Terms of Service

Last Updated: July 29, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "User"), and FalkGen ("we," "us," or "our"), concerning your access to and use of the FalkGen website, application, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. Our Privacy Policy is expressly incorporated by reference into these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and must discontinue use immediately.

2. Description of Service and Client-Side Architecture

The Service provides a proprietary, web-based software solution for secure password generation. Its security and privacy are architected on a client-side model. This means that all data processing, including the generation of passwords, occurs exclusively on your client-side device (i.e., in your web browser). No passwords or other sensitive information you generate are transmitted to our servers. We have no technical means to access, view, or store your generated passwords.

3. Disclaimer Regarding Password Strength Analysis

The Service may include a password strength analysis feature, which provides ratings, labels (e.g., "Quantum-Proof"), or other scoring mechanisms ("Strength Analysis"). You acknowledge and agree that any such Strength Analysis is provided solely for informational and illustrative purposes. These features are not, and shall not be construed as, a warranty or guarantee of the impenetrability, security, or invulnerability of any password. The analysis is predicated on client-side computational models and inherently cannot account for the full spectrum of real-world attack vectors, such as social engineering, phishing, malware, or compromised credentials on other services. Your reliance on the Strength Analysis is strictly at your own risk. The User bears sole responsibility for determining the suitability of any generated password for their intended use.

4. User Responsibilities

By using the Service, you agree to the following responsibilities:

  • Lawful Use: You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Service by any third party.
  • Security of Generated Passwords: You are solely and exclusively responsible for the secure storage and management of any passwords you generate using the Service. Since we do not store this data, we cannot help you recover it if you lose it.
  • Local Device Security: You are responsible for ensuring the security of the devices, browsers, and networks you use to access the Service.

5. Intellectual Property and License to Use

The Service, including its source code, databases, functionality, software, website designs, text, graphics, and the trademarks and logos contained therein ("Content"), is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. Certain components used within the Service are subject to open-source licenses (e.g., MIT), and their use is governed by the terms of those licenses. Except as expressly permitted by an applicable open-source license or with our express prior written permission, no part of the Service or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.

6. Acceptable Use Policy

You agree not to use the Service for any purpose that is prohibited by these Terms or by law. You will not (and will not permit any third party to):

  • Engage in any activity that is illegal, fraudulent, or harmful.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying architecture of the Service.
  • Introduce any viruses, trojan horses, worms, or other malicious code into the Service.
  • Attempt to gain unauthorized access to our systems or data.
  • Use any automated system, such as a robot or scraper, to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
  • Interfere with or disrupt the integrity or performance of the Service.

7. Third-Party Services Disclaimer

The Service may rely on third-party services (e.g., cloud infrastructure providers for hosting the website). Your use of the Service constitutes an acknowledgment that we are not responsible or liable for the actions, content, or data handling practices of any third-party service.

8. Regulatory Compliance Disclaimer

The Service is a general-purpose security tool. It is not intended for use by entities or individuals subject to specific regulatory data protection obligations under laws such as the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR), or the California Consumer Privacy Act (CCPA) with respect to the data you generate. You are solely responsible for determining whether your use of the Service is appropriate for your needs and complies with all applicable laws and regulations.

9. Termination of Use

We reserve the right, in our sole discretion, to suspend or terminate your access to the Service without notice or liability, for any reason, including if we believe you have breached these Terms. Upon termination, your right to use the Service will immediately cease.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Assumption of Risk

You acknowledge and agree that by using a client-side service, you assume the full and exclusive risk for the management of the data you generate. The ultimate security of your generated passwords depends on your personal security practices (e.g., where you store them) and the security of your local device environment, for which we disclaim all responsibility and liability.

13. Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) your breach of these Terms; or (3) your violation of the rights of a third party.

14. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

14.1. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

14.2. Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration in Travis County, Texas, before one arbitrator. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.

14.3. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

15. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond our reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemics or pandemics, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services. We shall use reasonable efforts to resume performance as soon as practicable under the circumstances.

16. General Provisions

  • Entire Agreement: These Terms and any policies posted by us on the Service constitute the entire agreement between you and us.
  • Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced to the fullest extent under law.
  • Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign any or all of our rights and obligations to others at any time.

17. Contact Us

For any questions regarding these Terms, please contact us through the official support channels provided on the FalkGen website.

18. Changes to These Terms

We reserve the right to update, modify, or replace these Terms at any time, at our sole discretion. If we make material changes, we will post the revised Terms on this page and update the “Last Updated” date above. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree with the updated Terms, you must stop using the Service.