CrowdStrike Falcon® Prevent for Home Use for CrowdStrikers Terms
IF YOU LIVE IN THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 12. IT AFFECTS HOW DISPUTES ARE RESOLVED.
PLEASE READ THESE TERMS CAREFULLY. By installing and/or using the Falcon Prevent for Home Use software (the “Software”), you, as an individual (“you” or “your”) accept these CrowdStrike Falcon® Prevent for Home Use Terms (the “Terms”). You represent that you are lawfully able to enter into these Terms (for example, you are an adult). These terms are a binding contract between you and CrowdStrike. If you do not have:
(1) the authority to enter into the Terms, or (2) you do not agree to, or cannot comply with, all the Terms, then you may not use the Software.
YOUR RIGHT TO DOWNLOAD, INSTALL AND USE THE SOFTWARE FOR YOUR OWN AND YOUR HOUSEHOLD’S PERSONAL DEVICES IS CONDITIONED ON YOUR CONTINUED EMPLOYMENT WITH, OR SERVICE TO, CROWDSTRIKE, OR BEING A MEMBER OF SUCH A PERSON’S HOUSEHOLD. IF YOU ARE NO LONGER EMPLOYED BY, OR PROVIDING SERVICES TO CROWDSTRIKE (OR A MEMBER OF SUCH A PERSON’S HOUSEHOLD), THE LICENSE(S) HEREUNDER AUTOMATICALLY TERMINATES AND YOU MUST UNINSTALL THE SOFTWARE.
1. Updating the Terms. CrowdStrike may revise and update these Terms from time to time in our sole discretion. If we make material changes, we will notify you (by email if feasible or by means of a notice on a Website or via the Software) and request your consent when required. When accepted by you, the revised Terms automatically supersede the prior version. New Terms apply prospectively only. We encourage you to periodically review this page for the latest Terms. If you do not agree to any of the updated Terms, then uninstall the Software; your continued use of the Software following the update of revised Terms means that you accept and agree to the changes.
2. Your Privacy. Please read CrowdStrike’s Privacy Notice for Falcon Prevent for Home Use, which may be found here. The Privacy Notice for Falcon Prevent for Home Use is the only privacy notice that applies to your use of Falcon Prevent for Home Use in your personal capacity; the CrowdStrike.com privacy notice and the CrowdStrike employee privacy notice do not apply. You can click on the link or cut and paste the link into your browser to review the privacy notice. The CrowdStrike Privacy Notice for Falcon Prevent for Home Use describes the type of data our Software collects and how we use it.
Uninstalling the Software may be necessary to stop the collection and use of data. It is your sole responsibility to uninstall the Software when you no longer want it to operate and collect data on your device.
3. Your Authorization. You represent that you own or have a right of use from a third party, and control, directly or indirectly, the software, hardware and computer systems (collectively, “Systems”) where the Software will be installed by you. You authorize CrowdStrike to: (1) access the Systems through the Software, and (2) process and transmit data outside of your country of origin through the Software in accordance with these Terms and the Privacy Notice for Falcon Prevent for Home Use and as necessary to provide the Software and other services to you and other users in your household and (3) provide access to and use of the Software and the data collected by the Software (including personal data) to CrowdStrike.
4. Right to Use the Software. If you comply with these Terms (including the Rules below), CrowdStrike grants you the right to: install and run this Software solely for your and your household’s benefit during the period of time this Software is made available to you. We may terminate your license(s) at any time in our sole discretion. Your license(s) will automatically terminate upon the termination of your employment with, or services to, CrowdStrike; provided, however, these Terms continue for so long as the Software is installed on your devices.
