Last updated: March 1st, 2023.

Welcome to Koodous. These Terms of Service govern your access to and use of www.koodous.com (our "Site") and our products and services (collectively, the "Service"), and any information, text, graphics, URLs, files, audio, videos, photos or other materials uploaded, downloaded, or appearing on the Service ("Samples"). Any reference to "you" or "your" refers to you as a user of the Service, any reference to "we," "us," "our," or "Koodous" refers to MI21 Malware Intelligent, S.L., a Spanish company with registration number B93718088.

You are a member of the public, an antivirus, scanning, sandbox, or other security partner ("Partner"), or a security-concerned organization (collectively, the "Community") that uses and contributes Samples to the Service. By using any part of the Service, you agree to and consent to these Terms of Service, including the terms that limit our liability or affect your legal rights, the referenced and incorporated guidelines and policies, including our Sample and Community Content Guidelines (which explain how to safely share Samples through the Service), the terms of our privacy policy (which explain how we may collect, use, and share personal information you provide us), and any specific additional terms for your particular use of the Service that are part of your agreement with us (collectively, the "Terms"). If you are using the Service on behalf of a company, you represent that you have authority to bind that company or entity to these Terms, and that the company accepts these Terms.

You agree that you may not use or attempt to:

• Using the Service in any way that violates any applicable local, national, or international law or regulation.
• Using the Service in any way that may infringe upon the rights or interests of Koodous, the Community, or any third party, including, for example, to test or refute a concept, or to discredit or attract any actor in the anti-malware space.
• Copying, reproducing, altering, modifying, creating derivative works, publicly displaying, publishing, transmitting, reselling, or distributing in any way any material, information or functionalities of the Service.
• Transferring any rights granted to you under the Terms.
• Using the Service for any illegal activity, or in any way that exposes Koodous, you, Community members or our Partners to harm.
• Engaging in any activity that may damage, overload, impair, or interfere with the normal functioning of the Service.
• Obtaining or using Samples, except as specifically permitted by the Service, or using or attempting to use the Service to extract information in any way that may identify individual persons in their private capacity, attempting to access or misappropriate the contents of any Sample, or otherwise using the Service or Samples for any purpose other than detecting and preventing malware in a personal or non-commercial organizational capacity.
• Publicly attributing the intelligence received through the Service to any Koodous Partner (antivirus providers, analysis engines, file characterization tools, etc.) without the express permission of the individual Partner.
• Attempting to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site.
• Attacking or attempting to attack our Site through a denial-of-service attack or a distributed denial-of-service attack.

You must be 18 years or older to use the Service. You represent and warrant that you are at least 18 years old and of legal age to form a binding contract. While Koodous has business relationships with select members of the Community (organizations, institutions, and partners), public access to the Koodous site is only available free of charge.

Koodous offers certain features that may require the creation of a personal account (e.g. to participate in the Koodous Community). You promise to provide us with accurate, complete, and current registration information. Depending on the information provided in the registration and profile creation process, your account may uniquely identify you. Any comments, posts, or other activity you engage in with the Community using your account will generate content attributed to you ("Content").

To the extent you use any password/key/credential to access the Service, you are solely responsible for generating unique and complex credentials, safeguarding them, and for any activity or action performed in the Service using such credentials. You may not transfer your account to anyone.

To the extent that you choose to contribute any Samples to the Community, you confirm that all content in the Sample complies with these Terms and our privacy policy , that you are the original owner of the Sample you submit or have the necessary rights and permissions to contribute the Sample irrevocably and share it, along with information about it, with the Community.

You understand that if you submit any Sample, the Sample is immediately shared for review by the Service's Partners, and the resulting intelligence report is shared with you and the Partners, who use the results to improve their own systems. As such, by contributing a Sample, you are contributing to the effort to raise global levels of IT security.

While you retain ownership rights to the original material contained in the Sample, when you upload or submit a copy of the Sample, you grant Koodous (and those we work with) a worldwide, royalty-free, irrevocable, transferable license to use, edit, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all content included in the Sample.

