Portend AI Terms of Service

Last updated: September 22, 2026

These Terms of Service (“Terms”) govern your access to and use of the websites operated by Portend AI, Inc. (“Portend,” “we,” “us,” or “our”), including portend.ai and free.portend.ai, the free tools available on them, and the Portend AI risk intelligence platform and related services. By accessing or using any of the Services, you agree to these Terms. If you do not agree, do not access or use the Services.

1. Scope and Acceptance

1.1 Business use only. The Services are intended for businesses and professionals, not consumers. You must be at least 18 years old to use them. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

1.2 Customer Agreements. Access to the Platform is available only to organizations that have signed an order form, master subscription agreement, or similar written agreement with Portend (a “Customer Agreement”). If a Customer Agreement conflicts with these Terms, the Customer Agreement controls to the extent of the conflict. These Terms apply to any matter a Customer Agreement does not address.

2. Definitions

  • “Authorized User” means an individual whom a Customer permits to access the Platform under its account.
  • “Customer” means an organization that has entered into a Customer Agreement with Portend.
  • “Customer Data” means data, files, credentials, and other information that you or your Authorized Users submit to the Services, including lists of organizations, domains, and other Targets you ask us to scan, monitor, or assess.
  • “Free Tools” means the no-cost tools made available on free.portend.ai or elsewhere on our websites, including our SSL, DNS, mail server, attack surface, penetration testing, privacy, compliance, cookie, and blacklist tools.
  • “Outputs” means risk scores, ratings, alerts, reports, findings, summaries, and other information that the Services generate or display.
  • “Platform” means Portend’s subscription software and services, including Portend AI TPRM, Portend AI Portfolio Risk Intelligence, and their dashboards, alerts, and APIs.
  • “Services” means our websites, the Free Tools, and the Platform, collectively.
  • “Target” means any organization, domain, IP address, website, application, network, or system that you submit to the Services for scanning, monitoring, or assessment.

3. The Services

3.1 Free Tools. We offer the Free Tools free of charge and without any commitment to continue offering them. We may limit, rate-limit, change, or withdraw any Free Tool at any time, and we may block access by any user or network at our discretion.

3.2 Platform. We provide the Platform to Customers under their Customer Agreement, including the subscription scope, term, and fees stated there.

3.3 Changes to the Services. We may add, modify, or remove features of the Services. If we remove a material feature of the Platform during a Customer’s paid subscription term, we will give reasonable advance notice where practicable.

4. Accounts

Customers are responsible for their Authorized Users and for all activity under their accounts. You must provide accurate account information, keep login credentials confidential, and notify us promptly at info@portend.ai if you become aware of any unauthorized access to your account.

5. Authorization to Scan

5.1 How scanning works. Several Free Tools and Platform features examine Targets by sending network requests to them. Depending on the tool, this can include retrieving public web pages, inspecting TLS configurations, querying DNS and mail servers, enumerating publicly reachable assets, and submitting automated test inputs to publicly reachable applications to identify common vulnerabilities. These requests generate traffic that the Target’s owner may observe and log, may trigger security alerts, and may in rare cases affect a Target’s performance or availability.

5.2 You must have authorization. You may submit a Target to any tool or feature that sends requests to it only if you own or control that Target, or you have the express authorization of its owner to test it. A website or system being reachable from the public internet does not mean you are authorized to test it.

5.3 Authenticated scanning. Where the Platform offers scanning of password-protected pages, Customers may submit credentials only for systems they own or control or are expressly authorized in writing to test, and only credentials they are entitled to share for that purpose. You are responsible for your choice of credentials and testing environment, and for any changes to accounts, data, or systems that an authenticated scan causes. We strongly recommend using dedicated test accounts and non-production environments.

5.4 External intelligence. Monitoring an organization through Platform features that draw on public, government, commercial, and proprietary sources, without sending test traffic to that organization’s systems, does not require that organization’s authorization. That use remains subject to sections 6 and 7.

5.5 Our rights. We may require proof of ownership or authorization, refuse or stop any scan, limit scan frequency or depth, and exclude Targets from scanning, including at the request of a Target’s owner.

5.6 Your responsibility. You are solely responsible for the scans you initiate and for complying with all laws that apply to them, including computer misuse laws such as the U.S. Computer Fraud and Abuse Act. Portend provides the tools and runs scans on your instruction.

