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Terms of Use

Version 4.41

Effective date: October 2, 2026

Governing law: Arizona

These Terms of Use (these "Terms") govern your access to and use of kingfisher-defense.com and any pages, forms, materials and content made available through it (together, the "Site"). The Site is operated by Kingfisher Inc., doing business as Kingfisher Defense ("Kingfisher Defense," "we," "us," or "our"). "You" means the individual accessing or using the Site and, where that individual acts on behalf of an organization, that organization.

1. Acceptance of These Terms

By accessing or using the Site, you agree to these Terms. Our Privacy Policy describes how we collect, use and disclose information through the Site. If you do not agree, do not use the Site. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms for that organization.

These Terms do not govern the purchase, licensing, deployment or use of any Kingfisher Defense product or service. Those matters are governed exclusively by the applicable written agreement between Kingfisher Defense and the customer. Where such an agreement conflicts with these Terms, that agreement controls.

2. Use of the Site

The Site is intended for professional and organizational users. You may access and use the Site, and view and print a reasonable number of copies of its content, solely for your internal informational purposes, subject to these Terms.

You are responsible for the accuracy of any information you submit through a form on the Site. Requesting an evaluation, demonstration or other material does not create a customer relationship, a contract for products or services, or any obligation on Kingfisher Defense to provide them.

3. Informational Content; No Warranty

The content on the Site, including threat explanations, product descriptions and answers from Hal, our AI website assistant (together, "Informational Content"), is provided for general informational purposes only. Hal's answers are generated automatically by third-party AI service providers we select, which may include, but are not limited to, Amazon Web Services, Cloudflare and Microsoft, and may change from time to time without notice. Hal's answers may be incomplete or wrong; confirm anything important with our team. Informational Content is not legal, regulatory, technical or security advice, and it is not an offer, specification or commitment regarding any product or service. Product capabilities, availability and terms are set only in the applicable written agreement. Active capabilities are subject to the requirements described on our Approved Use page.

THE SITE AND ALL INFORMATIONAL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, KINGFISHER DEFENSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

4. Intellectual Property

The Site and its content, including text, reports, graphics, logos, designs and the names "Kingfisher," "Kingfisher Watch" and "Kingfisher Defense" (together, the "Kingfisher Materials"), are owned by or licensed to Kingfisher Defense and are protected by copyright, trademark and other intellectual-property laws. Except for the limited use permitted in Section 2, no right, title or license in the Kingfisher Materials is granted to you, whether by implication, estoppel or otherwise.

You may not reproduce, distribute, modify, create derivative works from, publicly display or commercially exploit any Kingfisher Materials without our prior written permission. You may quote brief excerpts of Site content with clear attribution to Kingfisher Defense. You may not use our names or logos in a manner that suggests sponsorship, endorsement or affiliation without our prior written permission.

5. Prohibited Uses

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

  • use the Site in violation of any applicable law or regulation;
  • submit false, misleading or impersonating information through any form on the Site;
  • attempt to gain unauthorized access to the Site or its systems, or bypass any access control, rate limit or security measure;
  • probe, scan or test the vulnerability of the Site, or interfere with its operation, including by introducing malware or imposing an unreasonable load;
  • use bots, scrapers or other automated means to access, collect or copy content from the Site, except for standard search-engine indexing;
  • attempt to make Hal ignore its rules, reveal its instructions or produce content it is not designed to provide; or
  • use the Site or its content to develop a competing product or service.

We may suspend or block access to the Site, or decline any request, at our discretion and without notice, including where we believe these Terms have been violated.

The Site may contain links to third-party websites, including public sources we cite. Those websites are not under our control. A link does not mean that we endorse, sponsor or are affiliated with the linked website or its operator, and we are not responsible for its content, availability or practices. Your use of a third-party website is subject to that website's own terms and policies.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KINGFISHER DEFENSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATIONAL CONTENT OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, KINGFISHER DEFENSE'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

8. Text Messages (SMS Program)

Kingfisher Defense sends text messages (the "SMS Program") only to Kingfisher Defense staff members who have opted in. We do not send marketing or promotional text messages to customers or Site visitors.

  • Who and what. Staff members who opt in receive work alerts about overdue tasks in the Kingfisher CMS, such as pending reviews and approvals, aging content and translation work.
  • Opt-in. Staff opt in by entering a U.S. mobile number and checking an unchecked consent box in the Kingfisher CMS admin console. Consent is optional and is never a condition of employment. A staff member who does not opt in receives the same alerts by email.
  • Frequency and cost. Message frequency varies. Message and data rates may apply.
  • Opting out and help. Reply STOP to cancel at any time. Reply HELP for help. Support is available at [email protected] or (480) 757-7733.
  • Carriers. Mobile carriers are not liable for delayed or undelivered messages.
  • Eligibility. The SMS Program is available for U.S. mobile numbers only.
  • Privacy. Information collected through the SMS Program is handled as described in our Privacy Policy.

9. Export Controls and Sanctions

Some Kingfisher Defense products, software and technical information may be, or may become, subject to U.S. export-control and sanctions laws, including the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR) and sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). Nothing on the Site is an export classification or a determination that any product or information is or is not controlled.

You agree not to access, download, export, re-export or transfer any material from the Site in violation of those laws, and not to use the Site if you are located in a country subject to comprehensive U.S. sanctions or are listed on a U.S. government restricted-party list. Where those laws apply, we may limit, delay or decline access to material, products or services, including requests from outside the United States, and may ask for information needed to comply. Any export, transfer or sale of a Kingfisher Defense product is governed by the applicable written agreement and by the laws that apply at that time.

10. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws provisions. Any dispute arising out of or relating to the Site or these Terms will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts. This does not limit any right you hold under the mandatory law of your own state or country.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and change the effective date at the top. Your continued use of the Site after the updated Terms are posted means you accept them.

12. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of it. These Terms are the entire agreement between you and Kingfisher Defense regarding your use of the Site, except as otherwise provided in a separate written agreement. Our Privacy Policy separately describes our data practices.

13. Contact

For questions about these Terms, email [email protected], or use any form on our Contact page and describe the request in the text box.