Terms and Conditions

Terms and Conditions HackenProof

Last updated: 25 May 2023

Please read these Terms and Conditions (“Terms”) carefully before using our website https://hackenproof.com (“HackenProof”).

These Terms contain essential information about your legal rights and obligations. If you disagree with these Terms, please do not continue using HackenProof and delete your account (“Account”).

HackenProof is operated by Hacken OÜ (“Hacken” or “we”).

Our Privacy Notice describes our collection and use of personal data connected to your access to and use of HackenProof.

If you have any questions or comments about these Terms, please contact us

Entire agreement

These Terms and any operating rules and policies posted on HackenProof, including Privacy Notice , constitute the entire legally binding agreement and understanding between Hacken and our users (“you” or “user”), governing your access to and use of HackenProof.

By registering on HackenProof, you declare and warrant that:

• you have full legal capacity, which means you have reached 18 years or other relevant age and are not restricted otherwise;
• you are entitled to represent the company on behalf of which you are registering the Account, if you do so;
• you have read, understand, and with this agree to be legally bound by these Terms in full;
• you comply with these Terms and all applicable laws and regulations.

HackenProof Service

HackenProof is a platform for cybersecurity services provision.

You can use HackenProof either as a company (“Company”), looking for cybersecurity services or as a researcher (“Hacker”), helping Companies to detect the vulnerabilities of their products for the reward.

Account

To start using HackenProof, you have to create an Account. You can register either as a Company or a Hacker.

Create the Hacker’s Account to provide cybersecurity services through HackenProof and receive fair rewards. You are not obliged to use your real name during the registration.

To fulfil our legal obligations, including Anti-Money Laundering and Combating the Financing of Terrorism regulations, we may request your documents and ask you to pass other procedures before letting you participate in private bug bounty programs.

Create the Company’s Account, contact us , and sign an agreement to enjoy the cybersecurity services by Hacken, provided with the involvement of the Hackers from HackenProof.

Pay attention to the fact that by registering the Company’s Account on HackenProof, you declare and warrant that you are entitled to represent the Company.

If you lose access to the Account, you can restore it using the email, which you have indicated during the registration process.

To irreversibly terminate your Account, please contact us We will delete your Account within a reasonable period.

Terms for the Companies

We can refuse to provide our services to a Company at our sole discretion.

Hacken does not cooperate with the Companies, which:

• do not reveal to the public their teams;
• are involved or suspected by Hacken to be involved in any illegal activity (including child pornography, financial fraud, financing of terrorism, money laundering, and corruption);
• are involved or suspected to be involved in promoting racism, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty;
• are included in the sanction lists of the USA, EU, Ukraine, World Bank, and others;
• are incorporated in the Russian Federation or have the majority of the shareholders, which are the residents of the Russian Federation;
• have any shareholders, which are the residents of the Russian Federation and have not condemned Russian aggression against Ukraine;
• have supported or financed Russian aggression against Ukraine;
• are not allowed to work with due to the conflict of the interests.

The terms of the provision of the services to the Company shall be established by a separate written agreement between the Company and Hacken.

Any separate agreement between the Company and Hacken shall prevail over the Terms in case of any discrepancy.

Any violation of the Terms shall entitle Hacken to unilaterally terminate any agreements between the Company and Hacken.

Terms for the Hackers

Hackers can take part in the bug bounty programs for the Companies.

To take part in a bug bounty program, find one on HackenProof, detect an in-scope vulnerability, and submit a report (“Vulnerability Report”) under the rules indicated in the “Program info”. Any rules for the bug bounty program shall be part of the Terms, and you agree to them by submitting the Vulnerability Report.

Hacken will verify each report with the involvement of its own triage team (“Triage Team”) or the Triage Team of the Company, which has requested the Vulnerability Report.

Triage Team decides on the approval of the Vulnerability Report at its own discretion and may refuse to approve the Vulnerability Report due to the following reasons:

• Vulnerability Report is not valid, or it’s not connected with the security of the software product;
• Vulnerability Report has no valid security issue;
• Vulnerability Report on the same issue has already been submitted;
• Vulnerabilities are not within the scope or are not connected with targets.

If the Triage Team approves the Vulnerability Report, the Triage Team shall determine the severity of the issue and the size of the reward according to the bug bounty program rules.

