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Plimsoll SI Terms of Service
Version 1.0, effective not yet in force.
These Terms of Service ("Terms") are an agreement between the operator of Plimsoll SI ("Plimsoll", "we", "us") and the organisation or person that accepts them ("Customer", "you"). If you accept on behalf of an organisation, you confirm that you have authority to bind it, and "you" means that organisation.
1. How these Terms are formed and what they cover
1.1 Self serve plans. For the Free, Pro and Business plans you accept these Terms by ticking the acceptance box or clicking the acceptance button when you create an account, start a paid plan or give an Attestation. We record the version you accepted, the time, the account and, for an Attestation, the Target and the state of each confirmation shown.
1.2 Enterprise and evidence sprints. Enterprise subscriptions and evidence sprints are made by a signed order form ("Order Form") that refers to these Terms and to any master services agreement or addendum it names. If they conflict, this order applies: (a) the Order Form, for its commercial terms only; (b) the Data Processing Addendum; (c) any master services agreement; (d) these Terms; (e) the Acceptable Use Policy; (f) documentation. The Acceptable Use Policy controls on which targets and conduct are permitted. These Terms control on remedies, liability, indemnities, suspension procedure, fees and data handling.
1.3 Policies that form part of these Terms. The Acceptable Use Policy at plimsollsi.com/acceptable-use ("AUP"), the probe page at plimsollsi.com/probe ("Probe Policy") and, where you are a controller of personal data we process for you, the Data Processing Addendum available on request from legal@plimsollsi.com ("DPA") form part of these Terms. The Privacy Notice at plimsollsi.com/privacy explains how we handle personal data as a controller; it is not part of this contract.
1.4 Business use only. The Service is offered to businesses and professionals for business purposes, not to consumers. You confirm that you are not acting as a consumer.
1.5 Eligibility. You must be at least the age of majority where you live, able to make a binding contract, and not a Restricted Party (clause 19).
2. Definitions
2.1 "Account" means your account on the Service, including every user you invite.
2.2 "Attestation" means your confirmations, recorded by clickwrap in the form shown in the Service, that you may test a Target as clause 6 requires.
2.3 "Audit Records" means our records of Attestations, connections, verification checks, Runs, question identifiers and versions, request times, status codes, response sizes and timings, caps and circuit breaker events, opt outs and abuse handling. Audit Records never contain Target Reply text.
2.4 "Authorised Users" means the employees and contractors you allow to use the Service under your Account.
2.5 "Commitment" means a measurable threshold you preregister before a Run and against which the Run is graded.
2.6 "Credits" means the question allowance included in your plan for each billing month, plus any Top Ups.
2.7 "Customer Data" means data you or your Authorised Users submit to the Service, including Target connection details, access policies, Commitments and custom rules, and the Target Replies we process for you. It excludes Usage Data, Audit Records and Plimsoll Materials.
2.8 "Engine" means our test families, probe content, sampling, statistical methods, grading logic, prompts, models, thresholds and oracles, and the source and object code of the Service.
2.9 "Grade" means PASS, INCONCLUSIVE or FAIL as assigned to a Commitment for a Run.
2.10 "Link" means the outbound connector client we provide so that you can connect Targets on a private network.
2.11 "Ownership Level" means ATTESTED, VERIFIED or AUTHORISED as described in clause 6.
2.12 "Passport" means the record we issue for a Run: the Target, the Ownership Level, the tests run, the method, the Commitments, the Grades and statistical bounds, any pause and resume dates and, for a sealed Passport, a digital signature. A "Preview Passport" is an unsealed, watermarked Passport issued on the Free plan.
2.13 "Plimsoll Materials" means the Service, the Engine, the Link, the software kits, the command line tool, documentation, Passport formats and everything we create in providing the Service, other than Customer Data.
2.14 "Run" means one execution of tests against a Target.
2.15 "Service" means the hosted Plimsoll SI platform, its interfaces, the Link, the software kits, the command line tool, the MCP server and related support.
2.16 "Target" means an AI system, agent, assistant, endpoint or interface you ask the Service to test.