5. Rules to Follow When Using the Software. When using the Software, you must follow these rules:
- Understand the laws that apply to you when using the Software and comply with the laws (don’t do anything illegal)
- Don’t transfer or give the Software to other people outside your home
- Don’t allow other people outside your home to use the Software
- Don’t alter, publicly display, translate, create derivative works of or otherwise modify the Software
- Don’t reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software (except to the extent that such prohibition is expressly precluded by applicable law and if you believe it is, send an email to legal@crowdstrike.com and explain why you need to take these actions)
- Don’t circumvent the Software’s functions, or attempt to gain unauthorized access to CrowdStrike’s hosted software or its related systems or networks
- Don’t use the Software to circumvent the security of another party’s network/information, develop malware or other unauthorized or illegal software
- Don’t remove or alter any copyright or ownership notice appearing on the Software
- Don’t conduct any stress tests, competitive benchmarking or analysis on, or publish any performance data of, the Software
- Don’t help others break these rules.
6. Ownership. CrowdStrike owns and retains all right, title and interest (including all intellectual property rights) in and to the Software. The Software is protected by U.S. and international laws and treaties. If you do not comply with these Terms or the law, you may be subject to fines or any other penalties allowed by the civil and criminal laws of the relevant jurisdiction. If you provide us any comments, information, opinions, or suggestions on the Software or CrowdStrike services, you acknowledge and agree that we may use them without restriction, for any purpose and without compensation to you.
7. SERVICES NOT INCLUDED. Your right to use the Software DOES NOT include any level of technical or customer support, availability, maintenance, updates, bug fixes, upgrades, or other services from CrowdStrike. CrowdStrike is not responsible for resolving detections of malware or suspicious or malicious activity, investigating or remediating breaches, or assisting with ransomware, on your devices. You are solely responsible for the installation, use, or removal of the Software and the back-up and maintenance of your devices.
8. Third Party Software. CrowdStrike uses certain third party software in its Software, including what is commonly referred to as open source software. Under some of these third party licenses, CrowdStrike is required to provide you with notice of the license terms and attribution to the third party. See the licensing terms and attributions for such third party software that CrowdStrike uses at: https://falcon.crowdstrike.com/opensource. You can click on the link or cut and paste the link into your browser to review.
9. No Warranty.
9.1 Disclaimer. THE SOFTWARE AND ALL OTHER CROWDSTRIKE OFFERINGS ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND. CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND ALL OTHER CROWDSTRIKE OFFERINGS. THERE IS NO WARRANTY THAT THE SOFTWARE OR ANY OTHER CROWDSTRIKE OFFERINGS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE SOFTWARE AND ALL OTHER CROWDSTRIKE OFFERINGS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. NEITHER THE SOFTWARE OR ANY OTHER CROWDSTRIKE OFFERINGS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY, OR PROPERTY DAMAGE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE SAFE USE OF THE SOFTWARE AND ANY OTHER CROWDSTRIKE OFFERING IN SUCH APPLICATIONS AND INSTALLATIONS. CROWDSTRIKE DOES NOT WARRANT ANY THIRD PARTY PRODUCTS OR SERVICES. NOTHING IN THIS PROVISION LIMITS REMEDIES PROVIDED BY APPLICABLE STATUTE WHICH ARE BY LAW NOT SUBJECT TO DISCLAIMER.
9.2 No Guarantee. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT CROWDSTRIKE DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, DISCOVER, PREVENT OR WARN OF, ALL OF YOUR SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, AND YOU WILL NOT HOLD CROWDSTRIKE RESPONSIBLE THEREFOR.
9.3 Back Up Your Data. IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO BACK-UP ALL DATA AND FILES ON YOUR ENDPOINTS SO THAT THEY CAN BE RESTORED IN THE EVENT OF A MALFUNCTION OF THE SOFTWARE OR AN ATTACK ON YOUR DATA OR ENDPOINT. WITHOUT SUCH A BACK-UP, IT MAY NOT BE POSSIBLE TO RESTORE THE DELETED, DESTROYED, OR MODIFIED DATA. CROWDSTRIKE WILL HAVE NO LIABILITY FOR LOSS OF, OR RECOVERY OF, DATA OR FILES OR LOSS OF USE OF SYSTEMS OR NETWORKS.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CROWDSTRIKE SHALL NOT BE LIABLE TO YOU (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) FOR: (A) ANY LOST PROFITS, REVENUE, OR SAVINGS, LOST BUSINESS OPPORTUNITIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CROWDSTRIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE; OR (B) AN AMOUNT THAT EXCEEDS IN THE AGGREGATE $100 PER HOUSEHOLD. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THESE TERMS. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION 10. NOTHING IN THIS PROVISION LIMITS REMEDIES PROVIDED BY APPLICABLE STATUTE WHICH BY LAW ARE NOT SUBJECT TO DISCLAIMER OR LIMITATION.
