Welcome to Surveillance Monitor Threat Research Workbook

---

These Terms of Service govern your access to and use of the Mobile Surveillance Monitor Threat Research Workbook (the “Workbook") and our products and services (collectively, the "Service"), and any information appearing on the Service ("Insights"). Any reference to “you” means you as a user of the Service, any reference to “us”, “our”, "Surveillance Monitor" or “MSM” is to Mobile Intelligence Alliance (“MIA”), a US 501(c)(3) non-profit organization EIN 86-3743950, the organization that owns and operates the Workbook.

Whether you are a member of the public, a public or private cybersecurity company, research institution, journalist, NGO, or a security-minded organization (collectively, the “Community”) using the Service, by using any part of the Service, you agree and consent to these Terms of Service including terms that limit our liability or affect your legal rights, any referenced and incorporated guidelines and policies, including the terms of our Privacy Policy (which explains how we may collect, use and share personal information you provide to us), and any additional terms specific to your particular use of the Service which become part of your agreement with us (collectively, the “Terms”). If you are using the Service on behalf of the Community, you represent to us that you have authority to bind that entity to these Terms, and that business accepts these Terms.

License and Right of Access for Evaluation License Users. MIA hereby grants you a nonexclusive, limited license, for a period of up to fourteen (14) days from the delivery of secure login credentials to you via email solely to test and evaluate the Service  as follows: (i) use one (1) login of the Service solely accessed via a web browser; (ii) use the Insights as necessary to support your testing and evaluation of the Service; and (iii) a right to access and use the Service and applicable Insights provided.  At the conclusion of the evaluation license period, MIA may suspend your access to the Service and invoice you for an annual license fee if you choose to continue using the service beyond the evaluation period.

You agree that you may not use or attempt to:

1. Use the Service in any way that breaches any applicable local, national, or international law or regulation.
2. Share secure login credentials to the Service with a non-licensed user. Access to the Service is for designated users only and may not be shared with other individuals.
3. Use the Service in any way which could infringe the rights or interests of MIA, the Community or any third party, including for example, to prove or disprove a concept or discredit, or bait any provider in the anti-malware space.
4. Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or functionalities from the Service – including, without limitation, using the Service in any way to or harm the Community.
5. Transfer any rights granted to you under the Terms.
6. Use the Service for any illegal activity or output, or in any way that exposes MIA, you, members of the Community or our Partners to harm.
7. Engage in any activity that could damage, overload, harm or impede the normal functioning of the Service.
8. Publicly attribute the intelligence you receive through the Service to any MIA Partner (antivirus vendors, mobile network security vendors, security lab, academic institutions,  etc.) without the individual Partner’s express permission.
9. Attempt to gain unauthorized access to the Workbook, the servers on which our Service is hosted or any server, computer or database connected to our Service.
10. Attack, or attempt to attack our Service via malware, a denial-of-service attack or a distributed denial-of service attack.
11. Allow any third party under your control to view or access the Service that are subject to the export laws and regulations of the United States, including, but not limited to, the Export Administration Regulations (EAR), including prohibited end users and end uses as referenced in Part 44 and Supplement No. 4 to Part 44 of the EAR (https://www.bis.doc.gov/index.php/documents/regulations-docs/2343-part-744-control-policy-end-user-and-end-use-based-2/file and https://www.bis.doc.gov/index.php/documents/regulations-docs/2347-744-supp-4-6/file); International Traffic in Arms Regulations (ITAR); and the United States Department of Treasury, Office of Foreign Assets Control (OFAC) regulations, and to ensure that the Service is not accessed, directly or indirectly, in violation of any United States export laws and regulations.

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

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.. 

We will not be liable for any loss or damage due to your access to or use of the Service or any third-party content or websites accessed through, or in any way in conjunction with, the Service.

Our Service may contain links to third-party websites or resources, which in turn may contain comments and/or posts with non-anchored linked URLs. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MIA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites. MIA 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 may be required by law, you further understand and agree that MIA has no responsibility or liability for the deletion of, or the failure to store or transmit, any materials or communications maintained by the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIA AND ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF 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; AND (iii)  ANY HIGH-RISK ACTIVITIES RELATED TO ANY DATA SUPPLIED BY THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

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