2.17 "Target Reply" means the content a Target returns to a probe.
2.18 "Top Up" means additional Credits you buy within a billing month.
2.19 "Usage Data" means counts, timings, error rates and aggregate signals about use of the Service. It does not include Audit Records or the content of Target Replies.
2.20 "Validator" means a third party you invite to review a Passport or its supporting evidence.
3. The Service
3.1 Provision. Subject to these Terms and payment of fees, we will make the Service available to you during your subscription term, in line with the documentation for your plan.
3.2 Changes. We may change, add or remove features. We will not materially reduce the core functionality of a paid plan during a paid term without at least 30 days notice; if we do, you may cancel and receive a pro rata refund of prepaid fees for the unused part of the term.
3.3 Preview features. Features we label preview, beta, early access or experimental are provided as is, may change or stop at any time, are excluded from any service level and from clause 14.1, and must not be relied on for production decisions. Our liability for them is limited to USD 100 in aggregate.
3.4 Judged rules. Plain language rules that need a judging model are not graded unless the documentation for your plan says otherwise; where not graded, the Passport shows them as not graded. If we offer a judging model, the DPA states where it runs and who receives the content it reads.
3.5 Support. Self serve support is by email at support@plimsollsi.com on a reasonable efforts basis. Enterprise support and any service levels are set out in the Order Form.
4. Accounts and security
4.1 You are responsible for your Account, your Authorised Users, keeping sign in links, API keys and two factor devices secure, and all activity under your Account.
4.2 Tell us promptly at security@plimsollsi.com if you suspect unauthorised use of your Account or an API key.
4.3 You must give accurate account, billing and identity details and keep them current. Runs sent from our servers, and Runs through the Link, require a payment method on file or an invoiced account.
5. Licence and restrictions
5.1 Licence. We grant you a non exclusive, non transferable, non sublicensable licence during your subscription term to use the Service, and to install and run the Link, software kits and command line tool, only to test Targets you may test under clause 6, for your internal business purposes.
5.2 Link. The Link is licensed, not sold. You may install it only on systems you control, only to connect Targets in your Account, and only from our official package index. You must not modify it, run it as a general tunnel or proxy, or use it to reach systems that are not Targets. The Link may report version, health and connection data to us. You must apply security updates we release within a reasonable time.
5.3 The Engine stays private. You must not, and must not allow anyone to: (a) reverse engineer, decompile or try to derive the source code, probe content, prompts, thresholds or methods of the Engine, except where applicable law expressly permits this despite a contractual ban, and then only after written notice to us; (b) systematically extract, harvest or replay our probe content or test families, or use the Service, its outputs or Passports to build, train, calibrate or benchmark a competing product or model; (c) set up a Target, decoy or logging system mainly to capture our probe content rather than to test an AI system; (d) publish our probe content, test families or Engine internals, beyond the excerpts a Passport shows; (e) resell, sublicense, rent or provide the Service to others, unless an Order Form allows it; (f) remove, hide or alter any watermark, seal, notice or Ownership Level on a Passport; (g) bypass or try to bypass rate limits, caps, circuit breakers, refused target rules, opt outs, abuse controls or Credit limits, including by opening several Accounts; (h) use the Service in breach of the AUP or any law.
5.4 Your own logs. Nothing stops you from keeping your own system logs, including probe content they record, or from fixing your system. Probe content in those logs stays our confidential information.
5.5 Open source. Components supplied under an open source licence are governed by that licence where it conflicts with this clause 5.
6. Testing authority and Ownership Levels
6.1 Your authority. You may connect and test only a Target that you own or operate, or that you hold written permission to test from a person able to grant it, and only where that permission covers automated testing of the kind the Service performs and no platform, vendor or contract that governs the Target forbids it. Each Attestation is a representation and warranty to us, made when given and repeated at the start of every Run against that Target. Holding working credentials for a Target is not by itself authority to test it.
