Individual Takedown - Terms and Conditions

Effective date: 1st April 2025
Last updated: 1st April 2025
  1. Overview
  2. Definitions
  3. Individual Takedown Service
    1. Request Submission and Evaluation
    2. Analyst Support and Communication
    3. Timeframe for Takedown Completion
    4. Success and Resources
    5. Refund Policy
    6. False Positives
    7. Payment Terms
    8. Liability
    9. Intellectual Property Rights
    10. SOC II Certification
    11. Others
    12. Governing Law
    13. Contact Information
    14. Modifications

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Important – please read these terms and conditions (“Terms and Conditions”) carefully. These Terms and Conditions set out your rights and obligations relating to the access and use of our website (“Site”) and/or the Services (as defined below). These Terms and Conditions constitute a legal agreement (“Agreement”) between you and PhishFort in connection with your access and use of our Site and/or the Services.

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  1. Overview

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PROTAKEDOWN PTE. LTD. T/A PhishFort’s (“PhishFort”) Individual Takedown service is designed to help individuals or businesses in removing unauthorized or harmful online content (the “Services”). Whether you’re dealing with phishing, trademark infringement, copyright violations, or similar issues, we assist in protecting users and employees across the internet and reducing threat presence. By using, accessing and/or submitting a request for (as may be applicable) our Site, and/or the Services, you agree to be bound by the following Terms and Conditions.

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The terms “we”, “us” and “our” refer to PhishFort. “You” refers to you, as a user of our Site and/or the Services.

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  1. Definitions:

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  • Takedown: The process of removing or restricting access to online content that is unauthorized, harmful, or infringes upon the rights of individuals or organizations.
  • Registrar: The platform or service provider responsible for managing domain name registrations, including keeping records and granting access to necessary domain information.
  • Analyst: A professional assigned to evaluate and manage the takedown request, performing necessary investigations, and coordinating with relevant parties to achieve removal.
  • Stripe: An online payment processing platform that facilitates payments for takedown services, processed via credit card transactions.
  • Loss: Includes any and all claims, losses (including indirect, consequential, special, exemplary, or punitive losses), liabilities, obligations or commitments of any nature, costs, damages, diminution in value, charges or expenses (including but not limited to all expenses of investigation and enforcement and all legal fees incurred or as taxed and other advisers' fees and expenses on a full indemnity basis), demands, actions, proceedings, or judgments howsoever arising.

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  1. Individual Takedown Service

By submitting a request for the Services, you agree to the following terms and conditions:

  1. Request Submission and Evaluation

To initiate the Takedown process, you must submit [through our Site] a detailed request [for the Services,] describing the incident (the “Request”). The Request will be deemed to be an offer to purchase the Service from us on these Terms, and is not binding until you are notified in writing by us. We reserve the right at all times to suspend and/or reject any Request, in whole or in part, at our sole discretion.

Upon receipt of the Request, an Analyst will evaluate whether the incident qualifies for a takedown. If deemed eligible, you will be notified and required to make upfront payment in full for the Services in accordance with our Payment Terms.

  1. Analyst Support and Communication

Upon confirmation of the upfront payment in full, an Analyst will be assigned to your Request. You shall promptly provide to the Analyst any information and/or details reasonably required by the Analyst in connection with your Request and/or the Services. You will receive ongoing updates regarding the status of your Request. We will endeavour to respond to any questions or concerns within 48 hours of receiving them, although this response time may vary depending on the complexities of a request.

  1. Timeframe for Takedown Completion

While we strive to complete the Services as promptly as possible, the time required to complete the Services may be influenced by external factors, such as response times from third parties or Registrars. The success and timing of a Takedown may depend on the quality of evidence provided and the responsiveness of external parties. 

  1. Success and Resources

You acknowledge and agree that (i) online content that is specified to be the subject of the Services is under third-party control and those third parties may resist any part or all of the Services; and/or (ii) the Services may not achieve the desired result.

The success of a Takedown may depend on the evidence provided. Providing accurate, detailed evidence will significantly enhance our ability to effectively manage the Request. You agree to provide all requested information to our analysts. 

An incident will be successful where we get certain content removed from a website (or modified), without getting the domain suspended.

The same applies to sinkhole cases and/or email cases where a specific address and not the domain may be disabled (depending on the details of the case).

  1. Refund Policy: No success and/or after 14 days evidence is provided

Subject always to Clause 3(f) below, if we have determined that a Takedown attempt is unsuccessful and/or after 14 days from the date of proper evidence is provided to initiate the takedown without a resolution even when Phishfort will continue the efforts to take down the threat with all its resources, the payment made in respect of such Takedown Request after deducting all Stripe processing fees (3.5% of the transaction for credit card payments) will be refunded. 

Refunds are expected to be processed within 24 to 48 hours upon confirmation, subject always to Stripe’s processing times and the payment method used. Please also note that the actual time for the refund to appear in your account may vary based on your payment method and the processing times of Stripe and your card provider. 

You may terminate the Request at any time. Any fees paid by you prior to such termination are non-refundable.

  1. False Positives

You undertake that you shall not submit false positives. If a false positive is identified, the case will be individually reviewed. 

If a case is found to be a false positive, a penalty fee may apply and/or you shall not be entitled to any refund of your original payment for the Takedown Request unless we determine otherwise in our sole discretion. For example, a partial refund of 50% (excluding Stripe fees) may be issued.

  1. Payment Terms

The standard cost for an Individual Takedown request is $500 USD. Additional charges may apply based on the specific needs of the case. Payment is required upfront before the Takedown process begins. No charges will be applied without prior written notice and mutual agreement.