6. Acceptable Use

You will not, and will not permit anyone else to:

  • use the Services in violation of any law or regulation, or to infringe or violate anyone’s rights;
  • scan or test any Target without the authorization required by section 5;
  • use the Services or any Output to plan, facilitate, or carry out unauthorized access to, an attack on, or the disruption of any system;
  • use the Services to stalk, harass, threaten, or surveil any individual;
  • use any Output as a factor in determining an individual’s eligibility for employment, credit, insurance, housing, or any other purpose covered by the Fair Credit Reporting Act or similar laws;
  • use the Services to discriminate unlawfully against any person;
  • copy, scrape, crawl, or bulk-extract data or Outputs from the Services, or query the Free Tools through automated means beyond ordinary individual use;
  • reverse engineer, decompile, or attempt to derive the source code, models, scoring methodology, or underlying data of the Services, except to the extent applicable law expressly permits it notwithstanding this restriction;
  • resell, sublicense, rent, or otherwise make the Services or Outputs available to third parties, or use them to operate a service bureau, except as a Customer Agreement expressly permits;
  • use the Services to build or train a competing product or service, or benchmark the Services for publication without our prior written consent;
  • circumvent rate limits, access controls, or security measures, or access the Services through any interface other than those we provide;
  • upload or transmit malware or any code designed to disrupt, damage, or gain unauthorized access to any system; or
  • interfere with or disrupt the integrity or performance of the Services or the data they contain.

7. Outputs and Risk Intelligence

7.1 Nature of Outputs. Outputs are produced by automated collection and analysis, including machine learning and generative AI, of information from public, government, commercial, and proprietary sources. Those sources may be incomplete, outdated, or wrong, and automated analysis may misidentify entities, misattribute signals, or reach incorrect conclusions. Outputs, including risk scores and ratings, are estimates and opinions produced by our methodology. They are not statements of fact about any organization or person, and they are not a certification, audit, or guarantee of any organization’s security, compliance, financial condition, or conduct.

7.2 Not professional advice. Outputs are not legal, compliance, regulatory, financial, investment, or accounting advice. You are solely responsible for your decisions and for verifying Outputs before relying on them for any material decision, including a decision to onboard, contract with, terminate, or invest in any organization. Security findings are indicators for further investigation. The absence of a finding does not mean a Target is secure.

7.3 Not a consumer reporting agency. Portend is not a consumer reporting agency, and the Services do not provide consumer reports as defined in the Fair Credit Reporting Act. The Services are designed to assess organizations, not individuals.

7.4 Use and disclosure of Outputs. You may use Outputs only for your internal business purposes. You will not publish or publicly disclose Outputs that identify or relate to an organization other than your own, including risk scores and ratings, without our prior written consent. You may share Outputs with the organization they concern and with your professional advisers, auditors, and regulators as reasonably needed for your risk management activities, provided each recipient is informed that Outputs are subject to the limitations in section 7.1.

7.5 Corrections. If you believe information the Services display about your organization is inaccurate, contact us at info@portend.ai. We will review the request in good faith and correct or remove information where we determine it is appropriate.

8. Customer Data and Privacy

8.1 Ownership. As between you and Portend, you retain all rights in your Customer Data.

8.2 License to Portend. You grant Portend a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data as needed to provide, secure, and support the Services, and as otherwise permitted by your Customer Agreement.

8.3 Aggregated data. Portend may create aggregated and de-identified data from the operation and use of the Services that does not identify you, your Authorized Users, or your Customer Data, and may use that data for any lawful purpose, including to maintain and improve the Services.

8.4 Confidentiality of your Targets. We will not disclose to any third party, including a Target, that a Customer has submitted, monitored, or assessed that Target, except to our service providers bound by confidentiality obligations or as required by law.

8.5 Your responsibilities. You represent that you have all rights and consents needed to submit Customer Data, and that our processing of it as described in these Terms will not violate any law or anyone’s rights. Do not submit sensitive personal information, such as health information, financial account numbers, or government identification numbers, except as a Customer Agreement expressly permits.

8.6 Security. We maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data. No method of storage or transmission is completely secure, and we cannot guarantee absolute security.

8.7 Privacy. Our Privacy Policy at portend.ai/privacy-policy describes how we handle personal information. Where Portend processes personal data on a Customer’s behalf under laws that require it, the parties will enter into a data processing agreement.

