Date: September 27, 2023
TERMS OF SERVICE
This Agreement (together with any supplemental terms, the Privacy Policy, or other guidelines or rules posted within our Website, including amendments, if any) represents a legally binding contract between UprootSecurity (hereinafter referred to as “Us”, or “We”, or “Our”) and You (“Customer who is an end user of the Services”) and supersedes all other agreements, representations, warranties, and understandings with respect to our Website and the subject matter contained herein. If you are entering into this Agreement on behalf of UprootSecurity or another legal entity, you represent that you have the authority to bind such entity and its Affiliates to these terms and conditions, in which case the terms “You” or “Your” shall refer to such entity and its Affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use Our Services and/or the platform. You further agree that You are 18 years of age or older.
BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PLATFORM.
“Account” means UprootSecurity account created by You to avail the services offered by Us.
“Affiliate” shall mean any entity controlled by, controlling, or under common control with a party to this Agreement during the period such control exists. For the purposes hereof, “control” means the power to direct the operation, policies, and management of an entity through the ownership of more than fifty percent (50%) of the voting securities of such entity, by contract, or otherwise.
“Content” means any information or data that is made available or provided by You or Your Users to UprootSecurity or its Representatives, including any data to provide the Services.
“Platform” shall mean the platform provided by UprootSecurity to Customer in connection with the Services, which includes all related software, interfaces, tools, utilities, and other technologies (and any related intellectual property), where Customer is able to request the Services.
“Services” shall mean and refer to various services that are/ would be offered by UprootSecurity through the Platform including but not limited to:
"Service Order Form" refers to a document or online form provided by UprootSecurity, which outlines the specific Services to be provided by UprootSecurity to the Customer. The Service Order Form includes, but is not limited to, details such as the description of the Services, fees, payment terms, project timelines, and any other relevant terms and conditions. The Service Order Form, once agreed upon by both parties, constitutes an integral part of the agreement between UprootSecurity and the Customer.
“User”, “You” or “Your”, “Customer” shall mean any natural or legal person who has access to and is using the Platform for the purpose of availing the Services offered by UprootSecurity in accordance with this Agreement.
UprootSecurity provides a platform that connects customers with a network of vetted security researchers to identify and address vulnerabilities in digital assets ("Services"). Through our Services, we facilitate the submission, evaluation, and resolution of security issues by enabling you to create security testing programs, engage with security researchers, and manage reported vulnerabilities.
Our Services include, but are not limited to:
Security Testing Programs: We offer comprehensive global penetration testing (pentesting) services aimed at strengthening our customers' vulnerability management programs. Our pentesting solutions are designed to identify and address security weaknesses across various domains, including network infrastructure, applications, cloud environments, and source code.
Vulnerability Reporting: Consultants can submit potential security vulnerabilities through our platform, which you can review, validate, and address according to your security policies and priorities.
Researcher Engagement: Our platform enables seamless interaction between you and security researchers, including the ability to provide feedback, request additional information, and track the progress of reported issues.
Analytics and Reporting: We provide detailed analytics and reporting tools to help you monitor the effectiveness of your security programs, assess the performance of researchers, and identify trends in vulnerability submissions.
While we strive to provide accurate, timely, and effective Services, we do not guarantee that all vulnerabilities will be identified, nor do we assume liability for any issues that may arise from the use or implementation of our Services.
To avail the Services, access, and use the platform, the user shall be required to maintain a security account by signing up and registering with Uproot using login credentials which can be used by You or each of Your employees and consultants who are authorized by You to use the Services on Your behalf.
You are solely responsible for all actions and activities conducted under your User Account and Password. You agree to promptly notify UprootSecurity of any unauthorized access to or use of your User Account or Password, as well as any other security breaches. Additionally, you agree to log out of your User Account at the conclusion of each session. You acknowledge that you are liable for any losses or damages resulting from the unauthorized use of your User Account.
Your Content and information you submit on the Platform, along with other data collected during your use of the Platform (excluding credit card details and other sensitive financial or personal information), may be transmitted across different networks without encryption and may undergo modifications to meet the technical requirements of connecting networks or devices.