Once your Vulnerability Report has been approved, we will pay you a reward in a reasonable term. Hacken will do its best to comply with the time limits indicated in the “Program info” of the bug bounty program, but cannot guarantee it.

The reward will be accrued to your Account in USDT (TRC-20). You can withdraw funds from your balance to your wallet in the amount of not less than 100 USDT.

Payments are processed at different times of the day, and the expected retrieval time of your funds is no more than 48 hours.

Prohibited actions for the Hackers

In connection with the cybersecurity services, the Hackers shall never:

• misuse or disclose a discovered vulnerability;
• exploit more than necessary to demonstrate that there is a vulnerability in the system;
• mention to third parties the Companies the Hacker takes part in the bug bounty programs for;
• publicate in social media, mass media, etc., non-public bug bounty program rules;
• publicly discuss the vulnerabilities found and the reward received for them;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• install or distribute malware, viruses or any other technologies that may harm the interests or property of the Company or any third party;
• change or remove any data or parameters;
• make use of techniques such as (Distributed) Denial of Service attacks (DoSor DDoS), social engineering and/or techniques that are mentioned in the out of scope section of a particular project;
• use malicious techniques such as brute password guessing, theft of passwords, scanning of systems, phishing, etc.;
• obtain data and publish/communicate or misuse data that was acquired.

In general, the Hacker shall always make sure that the Hacker does not intervene with the effective functioning of the system and must mitigate any harm.

The Hacker may never share or disclose information collected during your cybersecurity services provision process with any third parties.

The Hackers agree:

• not to make any false, misleading, defamatory or disparaging statements about Companies, Hacken (their subsidiaries, directors, partners, employees, contractors, or agents), HackenProof or other Hackers whether written, spoken or through any other means;
• not to engage in any conduct that could harm the reputation, goodwill, or business interests of Companies, Hacken (their subsidiaries, directors, partners, employees, contractors, or agents).

In case the Hackers do not follow these Terms or the bug bounty program rules, the Company has the right not to pay the reward.

Intellectual property

HackenProof is owned and controlled by Hacken.

All materials of HackenProof, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (collectively, “Content”), as well as copyright and other intellectual property rights to such Content belong to Hacken or is included in HackenProof with the consent of the owner.

Subject to your compliance with these Terms, Hacken with this grants you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to access and use the Content on the device(s) that you lawfully own or control in the manner provided for in these Terms.

Under this license, you may not:

• sell, lease, rent, license, sublicense or otherwise distribute HackenProof software;
• write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of HackenProof software, and its updates;
• provide, disclose, divulge or make available to, or permit the use of HackenProof software by any third party without Hacken’s prior written consent;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Hacken or any of Hacken's providers or any other third party (including another user) to protect HackenProof.

You are not allowed to use the Content or any of its elements in any way not provided for in these Terms without the prior written permission of Hacken or the owners of the Content.

Any attempt to do so is considered a violation of these Terms and the rights of Hacken. If you violate any of these restrictions, your use of HackenProof will be reviewed and terminated, and you may be subject to legal actions and damages.

If you download or copy the Content, no right, title, or interest in any downloaded or copied Content is transferred to you due to any such downloading or copying. You are not allowed to reproduce, publish, transmit, distribute, modify, create derivative works, or otherwise use the Content for commercial or illegal purposes without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from HackenProof.

You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

Your license to use HackenProof is automatically revoked if you violate these Terms. We reserve all rights not expressly granted in these Terms.

Third-party websites and services

Some HackenProof features are available in compatibility with third-party services. We cannot guarantee that any currently supported third-party services will remain compatible with HackenProof and that all features are constantly available and uninterrupted.

You can visit third-party websites, which we do not control, using HackenProof. We are not responsible for the content of such websites. We cannot guarantee that all the websites are compatible with HackenProof software, all features are constantly available and uninterrupted, or that you will have access to the website.

Hacken reserves the right to block any user’s access to any content, website, or web page at our sole discretion.

You acknowledge that different terms of service and privacy policies may apply to your use of third-party websites, services, and content. Hacken shall not be held responsible for any losses, damages, or other liabilities incurred due to your interaction with those third-party websites and services.

