HACKENPROOF TERMS AND CONDITIONS

Last Updated: 12 March 2018

Please review the following Terms and Conditions (hereinafter – the “Terms”, “Terms of Use”) carefully. By accessing and interacting with the Website  https://hackenproof.com/ , you signify your agreement to these Terms.

INTRODUCTION

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.

The following Terms apply when you view or use the Website. For the Terms of Use applicable to your access to and use of the Hackenproof Bug Bounty Platform (hereinafter – the “Hackenproof Platform”), please refer to your Hackenproof Customer Agreement.

These Terms of Use include a release by all your claims for damage against of us that may arise out of your access to or use of this Website. By using our Website, you agree to fully comply with and be bound by our Terms.

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.

CERTAIN DEFINITIONS

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.

    PRIVACY POLICY

    Hacken OÜ respects the privacy of its Website visitors. Please refer to Hackenproof Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Website, you signify your agreement to this Privacy Policy.

    LEGAL COMPLIANCE

    You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Hacken OÜ reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate, including but not limited to canceling your Customer or Researcher account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

    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.

    INTELLECTUAL PROPERTY

    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.

    WARRANTY DISCLAIMER

    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

    We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Website from time to time to view any such changes. If you continue to access or use the Website, you signify your agreement to our revisions to these Terms of Use.

    INDEMNITY

    You agree to defend, indemnify and hold harmless Hacken OÜ, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of our Website and the Hackenproof Platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and your use of our Website and the Hackenproof Platform.

    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.

    CONFIDENTIAL INFORMATION

    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.

    DISPUTE RESOLUTION

    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.

    MISCELLANEOUS TERMS

    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.

    If any provision of the Terms is held to be invalid, prohibited or otherwise unenforceable by legal authority of competent jurisdiction, the other provisions of the Terms shall remain enforceable, and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms are assignable by Hacken OÜ, and will bind and inure to the benefit of the Parties, their successors and assigns. To the extent that any Content in our Website conflicts or is inconsistent with our Terms of Use, our Terms of Use shall take precedence.

    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.

    CONTACT INFORMATION

    Hacken OÜ welcomes your feedback and inquiries. If you have any comments or questions, please contact us by sending an email to  [email protected]