You acknowledge and agree that access to the Platform is influenced by various external factors, including your internet service provider, location, and bandwidth, and that UprootSecurity cannot guarantee uninterrupted access to the Platform at all times. In addition to the disclaimers and conditions outlined in the Terms of Service, UprootSecurity shall not be held liable for any damages resulting from your inability to log into your account or access the Services on the Platform at any given time.
By accessing and using our Website, you affirm that you are not:
Our Website is not designed for use by individuals under the age of 13. If you are under the legal age of majority in your place of residence and citizenship, you must obtain permission from your parent or legal guardian before using our Website.
By agreeing to this Agreement, you agree not to use any of the Services for unlawful or unauthorized purposes. Users are strictly prohibited from engaging in any of the following activities while utilizing Our Services:
Notify Us immediately on becoming aware of any unauthorized use of Our products or suspected breach of security or breach of these Terms.
You shall not transmit any worms or viruses, spam (which for these purposes shall include all unlawful marketing communications, unsolicited commercial communications) or any code of a destructive nature.
We shall immediately suspend Your Account if we discover or have reason to believe that the User has used the Account for any of the following prohibited activities:
You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorized such activities or actions, and shall, at all times, keep UprootSecurity indemnified in this regard.
UprootSecurity grants you a non-exclusive, non-transferable, revocable license to access and use our Website and services strictly in accordance with this Agreement. This license
is limited to the purpose of enabling you to use and enjoy the benefits of the Services provided by UprootSecurity, subject to the restrictions outlined in this Agreement.
You are expressly prohibited from:
Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services, use of the Services, or access to the Services or any contact on the Platform through which the Services are provided without Our express written permission.
Using any robot, spider, or other automatic devices, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Platform without our prior written consent.
Reverse engineering, decompiling, or disassembling any software used in the Services, except and only to the extent that such activity is expressly permitted by applicable law.
You agree to pay all fees and charges specified in the Service Order Form or as otherwise agreed between you and UprootSecurity for the Services provided. Fees are due and payable in accordance with the payment terms outlined in the Service Order Form or as specified by UprootSecurity.
In the event of non-payment or late payment, UprootSecurity reserves the right to suspend or terminate your access to the Services without notice. You agree that you are responsible for any costs or expenses (including attorneys' fees) incurred by UprootSecurity in collecting any overdue amounts.
UprootSecurity may, at its sole discretion, offer refunds or credits for unused Services, subject to any applicable terms and conditions.
You acknowledge and agree that all intellectual property rights in the Platform and the Services, including but not limited to the software, tools, interfaces, utilities, and other technologies, as well as all related documentation, user guides, and other materials, are and shall remain the exclusive property of UprootSecurity or its licensors.
You further acknowledge and agree that the Content provided by You through the Platform shall remain Your intellectual property. However, You grant UprootSecurity a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing the Services to You.
We reserve the right to terminate or suspend your Account and access to the Platform at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
Upon termination, your right to use the Platform and Services will cease immediately. If you wish to terminate your Account, you may do so by discontinuing your use of the Platform and Services.
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Platform and Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform or Services will be uninterrupted, error-free, or secure.
You acknowledge and agree that your use of the Platform and Services is at your own risk, and UprootSecurity makes no representations or warranties of any kind with respect to the Platform or Services, including but not limited to the accuracy, reliability, or completeness of any information or Content provided through the Platform or Services.
To the maximum extent permitted by applicable law, UprootSecurity shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of or inability to use the Platform or Services, even if UprootSecurity has been advised of the possibility of such damages.
In no event shall UprootSecurity's total liability to you for all claims, damages, or causes of action arising out of or in connection with these Terms or your use of the Platform or Services exceed the amount paid by you to UprootSecurity in the twelve (12) months preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless UprootSecurity, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Platform or Services, your violation of these Terms, or your violation of any rights of another person or entity.
UprootSecurity reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform and Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Platform and Services.
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction where UprootSecurity is headquartered, without regard to its conflict of law provisions.
Any dispute or claim arising out of or in connection with these Terms or the Platform and Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in the jurisdiction where UprootSecurity is headquartered, and the language of the arbitration shall be English.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The failure of UprootSecurity to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and UprootSecurity regarding your use of the Platform and Services, superseding any prior agreements between you and UprootSecurity (including, but not limited to, any prior versions of these Terms).
If you have any questions or concerns about these Terms or the Services provided by UprootSecurity, please contact us at [insert contact information].