6.2 Ownership Levels. Every Passport states its Ownership Level and what it means: (a) ATTESTED: you gave an Attestation and connected with working credentials of your own. We did not check your permission. (b) VERIFIED: in addition, the Target passed our control check (for example returning a token we send, or serving a file we name). Control of an endpoint is not proof of permission. (c) AUTHORISED: Enterprise only; we hold written permission from the Target's owner in a form we accept. Neither an Ownership Level nor a check is a finding by us that you hold authority. They record only what was checked.
6.3 Required verification. We will require the VERIFIED level, and may ask you to name the person who gave permission, before any Run where: the Target's domain differs from your Account's verified email domain; another unrelated Account has registered the Target; you ask for scheduled monitoring; your Account has a past abuse flag; or another risk signal described in the Probe Policy applies. We may contact the person you name to confirm the permission. We may require a higher level for any Target at any time.
6.4 Licensed and platform hosted systems. A system you license from a vendor, or that is served from a vendor's or platform's domain or infrastructure under that party's terms, may be tested only at the AUTHORISED level under an Enterprise agreement, with written permission from that vendor or platform that we have accepted. We may treat a Target as platform hosted on the basis of its address.
6.5 Evidence of authority. You will keep the written permission you rely on and give it to us within 5 business days of our request. If you do not, we may suspend Runs against that Target and mark its Passports under review.
6.6 Your credentials and your Target's terms. You confirm that using your credentials with the Service is permitted by the terms that govern them, and that testing does not breach any agreement that governs the Target or the infrastructure it runs on.
7. Automatic guardrails and operator opt outs
7.1 Guardrails. The Service applies automatic controls that you cannot override, described in the Probe Policy: refusing certain targets (including public AI model provider interfaces, cloud metadata and private addresses on hosted Runs, and government, military and international organisation domains unless AUTHORISED); identifying every probe by a user agent and a header; rate and volume caps by Ownership Level; a circuit breaker that stops a Run when the Target shows strain; screening of custom rules and payloads; and refusing requests to generate harmful content.
7.2 Operator opt outs. The operator of a host may opt out of testing by any method in the Probe Policy. An opt out applies to every Account at once and overrides your wishes even for a host you own, until it is withdrawn through the withdrawal method in the Probe Policy. We do not lift an opt out on our own judgment.
7.3 Effect on Runs and Credits. A Run stopped or blocked by a guardrail, circuit breaker or opt out is not a failure of the Service, and Credits used before the stop stay used. Where a Passport cannot be issued, any record states that the Run did not complete. If one of our own automatic signals blocked a Run in error and you tell us within 30 days, we will restore the Credits used, as your sole remedy. A genuine operator opt out is never an error for this purpose.
8. Customer Data, Audit Records and data handling
8.1 Ownership. As between us, you own Customer Data. You grant us a worldwide, non exclusive licence during the term to host, process, transmit and display Customer Data only to provide, secure and support the Service and as the DPA describes.
8.2 Two stores. We keep two separate kinds of record. (a) Test content. Target Reply text is processed in memory only while a Run is graded and is then discarded. We keep the outcome of each probe and a keyed digest of each Target Reply, so the Passport seal can prove the record. We keep the smallest failing example for a finding only if you opt in for that Run, and paused Run state under clause 9.5. (b) Audit Records, kept separately to answer abuse reports, check authority and handle legal claims. They never contain Target Reply text. Because Target Reply text is never stored, we cannot produce it later for any purpose.
8.3 Secrets. Header secrets and connection tokens are encrypted at rest. Where you use the Link, connection secrets stay on your side.
8.4 Retention. We keep and delete data under the retention schedule at plimsollsi.com/privacy (section 7), which forms part of these Terms. In summary: security logs with network addresses, 90 days; general audit events, 24 months from the event, then reduced to counts that identify no one; records about a registered Target (Attestations, checks, Run summaries), while the Target stays registered plus 24 months, with a short Run summary kept for 6 years from the Run; paused Run state, 30 days; full Passports, the life of your Account plus the export window in clause 8.9; Passport status records, 5 years from issue. When we receive an abuse report, legal claim or lawful request we may hold the records concerned until the matter closes; holds are scoped, recorded, reviewed every 6 months and released within 30 days of the matter closing.
