Terms of Service
Welcome to DomainsIntel.com. These Terms of Service ("Terms") govern your access to and use of the website https://www.domainsintel.com, and the domain intelligence platform, software, and services (collectively, the "Service") provided by MOJO Innovations Limited ("we", "us", "our").
Please read these Terms carefully. By creating an account, accessing, or using the Service, you agree to be bound by these Terms. Our processing of personal data is described in our Privacy Policy.
If you are using the Service on behalf of an organization or entity, then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refer to that Organization.
1. The Service
1.1. Description
The Service is a B2B Software-as-a-Service (SaaS) platform that transforms DNS, domain registration (RDAP/WHOIS) and related data into actionable intelligence to help businesses with use cases including, but not limited to, brand protection, anti-phishing, and cybersecurity threat intelligence. Depending on your Subscription Plan, the Service may also include managed takedown services as set out in clause 4.
1.2. License to Use the Service
Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service for your internal business purposes only.
1.3. Service Data
The data, reports, analyses, and intelligence generated by the Service ("Service Data") are provided for your internal informational and security purposes. You may use Service Data to protect your own brand and infrastructure.
1.4. Subscription Plan
"Subscription Plan" means the specific fees, billing frequency, minimum term, takedown allowance and any other entitlements applicable to you, as selected by you at checkout or otherwise agreed in writing between us (including by email). Your Subscription Plan forms part of these Terms. Where there is any conflict between your Subscription Plan and these Terms, your Subscription Plan prevails.
2. Account Registration and Security
2.1. Account Creation
You must register for an account to access the Service. 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.
2.2. Responsibility
You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this section.
3. Subscriptions, Fees, and Payment
3.1. Subscription Plans
The Service is provided on a subscription basis. You agree to pay all fees associated with your Subscription Plan ("Subscription Fees").
3.2. Minimum Term
Your Subscription Plan may specify a minimum term. Where it does, you commit to the Service for that period and remain responsible for the Subscription Fees for the full minimum term, whether or not you continue to use the Service, subject to clause 8.3. Where no minimum term is specified, your subscription runs month to month.
3.3. Billing and Renewal
Subscription Fees are billed in advance at the frequency set out in your Subscription Plan. At the end of any minimum term, your subscription continues month to month unless your Subscription Plan expressly provides for a different renewal period or a further term is agreed. You authorise us and our third-party payment processor to charge your payment method for each billing period until your subscription is cancelled in accordance with clause 3.4.
3.4. Cancellation
You may cancel at any time by written notice to mike@domainsintel.com. Where a minimum term applies, cancellation prevents renewal but does not end the minimum term, and Subscription Fees will continue to be billed at the agreed billing frequency until the end of that term. Where no minimum term applies, or where the minimum term has ended, cancellation takes effect at the end of your current billing period. Fees already paid are non-refundable and we do not offer pro-rata refunds, except where these Terms expressly provide otherwise.
3.5. Founding Customer and Promotional Pricing
Where a Subscription Plan includes promotional or founding customer pricing, any duration or conditions applicable to that pricing will be stated in the Subscription Plan. Promotional pricing is non-transferable.
3.6. Price Changes
We reserve the right to change our standard Subscription Fees. We will provide you with reasonable prior notice of any price changes. Any changes will not affect your current term but will become effective upon renewal, subject to clause 3.5.
3.7. Failed Payments
If a payment fails, we may suspend the Service, including any takedown activity in progress, until payment is received. We will give you reasonable notice before doing so.
3.8. Taxes
Fees are exclusive of applicable taxes, levies, or duties. Where required by law, applicable taxes will be charged in addition to the Subscription Fees. Where taxes are required to be self-accounted for by you, you are responsible for doing so.
4. Takedown Services
4.1. Scope
Where your Subscription Plan includes takedown services, we will prepare and submit abuse reports, complaints and takedown requests to relevant third parties, which may include domain registrars, registries, hosting providers, content delivery networks, e-commerce and payment platforms, and browser and reputation services, in respect of domains and websites identified as impersonating or infringing your brand.
4.2. Authorisation
Takedown services are conditional on you providing, and keeping current, a signed Letter of Authority appointing us as your authorised representative for this purpose. We may decline to act, or pause activity, where such authorisation is absent, expired or, in our reasonable view, insufficient for a particular third party.
4.3. Allowance
Your Subscription Plan sets out the number of takedowns included and the period over which that allowance applies (the "Allowance Period"). A takedown is counted when we first initiate and submit an enforcement case in respect of a domain. Each distinct domain counts as one takedown. Follow-up requests, escalation, and submissions to additional providers in relation to the same case do not consume additional takedowns. Unused allowance does not carry over into a subsequent Allowance Period unless your Subscription Plan states otherwise.
4.4. Exhausted Allowance
Where your allowance is exhausted, we will notify you and no further takedowns will be initiated until additional takedowns are agreed. Additional takedowns may be arranged at a rate agreed in advance. Monitoring and alerting continue regardless of your remaining allowance.
4.5. Reinstated Domains
Where a domain that was suspended, disabled or taken offline following our enforcement action becomes active again within 120 days, and your subscription remains active, we will pursue it again without it counting against your allowance. This applies to the same domain only. A different domain, however similar, counts as a separate takedown.
4.6. No Guarantee of Outcome
Whether a domain or website is suspended, disabled, removed or restricted is determined solely by the relevant registrar, hosting provider, platform or other third party, applying their own policies and at their discretion. We commit to preparing and pursuing complaints diligently and to escalating where appropriate. We do not guarantee any particular outcome or timescale, and no representation as to results or timing forms part of these Terms.
