Legal
These Terms of Service (the "Terms") form a binding agreement between you and Cloudmarlin LLC, a Delaware limited liability company ("Cloudmarlin", "we", "us"). By accessing or using cloudmarlin (the "Service"), including any anonymous upload feature, free account, or paid subscription, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
If you do not agree to these Terms, do not use the Service.
cloudmarlin is a hosted analysis service that accepts user-supplied packet captures ("PCAPs") and produces reports identifying network assets, protocol observations, traffic conversations, topology inferences, and security findings. The Service is provided through the website at https://cloudmarlin.com and any associated APIs.
The Service is offered in three forms:
You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) to register an account. You are responsible for the security of your account credentials and for all activity under your account. Notify us promptly at security@cloudmarlin.com of any suspected unauthorized access.
You may register either with an email and password or via Google OAuth. If you sign in with Google, your use is also subject to Google's terms; we receive only the identity claims you authorize (typically your email address, name, and Google account ID).
You retain ownership of the PCAPs and any other content you submit ("Your Content"). You grant Cloudmarlin a limited, non-exclusive, royalty-free license to host, process, analyze, transmit, and display Your Content solely as necessary to operate the Service for you.
You represent and warrant that:
PCAPs frequently contain personal data. IP and MAC addresses, hostnames, DNS lookups, HTTP headers, and unencrypted application traffic may identify individuals. You are the controller of that data; Cloudmarlin acts as a processor under your instructions. Do not upload data you are not authorized to process.
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in suspension or termination.
Paid plans are billed monthly in advance through Stripe, Inc. By starting a paid plan you authorize recurring charges to your selected payment method until you cancel. You can cancel at any time from your account; cancellation takes effect at the end of the then-current billing period and Your Content remains accessible until the period ends.
No refunds are provided for partial periods, except where required by applicable law. We may change pricing on at least 30 days' notice; price changes take effect at your next renewal.
Sales taxes, VAT, or similar charges are your responsibility unless explicitly itemized as included.
We may suspend or terminate your access immediately if you breach these Terms or the Acceptable Use Policy, if required by law, or to prevent harm to the Service or other users. You may close your account at any time; on closure, Your Content is deleted within 30 days, except for backups retained transiently and records we are legally required to keep.
The Service, including all software, designs, and documentation, is owned by Cloudmarlin or its licensors and is protected by intellectual-property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You may not reverse engineer, decompile, scrape, or attempt to discover the source of the Service, except where applicable law overrides this restriction.
The underlying analysis engine is the open-source MarlinSpike project, used under its open-source license. Nothing in these Terms restricts your rights under that license to the engine itself; this Service is a separate, hosted offering.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDMARLIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. Detection rules, severity scores, and asset/topology inferences are heuristic; they are not a substitute for professional security review.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDMARLIN'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) THE AMOUNT YOU PAID TO CLOUDMARLIN FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL CLOUDMARLIN BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you; in that case, our liability is limited to the maximum extent permitted by law.
You will indemnify and hold harmless Cloudmarlin and its officers, employees, and agents from any third-party claim arising out of (i) Your Content, (ii) your use of the Service in violation of these Terms or the Acceptable Use Policy, or (iii) your violation of any law or third-party right.
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction of those courts. Nothing in this section limits any consumer protection right that cannot be waived under the law of your country of residence.
We may update these Terms from time to time. If we make material changes, we will give you reasonable advance notice (typically by email to the address on your account or by a banner on the Service). Your continued use of the Service after the effective date of the updated Terms constitutes acceptance.
Questions about these Terms? Email legal@cloudmarlin.com, or write to: Cloudmarlin LLC, Delaware, USA.