8.5 Your responsibilities. You are responsible for having a lawful basis and any notices or permissions needed for us to process Customer Data, including personal data your Target may return. Use test accounts and test data where you can. You must not run a test designed to make a Target disclose real personal data beyond what the test needs.
8.6 Usage Data. We may use Usage Data to operate, secure, improve and bill for the Service, and publish it only in aggregate form that identifies no customer, Target or person.
8.7 Audit Records. We use Audit Records only for security, abuse handling, checking authority, billing disputes and legal claims, never to improve the Service.
8.8 No training. We do not use Customer Data or Target Replies to train or fine tune any machine learning model.
8.9 Export and deletion. During the term and for 30 days after it ends, you may export your Passports and Run records. After that we delete them under the DPA, keeping only Audit Records and Passport status records for their periods.
8.10 Leaks in your system. For data in a Run, you are the controller and we are your processor, as the DPA sets out. Finding that your Target discloses data it should not is the purpose of the Service. We are not liable for the fact that your Target disclosed data to the Service; we are responsible for how we handle that data once received.
8.11 Suspected unauthorised testing. If we have reasonable grounds to believe that a Run was not authorised, we may stop following your instructions for that Target, stop the Run, and hold its outcomes, digests and Audit Records. For that handling we act on our own account, as the DPA and Privacy Notice describe.
8.12 Subprocessors. We list our subprocessors and their locations at plimsollsi.com/privacy (section 6). We give at least 30 days notice by email before adding or replacing one or changing the hosting region. If you object on reasonable data protection grounds and we cannot resolve it within the notice period, you may end the affected subscription and we will refund prepaid fees for the unused term. For urgent security reasons we may replace a subprocessor at once and will give notice as soon as practicable.
8.13 Security incidents. We will notify you of a security incident affecting Customer Data without undue delay and in any case within 48 hours after we confirm it, and within 72 hours after we first become aware of it, whichever is earlier, with the information then known.
9. Fees, Credits and payment
9.1 Fees. You will pay the fees for your plan shown at checkout or in the Order Form. Self serve prices are on our pricing page at plimsollsi.com/pricing. Unless stated otherwise, fees are in US dollars.
9.2 Subscriptions. Self serve subscriptions are billed monthly in advance through our payment processor and renew each month until cancelled. You may change plan or cancel at any time in the customer portal. Cancellation takes effect at the end of the current billing month. An upgrade takes effect at once and is charged pro rata; a downgrade takes effect at the next billing month.
9.3 Credits. Each plan includes a monthly Credit allowance. Unused included Credits do not roll over. Top Ups are priced as shown at purchase and count towards the billing month in which you buy them. Credits have no cash value, cannot be transferred and are not refundable except as these Terms state.
9.4 Grace and pause. A Run may use up to 10 percent of your monthly allowance beyond what remains. When that margin is used, the Run pauses before its next question. A paused Run resumes from its checkpoint after you buy a Top Up or your allowance renews; questions already charged are not charged again (because we keep no reply text, a resumed Run asks them again). The Passport states any pause and resume dates.
9.5 Expiry of paused Runs. If a paused Run is not resumed within 30 days of the pause, its paused state is deleted and the Run expires. An expired Run has no Grade and no Passport, and the Credits it used stay used. We will email the Account owner at least 7 days and again 1 day before expiry.
9.6 Enterprise and evidence sprints. Enterprise fees are invoiced annually in advance per AI system unless the Order Form says otherwise. Evidence sprint fees are invoiced as the Order Form states. Invoices are payable within 30 days of the invoice date.
9.7 Late payment. On overdue amounts we may charge interest at the lower of 1 percent a month and the highest rate the law permits, and after 14 days written notice we may suspend the Service until paid. We charge no interest on amounts you dispute reasonably and in good faith while you cooperate to resolve the dispute.
9.8 Taxes. Fees exclude taxes. You will pay sales, use, value added, goods and services and similar taxes on the fees, except taxes on our net income. If you must withhold tax, you will gross up the payment unless the Order Form says otherwise.