Warranties and disclaimers

Hacken warrants that HackenProof will perform substantially according to its documentation within the period of your license. Hacken disclaims all other warranties regarding HackenProof, its features, and content, to the fullest extent permitted by law, including without restrictions, guarantees of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights of third parties or other rights.

Hacken may provide updates to HackenProof from time to time that you have to install to continue using HackenProof. You agree that we may cease to be available to your data without any notice after an update or without such.

We do our best to keep your data safe and secure and maintain HackenProof’s functionality. However, HackenProof may be subject to unavailability for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited, or curtailed.

We are not responsible for data loss or the inability to use passwords or other information for login or identification.

We are not making any promises of any kind, including HackenProof’s and Сontent’s accuracy, usefulness, reliability, and correct operation.

Hacken does not guarantee that HackenProof will be uninterrupted or secure, that any defects will be corrected, or that HackenProof is free of viruses or anything harmful.

Limitation of liability

Hacken is not responsible if any information, quotes, materials, or content available through HackenProof is inaccurate or incomplete.

You are solely responsible for the legality of your actions within HackenProof and your use under the laws and regulations applicable to you.

In no event shall Hacken, its subsidiaries, directors, partners, employees, contractors, or agents be liable for indirect, incidental, special, punitive, or consequential damages related to any use or inability to use HackenProof, including, without limitation, any damages, caused as a result of the use of the information provided through HackenProof, or by mistakes, omissions, interruptions, defects, viruses, even if Hacken has been advised of the possibility of such damages.

The preceding limitations of liability do not apply to the extent prohibited by law.

If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the total amount of payments made by Hacken to you within one year preceding the claim.

Indemnification

You agree to defend, indemnify and hold harmless Hacken, our subsidiaries, directors, partners, employees, contractors, and agents from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

• any breach by you of any of these Terms;
• your use/misuse of HackenProof or resources subject to bug bounty programs;
• a violation by you of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defence; however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us, so we execute our strategy.

Applicable law and jurisdiction

Except as otherwise outlined in these Terms or any policies, these Terms shall be exclusively governed by and construed under the laws of Estonia, excluding its rules on conflict of laws.

If any material on HackenProof, or your use of HackenProof, is contrary to the laws of the place where you are when you access it, HackenProof is not intended for you, and we ask you not to use it. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to HackenProof or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability shall be resolved through amicable negotiations directly with Hacken team following the principles of good faith and cooperation.

Suppose the negotiations may not reach a consensus. In that case, the dispute shall be settled exclusively in the national courts of Estonia subject to its jurisdiction rules, with the applicable substantive law of Estonia.

Electronic communications

By using HackenProof and providing us with your contact information, you understand and agree that we may send you the electronic communications via email or push notifications regarding, without limitation:

• your use of HackenProof;
• updates of HackenProof and these Terms.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers in which we believe you may be interested. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

You can read more about the practices of personal data processing in our Privacy Notice .

Termination

Termination by us

At any time, we reserve the right at our sole discretion with prior notice to modify, suspend or discontinue HackenProof, the Content, features or offers through HackenProof. You agree that we shall not be liable to you or any third party should any preceding occur concerning HackenProof.

Hacken reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to HackenProof.

Hacken may cooperate with legal authorities and/or third parties to investigate any suspected or alleged crime or civil wrong.

Termination by you

You may terminate this agreement with Hacken at any time by deleting and no longer accessing or using HackenProof.

If you terminate this agreement, all permissions and licenses granted to you in these Terms will immediately terminate, Hacken will be entitled to terminate any separate agreement between Hacken and you unilaterally, and you will lose access to your Hacker’s balance.

Pay attention, that we will not make any payments after the deletion of the Account. We recommend you wait for the response to the Vulnerability Reports submitted by you and withdraw all the funds on your Hacker’s Account prior to the deletion of the Account.

Other terms

We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations.

At any time at our sole discretion, we reserve the right to modify these Terms. If material changes affect your use of HackenProof, we’ll notify you before the changes’ effective date by emailing you. If you continue to use HackenProof, you agree to the updated version of these Terms.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of HackenProof to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions and contact information

If you have any questions or comments about these Terms or HackenProof, please contact us at:

Email: [email protected]

Address: Harju maakond, Tallinn, Kesklinna linnaosa, Parda tn 4, 10151, Estonia