HACKENPROOF TERMS AND CONDITIONS
Last Updated: 26 December 2017
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”), as owned and operated by Gretto Group Ltd., company, incorporated in the jurisdiction of the British Virgin Islands.
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 Gretto Group Ltd., the owner of 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”.
- “Visitor” is someone who merely browses our Website, but has not registered as Member.
- "Customer" is an individual that has registered with us as a Customer for using our Hackenproof Services to receive Vulnerability Reports.
- "Finder" means an individual or entity using the Hackenproof to provide Vulnerability Reports.
- “Hacken Token” (hereinafter – “HKN” Token or “HKN” ) – an internal cryptographic ERC20 token which use as the only payment tool allowed in the Hackenproof
- "Program" means the security initiative(s) for which a Customer desires to receive Vulnerability Reports from Finders, which a Customer posts to the HackenProof.
- "Vulnerability Reports" means bug reports or other vulnerability information, in text, graphics, image, software, works of authorship of any kind, and information or other material that Finders provide or otherwise made available through the Hackenproof to a Customer resulting from participation in a Program.
- "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 Finders.
Gretto Group Ltd. offers Hackenproof to businesses seeking to securely crowdsource vulnerability testing of their websites by allowing volunteer members of the public (who have registered and been approved as a “Finder”) to identify and report software bugs.
Gretto Group Ltd. conclude an Agreement with businesses who then post requests seeking registered Finders to identify vulnerabilities in one or more of the company’s products on Hackenproof. Through the Hackenproof, these Finders can access posted research projects, communicate with Customers and other Finders about the projects, and test for vulnerabilities on customer-provided test environments or products. Finders may be eligible for “bug bounties”, or awards if they meet the eligibility criteria. The payment tool allowed in the Hackenproof is HKN Token. Gretto Group Ltd. administers the payment of monetary awards to Finders for valid, eligible vulnerabilities. Hackenproof are offered to customers subject to a confidential stand-alone Customer Agreement and Finders similarly must agree to a separate and confidential Finder Agreement.
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. Gretto Group Ltd. 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 Site, 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 SERVICE 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, GRETTO GROUP LTD. MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE 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 SITE. GRETTO GROUP LTD., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. GRETTO GROUP 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 THAT MAY 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 GRETTO GROUP LTD.
If you have a dispute with one or more users or a Business with who you chatted through the Hackenproof, you release us (and our officers, 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.
Gretto Group Ltd. 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
Gretto Group Ltd., 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.
Gretto Group Ltd. 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. Gretto Group Ltd. 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 Gretto Group Ltd. 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 Gretto Group Ltd. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Gretto Group Ltd.’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.
Gretto Group Ltd. understands that it may receive Confidential Information of Customer, Customer understands that it may receive Confidential Information of Hackenproof and Finder, Finder understands that it, he or she may receive Confidential Information of a Customer or Hackenproof. 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 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 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 Foundation 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 Gretto Group Ltd. and Users, and supersede and replace all prior oral or written understandings or agreements between Gretto Group Ltd. and Customer or Finder.
Any notices or other communications provided by Gretto Group Ltd. under the Terms, including those regarding modifications to the Terms, will be given via email or by posting to the Website.
Gretto Group Ltd.’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 Gretto Grop Ltd. The rights of Gretto Group Ltd. under this Terms shall survive the termination of Terms.
Gretto Group Ltd. welcomes your feedback and inquiries. If you have any comments or questions, please contact us by sending an email to [email protected]