9.9 Refunds. Fees are non refundable except under clauses 3.2, 7.3, 8.12, 13.4, 16.3 and 17.4, where the law requires, or at our discretion. A refund for a billing month never exceeds the fees paid for that month.
9.10 Price changes. We may change self serve prices with at least 30 days notice by email; the new price applies from your next billing month after the notice period, and you may cancel before then. Pilot customers who subscribe before general launch keep their pilot price for 12 months from their first paid month while the subscription stays active. Enterprise and evidence sprint prices are fixed for the Order Form term; renewal increases need 60 days notice.
9.11 Billing disputes. Raise any billing dispute within 60 days of the charge. Starting a payment reversal with your card issuer without first raising the dispute with us is a breach of these Terms, and we may suspend the Account while it is resolved.
10. Free plan and Preview Passports
10.1 The Free plan is provided as is, without any service level, support commitment or indemnity from us. We may change its limits or end it with 30 days notice.
10.2 Preview Passports are watermarked and unsealed and are for your internal evaluation only. You must not present a Preview Passport, or anything derived from it, as a sealed Passport or as evidence to a regulator, auditor, customer or investor.
10.3 We may delete Free Accounts with no sign in and no Run for 12 months, after 30 days notice by email.
10.4 Our total liability arising from the Free plan is limited to USD 100.
11. Passports, sharing links and Validators
11.1 What a Passport is. A Passport is a signed record of a test: what was tested, how, when, at which Ownership Level, against which Commitments, and with what statistical bounds and Grades. A sealed Passport's signature shows that the record has not been altered since we issued it.
11.2 What a Passport is not. A Passport is not a statement that the Target is safe, secure, lawful, fit for any purpose or acceptable to any regulator, and Plimsoll does not vouch for the Target. In particular: (a) it covers only the Target version and configuration, test families, sample and dates it records; results apply only to the system as tested on those dates; (b) a PASS means the measured result met the Commitment within the stated bound for that sample; it does not mean the Target has no defects; an INCONCLUSIVE means the evidence was not strong enough either way; (c) the bounds depend on the assumptions stated in the Passport and on the access policy, test accounts and configuration you supplied; (d) it does not confirm your authority to test the Target beyond its stated Ownership Level; (e) it is not an audit, legal opinion, regulatory approval or assurance engagement, and we are not your auditor, adviser or fiduciary.
11.3 Your statements about Passports. When you describe a Passport you must do so accurately and in line with clauses 11.1 and 11.2, and must not state or imply that Plimsoll endorses, approves or vouches for the Target. You must not alter a Passport or present part of it out of context in a way that changes its meaning.
11.4 Sharing links. You may share a Passport by link. Anyone with the link can view what you chose to share. You may revoke a link at any time; revocation stops future views through the Service but cannot recall copies already made. Anyone holding a copy can still check it against its signature.
11.5 Validators. You may invite Validators. You are responsible for their use, for any agreement you need with them and for removing their access. Validators must accept our Validator terms first. We owe no duty to a Validator or any other recipient of a Passport, except as the Validator terms state.
11.6 Shared view notice. Every shared view of a Passport shows, before the results, its Ownership Level and what that level means, its scope (question set, dates and the Target version where known) beside each bound, and a notice the viewer accepts once, saying that the Passport is a signed record of a test, not a statement that the Target is safe or fit for any purpose, and that Plimsoll does not vouch for the Target and owes the viewer no duty. Where you share an ATTESTED Passport with a Validator, the Service will prompt you to verify first.
11.7 Withdrawal or correction. If we find that a Passport was issued on the basis of an error in the Engine, a breach of these Terms, a false Attestation or a defect that affects its Grades, we may mark it withdrawn or corrected in our verification service and will tell you why. Where the error is ours we will rerun the affected tests at no charge under clause 13.4. You may mark a Passport superseded. The verification service shows each Passport's age.
11.8 Third party reliance. Recipients rely on a Passport at their own risk. You will not tell any recipient that we accept liability to them.
