-Serve Subscription is handled as described in Schedule 1.
7.6 Taxes
Fees do not include taxes. You are responsible for all sales, use, value-added, goods and services, withholding, and similar taxes and levies on your purchases, other than taxes on ProjectDiscovery's income. We may add taxes to your charges where required by law.
7.7 Purchase orders
Any terms in a purchase order or similar document that add to or differ from these Terms or an Order Form have no effect, even if we accept the purchase order or do not object to it.
7.8 Purchases through a Reseller
If you buy Services through a Reseller, including a cloud marketplace, your pricing and payment terms are between you and the Reseller, and you pay the Reseller. These Terms govern your use of the Services. If the Reseller notifies us that it is entitled to suspend or terminate your Services, we may do so. We are not liable to you for the Reseller's acts or omissions.
Ownership, Feedback, and Publicity
8.1 Our intellectual property
ProjectDiscovery and its licensors own the Services, the Documentation, and all related software, models, and technology, including updates and improvements to them. Customer Data is not part of the Services. Nothing in these Terms restricts our use of general concepts, techniques, and know-how related to the Services. Except for the rights expressly granted in these Terms, no rights are granted to you, and all rights are reserved.
8.2 Statistical Usage Data
We may collect and use Statistical Usage Data to operate, secure, analyze, and improve our products and services. We will disclose Statistical Usage Data outside ProjectDiscovery only in aggregated or de-identified form that does not identify you, your Authorized Users, or your Confidential Information, unless you agree otherwise.
8.3 Feedback
If you give us suggestions, ideas, or other feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that Feedback without restriction, obligation, or attribution.
8.4 Publicity
If you purchase Services under an Order Form, we may identify your organization as a customer by name and logo on our website, in customer lists, and in other communications, following any trademark guidelines you provide to us. Otherwise, we will do so only with your permission. We will not use any individual's name or likeness for this purpose without permission. You may withdraw this permission at any time by emailing legal@projectdiscovery.io, and we will remove your name and logo from our materials within a reasonable period.
Confidentiality
(a) "Confidential Information" means non-public information that one party (the "Discloser") discloses to the other (the "Recipient") that is marked as confidential or that should reasonably be understood to be confidential. Your Confidential Information includes your Customer Data. Our Confidential Information includes the non-public parts of the Services. The terms of each Order Form, including pricing, are the Confidential Information of both parties. These published Terms are not confidential.
(b) Confidential Information does not include information that the Recipient can show (i) is or becomes public through no breach of an obligation owed to the Discloser, (ii) was known to it before disclosure without breach of any obligation, (iii) was received from a third party without breach of any obligation, or (iv) was independently developed by it.
(c) The Recipient will use Confidential Information only to perform under or exercise its rights under these Terms, will protect it with at least the care it uses for its own similar information and no less than reasonable care, and will share it only with its and its Affiliates' employees, contractors, and advisors who need to know it and are bound by confidentiality obligations at least as protective as these. The Recipient is responsible for their compliance.
(d) The Recipient may disclose Confidential Information to the extent required by law or legal process, if it gives the Discloser prior notice where legally permitted and reasonable help, at the Discloser's cost, if the Discloser wants to contest the disclosure. ProjectDiscovery may also disclose information as described in Section 4.5.
Warranties and Disclaimers
10.1 Mutual warranty
Each party represents that it has validly entered into these Terms and has the legal power to do so.
10.2 Our warranties
For paid Services, we warrant that (a) the Services will perform materially in accordance with the Documentation, and (b) we will use industry-standard measures designed to prevent the introduction of Harmful Code into the Services. For Services purchased under an Order Form, we also warrant that (c) we will not materially decrease the overall functionality of those Services during the Subscription Term, and (d) we will perform the Support Services in a diligent and professional manner. These warranties do not apply to Free Access, Beta Features, Third-Party Applications, AI Output, or problems caused by misuse of the Services.
10.3 Remedy
If a warranty in Section 10.2 is breached and you notify us during the Subscription Term, we will correct the deficiency or provide comparable functionality. If we do not do so within a reasonable time after your notice, either party may terminate the deficient Service, and we will refund the Fees you prepaid for it for the rest of the Subscription Term after your notice (for a Self-Serve Subscription, the rest of the current billing period). This Section 10.3 states your exclusive remedy and our entire liability for breach of the warranties in Section 10.2.
