HACKENPROOF TERMS AND CONDITIONS
Last Updated: 12 March 2018
This web page represents a legal document that serves as Terms and it governs the legal terms of this Website, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), which managed by Hacken OÜ, company, incorporated in the jurisdiction of the Estonia.
If you do not accept our Terms, do not access and use our Website.
If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The following capitalized terms shall have the following meanings as used in these Terms.
The terms “us” or “we” or “our” refers to Hacken OÜ, the company that manages the Hackenproof Platform and owns the Website.
The terms “you” or “yours” refers to all Users of Website.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
- “Hackenproof Platform” means vulnerability reporting and disclosure software platform.
- “Visitor” is someone who merely browses our Website, but has not registered as Сustomer or Researcher of the Hackenproof Platform.
- “Customer” is an individual that has registered with us as a Customer for using our Hackenproof Platform.
- Reseacher means the independent contractor of Hackenproof Platform who provides the services of vulnerability searching and testing.
- “Hacken Token” (hereinafter – “HKN” Token or “HKN” ) – an internal cryptographic ERC20 token which is used as the only payment tool allowed in the Hackenproof Platform and used to pay for the “Services” on the Hackenproof Platform.
- “Services” means the crowdsourced vulnerability searching and testing services performed by Researchers pursuant to Bug Bounty Program ordered by Customer.
- “Bug Bounty Program” means “Services” that the Customer ordered using the Hackenproof Platform.
- “Vulnerability Reports” means the list of vulnerabilities that have been identified by Researcher and list of instructions to reproduce the vulnerabilities made available to Customer through the Hackenproof Platform.
- “Confidential Information” means any confidential or proprietary business or technical information about a party related to the Program, including the content of Vulnerability Reports. Confidential Information does not include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party; (iii) is already in the possession the receiving party at the time of disclosure by the disclosing party; or (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality.
- “User” is a collective identifier that refers to all Visitors of our Website, include Customers and Researchers.
ABOUT HACKENPROOF PLATFORM
Hacken OÜ offers Hackenproof Platform to businesses which are interested at the securely crowdsource searching and testing of vulnerabilities in their software products.
Hacken OÜ conclude the Hackenproof Customer Agreement with businesses who then can order the Bug Bounty Program by posting an individually complied Scope using the Hackenproof Platform and in accordance with it the authorized Researchers provide their Services. Through the Hackenproof Platform, these Researchers have an access to the Customer's Scopes, can communicate with Customers and provide Services. Researchers may be eligible for “bug bounty fees” for the reported and resolved bugs, if the Vulnerability Reports were approved by the Customer. The payment tool allowed in the Hackenproof Platform is only HKN Token. Hacken OÜ administers the payment of monetary awards to Researchers for valid, eligible vulnerabilities.
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Hacken OÜ has no control over the legal documents and privacy practices of third party websites, as such, is not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assumes all risk arising from using of any third-party websites or resources.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Users acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication of any portion of our Website is strictly prohibited. We reserve all rights that are not expressly granted to you in this Agreement.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HACKEN OÜ. MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE. HACKEN OÜ, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. HACKEN OÜ DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND WHICH MAY BE AS RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HACKEN OÜ.
If you have a dispute with one or more Users with who you chatted through the Hackenproof Platform, you release us (and our directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Hacken OÜ reserves the right to change all Content and features of our Website, at any time without notice. While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Website may be temporarily unavailable from time to time for maintenance or other reasons.
MODIFICATION OF TERMS
LIMITATION OF LIABILITY
Hacken OÜ, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.
HACKEN OÜ AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HACKEN OÜ AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL HACKEN OÜ OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF HACKEN OÜ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HACKEN OÜ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.
Hacken OÜ understands that it may receive Confidential Information of Customer and Researcher, Customer understands that it may receive Confidential Information of Hacken OÜ and Researcher, Researcher understands that it may receive Confidential Information of Customer or Hacken OÜ. The receiving party agrees not to divulge to any third person any Confidential Information of another party and not to use any Confidential Information of another party for any purpose not contemplated by the Terms.
All disputes or claims arising out of or about these Terms or with respect of usage of this Website, including disputes relating to their validity, breach, termination or nullity, shall be referred to and finally resolved by arbitration under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by three arbitrators appointed in accordance with the said Vienna Rules. By using this Website, you give your consent on this arbitration clause.
The number of arbitrators shall be three, appointed in accordance with the said Vienna Rules.
The seat, or legal place, of arbitration shall be Vienna, Austria.
The language to be used in the arbitral proceedings shall be English.
The governing law of the Terms shall be the substantive law of England and Wales, the substantive law applicable to the arbitration agreement is English law.
The provisions on expedited proceedings (Article 45 Vienna Rules) may be applied.
Any claim against the Hacken OÜ arising out of or about the Terms shall be instituted within six months after the dispute arose or be forever waived and barred.
The Terms and any applicable executed order form that references the Terms constitute the entire and exclusive understanding and agreement between Hacken OÜ and Users, and supersede and replace all prior oral or written understandings or agreements between Hacken OÜ and Users.
Any notices or other communications provided by Hacken OÜ under the Terms, including those regarding modifications to the Terms, will be given via email or by posting to the Website.
Hacken OÜ’s failure to enforce any right or provision of the Terms will not be considered a waiver of such right or provision. Any such waiver will be effective only if in writing and signed by a duly authorized representative of Hacken OÜ. The rights of Hacken OÜ under this Terms shall survive the termination of Terms.
Hacken OÜ welcomes your feedback and inquiries. If you have any comments or questions, please contact us by sending an email to [email protected]