Additional Terms That May Apply. See Exhibit A for additional warranties that may apply to certain users.
11. BINDING ARBITRATION AND CLASS ACTION WAIVER ONLY IF YOU LIVE IN THE UNITED STATES
If you do not live in the United States, this Section 11 is not applicable to you.
11. Agreement to Arbitrate Disputes. Subject only to the Small Claims Court Option described below in this section, any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy, except disputes relating to the enforcement or validity of your, or CrowdStrike’s or CrowdStrike’s licensors’ intellectual property rights, by either you or CrowdStrike against the other arising from, relating to or in any way concerning these Terms or the Software (“Claim”) shall be resolved by confidential binding arbitration. This agreement to arbitrate includes, but is not limited to: (i) Claims relating to the enforceability or interpretation of these Terms, including any of these arbitration provisions; (ii) Claims by you, and also Claims made on your behalf or connected with you, such as a representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy; (iii) Claims that relate directly to CrowdStrike, and/or to our parent, affiliates, subsidiaries, successors, assignees, employees, and agents; and (iv) Claims that could have been asserted as part of a class action, private attorney general or other collective, consolidated, or representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed solely on an individual (non-class and non-representative) basis and the arbitrator shall have the authority to award relief only on an individual (non-class and non-representative) basis. YOU AND CROWDSTRIKE EACH AGREE THAT NO CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTIONS BE PURSUED IN COURT. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AND CROWDSTRIKE AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE OR CONSOLIDATED ACTION OF ANY KIND.
11.2 Mail a Notice of Dispute First. The party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating arbitration. When sent to us, notice should be sent to legal@crowdstrike.com or by US mail to CrowdStrike, 150 Mathilda Place, Third Floor, Sunnyvale, CA 94068 ATTN: LEGAL DEPARTMENT. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested (i.e. what you want). You and CrowdStrike will use reasonable efforts to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, you or CrowdStrike may commence Notwithstanding these notice obligations, any demand for arbitration must be made by you or CrowdStrike within the statute of limitations that is applicable to the Claim(s) upon which arbitration is sought or required. These notice obligations do not modify the statute of limitations that is applicable to any Claim(s).
11.3 Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either you or CrowdStrike, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. Subject only to the Small Claims Court Option for individual consumers described below, YOU AND CROWDSTRIKE ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN LITIGATION AS A PARTY OR CLASS MEMBER) ALL DISPUTES (other than intellectual property infringement) IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of these Terms, and the arbitration will be governed by the Commercial Arbitration Rules or Consumer Arbitration Rules of the AAA, as applicable, as modified by these Terms (the “Arbitration Rules”). For more information, see adr.org or call 1-800-778-7879. Except with respect to any claims or counterclaims seeking less than $25,000, the arbitrator will issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based. All arbitration proceedings will be conducted in English, and in the United States. FAA will govern the interpretation, enforcement, and proceedings pursuant to the binding arbitration clause in these Terms. The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and CrowdStrike further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award will determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and will not have any bearing on the rights and obligations of any other dispute.
11.4 Costs. The party initiating the arbitration will pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, CrowdStrike will reimburse your filing fee. CrowdStrike will pay the fees and costs for the first day of any hearing. All other fees and costs will be allocated in accordance with the arbitration rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party will bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
11.5 Small Claims Court Option. If you are an individual consumer, you may choose to sue us in small claims court in your county of residence or in Santa Clara County, California if you meet the court’s requirements.
11.6 Right to Resort to Provisional Remedies Preserved by CrowdStrike. Nothing herein will be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that we may elect to arbitrate any dispute related to such provisional remedies.
