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LAST MODIFIED: November , 2023
Sublime Security, Inc. (“we,” “us” “our” or “Sublime”) offers certain email security related services (“Services”) through our offerings described in Section 2 below. These Terms of Service govern your access to and use of the Sublime Services. All references to “you” or “your,” means each person who subscribes to any of the Services (a “Customer”) or visits our websites or uses our free Services (collectively with Customers, “Users”). If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the terms will be deemed an acceptance by that entity, and “you” and “your” will refer to that entity. Use of our Services is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By using or subscribing to our Services, you represent and warrant that your are eligible.
These Terms of Service include our Privacy Policy, which governs our collection and use of personal information. By using our Services, you consent to the terms of our Privacy Policy. Capitalized terms not defined in these Terms of Service have the meanings assigned in our Privacy Policy.
We may revise and update these Terms of Service from time to time in our discretion. We will use reasonable efforts to notify your of material changes to these Terms of Service prior to their taking effect. Regardless, all changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the Arbitration provision set forth below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
To register for certain Services, you may be asked to create an account with Sublime and provide certain personal details. It is a condition of your use of the Services that all the information you provide is correct, current and complete.
If you choose, or are provided with, a user name, password, API key(s), license key(s), or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using any of your account information. You agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Sublime makes its Services available through various offerings, including the following:
Sublime can provide its Services through a fully-managed, software-as-a-service platform called the Sublime Cloud Platform (“Cloud Platform”). Customers using our Cloud Platform will have the full contents and attachments in their email messages stored in our database, in accordance with the terms of our Privacy Policy. Payment terms for the Cloud Platform are set out in Section 5 below.
Sublime also offers Customers the option to receive Services through a self-hosted platform (“Self-Hosted Platform”). Currently, to use the Self-Hosted Platform, Customers will deploy our Platform software locally or to a virtual private cloud (VPC) via Docker or AWS Cloudformation. Sublime may offer alternative methods for utilization of the Self-Hosted Platform in the future. If you elect to use the Self-Hosted Platform, no email message contents or Personal Data is received or stored by Sublime, with the exception of the email address of the “super admin” who first registers with Sublime and deploys the Self-Hosted Platform. In order to receive support services (see Section 3) and infra/error monitoring functionality, Customers may elect to upgrade to an Enterprise subscription. To upgrade, please contact us at sales@sublimesecurity.com.
Sublime makes certain of its Services available to all Users free of charge. Sublime reserves the right to set usage limits in connection with these Services from time to time. Exceeding those limits may result in throttling, suspension, or termination of your account by Sublime.
Users may upload an EML (a raw email message file) for analysis by Sublime. Users have the option to create a “Share” link for messages uploaded to the EML Analyzer, in which case Sublime will store that EML indefinitely.
Users may query our Analysis application programming interface (“API”) with an EML for analysis by Sublime. Sublime will store those EMLs indefinitely.
Users may query our LinkAnalysis API with a URL, and a Sublime service will visit that URL and capture a screenshot. That screenshot is then analyzed in various ways, including to determine if it is a credential phishing page.
Subject to full compliance with these Terms of Service and payment of all applicable fees, Sublime hereby grants you a limited, personal, non-sublicensable, non-transferable, non-exclusive right to access and use the Services and the related information and documentation available at https://docs.sublimesecurity.com, as may be updated by us from time to time (the “Documentation”) during the term of your subscription (if applicable) for your internal business purposes.
Except as expressly set forth in these Terms of Service, you shall not (and shall not allow any third party to), directly or indirectly:
3.2.1 reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services (except to the extent applicable laws specifically prohibit such restriction);
3.2.2 modify, translate, or create derivative works based on the Services;
3.2.3 copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services;
3.2.4 use the Services for the benefit of a third party or in a manner that infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
3.2.5 remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof;
3.2.6 use the Services to build an application, service, or product that is competitive with any Sublime application, service, or product;
3.2.7 interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
3.2.8 bypass any measures Sublime may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
You are responsible for all of your activity in connection with the Services, including but not limited to uploading Customer Data (as defined below) onto the Services. You (a) shall use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), and (b) shall not use the Services in a manner that violates any third party intellectual property, contractual or other proprietary rights. You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms of Service.
Sublime may suspend or limit Customer’s access to or use of the Services if (i) Customer’s account is more than sixty (60) days past due, or (ii) Customer’s use of the Services results in (or is reasonably likely to result in) damage to or material degradation of the Services which interferes with Sublime’s ability to provide access to the Services to other customers; or (iii) Customer violates any of the restrictions set forth in Section 2.3 above.
