Agreement to Terms
By accessing or using Breakpoint ("Service", "Platform", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.
Account Registration
Eligibility
You must be at least 16 years old to use this Service. By using the Service, you represent that you:
- Are at least 16 years of age
- Have the legal capacity to enter into these Terms
- Will provide accurate and complete registration information
- Will maintain the security of your account credentials
Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account and password
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Ensuring your account information is accurate and current
Acceptable Use
Permitted Use
You may use the Service to:
- Create and run incident response training exercises
- Generate and manage training scenarios
- Track and analyze team performance
- Collaborate with your organization members
Prohibited Activities
You agree NOT to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Service
- Interfere with or disrupt the Service or servers
- Use the Service to harass, abuse, or harm others
- Scrape, crawl, or data mine the Service without permission
- Reverse engineer or attempt to extract source code
- Resell or redistribute the Service without authorization
- Use the Service for any illegal or unauthorized purpose
Subscription and Payment
Billing
- Subscriptions are billed in advance on a monthly or annual basis
- Payment is due at the start of each billing cycle
- All fees are non-refundable except as required by law or stated in our refund policy
- We may change pricing with 30 days' notice
Free Trial
- We may offer a 14-day free trial for new accounts
- No credit card is required for the trial period
- You may cancel at any time during the trial without charge
- After the trial, you will be billed according to your selected plan
Cancellation and Refunds
- You may cancel your subscription at any time
- Cancellation takes effect at the end of the current billing period
- We offer a 30-day money-back guarantee for new subscriptions
- No refunds for partial months or unused time
Intellectual Property
Our Property
The Service, including its original content, features, and functionality, is owned by Breakpoint and is protected by international copyright, trademark, and other intellectual property laws.
Your Content
You retain ownership of content you create using the Service ("Your Content"). By using the Service, you grant us:
- A worldwide, non-exclusive license to use, store, and display Your Content
- The right to use Your Content to provide and improve the Service
- The right to create anonymized, aggregated data for analytics
You represent that:
- You own or have rights to Your Content
- Your Content does not violate any third-party rights
- Your Content complies with these Terms
AI-Generated Content
The Service uses AI to generate training scenarios and recommendations. You acknowledge that AI-generated content may not be accurate and should be reviewed before use. We do not guarantee the accuracy or suitability of AI-generated content.
Data and Privacy
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.
Data Ownership
- You own your data
- We do not sell your data to third parties
- You may export your data at any time
- Upon account deletion, we will delete your data within 30 days (except where legally required to retain)
Service Availability
Uptime and Maintenance
- We strive for 99.9% uptime but do not guarantee uninterrupted access
- Scheduled maintenance will be announced in advance when possible
- We are not liable for service interruptions beyond our control
Modifications to Service
We reserve the right to:
- Modify or discontinue features with reasonable notice
- Update the Service to improve functionality and security
- Change system requirements or supported platforms
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREAKPOINT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Indemnification
You agree to indemnify and hold harmless Breakpoint and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your Content
Termination
We may terminate or suspend your account and access to the Service:
- For violation of these Terms
- For non-payment
- For any reason with 30 days' notice
- Immediately for illegal activity or security threats
Upon termination:
- Your right to use the Service ceases immediately
- You may export your data within 30 days
- We will delete your data after 30 days
Dispute Resolution
Governing Law
These Terms shall be governed by the laws of the State of California, United States, without regard to conflict of law provisions.
Arbitration
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive your right to a jury trial or to participate in a class action.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use after changes constitutes acceptance of the new Terms.
Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and Breakpoint regarding the Service.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver.
Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
Contact Us
If you have questions about these Terms, please contact us: