Terms & Conditions

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which you may use Our Site and Our Platform. Please read these Terms and Conditions carefully and ensure that you understand them. Additional terms may apply to your purchase of relevant services, and those additional terms shall become part of your agreement with. You will be required to read and accept these Terms and Conditions in order to use Our Platform. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to use Our Platform.

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use certain areas of Our Site, including Our Platform;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site (including, but not limited to, Our Platform);

“Contract” means a contract for the purchase of a Subscription to use Our Platform, as explained in Clause 7;

“Data Protection Legislation” means the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and any national implementing laws, regulations, and secondary legislation (as amended from time to time);

“Platform” means collectively the online facilities, tools, services, products and information that We provide through Our Site;

“Subscription” means a subscription to Our Site providing access to Our Platform;

“Subscription Confirmation” means our acceptance and confirmation of your purchase of a Subscription;

“Third Party Service Provider” means a third party providing a service that is offered to Users through Our Platform;

“User” means a user of Our Site;

“User Content” means any Content submitted by a User;

“We/Us/Our/Maltego” means Maltego Technologies GmbH, a company registered in the district court Munich, Paul-Heyse-Straße 29, 80336 Germany under no. HRB 236523

3.1 In order to procure services on Our Site, you are required to create an Account which will contain certain personal details and Payment Information. We may not require payment information until you wish to make a purchase.
3.2 By continuing to use Our Site you represent and warrant that:

all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required;
and you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.
3.3 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
3.4 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us.

5.1 Access to Our Platform requires a Subscription. Upon purchasing a Subscription, Our Platform will be available to you for the duration of that Subscription and any and all subsequent renewals.

5.2 We may from time to time make changes to Our Platform:

Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue, however they will be unlikely to materially affect your use of Our Platform;

Minor changes may be made to reflect changes in the law or other regulatory requirements, however they will be unlikely to materially affect your use of Our Platform; and

We will continue to develop and improve Our Platform over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.

5.3 We will always aim to ensure that Our Platform is available at all times. In certain cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 5.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to availability.

6.1 We make all reasonable efforts to ensure that all descriptions of the services available from Us correspond to the actual services that will be provided and/or made available to you. There may, however, be minor variations in the descriptions, from time to time, due to active Platform development, bug fixes and constant addition of new features.

6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations in Our services, not to different services altogether.

6.3 Where appropriate, you may be required to select your required Subscription. Different types of Subscription provide access to different features on Our Platform.

6.4 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but may apply to any subsequent renewal or new Subscription.

6.5 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.

6.6 All our prices do not include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your order. Please ensure that you check carefully before confirming your purchase.

7.2 No part of Our Site, Our Platform, or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).

7.3 Subscription Confirmations contain the following information:

Your Subscription;

Confirmation of your chosen Subscription including details of the main characteristics and features;

Fully itemized pricing, including, where appropriate, taxes and other additional charges;

The duration of your Subscription (including the start date, and the renewal date).

7.4 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order.

7.5 In the event that We do not accept or cannot fulfil your order for any reason, no payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.

7.6 Any refunds under this Clause 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

7.7 Refunds under this Clause 7 will be made using the same payment method that you used when purchasing your Subscription.

7.8 Subject to the cancellation provisions in Clause 16, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription.

7.9 By purchasing a Subscription, you are expressly requesting that you wish access to Our Platform to be made available to you immediately. Please be aware that We do not offer any Subscriptions that do not begin immediately. For more details of cancellation, please refer to Clause 16.

7.10 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

8.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation.

8.2 We accept the following methods of payment:

MasterCard;
Visa;
For Yearly (prepaid) subscriptions and Corporate plans we can also accept payments via Bank Transfer and PayPal.

8.3 If you do not make any payment due to Us on time, We may suspend your access to Our Platform. If you do not make payment within 14 calendar days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

8.4 If you believe that We have charged you an incorrect amount, please contact Us at support@maltego.com as soon as reasonably possible to let us know.

9.1 We grant you a limited, non-exclusive, revocable, worldwide, non-transferable license to use Our Platform, subject to these Terms and Conditions.

9.2 Subject to the license granted to Us under sub-Clause 10.3, you retain the ownership of copyright and other intellectual property rights in your User Content (subject to any third-party rights in that User Content and the terms of any license under which you use such Content).

9.3 All other Content included in Our Platform (including all user-facing material, and all underlying material such as code, software, and databases, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable German and international intellectual property laws and treaties.

9.4 By accepting these Terms and Conditions, you hereby undertake:

Not to copy, reproduce, distribute, store, download or otherwise attempt to acquire any part of Our Platform/Site;
Not to disassemble, decompile or otherwise reverse engineer Our Platform/Site;
Not to allow or facilitate any use of Our Platform/Site that would constitute a breach of these Terms and Conditions; and
Not to embed or otherwise distribute Our Platform on any website, ftp server or similar.

10.1 You agree that you will be solely responsible for any and all User Content that you upload to Our Platform. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 11.

10.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 10.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.

10.3 You (or your licensors, as appropriate) retain ownership of your User Content, but by creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license of the same.

10.4 If you wish to remove User Content, you may do so by contacting our Customer Support team (at support@maltego.com). You acknowledge, however, that caching or references to your User may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

10.5 We may reject, reclassify, or remove any User Content created or uploaded using Our Platform where, in Our sole opinion, such User Content violates Our Acceptable Usage Policy (clause 11) or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

11.1 You may only use Our Platform in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:

You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
You must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;
You must not use Our Platform for unauthorized mass-communications, commonly referred to as “spam” or “junk mail”;
You must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
You must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way;

11.2 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages.

11.3 The following types of User Content are not permitted on Our Platform and you must not create, submit, communicate, link to, or otherwise do anything that:

is sexually explicit;
is obscene, deliberately offensive, hateful, or otherwise inflammatory;
promotes violence;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or otherwise likely to deceive;
is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.4 We reserve the right to suspend or terminate your Account and/or your access to Our Platform if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:

Suspend, whether temporarily or permanently, your Account and/or your right to access Our Platform;
Remove any of your User Content (or any part thereof) which violates this Acceptable Usage Policy;
Issue you with a written warning;
Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
Take further legal action against you as appropriate;
Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
Any other actions which We deem reasonably appropriate (and lawful).

11.5 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

13.1 No part of Our Platform or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Platform or any Content (including User Content) included in Our Platform.

13.2 We make no representation, warranty, or guarantee that Our Platform will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

13.3 We make reasonable efforts to ensure that the content contained within Our Platform is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Platform (and the content therein) is complete, accurate or up-to-date.

13.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Our Platform. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

13.5 Whilst We use reasonable endeavors to ensure that Our Site and our Platform is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

13.6 We are not responsible for any aspect of any services provided by Third Party Service Providers, nor do we endorse those services in any way.

13.7 Your use of services provided by Third Party Service Providers shall be subject to the terms and conditions specific to those services. We will not be party to any contracts or agreements between you and Third-Party Service Providers, nor will we be responsible for such transactions in any way.

14.1 We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Platform or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Platform.

14.2 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

14.3 We exercise all reasonable skill and care to ensure that Our Platform is free from viruses and other malware. However, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Platform (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.

14.4 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Platform or any User Content resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

14.5 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

15.1 We exercise all reasonable skill and care to ensure that Our Platform is secure and free from viruses and other malware. We do not, however, guarantee that Our Platform or any User Content are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 14.3.

15.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

15.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform.

15.4 You must not attempt to gain unauthorized access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform.

15.5 You must not attach Our Platform by means of a denial of service attack, a distributed denial of service attack, or by any other means.

15.6 Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Platform will cease immediately in the event of such a breach and, where applicable, your Account and User Content, will be suspended and/or deleted.

16.1 Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any reason. This period, if applicable, begins once a contract is formed and ends at the end of 14 calendar days after that date.

16.2 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:

We have incorrectly described Our Platform; or
We have informed you of an upcoming change to Our Platform that you do not agree to; or
We have informed you of an error in the price or description of your Subscription or Our Platform and you do not wish to continue; or
There is a risk that the availability of Our Platform may be significantly delayed due to events outside of Our control; or
We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.

16.3 Subject to sub-Clause 16.2, non-renewing Subscriptions cannot be cancelled. Auto-renewing Subscriptions can be cancelled at any time, however (also subject to sub-Clause 16.2), no refunds can be provided and you will continue to have access to Our Platform for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.

16.4 To cancel a Subscription for any reason, please inform us using one of the following methods:

By email at support@maltego.com; or
By post, sending a letter at the address: Paul-Heyse-Str. 29, 80336 Munich, Germany, to Maltego Technologies GmbH

In each case, providing Us with your name, address, email address, telephone number, and Subscription information.

16.5 We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Our Platform in the future, however please note that you are under no obligation to provide any details if you do not wish to.

16.6 Any and all refunds due to you, if any, will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.

If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your Subscription in error, please contact Us at support@maltego.com.

16.7 Notwithstanding the foregoing, We reserve the right to terminate without giving reasons, We may cancel your Subscription and/or close your Account. In this case you have 30 days to download any Data and User Content. Following this period your User Content or Data in it shall be deleted.

17.1 If you wish to contact Us i) with general questions or complaints, ii) for matters relating to Our Platform, your Subscription, or cancellation of your Account, you may contact Us by telephone at +49 89 24418490, by email at support@maltego.com, or by post at Paul-Heyse-Str. 29, 80336 Munich, Germany, in the attention of Maltego Technologies GmbH. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

17.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

19.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

19.2 We may use your personal information to:

Provide Our services to you;
Process your payment for the services; and
Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

19.3 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.maltego.com/data-privacy/.

20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts .
20.3 Nothing in these Terms and Conditions excludes or restricts Maltego Technologies' liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions (and the Contract) will not be affected and Our obligations under these Terms and Conditions (and the Contract) will be transferred to the third party who will remain bound by them.

20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without Our express written permission.

20.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

20.6 We may revise these Terms and Conditions from time to time. Inasmuch as We shall make a change as stated to these Terms and Conditions, we shall publish the updated Terms and Conditions on the website https://spark.maltego.com/terms. You understand and agree, that the use of the site or of Our Platform, including any continued use after any change or update, constitutes consent by you to the Terms and Conditions in their most updated version, as they shall be updated from time to time.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of latest updated Terms and Conditions shall prevail unless it is expressly stated otherwise.

Terms and Conditions

1. Definitions and Interpretation

2. Information About Us

3. Accounts

4. Age Restrictions

5. Access and Changes to Our Platform

6. Subscriptions, Pricing and Availability

7. Subscriptions – How Contracts Are Formed

8. Payment

9. Intellectual Property Rights and License

10. User Content

11. Acceptable Usage Policy

12.Problems with Our Platform

13. Disclaimers

14. Our Liability

15. Viruses, Malware and Security

16. How We Use Your Personal Information (Data Protection)

17. Contacting Us

18. Privacy and Cookies

19. How We Use Your Personal Information (Data Protection)

20. Limitation of Liability

21. Other Important Terms

22. Law and Jurisdiction

Pages

Policy Pages