4.7. Excluded Domains
You are responsible for identifying to us any domains or websites owned, operated or authorised by you, or by your resellers, distributors or partners, and for keeping that list current. We will not knowingly pursue action against a domain you have identified to us as excluded.
4.8. Your Information
You are responsible for the accuracy of the trademark, brand and rights information you provide to us for use in complaints. We rely on that information in good faith.
4.9. Legal Proceedings
Takedown services do not include commencing legal or administrative proceedings, including URS or UDRP filings, or the provision of legal advice. We are not a law firm. Any assistance with such proceedings is outside your Subscription Plan and must be separately agreed.
5. Acceptable Use Policy
You agree not to do, or attempt to do, any of the following:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
- Resell, sublicense, lease, or otherwise make the Service available to any third party without our express written consent.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.
- Use the Service to harass, abuse, or harm another person or to send spam or other unsolicited communications.
- Use the Service Data in a manner that violates the privacy rights of any individual.
- Interfere with or disrupt the integrity or performance of the Service or its data.
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- Request takedown action against domains or websites in which you do not hold or represent the relevant rights.
6. Intellectual Property Rights
6.1. Our IP
We and our licensors exclusively own all right, title, and interest in and to the Service, including all associated software, technology, branding, and intellectual property rights. These Terms do not grant you any rights to use our trademarks, logos, or other brand features.
6.2. Your Data
You retain all ownership rights to the information and data you provide to the Service for analysis ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to use, host, store, and reproduce your Customer Data solely for the purpose of operating and providing the Service to you, including submitting complaints on your behalf where your Subscription Plan includes takedown services.
6.3. Feedback
If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose.
7. Confidentiality
"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. Each party agrees to protect the other's Confidential Information with the same degree of care that it uses to protect its own and not to use or disclose it for any purpose outside the scope of this Agreement. Confidential Information does not include information that is or becomes publicly available other than through breach of these Terms, was known to the receiving party before disclosure, is independently developed without reference to the disclosing party's information, or is lawfully obtained from a third party. Either party may disclose Confidential Information to its employees, contractors and service providers on a need-to-know basis, and where required by law.
8. Term and Termination
8.1. Term
These Terms will remain in effect as long as you have an active subscription.
8.2. Termination by You
You may cancel in accordance with clause 3.4.
8.3. Termination for Material Breach
Either party may terminate these Terms if the other party materially breaches them and fails to remedy that breach within 30 days after receiving written notice specifying the material breach in reasonable detail. If you terminate due to our uncured material breach, no Subscription Fees will be payable for periods after termination, including any remaining part of a minimum term.
8.4. Suspension
We may suspend your access to the Service if you breach any material provision of these Terms. We will provide you with notice and an opportunity to cure the breach where feasible.
8.5. Effect of Termination
Upon termination, your license to use the Service will immediately cease and we will cease further work on any takedown activity in progress. We will have no obligation to maintain your Customer Data and may delete it, save that we may retain evidence and case records created in the course of takedown activity for the purposes of any related dispute, in line with our Privacy Policy. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimers of Warranties
THE SERVICE AND SERVICE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICE DATA, WHICH IS BASED ON PUBLICLY AVAILABLE AND THIRD-PARTY INFORMATION. THREAT ASSESSMENTS AND CLASSIFICATIONS ARE AUTOMATED, MAY BE INCOMPLETE OR INCORRECT, AND DO NOT CONSTITUTE LEGAL ADVICE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOJO INNOVATIONS LIMITED, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) THE DECISION OF ANY THIRD PARTY TO ACT OR NOT ACT UPON A COMPLAINT SUBMITTED ON YOUR BEHALF; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.
11. Indemnification
You agree to indemnify and hold harmless MOJO Innovations Limited and its officers, directors, employees and agents against all losses, liabilities, damages, costs and reasonable legal costs and expenses arising out of or in connection with any third-party claim resulting from:
(a) information, representations or instructions provided by you that are inaccurate or misleading;
(b) your lack of ownership, rights or authority in relation to a brand, trademark, domain, website or other subject matter in respect of which you instruct us to act;
(c) any complaint or enforcement action submitted by us in accordance with your instructions and the authorisation you have provided; or
(d) your material breach of these Terms,
except to the extent caused by our negligence, wilful misconduct, or action outside the scope of your instructions or authorisation.
We will notify you promptly of any indemnified claim and reasonably cooperate with you in its defence. You may control the defence and settlement of any such claim, provided that no settlement admitting liability on our part, or imposing any obligation on us, may be entered into without our prior written consent.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. You agree that any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Ireland.
13. General Provisions
13.1. Changes to Terms
We may modify these Terms from time to time. We will give reasonable prior notice of material changes. Material changes will not materially reduce your paid entitlements or otherwise materially disadvantage you during a current minimum term without your agreement, except where a change is required by law or is reasonably necessary for security or abuse prevention. Otherwise, material changes will take effect from your next renewal. Your continued use of the Service after changes take effect constitutes your acceptance of them.
13.2. Entire Agreement
These Terms, together with your Subscription Plan, constitute the entire agreement between you and us regarding the Service. Any Letter of Authority provided by you is supplemental to these Terms and remains effective in accordance with its own provisions. Our processing of personal data is described in our Privacy Policy.
13.3. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
13.4. Contact Information
If you have any questions about these Terms, please contact us at mike@domainsintel.com.
MOJO Innovations Limited
CRO No. 814011
18 Mallow Street Upper, Limerick, V94 N12Y, Ireland