10.4 Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, SCAN RESULTS, AND AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND EACH PARTY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, WILL DETECT EVERY VULNERABILITY IN YOUR SYSTEMS, OR THAT OUR SECURITY MEASURES CANNOT BE BREACHED. YOU SHOULD NOT RELY ON SCAN RESULTS OR AI OUTPUT AS PROOF THAT YOUR SYSTEMS ARE SECURE.
Indemnification
11.1 By ProjectDiscovery
(a) For Services purchased under an Order Form, we will defend you against any third-party claim alleging that your use of those Services, as provided by us and used in accordance with these Terms, infringes a valid patent, copyright, or registered trademark or misappropriates a trade secret (an "IP Claim"), and we will pay any damages and reasonable attorneys' fees finally awarded against you, or agreed by us in settlement, for the IP Claim.
(b) If an IP Claim is made or we believe one is likely, we may at our option and expense (1) obtain the right for you to keep using the affected Service, (2) modify it so it does not infringe, (3) replace it with non-infringing functionality of substantially similar capability, or (4) if none of these is commercially practicable, terminate the affected Service on 30 days' written notice and refund the Fees you prepaid for it, prorated for the remainder of the Subscription Term.
(c) We have no obligation under this Section 11.1 for any IP Claim arising from (1) modification of the Services by anyone other than us, (2) combination of the Services with products, services, or data not provided by us, (3) Third-Party Applications, (4) Free Access or Beta Features, (5) use of the Services in breach of these Terms, or (6) your failure to use an update we provided that would have avoided the IP Claim.
(d) This Section 11.1 states our entire liability and your exclusive remedy for IP Claims.
11.2 By you
You will defend ProjectDiscovery and its Affiliates against any third-party claim, including a claim or proceeding by a government authority, arising from (a) Customer Data that you or your Authorized Users submit to the Services (not including Scan Results or AI Output), (b) your use of the Services in breach of Section 4, including any scan, test, or other activity you directed without the required authorization, (c) your violation of applicable law, or (d) security work you perform for your clients under Section 4.2. You will pay any damages, fines, and reasonable attorneys' fees finally awarded against us, or agreed by you in a monetary settlement, for such a claim.
11.3 Procedure
The indemnifying party's obligations depend on the indemnified party (a) giving it prompt written notice of the claim, (b) giving it sole control of the defense and settlement, and (c) providing reasonable information and assistance at the indemnifying party's expense. The indemnifying party may not settle a claim in a way that imposes any obligation or admission of liability on the indemnified party without its prior written consent, which will not be unreasonably withheld, conditioned, or delayed. The indemnified party may participate in the defense with its own counsel at its own expense.
Limitation of Liability
12.1 Exclusion of certain damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S AND ITS AFFILIATES' TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID AND PAYABLE BY YOU TO PROJECTDISCOVERY OR A RESELLER FOR THE SERVICE GIVING RISE TO THE LIABILITY DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) US$100. MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
12.3 Exceptions
Sections 12.1 and 12.2 do not apply to (a) your obligation to pay Fees, (b) your breach of Section 4 or Section 14, (c) your obligations under Section 11.2, (d) either party's gross negligence, willful misconduct, or fraud, or (e) any liability that cannot be limited or excluded under applicable law, such as liability for death or personal injury caused by negligence.
Term, Suspension, and Termination
13.1 Term
These Terms apply from when you first accept them until all of your accounts and subscriptions have ended. You may stop using the Services and close your account at any time.
13.2 Renewal of invoiced subscriptions
A Subscription Term under an Order Form renews automatically for one year unless either party gives written notice of non-renewal at least 30 days before it ends. Services added during a Subscription Term end with that Subscription Term.
13.3 Suspension
We may suspend your or any Authorized User's access to the Services if (a) you breach these Terms (for non-payment, as described in Sections 7.2(c) and 7.4), (b) your use poses a security or legal risk to the Services, to us, or to others, or (c) we are required to by law. Except for Serious Violations, security emergencies, or where the law prevents it, we will use good-faith efforts to notify you by email before suspending access. We will restore access once the cause of the suspension is resolved, unless we terminate under this Section 13.