  1. Liability

The Services are provided on an “as is” and “as available” basis without warranties of any kind. 

To the fullest extent permitted by law, (i) we do not make any representations or warranties of any kind whatsoever in relation to our Site and/or the Services, or any part thereof, and hereby disclaim all express, implied and/ or statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to any representations or warranties: as to the accuracy, completeness, correctness, currency, timelines, reliability, interoperability, security, non-infringement, title, merchantability, quality or fitness for any particular purpose of our Site and/or the Services, or any part thereof; and/or that our Site and/or the Services, any part thereof, or any functions or features associated therewith will be uninterrupted or error-free, or that defects will be corrected or that our Site and/or the Services and the servers used in connection therewith are and will be free of all viruses and/ or other malicious, destructive or corrupting code, programme or macro, and (ii) all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms and Conditions are excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, we disclaim any liability in relation to the same.

In no event shall PhishFort, or any of its directors, officers, employees, contractors, or agents (collectively, the “PhishFort Persons”) be liable for any Loss arising from or in connection with, the use of, or the inability to use, our Site and/or the Services. Without prejudice to the generality of the foregoing, in no event shall any PhishFort Persons be liable for: (aa) delays, suspensions, or failures in connection with the Services, including any delays in refunds or any delay in or failure of performance of the Services (including any failure to achieve any milestone or other date); (bb) any unauthorised access to or alteration of your transmissions or data; (cc) any decision made or action taken by you or any third party in reliance upon the Services; and/or (dd) any other matter relating to our Site and/or the Services. 

If, despite the limitations above, any PhishFort Person is found liable for any Loss arising out of or in connection with any of the occurrences described above, in no circumstances will the aggregate liability of the PhishFort Persons, whether in contract, tort or otherwise, for damages to you under these Terms and Conditions exceed $500 USD.

We reserve the right at all times to suspend, discontinue, disable, and/or terminate our Site and/or the Services, in whole or in part, at our sole discretion.

No delay, act or omission by you or us in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

  1. Intellectual Property Rights

PhishFort owns and retains all rights, title and interest in all of PhishFort’s intellectual property rights, including, without limitation: processes, inventions, marks, methods, software, compositions, formulae, ideas, concepts, techniques, code, discoveries, information and data (whether or not patentable, copyrightable or protectable in trade mark), and any trademarks, copyright or patents based thereon, and all of the source code, logos, technical information, images, content, text, graphics, and information relating to and/ or used on or by our Site and/or the Services (“IPR”). 

You acknowledge and agree that you have and shall have no right or interest in any of the IPR beyond a revocable, non-assignable, non-exclusive, personal, non-transferable, limited right to access and use our Site and/or the Services, subject to these Terms and Conditions. 

  1. SOC II Attestation

PhishFort uses its best endeavors to adhere to SOC II-certified policies to ensure the confidentiality and security of your information. 

  1. Others 

Each time you access our Site and/or the Services, you represent, warrant and undertake to us as follows: 

  1. you have full authority, power and capacity to enter into these Terms and Conditions and to perform your obligations hereunder; and 
  2. all the information you have provided us is true, accurate and complete and not misleading. 

You may use our Site and/or the Services solely for your own personal, non-commercial purposes, and shall not (whether through the use of our Site and/or the Services or otherwise): 

  1. send spam or otherwise duplicative or unsolicited messages; 
  2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
  3. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; 
  4. interfere with or disrupt the integrity or performance of our Site and/or the Services, or the data contained therein; 
  5. attempt to gain unauthorized access to our Site and/or the Services or its related systems or networks; 
  6. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; 
  7. violate any law or regulation or infringe other people’s intellectual property, privacy, publicity, or other legal rights; and/or
  8. take any action which is intended to, or could reasonably be expected to, have an adverse effect on PhishFort, our Site and/or the Services or any person associated therewith, including but not limited to any action which could reasonably be expected to lead to adverse publicity for PhishFort, our Site and/or the Services, or any person associated therewith.

You agree that we may contact you to obtain your feedback regarding our Site and/or the Services or for marketing and other purposes, and to assign to us all rights, title and interest in any feedback and provide us with any reasonable assistance necessary to document and maintain our rights in the feedback. This feedback may include oral or written comments or suggestions.

  1. Governing Law

These Terms and Conditions shall be governed by and construed according to the laws of Singapore. No third party shall have any right to enforce any provision of these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 2001 (Singapore) or under any applicable law. These Terms and Conditions shall not be construed against a purported drafter. 

All disputes or differences of any nature arising out of or in connection with these Terms and Conditions shall be submitted for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure in force for the time being. Any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 10 business days thereof. Unless otherwise agreed by the parties, the mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached. If mediation does not result in a settlement within 30 calendar days, parties agree to submit to the exclusive jurisdiction of the courts of Singapore.

  1. Contact Information

If you have any questions or require further information, please contact us at hello@phishfort.com. 

To expedite our response, please provide your incident ID, if applicable, so we can quickly identify and address your Request.

  1. Modifications

These Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding all matters involving the Services, and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between you and us regarding the same.

We endeavor to ensure that information on our Site is accurate and complete, but we cannot and do not guarantee that information on our Site will in fact be accurate and/ or complete.

We reserve the right, at our sole discretion, to change, modify or otherwise alter our Site, the Services and these Terms and Conditions at any time. We will post the revised Terms and Conditions on this page.

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Your continued use of our Site and/or the Services after such changes have been posted will constitute your agreement and acceptance of such changes, modifications and alterations.

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