ALSO, YOU AGREE THAT YOU WILL ONLY UPLOAD SAMPLES THAT YOU WISH TO SHARE PUBLICLY AND THAT IN ANY EVENT YOU WILL NOT SUBMIT ANY SAMPLE TO THE SERVICE THAT CONTAINS CONFIDENTIAL OR COMMERCIAL SENSITIVE DATA OR PERSONAL DATA OF ANY INDIVIDUAL WITHOUT LEGAL PERMISSION.

Although we are not obligated to monitor the use of the Service, User Content or any Samples, we may monitor the Service to detect and prevent fraudulent activities or violations of these Terms and retain absolute discretion to remove Samples, Content or users from the Service at any time and for any reason without notice. At the same time, to promote the safety of the Community and the responsibility of sharing information, accounts and Samples contributed by the Community (e.g. comments, posts, etc.) generally will not be removed from the Service unless they are illegal, violate the legal rights of an individual, serve any other unethical/malicious purpose, or otherwise violate these Terms.

IF YOU DO NOT WANT TO PUBLICLY SHARE A SAMPLE IN THE MANNER SET FORTH IN THESE TERMS OR IN THE PRIVACY POLICY , DO NOT SUBMIT OR CONTRIBUTE IT TO THE SERVICE AS THE SERVICE IS DESIGNED TO FUNCTION THROUGH COLLECTIVE AGGREGATION AND SHARING OF THREAT INTELLIGENCE WITH AND THROUGH THE COMMUNITY.

If you believe someone is infringing your copyright, you may send us a claimed infringement notice to legal@koodous.com and we will take appropriate action. Koodous policies provide for termination, in appropriate circumstances, of repeat infringers' access to the Service.

All rights, titles, and interests in and to the Service (excluding third-party trademarks) are and will remain the exclusive property of Koodous and its licensors. Nothing in these Terms shall be construed as an implied or other grant of any license or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property or proprietary interest of Koodous, its licensors, or any third party. We reserve the right to remove any Sample without notice and at our sole discretion. Nothing in our Terms grants you the right to use Koodous' trademarks, logos, domain names, and other distinctive brand features.

Any Sample, feedback, comment or suggestion that you may provide to Koodous or the Service, or in connection with it, is entirely voluntary. We are free to use any feedback, comment, or suggestion as we see fit and without obligation to you, and we reserve the right to remove any Sample without notice and at our sole discretion.

The Service provided by Koodous is constantly evolving, and the form and nature of the Service that Koodous provides may change at any time without prior notice. Any changes to the Service, including the release of new features by Koodous, are subject to the current Terms in effect at that time. Additionally, Koodous may stop providing (permanently or temporarily) the Service (or any feature within the Service) without prior notice. We also reserve the right to create limits on your use of the Service, including storage, at our sole discretion, at any time without prior notice.

Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, KOODOUS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, DEFECT-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your access to or use of the Service or any third-party content or websites accessed through the Service, or otherwise in connection with this.

Our Service may contain links to third-party websites or resources, which in turn may contain comments and/or posts with unanchored linked URLs. You acknowledge and agree that we are not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services available on such websites or resources. Links to such websites or resources do not imply any endorsement by Koodous of such websites or resources or the content, products, or services available on such websites or resources. You acknowledge sole responsibility and assume all risks arising from your use of such websites or resources and acknowledge that user comments on URLs and Samples in the Service, on the Site, and through third-party connected resources may contain URLs/links leading to malicious software. KOODOUS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY WEBSITES, PRODUCTS, OR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Except as required by law and as provided in our privacy policy , furthermore, you understand and agree that Koodous has no responsibility or obligation for the deletion, or the failure to store or transmit, any Samples, Content, other materials, or communications maintained by the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOODOUS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, (iii) ANY CONTENT OBTAINED FROM THE SERVICES, AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, SAMPLES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KOODOUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KOODOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Please note that we may update and modify these Terms at any time and that any changes will be posted on the Site. By continuing to access the Service after the changes come into effect, you agree to be bound by the revised Terms.

The fact that Koodous does not enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be deemed to remain in full force and effect.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Spain. The Spanish courts shall have exclusive jurisdiction over any claim arising out of, or related to, the Service, although we reserve the right to take action against you for breach of these Terms in your country of residence or any other relevant country.

If you have any questions about whether your use of the Service complies with these Terms or have any concerns with any aspect of the Site or the Service, please contact us.