13.4 Immediate termination for Serious Violations
We may immediately suspend or terminate the affected account or Service, and, at our option, these Terms and any Order Form, without prior notice or a chance to cure, if (a) you breach Section 4.1, Section 4.3(a) through (f), Section 4.4, or Section 14, or (b) we reasonably believe your account is being used for illegal, fraudulent, or unauthorized activity (each, a "Serious Violation"). If we terminate for a Serious Violation, any unused allowances and top-ups are forfeited, and we may refuse to open new accounts for the person or entity responsible.
13.5 Termination for breach
Either party may terminate these Terms or any Order Form by written notice if the other party materially breaches these Terms and does not cure the breach within 30 days after written notice, or immediately if the breach cannot be cured. Either party may terminate by written notice if the other party becomes the subject of a bankruptcy, insolvency, receivership, liquidation, or assignment for the benefit of creditors proceeding that is not dismissed within 45 days. If you terminate for our uncured material breach, we will refund the Fees you prepaid for the rest of the Subscription Term after termination.
13.6 Discontinuing paid Services
(a) We may terminate a Self-Serve Subscription or stop offering a paid plan or Service without cause by giving you at least 30 days' notice. If we do, we will, at our option, either let you keep using the Service through the end of the billing period you have already paid for, or refund the Fees you prepaid for the part of that period after termination.
(b) For Services under an Order Form, we may terminate without cause only as it allows.
13.7 Effect of termination
When these Terms or an Order Form end: (a) your right to use the affected Services ends, except as stated in this Section 13.7 and Section S1.4; (b) Fees accrued through the date of termination become due immediately and, if we terminate for your breach, so do the unpaid Fees for the rest of the Subscription Term; (c) except after termination for a Serious Violation, if you ask within 30 days after termination, we will give you read-only access to your Customer Data until the end of that 30-day period so you can export it, after which we have no obligation to keep it and may delete it; (d) after termination for a Serious Violation, we may delete Customer Data immediately or preserve it as described in Section 4.5; and (e) you must stop using and delete any software we provided for use with the Services.
13.8 Survival
Sections 1, 2, 4.1 (for activity before termination), 4.5, 5, 6, 7 (for amounts owed), 8.1 through 8.3, 9, 10.4, 11, 12, 13.7, 13.8, 14, 15, S1.4, S1.5, and S2.4, and any other provision that by its nature is meant to survive, survive termination.
Export Controls and Sanctions
Each party will comply with all export control and sanctions laws that apply to its provision or use of the Services. You represent that neither you nor any Authorized User (a) is located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. embargo or sanctions, or (b) is on, or owned or controlled by anyone on, any U.S. government list of restricted parties, such as the Specially Designated Nationals and Blocked Persons List or the Entity List. You will not use the Services, or allow them to be used, in violation of those laws, including to deal with sanctioned persons or regions, or to store or transmit technical data controlled under the U.S. International Traffic in Arms Regulations.
General
15.1 Changes to these Terms
We may update these Terms from time to time and will post the updated version with a new "Last Updated" date. For material changes, we will give at least 30 days' notice by email or in the product before they apply to existing users. Changes that are not material, or that are required by law, may apply sooner. If you continue to use the Services after changes apply, you accept them. If you do not agree, you must stop using the Services and cancel before they apply. For an annual Self-Serve Subscription, material changes apply from your next renewal, except changes required by law or needed to address security or abuse. For Services under an Order Form, updated Terms apply from the start of your next renewal term, and during a Subscription Term these Terms can be changed only by a written amendment signed by both parties.
15.2 Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party consents to their jurisdiction and venue. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information or to stop a breach of Section 4.
15.3 Notices
We may send notices to you at the email address on your account, and email notices are effective when sent. You must send legal notices to us at legal@projectdiscovery.io, and they are effective when received.
15.4 Assignment
Neither party may assign these Terms without the other party's prior written consent, except that either party may assign them without consent to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its business or assets to which these Terms relate. Any other attempted assignment is void. These Terms bind and benefit the parties' permitted successors and assigns.
15.5 Force majeure
Neither party is liable for any delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, such as natural disasters, war, terrorism, civil unrest, epidemics, government action, labor disputes, or failures of utilities, networks, or third-party hosting providers (each, a "Force Majeure Event"). The affected party will use reasonable efforts to reduce the effects.
15.6 Anti-corruption
Neither party has offered, made, or received any bribe, kickback, or other improper payment or transfer of value in connection with these Terms.
15.7 U.S. Government rights
The Services and Documentation are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 12.212, and are provided to the U.S. Government (a) for civilian agencies, consistent with 48 C.F.R. 12.212, and (b) for units of the Department of Defense, consistent with 48 C.F.R. 227.7202-1 and 227.7202-3, only with the rights set out in these Terms.
15.8 Affiliates
Your Affiliates may purchase Services by signing their own Order Form with us, and by doing so agree to these Terms as if they were an original party. Each Affiliate's purchases and Usage Metrics are separate from yours.
15.9 Miscellaneous
Subject to Section 1.3, these Terms, together with any Order Form, the Schedules, and the documents they incorporate by reference, are the entire agreement between the parties about their subject matter and supersede all prior or contemporaneous agreements and understandings about it. The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. There are no third-party beneficiaries. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. A failure or delay in enforcing any provision is not a waiver. These Terms are written in English, and the English version controls over any translation. Nothing in these Terms limits any rights you have under laws that cannot be waived by contract.
15.10 Contact
ProjectDiscovery, Inc. Questions about these Terms: legal@projectdiscovery.io. Support: support@projectdiscovery.io. Security issues in the Services and unauthorized account access: security@projectdiscovery.io.
Schedule 1: Neo
This Schedule applies to Neo only.
S1.1 Plans
Neo is offered on a free plan (the "Free plan"), a Pay as you go plan (a Self-Serve Subscription), and an Enterprise plan (see Section S1.6). The current features, usage allowances, seat limits, models, and prices of each plan are described on the Pricing Page and in the product, and may change under Sections 3.5 and 7.2(d). The price and plan details shown to you when you make a purchase apply to that purchase. The Free plan is Free Access under Section 3.3.
S1.2 Pay as you go
Each seat includes a usage allowance for each period shown on the Pricing Page and in the product. Unused allowance does not carry over. When an allowance is used up, tasks may pause until it resets or you buy a top-up. Increases, such as adding seats or moving to a higher allowance, take effect immediately and are charged when you make them. Decreases take effect at the start of your next billing period, with no credit for the current period.
S1.3 Top-ups
Pay as you go subscribers may buy top-ups at the price shown at the time of purchase. Top-ups are used after the included allowance is used up, expire 12 months after purchase, and can be used only while you have an active Pay as you go subscription.
S1.4 After a Pay as you go subscription ends
After a Pay as you go subscription ends, other than by termination under Section 13.4, you cannot start new tasks, but you can view and export your existing Customer Data until it is deleted under Section S1.5. Section 13.7(c) does not limit this.
S1.5 Data retention
We may permanently delete an item of Customer Data in a Neo account (a) 30 days after it was created or last updated, for accounts on the Free plan, and (b) 12 months after it was created or last updated, for all other accounts, including accounts whose paid plan has ended. Deleted Customer Data cannot be restored. When a Free plan account moves to a paid plan, items that have not yet been deleted become subject to clause (b). This Section S1.5 applies to Enterprise accounts only if their Order Form says so.
S1.6 Enterprise
The Enterprise plan is available only under an Order Form, which sets out its seats, usage (including any credit pool, allowances, or top-up purchases), models, deployment options, Support Services, and whether the SLA applies.
Schedule 2: ProjectDiscovery Cloud Platform (PDCP)
This Schedule applies to PDCP only.
S2.1 Free access
We offer free PDCP accounts. Their current limits, such as the number of Assets, scans, team members, and available features, are shown in the product and the Documentation and may change. Free PDCP accounts, trials, and proofs of concept are Free Access under Section 3.3.
S2.2 Paid PDCP
Paid PDCP is available only under an Order Form, which sets out your Usage Metrics (such as the number of Assets), seats, features, and Support Services. Section 7.5 applies to usage above them. Any self-serve paid PDCP subscription bought before the Effective Date continues under Section 7 until it is cancelled or ends.
S2.3 Scanning
Scans you run through PDCP may send traffic to your targets from our infrastructure. We may pause scans or suspend an account in response to abuse reports we receive about scan traffic.
S2.4 Data retention
We store PDCP Customer Data while your account is active, subject to any storage or retention limits described in the product or the Documentation.
S2.5 Support and SLA
Support Services for paid PDCP are provided under the SLA.