Terms of Service

Definitions

In these Terms, the following terms shall have the meanings set out below:

• "Cerberius," "we," "us," or "our" refers to the entity providing the Cerberius services.
• "Site" means the Cerberius website located at https://www.cerberius.com.
• "Services" means the Cerberius website, APIs (including IP lookups, email validation, prompt classification), and any other features, tools, or functionalities offered by Cerberius.
• "You" or "User" means the individual or entity accessing or using the Services.
• "Organization" means a legal entity on whose behalf the Services are used.
• "Terms" means these Terms of Service, including any documents incorporated by reference.
• "User Data" means any data, information, or material that you submit, upload, or otherwise provide to the Services for processing or storage.
• "API Key" means the unique security credential provided to you for accessing the Cerberius APIs.
• "Confidential Information" means all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Our Confidential Information includes the Services and their non-public aspects; your Confidential Information includes your User Data.

1. Acceptance of Terms

By accessing or using the Cerberius Site and Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Cerberius. If you are using the Services on behalf of an Organization, you represent and warrant that you have the authority to bind that Organization to these Terms, and in such event, "you" and "your" will refer to that Organization. By using the Services, you confirm you are at least 18 years old. If you disagree with any part of these Terms, do not access or use our Services.

2. License to Use Services

Subject to your compliance with these Terms, Cerberius grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes, as contemplated by your subscription plan and these Terms.

3. Services Provided

Cerberius offers APIs and related services for infrastructure tasks including IP lookups, email validation, and prompt classification. The Services are provided “as-is” and “as-available” without express or implied warranties of any kind. Certain features may be subject to additional terms posted on the Site or within the Services. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, without liability to you or any third party.

4. Account Registration

You may need to register an account to access certain Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials, including your API Key(s), and for all activities that occur under your account, whether or not you have authorized such activities. Accounts created by bots or other automated methods are prohibited. You agree to notify us immediately of any unauthorized use of your account or API Key.

5. API Specific Terms

• API Key Security: You are solely responsible for the security and confidentiality of your API Key(s). Do not share your API Key(s) with any unauthorized third party. You are liable for all activities conducted using your API Key(s).
• API Call Limits: Your use of the APIs may be subject to call limits or rate limits based on your subscription plan or as otherwise communicated by Cerberius. We reserve the right to throttle or suspend access if these limits are exceeded or if API usage is deemed excessive or abusive. Details can be found in our documentation or FAQ.
• Fair Use: You agree not to use the APIs in a manner that imposes an unreasonable or disproportionately large load on our infrastructure, or that otherwise interferes with the A STABILITY or availability of the Services for other users.

6. User-Provided Data and Content

• Ownership: You retain all ownership rights to your User Data. These Terms do not grant us any rights to your User Data except for the limited rights needed to provide the Services.
• License to Cerberius: You grant Cerberius a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to use, process, transmit, store, and display your User Data solely to the extent necessary to provide, maintain, and improve the Services for you, and as otherwise permitted by these Terms and our Privacy Policy.
• Responsibility for User Data: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Data. You represent and warrant that you have all necessary rights, consents, and permissions to submit User Data to the Services and to grant the licenses herein.
• Service Improvement: We may use anonymized and aggregated data derived from your use of the Services and your User Data for analytics, to improve the Services, develop new services, and for other legitimate business purposes, provided such data does not identify you, your Organization, or any individual.

7. Experimental and Beta Features

Some features of the Services (e.g., prompt classification) may be identified as experimental or in beta ("Beta Features"). These Beta Features may be incomplete, unstable, or inaccurate. Use them at your own risk. We may modify or discontinue Beta Features at any time without notice or liability. Beta Features are provided "as-is" and are excluded from any Service Level Agreements (SLAs) or warranties.

8. Accuracy and Use of Cerberius-Provided Data

While Cerberius strives for accuracy in the data provided through its Services (e.g., IP lookups, validation results), we cannot guarantee the completeness, correctness, or timeliness of such data. You are responsible for validating results before use in critical contexts. You may use data obtained from the Services for your internal business purposes only. Resale, redistribution, or use of Cerberius-provided data in violation of export laws or for purposes other than those permitted herein requires our prior written consent.

9. User Obligations and Representations

You represent, warrant, and agree that:

• You will comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services.
• You have obtained all necessary rights, releases, and permissions to provide User Data to Cerberius and to grant the rights granted to Cerberius in these Terms.
• Your User Data and your use of the Services will not infringe or misappropriate any third-party rights (including intellectual property rights and privacy rights) or violate any applicable laws or regulations.

10. Usage Limits, Fees, and Billing

Your subscription plan defines usage limits for the Services. Exceeding these limits may result in suspension of access or incurrence of excess usage charges as detailed on our pricing page or FAQ. Paid plans are billed in advance on a recurring 30-day (or other agreed) cycle via Stripe or another designated payment processor. Mid-period upgrades or downgrades may trigger prorated adjustments to your billing.

Free trials, if offered, may automatically convert to paid subscriptions at the then-current rate unless canceled before the end of the trial period. You will be notified prior to such conversion if applicable.