12. Confidentiality
12.1 "Confidential Information" means information a party discloses to the other that is marked confidential or that a reasonable person would understand to be confidential, including our Engine and probe content, our non public pricing and plans, and your Customer Data, Target details, findings and unshared Passports.
12.2 The receiving party will use Confidential Information only to perform or exercise rights under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors, advisers and subprocessors who need it and are bound by duties of confidence at least as protective.
12.3 Confidentiality does not apply to information that is or becomes public without breach, was already known to the recipient without a duty of confidence, is lawfully received from a third party without restriction, or is developed without using the discloser's information.
12.4 A party may disclose Confidential Information where the law or a court requires, after prompt notice to the other party where lawful, and reasonable help to seek protection.
12.5 Disclosure to stop unauthorised testing. Where an operator reports testing of a host and we have confirmed that they control it, we may tell them that testing took place, when, at what volume and Ownership Level, and what we have done. We disclose your identity to that operator only: with your consent; under legal process; once we find that an Attestation was false or you fail to show authority under clause 6.5; or where the operator states an intent to bring a legal claim and we judge disclosure reasonable. We disclose to authorities where the law requires, on a request with lawful authority, or where we have reasonable grounds to believe an offence has been committed. We never disclose the content of tests whose authority is not in question. We log every such disclosure and will tell you, unless the law, a request from an authority or a risk of harm to anyone prevents it.
12.6 These duties last during the term and for 5 years after it, and for trade secrets for as long as they remain trade secrets.
13. Warranties and disclaimers
13.1 Mutual. Each party warrants that it has the power and authority to enter into these Terms.
13.2 Your warranties. You warrant that: (a) each Attestation and every statement about your authority is true; (b) your testing, Customer Data and use of the Service comply with applicable law and with the agreements that govern each Target; (c) you have given every notice and obtained every permission needed for us to process Customer Data, including the details of any person you name as having given permission; and (d) you are not a Restricted Party.
13.3 Our warranties. For paid plans, during the paid term: (a) the Service will perform materially in line with its documentation; (b) a sealed Passport will accurately reflect the results the Engine recorded for the Run it describes; and (c) we will not knowingly introduce malicious code into the Link, software kits or command line tool.
13.4 Remedy. If we breach clause 13.3 and you tell us within 30 days of finding it, we will, at our option, fix the issue, rerun the affected tests at no charge and reissue the Passport, or, if we cannot within a reasonable time, end the affected subscription and refund prepaid fees for the unused term. This is your sole remedy for breach of clause 13.3.
13.5 Disclaimer. Except as these Terms expressly state, the Service, Passports, preview features and the Free plan are provided as is and as available. To the extent the law permits, we exclude all other warranties and conditions, including merchantability, satisfactory quality, fitness for a particular purpose, non infringement and accuracy. We do not warrant that the Service will find every defect, leak, injection path or weakness in a Target, that a Target with a PASS is safe, secure or fit for any purpose, that the Service will be uninterrupted or error free, or that a Passport will satisfy any regulator, auditor, customer or standard.
13.6 Your decisions. You remain responsible for your own risk management, model governance and regulatory obligations. The Service helps you produce evidence; decisions to deploy or rely on a Target are yours.
14. Indemnities
14.1 Our indemnity. For paid plans, we will defend you against any third party claim alleging that your use of the Service in line with these Terms infringes that party's patent, copyright, trade mark or trade secret, and pay amounts finally awarded or agreed in settlement. This does not cover claims arising from Customer Data, Targets, preview features, the Free plan, combination with items we did not supply, changes not made by us, use after we told you to stop, or use in breach of these Terms. If a claim is made or likely, we may obtain a right for you to continue, modify the Service, or end the affected subscription and refund prepaid fees for the unused term. This clause states our entire liability for infringement claims.
