Terms of Service

1. Available Subscriptions

We grant access to use our Platform and Services to authorized individuals and businesses only.

2. Subscription Grant

When you subscribe to our Services, we grant to you, for the term of the subscription and any renewal periods, a non-transferable, non-exclusive license to (a) access, use, display, and run our Platform and Services for your internal business use only, and (b) use, display, and make copies of any documentation about our Platform and Services for your internal business use only.

3. Restrictions

You may not share, rent, resell, lease, sublicense, or otherwise permit any third party to access, use, display, or run the Services, unless otherwise requested by you in writing, and approved by us in writing. The Services and the underlying Platform can contain our intellectual property and trade secrets (“Proprietary Information”) and in order to protect that Proprietary Information, you agree not to take any action to reverse engineer, compile, translate, disassemble, copy, or create derivative works of the services and of the platform, in whole or in part, nor to grant any access by third party to do so, nor to permit any third party to do so.

4. Service Packages

We make available service packages to our subscribers, and present those packages to the subscribers on as-requested basis.

5. Subscription Period; Payments

Unless otherwise specified by us, service subscriptions commence immediately when you first subscribe and receive approval for access to our Services and expire thirty (30) days thereafter. Unless otherwise specified by us, upon expiration of any subscription period, you will be automatically charged for an additional renewal period and upon receipt of the applicable subscription fee, your subscription will renew for an additional subscription period. If we are unable to charge your payment method for additional renewal period, your access to our Services may be suspended and/or terminated at our discretion. All payments are non-refundable.

6. Chargebacks

In the event of any chargeback or services fee reversal, we reserve the right to take all necessary measures to collect the charged back subscription payment.

7. Upgrades Or Downgrades

In the event that you upgrade or downgrade your service package at any time, your new service package will be effective immediately and your subscription fee for the applicable subscription period will be pro-rated in accordance with the number of days billed for each service package.

8. Cancellation

You may cancel your subscription at any time without notice through a written request via contact information below. We also reserve the right to cancel your subscription at any time without notice for any reason we deem appropriate, or in the event that you materially breach any term or condition of our Privacy Policy, Terms of Service or Terms of Use. All cancellations will be effective immediately. For the avoidance of doubt, we do not provide refunds of pro-rated subscription fees in the event of cancellation for any reason.

9. Dormant Accounts

We reserve the right to delete the data of any registered user who has not maintained an active subscription during the last thirty (30) days.

10. Security

Due to the nature of security, we cannot and do not provide any guarantees that your technology infrastructure or business elements will be completely secure and impervious to malicious threats, or attacks, or that third parties will be unable to defeat in-place protection mechanisms of your website, infrastructure, or business elements. You acknowledge and agree that our Services cannot provide One Hundred Percent (100%) detection or identification of security weaknesses or vulnerabilities applicable to your website, network, systems, data, and business elements, and that you assume all such risks in your use of our Platform and Services.

11. Subscriber Responsibilities

You acknowledge and agree that you are solely responsible for monitoring all testing processes that are initiated and/or executed using our Platform and/or Services.

12. Consequential Damages; Limitation Of Liability

You agree that Company, the Platform, the Services, and its officers, employees, independent contractors, agents, or representatives will not be liable to you for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, losses, costs, or expenses, arising out of or in connection with the use of the Platform or Services, including but not limited to damages for loss of profits, loss or damage of goodwill, loss of use, loss of data or use of data, or other intangible losses (even if we have been advised of the possibility of such damages). In particular, we will not be liable for your use or inability to use the Platform or Services; any destruction, damage, taking, unavailability, or other loss of your system, server, or data; the cost to procure any substitute service; any unauthorized access or use of your account; or any third party conduct related to the Platform or Services.