Failed payments may result in suspension or termination of your account after a grace period of 14 days, or as otherwise communicated. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

Taxes: All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities (such as GST, VAT), unless otherwise stated. You are responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Cerberius's net income.

Price Changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any fee changes (e.g., at least 30 days via email or a prominent notice on the Site). Fee changes will take effect at the start of the next billing cycle following the notice period. Your continued use of the Services after the fee change comes into effect constitutes your agreement to pay the modified fee amount.

11. Cancellations and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Cancellations will take effect at the end of your current billing period, and your subscription will remain active until that time. No refunds or credits will be provided for partial or unused periods of service, unless otherwise required by applicable law or explicitly stated in these Terms. Upon termination or cancellation, your right to use the Services ceases immediately, subject to any post-termination obligations outlined herein.

12. Prohibited Uses

You agree not to, and not to permit others to:

• Use the Services for any illegal, fraudulent, abusive, harassing, or unauthorized purpose.
• Reverse engineer, decompile, disassemble, scrape, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services, except to the extent expressly permitted by applicable law.
• Modify, translate, or create derivative works based on the Services.
• Rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Services.
• Use the Services to build a competitive product or service.
• Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
• Attempt to gain unauthorized access to the Services or their related systems or networks.
• Share API Keys, access tokens, or other credentials, or otherwise circumvent access controls or usage limitations.
• Use bots, spiders, or other automated methods to create accounts or access the Services, except as expressly permitted by our `robots.txt` file or API documentation.
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• Violate any applicable local, state, national, or international law, rule, or regulation (including but not limited to export control laws, sanctions, or data privacy laws).
• Infringe upon or violate the intellectual property rights or any other rights of Cerberius or any third party.

Violations of these Prohibited Uses may result in immediate suspension or termination of your access to the Services, and may subject you to civil or criminal penalties.

13. Service Level Agreement (SLA)

For paid subscription plans, Cerberius commits to a monthly uptime of 99.9% for the core API Services ("Uptime Commitment"). Uptime is calculated excluding scheduled maintenance, Beta Features, failures of third-party services beyond our reasonable control, failures caused by your misuse of the Services, or Force Majeure events. Planned maintenance will be communicated in advance where feasible. If the Uptime Commitment is not met for two consecutive billing cycles, affected users on paid plans may request a service credit proportional to the downtime, subject to verification by Cerberius. Such credit will be your sole and exclusive remedy for any failure to meet the Uptime Commitment. Exclusions apply as detailed herein and potentially in more specific SLA documentation if provided.

14. Intellectual Property

Cerberius and its licensors retain all right, title, and interest in and to the Services, including all underlying software, technology, algorithms, know-how, trademarks, service marks, trade names, logos, content, and documentation (collectively, "Cerberius IP"). Your use of the Services is limited to the license granted in these Terms. No other rights or licenses are granted to you, by implication, estoppel, or otherwise. You may not use our trademarks, service marks, or logos without our prior written consent. Any feedback, suggestions, ideas, or improvements regarding the Services that you provide to Cerberius ("Feedback") will become the sole and exclusive property of Cerberius, and you hereby assign all rights in such Feedback to Cerberius without any obligation or compensation to you.

15. Confidentiality

Each party (the "Receiving Party") agrees to protect the other party’s (the "Disclosing Party") Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own confidential information of a similar nature, and in any event with at least a reasonable degree of care. The Receiving Party will only use the Disclosing Party's Confidential Information as necessary to perform its obligations or exercise its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, or contractors who have a need to know, provided they are bound by confidentiality obligations at least as restrictive as those in these Terms.

Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the Receiving Party; (b) was in the Receiving Party's possession prior to disclosure by the Disclosing Party without an obligation of confidentiality; (c) is rightfully received by the Receiving Party from a third party without a duty of confidentiality; or (d) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information. The Receiving Party may disclose Confidential Information if required by law or court order, provided it gives the Disclosing Party prompt written notice (if legally permissible) to allow for a protective order or other remedy.

16. Third-Party Services and Attributions

The Services may integrate with, rely on, or otherwise utilize services, applications, or platforms provided by third parties (e.g., Stripe for payments, Google reCAPTCHA for security). Your use of such third-party services may be subject to their respective terms and conditions and privacy policies. Cerberius is not responsible for, and makes no warranties regarding, the operation, availability, content, or security of such third-party services. We are not liable for interruptions, errors, or damages caused by these third parties.

We may also engage subcontractors or other third-party providers to assist in delivering aspects of the Services, provided that we remain responsible for their compliance with our obligations to you under these Terms where applicable. For information on subprocessors involved in the processing of Personal Data, please refer to our Data Processing Agreement and Subprocessor List.

16.1. Third-Party Software, Data, and Open Source Components

The Services may include or utilize third-party software (including open source software), data, or other components that are subject to their own licenses. A list of such components and their respective licenses or required attributions can be found on our Attributions Page. By using the Services, you agree to comply with all such applicable third-party license terms.

17. Suspension and Termination

Suspension: We may suspend your access to the Services, in whole or in part, immediately and without prior notice if we believe in good faith that: (a) you are in material breach of these Terms; (b) your use of the Services poses a security risk to us or any third party; (c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (d) as required by law or regulation.

