Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites and online services operated by Diverg (“Diverg,” “we,” “us,” or “our”), including divergsec.com and related pages (collectively, the “Site”), and the Diverg Open console and API made available at dash.divergsec.com and associated endpoints (collectively, the “Services”). By accessing the Site or using the Services, you agree to these Terms. If you do not agree, do not use the Site or Services.

We may update these Terms from time to time. We will post the revised Terms on this page and update the “Last updated” date. Material changes may be communicated through the Services or by email where appropriate. Your continued use after changes become effective constitutes acceptance of the revised Terms.

Professional security and investigation engagements may also be subject to a separate written statement of work or agreement. If there is a conflict between such an agreement and these Terms, the written engagement terms control for that engagement.

1. Eligibility and accounts

You must have legal authority to enter these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization. You are responsible for safeguarding account credentials and for all activity under your account. Notify us promptly at [email protected] if you suspect unauthorized access.

2. Description of the Services

The Services provide security analysis, investigation-style tooling, and related outputs in machine-readable or human-readable form. Features may change, be suspended, or discontinued. We do not guarantee uninterrupted or error-free operation, or that the Services will meet your requirements.

3. Authorized use and security testing

Many features of the Services are capable of probing systems, collecting technical data, and producing findings that resemble offensive security work. You may use the Services only on systems, networks, applications, and data for which you have explicit authorization. You must comply with applicable law, contractual obligations, and platform rules. You must not use the Services to access, probe, or interfere with systems you are not authorized to test, or to harass, harm, or defraud others.

You acknowledge that outputs may include heuristics, probabilistic signals, or third-party data that can be incomplete or incorrect. You are responsible for validating results and for decisions you make based on them.

4. Acceptable use

In addition to Section 3, you agree not to: (a) violate any law or third-party right; (b) attempt to gain unauthorized access to the Services, other accounts, or our vendors; (c) interfere with or disrupt the Services or infrastructure; (d) scrape or overload the Services in a way that impairs them; (e) reverse engineer the Services except where applicable law prohibits this restriction; (f) resell or redistribute the Services in violation of these Terms or applicable law; (g) use the Services to distribute malware, conduct phishing, or facilitate illegal activity.

We may investigate violations and cooperate with law enforcement where required. We may suspend or terminate access for conduct we reasonably believe violates these Terms or creates risk.

5. Credits, access, and fees

Certain features may require registration, credits, API keys, or payment. If we offer paid plans, pricing and billing terms will be presented at purchase or in a separate order form. Unless stated otherwise, fees are non-refundable. We may change pricing or credit policies with reasonable notice where required by law.

6. Third-party services and data sources

The Services may rely on third-party infrastructure, authentication providers, blockchain nodes, data vendors, or open sources. Those providers are governed by their own terms. We are not responsible for third-party failures, rate limits, or data accuracy beyond our reasonable control.

7. Intellectual property

We and our licensors own the Site, Services, branding, and underlying software, subject to applicable open-source licenses for components we distribute under those licenses. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes in accordance with these Terms.

You retain rights to data you submit, subject to the license we need to operate the Services: you grant Diverg a worldwide, royalty-free license to host, process, transmit, and display your content solely to provide and improve the Services and to comply with law.

8. Confidentiality

If you receive non-public information about Diverg, you will protect it with reasonable care and use it only as permitted. Outputs you generate about your own systems remain yours, subject to these Terms and any separate NDA or engagement agreement.

9. Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. The Services do not constitute legal, regulatory, or investment advice. You are responsible for compliance with laws applicable to your use and industry.

10. Limitation of liability

To the fullest extent permitted by law, neither Diverg nor its suppliers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amounts you paid us for the Services in the twelve (12) months before the claim, or (b) one hundred U.S. dollars (USD $100) if you have not paid fees.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum permitted by law.

11. Indemnity

You will defend and indemnify Diverg and its affiliates, officers, and employees against third-party claims, damages, and costs (including reasonable attorneys’ fees) arising from your use of the Services, your content, or your violation of these Terms or law, except to the extent caused by our willful misconduct.

12. Termination

You may stop using the Services at any time. We may suspend or terminate access for breach of these Terms, risk to the Services or others, or legal requirements. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive termination.

13. Export and sanctions

You represent that you are not located in, or ordinarily resident in, a jurisdiction subject to comprehensive sanctions or export restrictions where use of the Services is prohibited. You will comply with applicable export and sanctions laws.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to applicable law, exclusive jurisdiction and venue for disputes will be in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

15. General

These Terms constitute the entire agreement between you and Diverg regarding the Site and Services and supersede prior understandings on this subject. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact

Questions about these Terms: [email protected]

Our Privacy Policy describes how we handle personal information.