Our liability to you shall in no event exceed the total aggregate amount of all fees that you paid to us, if any, in the twelve (12) month period immediately preceding the event from which arose the claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

13. Subscriber Warranties

If you are an authorized individual subscriber or business subscriber, you warrant and represent that you have obtained the prior written authorization to use our Services from your internet service provider and/or your datacenter, hosting facility, website services provider, website host, and all other applicable parties as required or requested by any such party or by us. If you are an IT business subscriber, having received prior approval from us, are intending to use the Services as a services provider or reseller, you warrant and represent that you have obtained prior written authorization to use our Services from the authorized decision-maker of each client business with which you intend to use or have used our Services and Platform.

14. Platform And Services Warranties; Disclaimer

We warrant and represent that our Platform and Services will exercise commercially reasonable efforts to detect weaknesses within your technology infrastructure and business elements, as applicable, which are then-existing at the point in time when the testing processes are conducted.

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR RESPONSIBILITIES REGARDING (A) THE AVAILABILITY OR PERFORMANCE OF YOUR WEBSITE OR WEB SERVER AND YOUR ABILITY TO CONDUCT REGULAR BUSINESS WHILE YOU ARE RUNNING A SCAN ON YOUR WEBSITE, WEB SERVER, OR IP ADDRESS; (B) THE RELIABILITY, ACCURACY, COMPLETENESS, OR EFFICACY OF ANY TESTING PROCESSES AND TESTING RESULTS; (C) THE AMOUNT OF TIME AND/OR BANDWIDTH THAT A SCAN WILL CONSUME AND ANY COSTS THAT YOU WILL INCUR FROM YOUR NETWORK PROVIDER OR HOST AS A RESULT OF RUNNING A SCAN; (D) THE PROPER FUNCTIONING OF THE SITE SEAL WILL ON YOUR WEBSITE, FREE OF VIRUSES, ERRORS, DEFECTS, OR OTHER TECHNICAL PROBLEMS; (E) ANY SUSPENSION OF YOUR WEB HOSTING OR NETWORK SERVICES AS A RESULT OF ANY FAILURE BY YOU TO OBTAIN ADVANCE PERMISSION FROM THE APPLICABLE SERVICE PROVIDER TO USE AND RUN OUR SERVICES; (F) ANY CLAIMS BY A CLIENT ARISING FROM YOUR FAILURE TO OBTAIN ADVANCE PERMISSION TO USE AND RUN OUR SERVICES; AND (G) ANY VULNERABILITIES OR WEAKNESSES ARISING ANY TIME AFTER THE SCAN IS CONCLUDED.

15. Release Of Claims

To the maximum extent permitted by applicable law, you hereby release and waive any and all claims against Company, the Platform, and the Services our network service providers, and our collective directors, officers, members, managers, affiliates, employees, independent contractors, representatives, agents, licensees, licensors, and attorneys from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to Company, our Platform, and our Services.

If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

16. Indemnification

By using our Platform and/or Services, you agree to indemnify, defend, and hold harmless the Company and our network service providers, as well as our collective officers, members, managers, employees, independent contractors, representatives, agents, affiliates, attorneys, licensors, and other subscribers (the “Indemnified Parties”) against any liability, cost, judgment expense, penalty, damages, judgments, settlement, or attorneys fees arising as a result of (a) a third party claim related to your use of the Platform and Services, or any act or omission thereto and (b) any violation of these Terms of Service. You agree to pay and all damages awarded against the Indemnified Parties immediately upon such the determination of such an award (whether or not any appeal is available or taken), plus any and all of the Indemnified Parties’ expenses and costs (including their reasonable attorneys fees) related thereto.

17. Miscellaneous

We reserve the right to discontinue our Platform and Services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter of the subscription to use our Platform and Services as set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.

18. Governing Law; Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of law principles. All disputes arising under these Terms of Service shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Cook County, Illinois by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

19. Contact Us

In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Platform or Services, please notify us at the contact information listed below:

Attn:
Inquiries
Hackproof Security, LLC.
support{at}hackproof{dot}com

20. Effective And Last Modification Date

These Terms of Service were established on the 01st of May, 2012
These Terms of Service were last modified on the 7th of June, 2015.