Termination by Cerberius: We may terminate your account and these Terms, or suspend or terminate your access to the Services, for any of the following reasons:

• Material or repeated violations of these Terms.
• Non-payment of fees for a period of [e.g., 30] days past the due date.
• Engaging in fraudulent, abusive, or illegal activity.
• If required by law, regulation, or governmental request.
• If the provision of Services to you is no longer commercially viable for us (with reasonable notice where feasible).

We will generally provide notice of suspension or termination unless we believe that doing so would cause legal liability, compromise an investigation, or is prohibited by law.

Termination by You: You may terminate your account and these Terms at any time as described in the "Cancellations and Refunds" section.

Effect of Termination: Upon termination, your right to access and use the Services will immediately cease. You will remain liable for all fees accrued up to the date of termination. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, confidentiality, and dispute resolution provisions. Specifically, Sections 0, 6 (License to Cerberius for service improvement and post-termination data handling as per Privacy Policy), 8, 10 (outstanding fees), 12, 14, 15, 17 (Effect of Termination), 18 (data handling), 19, 20, 21, 22, 23, 25, 26, 28, 29, and 30 shall survive termination.

18. Privacy and Data Processing

Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy describes how we collect, use, and disclose information related to your use of the Services, including User Data. We may use cookies and similar technologies for security, analytics, and functionality; you can typically manage cookie preferences via your browser settings.

By using the Services, you agree to comply with all applicable privacy and data protection laws in relation to your collection and use of personal data through the Services (e.g., GDPR, CCPA, Australian Privacy Principles (APP)).

Data Processing Addendum (DPA): If your use of the Services involves the processing of personal data that is subject to the General Data Protection Regulation (EU) 2016/679 ("GDPR") or similar data protection laws, and Cerberius acts as a "data processor" on your behalf, you may be required to enter into a Data Processing Addendum (DPA) with us. Our standard DPA is available upon request by contacting support@cerberius.com or may be provided via our Site. If applicable, the DPA will govern the processing of such personal data.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERBERIUS DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CERBERIUS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT OR DATA THEREIN, EVEN IF CERBERIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CERBERIUS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO CERBERIUS FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, Cerberius's liability will be limited to the fullest extent permitted by law.

21. Indemnification

You agree to defend, indemnify, and hold harmless Cerberius, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including, but not limited to, your User Data, and any use of the Services' content, data, or products other than as expressly authorized in these Terms; or (c) your infringement or violation of any law or the rights of a third party (including intellectual property rights). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent.

22. Dispute Resolution

Informal Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Cerberius, you agree to try to resolve the dispute informally by contacting support@cerberius.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or Cerberius may bring a formal proceeding.

Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be resolved by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, New South Wales, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

Injunctive Relief: Notwithstanding the foregoing, either party may seek preliminary injunctive relief or other equitable remedies in a court of competent jurisdiction in Sydney, New South Wales, to prevent irreparable harm or maintain the status quo pending arbitration, or to enforce an arbitration award.

23. Force Majeure

Cerberius shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, materials, or failures of public or private telecommunications networks or internet infrastructure ("Force Majeure Event").

24. Publicity

Unless you notify Cerberius otherwise in writing, you grant Cerberius the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided to us.

25. Export Compliance

The Services may be subject to export laws and regulations of Australia and other jurisdictions. You represent and warrant that you are not named on any government denied-party list and that you are not located in, under the control of, or a national or resident of any country to which the export of the Services or related technology is prohibited by applicable law. You agree to comply strictly with all applicable export and re-export control laws and regulations in connection with your use of the Services and shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Cerberius under these Terms to any destination, entity, or person prohibited by any applicable laws or regulations.

26. Governing Law and Jurisdiction

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 New South Wales, Australia, without regard to its conflict of law principles. Subject to the "Dispute Resolution" section, the parties irrevocably agree that the courts located in Sydney, New South Wales, Australia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) that is not subject to arbitration.

27. Changes to Terms

Cerberius reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notice may be provided by posting the updated Terms on the Site, by sending an email to the address associated with your account, or through other appropriate communication channels. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Site and the Services.

28. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, any applicable DPA, and any other agreements or policies expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between Cerberius and you regarding the Services, and supersede and replace any and all prior oral or written understandings or agreements between Cerberius and you regarding the Services.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if not possible, shall be severed from these Terms, and the remaining provisions of these Terms will continue in full force and effect.

Waiver: The failure of Cerberius to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cerberius. No single or partial exercise of any right or remedy will preclude any other or further exercise of that or any other right or remedy.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Cerberius's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Cerberius may freely assign or transfer these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Relationship of the Parties: The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

Headings: The headings in these Terms are for convenience only and shall not affect their interpretation.

No Third-Party Beneficiaries: Except as expressly provided in these Terms, there are no third-party beneficiaries to these Terms.

29. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Cerberius: (i) via email (to the address that you provide with your account); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Notices to Cerberius must be sent to legal@cerberius.com with a copy to admin@cerberius.com.

30. Contact Information

If you have any questions about these Terms of Service, please contact us at: support@cerberius.com.