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Terms of use

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This page is used to inform website visitors regarding our terms and conditions of usage of the SaaS model of cybersecurity service.

If you choose to use our Service, then you agree to the collection and use of information in relation to these Terms. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in our Privacy Policy.

Agreement to terms

These Terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Whitehats Cybertech Private Limited (“Company”, “we”, “us”, or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site you have read, understood, and agree to be bound by all of these Terms of use. If you do not agree with all of these Terms of use, then you are expressly prohibited from using the Site and you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of use at any time and for any reason. We will alert you of any such changes by updating the “Last updated” date of these Terms of use. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (our “Content”) and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

User representations

By using the Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update it as necessary;
  3. you have the legal capacity to enter into this agreement and you agree to comply with these Terms of use;
  4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  5. you will not use the Site for any illegal or unauthorized purpose; and
  6. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Fees and payment

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover
  • RuPay and UPI payments

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site, and to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Applicable tax will be added to the price of purchases as deemed required by us. You agree to pay all charges or fees at the prices in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any error or mistake in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at [email protected].

Prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. You may not, among other things:

  • make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • use a buying agent or purchasing agent to make purchases on the Site;
  • use the Site to advertise or offer to sell goods and services;
  • circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
  • engage in unauthorized framing of or linking to the Site;
  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • make improper use of our support services or submit false reports of abuse or misconduct;
  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robot, or similar data gathering and extraction tools;
  • interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  • attempt to impersonate another user or person or use the username of another user;
  • sell or otherwise transfer your profile;
  • use any information obtained from the Site in order to harass, abuse, or harm another person;
  • use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
  • attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
  • delete the copyright or other proprietary rights notice from any Content;
  • copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code;
  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices; or
  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  • use the Site in a manner inconsistent with any applicable laws or regulations;
  • systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

User-generated contributions

The Site is business software and is not open to all; only organizations/individuals authorized to use the software will use it to create their proprietary content for organizational purposes. You represent and warrant that:

  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyrights, of any third party;
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users to use your contributions in any manner contemplated by the Site and these Terms of use;
  • your contributions do not violate any applicable law, regulation, or rule;
  • your contributions do not violate the privacy or publicity rights of any third party;
  • your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
  • your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
  • your contributions do not otherwise violate, or link to material that violates, any provisions of these Terms of use or any applicable law or regulation.

Any use of the Site in violation of the foregoing may result in, among other things, termination or suspension of your rights to use the Site.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Site management

We reserve the right, but not the obligation, to:

  1. monitor the Site for violations of these Terms of use;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of use, including, without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
  4. in our sole discretion and without notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy policy

We care about privacy and security. Please review our policy: Whitehats privacy policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of use. Please be advised the Site is hosted in India. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you agree to have your data transferred to and processed in India.

Term and termination

These Terms of use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms of use or of any applicable law or regulation. We may terminate your use of or participation in the Site, or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, at our sole discretion, without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruption, delay, or error. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time. We will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of use will be construed to obligate us to maintain and support the Site or to supply any correction, update, or release in connection therewith.

Governing law

These terms shall be governed by and defined in accordance with the laws of India. You and Whitehats Cybertech Private Limited irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.

Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of use (each, a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be Delhi, India. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of India.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding, (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the public or any other persons.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any error, inaccuracy, or omission and to change or update the information on the Site at any time, without prior notice.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) your use of the Site; (3) breach of these Terms of use; (4) any breach of your representations and warranties set forth in these Terms of use; (5) your violation of the rights of a third party, including, but not limited to, intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claim, action, or proceeding, which is subject to this indemnification upon your becoming aware of it.

User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Miscellaneous

These Terms of use and any policies or operating rules posted by us on the Site, or in respect to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision. These Terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of use or use of the Site. You agree that these Terms of use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of use and the lack of signing by the parties hereto to execute these Terms of use.

For questions about these Terms, contact us via the contact section on the home page or [email protected].