In the case of subsection (ii) above, (a) Sublime will use reasonable good faith efforts to work with Customer to resolve or mitigate the damage or degradation in order to resolve the issue without resorting to suspension or limitation; (b) prior to any such suspension or limitation, Sublime will use commercially reasonable efforts to provide notice to Customer describing the nature of the damage or degradation; and (c) Sublime will reinstate Customer’s use of or access to the Services, as applicable, if Customer remediates the issue within thirty (30) days of receipt of such notice.
Sublime will use commercially reasonable efforts to provide written notice of any Service suspension to your and to provide updates regarding resumption of access to the Services following any Service suspension. Sublime will use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service suspension is cured. Sublime will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that your may incur as a result of a Service suspension.
Customers who subscribe to an Enterprise account will receive support and maintenance services outlined in their standalone MSA. Customers with a usage-based monthly subscription[IT1] [JS2] or Users who utilize our free Services will receive our then-current standard support in connection with their account.
From time to time, Sublime may provide upgrades, patches, enhancements, or fixes for the Services to its Users generally without additional charge (“Updates”), and such Updates will become part of the Services and subject to these Terms of Service; provided that Sublime will have no obligation under these Terms of Service or otherwise to provide any such Updates. You understand that Sublime may make improvements and modifications to the Services at any time in its sole discretion; provided that Sublime will use commercially reasonable efforts to give you reasonable prior notice of any major changes. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
Sublime may from time to time make third-party products or services available to Users. For purposes of these Terms of Service, any third-party products are subject to their own terms and conditions. If Customer does not agree to abide by the applicable terms for any such third-party products, then Customer should not install or use such third-party products.
The payment terms for your account will depend on the Services you utilize, as detailed below. If applicable for your Service(s), you shall provide complete and accurate billing information including a valid and authorized payment method, prior to receiving the Services. Sublime will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted.
Sublime offers a free Cloud Platform account for any user that includes up to 100 mailboxes. If additional mailboxes are needed, you must subscribe to the Enterprise Platform for a fee. Users interested in enterprise subscriptions can contact us directly at sales@sublimesecurity.com, and the terms of service for your subscription will be detailed in a separate Master Services Agreement ("MSA").
Enterprise Customers will have payment terms detailed in their MSA.
Past due balances are subject to interest on any outstanding balance of the lesser of 1.5% per month or the maximum amount permitted by law. Customer shall be responsible for all taxes associated with Services (excluding taxes based on Sublime’s net income). All fees paid are non-refundable and are not subject to set-off.
As between the parties, Sublime retains all right, title, and interest in and to the Services, Documentation, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by Sublime for the purposes of these Terms of Service, including any copies and derivative works of the foregoing (collectively, the “Sublime Intellectual Property”). No rights or licenses are granted except as expressly and unambiguously set forth in these Terms of Service.
For purposes of these Terms of Service, “Customer Data” means any data, information or other material provided, uploaded, or submitted by Customer to the Services in the course of using the Services. Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer, not Sublime, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. Sublime is not responsible to Customer for unauthorized access to Customer Data or the unauthorized use of the Services unless such access is due to Sublime’s gross negligence or willful misconduct. Customer is responsible for the use of the Services by any person to whom Customer has given access to the Services, even if Customer did not authorize such use. Customer agrees and acknowledges that Customer Data may be irretrievably deleted if Customer’s account is ninety (90) days or more delinquent. Notwithstanding anything to the contrary, Customer acknowledges and agrees that Sublime may (i) internally use and modify (but not disclose) Customer Data for the purposes of (A) providing the Services to Customer and (B) generating Aggregated Anonymous Data (as defined below), and (ii) freely use, retain and make available Aggregated Anonymous Data for Sublime’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Sublime’s products and services). “Aggregated Anonymous Data” means data submitted to, collected by, or generated by Sublime in connection with Customer’s use of the Services, but only in aggregate, anonymized form which can in no way be linked specifically to Customer.
You may (but are not obligated to) provide suggestions, comments or other feedback to Sublime with respect to the Services (“Feedback”). Feedback, even if designated as confidential by Customer, shall not create any confidentiality obligation for Sublime notwithstanding anything else. Sublime acknowledges and agrees that all Feedback is provided “AS IS” and without warranty of any kind. Customer shall, and hereby does, grant to Sublime a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. Nothing in these Terms of Service will impair Sublime’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute.