11.7 Conflicting Terms. In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement will govern. If any portion of this arbitration agreement is deemed invalid or unenforceable, it will not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration agreement will be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement will be null and void as to such claims only. This arbitration agreement will survive the termination or cancellation of your license and these Terms. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement will control.
11.8 WAIVER OF JURY TRIAL. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND CROWDSTRIKE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND CROWDSTRIKE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OR FROM ANY SOFTWARE OR SERVICES. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. This paragraph in no way invalidates the agreement to arbitrate Claims or disputes.
12. Governing Law. These Terms, and the rights and duties of the parties arising hereunder, shall be governed by, construed, and enforced in accordance with the laws of the State of California, excluding its conflicts-of-law principles UNLESS the law applicable to CrowdStrike regarding these Terms or the Software in your jurisdiction makes the selection of California law unenforceable and requires that your jurisdiction’s law govern these Terms. If that is the law that we are required to follow, then your jurisdiction’s law will govern these Terms. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply.
13. Export Control. You acknowledge and agree the Software shall not be used, transferred, or otherwise exported or re-exported to regions that the United States and/or the European Union maintains an embargo or comprehensive sanctions (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity subject to individual prohibitions (e.g., parties listed on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders) (collectively, “Designated Nationals”), without first obtaining all required authorizations from the U.S. government and any other applicable government. You represent and warrant that you are not located in, or under the control of, or a national or resident of, an Embargoed Country or Designated National.
14. Entire Agreement. These Terms constitute the entire agreement between you and CrowdStrike concerning the Software. It is expressly agreed that as between you and CrowdStrike and regarding the Software, these Terms shall supersede any other terms, understandings, or other communications between us, oral or written, regarding the Software. These Terms shall not be construed for or against any party to these Terms because that party or that party’s legal representative drafted any of its provisions.
15. Waiver, Severability & Amendments. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of any other provision or any subsequent breach. If any provision of these Terms is held to be illegal, invalid, or unenforceable, the provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions of these Terms will remain in full force and effect.
16. Who We Are and Contacting Us
We are CrowdStrike, Inc., a Delaware corporation and our affiliates to the extent they provide you the Software or process your data (all together we are “CrowdStrike”).
You can contact us at:
CrowdStrike
150 Mathilda Place
Sunnyvale, CA 94068
legal@crowdstrike.com
Or privacy@crowdstrike.com
Exhibit A
Additional or Different Terms That May Apply to Certain Software Users
A. For Australian Consumers Only.
A.1. For Software users that are consumers under the Australian Consumer Law, the following provisions apply.
The benefits of the warranty in Section 9 No Warranty of these Terms are in addition to any other rights and remedies in relation to the Software that Software user may be entitled to under Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
The warranties in these Terms are provided by CrowdStrike, Inc. at 150 Mathilda Place, Sunnyvale California, USA. To file a claim under this limited warranty, Software users must contact CrowdStrike at support@crowdstrike.com. CrowdStrike shall be responsible for any costs Software user incurs in making a warranty claim under these Terms.
A.2. For Software users that are consumers under the Australian Consumer Law, Section 10 Limitation of Liability shall be replaced in its entirety with the following:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CROWDSTRIKE SHALL NOT BE LIABLE TO SOFTWARE USER (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) FOR: (A) ANY LOST PROFITS, REVENUE, OR SAVINGS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CROWDSTRIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE; OR (B) AN AMOUNT THAT EXCEEDS $100 PER HOUSEHOLD. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THESE TERMS. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION A.2.
SECTION A.2 DOES NOT SEEK TO LIMIT OR EXCLUDE THE LIABILITY OF CROWDSTRIKE OR ITS AFFILIATES IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. TO THE EXTENT APPLICABLE, THIS PROVISION MUST BE READ SUBJECT TO THE AUSTRALIAN CONSUMER LAW.
B. For Software Users Outside the United States and Australia. Some countries, states and provinces, including member states of the European Economic Area, do not allow certain exclusions or limitations of liability, therefore, the exclusions or limitation of liabilities and disclaimers of warranties in these Terms may not fully apply to Software user if the laws directly applicable to CrowdStrike in the performance under these Terms do not allow such terms.