9. Intellectual Property

9.1 Portend’s rights. Portend and its licensors own all rights in the Services, including the software, models, scoring methodology, data compilations, Outputs, documentation, and our trademarks, excluding Customer Data. Subject to these Terms and, for the Platform, your Customer Agreement, Portend grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes. We reserve all rights not expressly granted.

9.2 Retained Outputs. Unless your Customer Agreement says otherwise, a Customer may continue to use Outputs delivered during its subscription term for its internal business purposes after the term ends, subject to section 7.

9.3 Feedback. If you give us suggestions or feedback about the Services, we may use them without restriction or obligation to you.

10. Third-Party Content and Services

The Services may include or link to third-party websites, data, software, and services. We do not control and are not responsible for them, and your use of them may be governed by the third party’s terms. Open-source components used in the Services are governed by their own licenses.

11. Fees

Fees for the Platform are set out in your Customer Agreement. The Free Tools are currently free. We will not charge you for any Service unless you have agreed to the fee in writing.

12. Suspension and Termination

12.1 Websites and Free Tools. We may suspend or terminate your access to our websites and Free Tools at any time, for any reason, without notice.

12.2 Platform. We may suspend a Customer’s or Authorized User’s access to the Platform if we reasonably believe that it violates section 5 or 6, poses a security risk to the Services or others, or must be suspended to comply with law, or as otherwise provided in the Customer Agreement. We will give notice where practicable and limit the suspension in scope and duration to what is reasonably necessary. Termination of a Customer’s subscription is governed by its Customer Agreement.

12.3 Effect. When your access ends, your right to use the Services ends. Sections 5.6, 6, 7, 8.3, 9, and 13 through 19, and any other provision that by its nature should survive, survive termination.

13. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN A CUSTOMER AGREEMENT, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND PORTEND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PORTEND DOES NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, COMPLETE, OR CURRENT, THAT THE SERVICES WILL DETECT ALL RISKS, VULNERABILITIES, OR EVENTS, THAT SCANS WILL NOT AFFECT A TARGET, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FREE TOOLS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

14. Limitation of Liability

14.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTEND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTEND’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO PORTEND FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US $100).

14.3 Decisions and scans. Without limiting sections 14.1 and 14.2, Portend is not liable for decisions you make in reliance on Outputs or for the consequences of scans you initiate.

14.4 Application. These limitations apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law. Where a Customer Agreement contains its own limitation of liability, that provision governs the Platform.

15. Indemnification

You will defend, indemnify, and hold harmless Portend and its affiliates, officers, directors, employees, and agents from and against any third-party claim, and related losses, damages, fines, costs, and reasonable attorneys’ fees, arising out of or relating to (a) any scan you initiate, including any claim that you lacked authorization to scan a Target; (b) your violation of these Terms or applicable law; (c) your Customer Data; or (d) your use or disclosure of Outputs in violation of these Terms. We will give you prompt notice of the claim, allow you to control its defense, and provide reasonable cooperation at your expense. You may not settle a claim in a way that imposes any obligation or admission on Portend without our prior written consent.

16. Export and Sanctions Compliance

You will comply with all applicable export control and economic sanctions laws in using the Services. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in Santa Clara County, California have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party consents to personal jurisdiction there. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information, or to stop unauthorized scanning or use of the Services.

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and change the “Last updated” date. If we make a material change, we will notify Customers by email or through the Platform at least 30 days before it takes effect. Your continued use of the Services after an update takes effect constitutes acceptance of the updated Terms. An update to these Terms does not change a signed Customer Agreement.

19. General

19.1 Entire agreement. These Terms, together with our Privacy Policy and any Customer Agreement, are the entire agreement between you and Portend regarding the Services and supersede any prior agreements on that subject.

19.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets or business.

19.3 Force majeure. Neither party is liable for any delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control.

19.4 Notices. We may give you notice by email to the address associated with your account or by posting on the Services. You may give notice to Portend by email to info@portend.ai, with a copy by mail to the address in section 20.

19.5 Other terms. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. The parties are independent contractors. There are no third-party beneficiaries of these Terms. Headings are for convenience only, and “including” means “including without limitation.” You consent to receive communications from us electronically.

20. Contact

Questions about these Terms can be sent to:

Portend AI, Inc.
PO Box 242
New Almaden, CA 95042
info@portend.ai