14.2 Your indemnity. You will defend us, our affiliates and our personnel against any third party claim, regulatory action or demand, and pay resulting losses, damages, fines, penalties, costs and reasonable legal fees, arising from: (a) testing a Target without the authority clause 6 requires, or beyond its scope, including any claim by a Target owner, operator, vendor, hosting provider or end user; (b) a false or inaccurate Attestation; (c) what your Target discloses and your lack of a lawful basis or permission for our processing of Customer Data, except to the extent caused by our breach of clause 8 or the DPA; (d) your or your Authorised Users' breach of the AUP or clause 5.3; (e) any statement you make about a Passport in breach of clause 11.3; or (f) a Validator's or other recipient's reliance on a Passport you shared.
14.3 Procedure. The party seeking defence will give prompt written notice (delay reduces the obligation only to the extent it causes prejudice), give the defending party sole control of the defence and settlement (no settlement may admit fault of, or impose an obligation on, the other party without consent, not unreasonably withheld), and give reasonable help at the defending party's cost.
15. Limitation of liability
15.1 Excluded losses. Neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, business, goodwill or anticipated savings, however arising, even if advised of the possibility.
15.2 General cap. Each party's total liability arising out of or in connection with these Terms in any 12 month period is limited to the fees paid and payable by you for the Service in the 12 months before the event giving rise to it, or, if greater, USD 1,000. For the Free plan the cap is USD 100.
15.3 Data protection cap. For breach of clause 8, of clause 12 as it applies to Customer Data, or of the DPA, each party's total liability is limited to 2 times the fees paid and payable by you in the 12 months before the event, or 2 times the amount in clause 15.2 if greater, in place of and not in addition to the general cap. An Order Form may set a different amount.
15.4 Not capped. Clauses 15.1 to 15.3 do not limit: (a) your duty to pay fees; (b) your liability, including under clause 14.2, for testing a Target without the authority clause 6 requires or beyond its scope, a false Attestation, custom rules or payloads seeking harmful content in breach of the AUP, evading guardrails, caps, opt outs or probe identification, and breach of clause 5.3; (c) our liability under clause 14.1; (d) liability for fraud, wilful misconduct or gross negligence; (e) liability for death or personal injury caused by negligence; or (f) liability the law does not allow to be limited. Other breaches of the AUP fall under clause 15.2.
15.5 Basis of the bargain. The fees reflect this allocation of risk.
16. Suspension
16.1 Grounds. We may suspend all or part of the Service, an Account, a Target or a Run, with notice where practicable, if: (a) we reasonably believe testing is unauthorised, breaches the AUP or law, or harms a Target, a third party or the Service; (b) our automatic abuse signals fire; (c) a Target's operator objects or opts out; (d) you do not provide evidence of authority under clause 6.5; (e) payment is overdue beyond the period in clause 9.7; or (f) a legal or regulatory requirement applies. Where we suspect unauthorised testing we suspend first and review after.
16.2 Review. Every automatic block is reviewed by a person. You may ask for a review at support@plimsollsi.com. We aim to complete a review within 5 business days. A block stays in place until the review ends. A review never restarts Runs against a host with an open abuse report or an opt out in force.
16.3 Effect. If a review finds that a suspension was not caused by a breach by you, we will restore the Credits used by the affected Runs (except Credits used before a genuine operator opt out took effect), extend any paused Run expiry by the length of the suspension, and remove any review mark from affected Passports; for Enterprise, any service credit in the Order Form also applies. Otherwise fees stay owed. We are not otherwise liable for a suspension made in good faith.
17. Term and termination
17.1 Term. These Terms apply from acceptance until all subscriptions end and your Account is closed. Enterprise terms run as the Order Form states and renew for 12 month periods unless either party gives 60 days notice before renewal.
17.2 By you. You may cancel a self serve subscription under clause 9.2 and close your Account at any time.
17.3 For breach. Either party may terminate on written notice if the other materially breaches these Terms and does not cure within 30 days of notice. We may terminate at once on notice for a serious breach of clause 5.3, clause 6, clause 19 or the AUP, or if you become insolvent.
17.4 By us for convenience. We may end a paid subscription on 60 days notice and will refund prepaid fees for the unused term.
