Last Updated: July 8, 2025

These Terms of Service, (together with any purchase agreement, order form, service order, the “Terms”) apply to your access to and use of (i) the website located at https://nsslabs.com/ (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by NSS Labs LLC (NSS Labs) having its primary place of business at 515 South Capital of Texas Highway, Suite 225, Austin, TX 78746 (including all of its subsidiaries and affiliates, (“NSS Labs”, “we”, “our” or “us”), (ii) online services (including the Site, together the “Services”). If you do not agree to these Terms, do not use our Services.

These Terms are effective as of the date when: (1) you agree to the Terms, or (2) the effective date of any agreement executed between NSS Labs and you which incorporates these Terms by reference.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

Eligibility and Use Restrictions

  1. Authorization. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms (other than in this Section 2(a)) will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us.
  2. Use and Sharing. Our Services are provided to you only for your internal business use and not for the benefit or use of any third party. NSS Labs may enable you to designate authorized individuals (“Authorized Users”) to use our Services, and only Authorized Users may use our Services. You will be solely responsible for your Authorized Users and their activity in connection with the Services.

Your Information

You may provide certain information to NSS Labs in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, and other types of communication from NSS Labs via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to NSS Labs in connection with the Services is accurate.

For information about how we collect, use, share and otherwise process information about you as a Site visitor, please see our Privacy Policy.

Accounts

You must create an account in order to access and use our Services. You must ensure that: (a) you do not share account credentials, (b) you provide accurate account information and promptly update this information if it changes, and (c) you use a strong password for their account that is unique to our Services. You will maintain the security of any accounts created. If you discover or suspect that someone has accessed the account without permission, you will promptly notify NSS Labs. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

Prohibited Conduct

  1. You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services: (i) violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort; (ii) use or attempt to use another user’s account or information without authorization from that user and NSS Labs; (iii) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (iv) sell or resell our Services; (v) copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us; (vi) modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; (vii) use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner; (viii) reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services; (ix) use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that NSS Labs grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. NSS Labs reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; (x) develop or use any applications or software that interact with our Services without our prior written consent; (xi) use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms, or (xii) use our Services, Reports, or other content for the development of any software program, model, algorithm, or generative AI tool, including, but not limited to, training or using the Services, Reports or other content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation).
  2. Enforcement of this Section 4 is solely at NSS Labs’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

Fees and Payments

  1. Payment. If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date and your billing address to us or our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
  2. Suspension. NSS Labs reserves the right to suspend Services for which fees are thirty (30) days or more overdue, excepting those amounts subject to a good-faith dispute.
  3. Taxes. Fees for Services are stated are exclusive of any federal, state, municipal, or other government taxes that may be imposed upon use of the Services. You are solely responsible for paying any applicable taxes, limited to those imposed upon the transaction(s).

Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by NSS Labs or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Section 4), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for internal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Certain Services may provide (a) analyst reports, product assessments, product ratings, or other information and/or (b) analysis NSS Labs provides related to or based on any of the foregoing (“Reports”). You may use Reports solely for internal business purposes, subject to your compliance with these Terms (including Section 4) and you shall not share or distribute and Reports to any third party without NSS Labs’ prior written approval.

Copyright and Quote Policy

Notwithstanding any of the restrictions herein, certain limited use of copyrighted NSS Labs material may be permitted to be used pursuant to our Copyright & Quote Policy which is incorporated by reference into these Terms.

Trademarks

NSS Labs and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of NSS Labs and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about NSS Labs or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, or Services, or to improve or develop new products, services, or the Services in NSS Labs’s sole discretion. NSS Labs will exclusively own all improvements to, or new, NSS Labs products, services, or Services based on any Feedback. You understand that NSS Labs may treat Feedback as nonconfidential.

Third-Party Content

Our Services rely on or interoperate with third-party Services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services and Products. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.

Specifically, certain items of independent, third-party code may be utilized in connection with the Services that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.

We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other Services necessary to access and use the Services.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless NSS Labs and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “NSS Labs Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify NSS Labs Parties of any third-party Claims, cooperate with NSS Labs Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The NSS Labs Parties will have control of the defense or settlement, at NSS Labs’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and NSS Labs or the other NSS Labs Parties.

Disclaimers

Your use of our Services and any content or materials provided therein or therewith (including the Reports, the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services, the Reports, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. NSS Labs disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, NSS Labs does not represent or warrant that our Services, the Reports, or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Services, or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While NSS Labs attempts to make your use of our Services, the Reports, and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Services, the Reports, or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Services, the Reports, and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of NSS Labs, NSS Labs Parties, and NSS Labs’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

Limitation of Liability

  1. To the fullest extent permitted by applicable law, NSS Labs and the other NSS Labs Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if NSS Labs or the other NSS Labs Parties have been advised of the possibility of such damages.
  2. The total liability of NSS Labs and the other NSS Labs Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you to use our Services.
  3. The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of NSS Labs or the other NSS Labs Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release

To the fullest extent permitted by applicable law, you release NSS Labs and the other NSS Labs Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Governing Law

Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by NSS Labs in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

General

  1. Export Control. You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
  2. Governing Law. Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
  3. Severability. If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
  4. Waiver. NSS Labs’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
  5. Force Majeure. Each party will be excused from performance for any period during which, and to the extent that, it or its subcontractor(s) is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence including without limitation, acts of nature, strikes, lockouts, riots, acts of war, terrorism, epidemics, communication line failures, and power failures.
  6. Entire Agreement. These Terms together with all documents referred to herein, constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
  7. Survival. The terms of Section 4(xii), Section 12 (Indemnification), Section 13 (Disclaimers), Section 14 (Limitation of Liability), and Section 18 (General) shall survive the expiration or earlier termination of these Terms for any reason.
  8. Contact. If you have a question or complaint regarding the Services, please send an email to info@nsslabs.com. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.