By subscribing to one or more of our Services governed by these Terms of Service, you hereby grant Sublime the right to use your name and logo in Sublime’s promotional and advertising materials during the term of your subscription, including on our websites and client lists.
You may not use Sublime’s logo or other marks without the prior written consent of Sublime.
From time to time during the term of your subscription, either party may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”). The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder.
Confidential Information does not include information that, at the time of disclosure is: (i) in the public domain; (ii) known to the receiving party at the time of disclosure; (iii) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (iv) independently developed by the receiving party.
Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under these Terms of Service, including to make required court filings.
On the expiration or termination of these Terms of Service, the receiving party shall promptly return to the disclosing party all copies, whether in written, electronic, or other form or media, of the disclosing party’s Confidential Information, or destroy all such copies and certify in writing to the disclosing party that such Confidential Information has been destroyed. Each party’s obligations of non-disclosure with regard to Confidential Information will expire five years from the date first disclosed to the receiving party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of these Terms of Service for as long as such Confidential Information remains subject to trade secret protection under applicable law.
These Terms of Service take effect upon your subscription to the Services and remain in effect until your subscription is terminated. For our free Services, these Terms of Service are effective until terminated by us. For monthly-usage based subscriptions, either you or Sublime may terminate your subscription to the Services at any time upon written notice to the other party[JS3] [IT4] [JS5] , and your subscription will terminate at the end of the billing cycle in which notice was provided. We may terminate your subscription to the Services immediately upon notice to you if you materially breach Section 2.3,
In the event of a material breach of these Terms of Service by either party, the non-breaching party may terminate these Terms of Service by providing written notice to the breaching party, provided that the breaching party does not materially cure such breach within thirty (30) days of receipt of such notice.
Upon the termination of your subscription to the Services, you shall immediately discontinue use of the Services. Without limiting the parties’ obligations under Section 7, each party shall delete, destroy, or return all copies of the other party’s Confidential Information. No expiration or termination will affect Customer’s obligation to pay all fees that may have become due before such expiration or termination, or entitle Customer to any refund.
You agrees to defend, indemnify and hold harmless Sublime, its officers, directors, shareholders, employees, agents, affiliates, parent, and subsidiary companies against any and all costs, claims, damages or expenses incurred (and reasonable attorneys’ fees in connection therewith), as well as amounts finally awarded in a settlement or by a court, arising from or relating to any claim that (i) Your use of the API or Service in a manner other than in accordance with the terms and conditions of these Terms of Service or the Documentation (ii) Customer Data infringes, violates, or misappropriates any third party intellectual property or proprietary right, including any rights of privacy, or violates any applicable law.
SUBLIME PROVIDES THE API “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL SUBLIME OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM YOU’S USE OF THE API. SUBLIME’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THESE TERMS OF SERVICE SHALL BE LIMITED TO $100. THE FOREGOING WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
All provisions of these Terms of Service which by their nature should survive termination of your subscription shall survive termination, including, without limitation, Sections 7, 8, and 11 through 13.
All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Sublime’s sole discretion, it may require you to submit any disputes arising from the use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
No waiver of any term or condition set forth in these Terms of Service by Sublime will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sublime to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Unless you have entered into an MSA or other separate agreement with Sublime, these Terms of Service our Privacy Policy constitute the sole and entire agreement between you and Sublime with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
These Terms of Service do not create a partnership, joint venture or agency relationship between you and Sublime. Sublime and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
Neither party shall assign its rights or delegate its obligations under these Terms of Service without the other party’s written consent, except that Sublime may, upon written notice to the other party (and without the other party’s consent), assign its rights in these Terms of Service to a parent company, any subsidiary of a parent company, or an assignee in connection with a corporate reorganization, acquisition, merger, or sale of or substantially all of its assets; provided that the assignee agrees in writing to be bound by all of the terms and conditions of these Terms of Service.
All notices related to these Terms of Service must be in writing. Sublime may deliver notice to you using the information provided during your account registration. You may provide notice to Sublime at legal@sublimesecurity.com or Sublime Security, 712 H St NE PMB 14 Washington, DC 20002 . Notices will be deemed delivered on the date of receipt if delivered by email or two days after the date sent by mail.
A party will not be liable for any failure of or delay in the performance of these Terms of Service for the period that such failure or delay is beyond the reasonable control of the party, materially affects the performance of any of its obligations under these Terms of Service, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
All feedback, comments, requests for technical support, notices of copyright infringement claims, and other communications relating to the Services should be directed to: legal@sublimesecurity.com.