17.5 Effect. On termination your licence ends, the Link and software kits must be uninstalled, outstanding fees fall due, and data is handled under clauses 8.4 and 8.9. Sealed Passports already issued remain signed records. We keep a Passport status record (identifier, digest, signature, status and issue date) for 5 years after issue, so anyone holding a copy can check its status after your Account closes. Sharing links may be disabled 30 days after termination.
17.6 Survival. Clauses 2, 5.3, 8.4, 8.7, 8.9, 8.11, 9 (for amounts owed), 11, 12, 13.5, 14, 15, 17.5, 17.6 and 20 to 23 survive termination.
18. Feedback and publicity
18.1 Feedback. We may use your suggestions without restriction or payment, provided we do not identify you or disclose your Confidential Information.
18.2 Publicity. Neither party will use the other's name or logo in public marketing without prior written consent, except that we may name you as a customer where you have opted in through the Service or an Order Form. We will never publish your Passports, findings or Targets without your written consent.
18.3 Vulnerabilities in the Service. Report vulnerabilities in the Service to security@plimsollsi.com and give us a reasonable time to fix them before disclosure. Good faith research under our published disclosure policy is not a breach of clause 5.3.
19. Export control and sanctions
19.1 Each party will comply with the export control and sanctions laws that apply to it. You represent that you, your Authorised Users and anyone who owns or controls you are not named on, or owned or controlled by anyone named on, a sanctions or restricted party list of the United Nations, the United States, Canada, the European Union or the United Kingdom ("Restricted Party"), and are not located in a country or region subject to comprehensive sanctions.
19.2 You will not use the Service from or for the benefit of a Restricted Party or a comprehensively sanctioned country or region, or test a Target operated by one or located in one.
19.3 We may screen Accounts and Targets against these laws, and may suspend or terminate at once, without liability, where we reasonably believe continuing would breach them.
20. Changes to these Terms
20.1 We may update these Terms. For a material change adverse to you, we will give at least 30 days notice by email and in the Service before it applies to your current paid term; if you object you may cancel before it takes effect and receive a pro rata refund of prepaid fees. Other changes take effect when posted.
20.2 Changes required by law or to address abuse or security may take effect sooner, with as much notice as is practicable.
20.3 Continued use after a change takes effect is acceptance of it. Each Attestation and Run is recorded against the version in force at the time.
20.4 Changes do not apply to a signed Order Form during its term unless both parties agree in writing.
21. Assignment and subcontracting
21.1 You may not assign or transfer these Terms without our written consent, except to a successor to all or substantially all of your business that is not a Restricted Party or our competitor, on notice to us.
21.2 We may assign these Terms on notice to an affiliate or a successor to our business. We may use subcontractors and subprocessors and remain responsible for their performance.
22. Notices
22.1 Notices to you may be sent to the email address of your Account owner or billing contact, or shown in the Service. Notices to us go to legal@plimsollsi.com. Abuse reports go to abuse@plimsollsi.com.
22.2 An email notice is received on the next business day after sending, unless it bounces.
23. General
23.1 Governing law and venue. These Terms are governed by the laws of the place where the operator of Plimsoll SI is established, without regard to conflict of laws rules. The courts of that place have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any court. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23.2 Injunctive relief. A breach of clause 5.3 or clause 12 may cause harm that damages cannot remedy, and the affected party may seek injunctive relief.
23.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
23.4 Relationship. The parties are separate contracting parties; nothing creates a partnership, agency, fiduciary or employment relationship.
23.5 No third party rights. No one other than the parties has rights under these Terms, including any Passport recipient or Validator. Our probe page, opt out process and abuse handling describe how we operate; they create no contract with, or duty to, anyone who is not a party to these Terms.
23.6 Entire agreement. These Terms, with the documents in clause 1.3 and any Order Form, are the entire agreement on their subject. Purchase order terms you issue have no effect.
23.7 Severability and waiver. An unenforceable provision is limited to the minimum extent needed and the rest stays in force. A failure to enforce is not a waiver.
23.8 Language. These Terms are made in English.
23.9 Electronic acceptance. Clickwrap acceptance and electronic signature of an Order Form are binding as written signatures.