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Terms of Use for Users

Last updated August 19, 2021

These Terms of Use (“Terms”), together with the Privacy Policy and any additional terms and conditions and policies referenced herein or available on the Website (together with the Terms, the "Agreement"), govern your relationship with Strike and the Strikers, and the use of our Platform. Please read them carefully.

By clicking the “Accept” button, you are entering into a binding agreement with Strike and the Strikers and you confirm and agree that you have read, understood and accepted the Agreement and that you will comply with any and all obligations described therein.

Strike reserves the right to change or modify the Terms from time to time as indicated in clause 19 of these Terms, and any policies or additional terms and conditions as indicated in such documents.

We also reserve our right to update or change our Platform or Services from time to time, by giving you a reasonable prior notice period in the event of major changes.

You are strongly recommended to read these Terms regularly. You can always find the most updated version here. Please note that the use of the Services after the communication of any amendment shall be deemed as your acceptance to the changes.

Ignorance of the content of the Agreement does not justify non-compliance with them, much less entitles you to take particular or legal actions that do not take into account what it is stated in the Agreement.

ANY PERSON WHO DOES NOT ACCEPT THE AGREEMENT OR WHO DOES NOT MEET THE REQUIREMENTS INDICATED IN CLAUSE 3 HEREIN. MUST REFRAIN FROM ACCESSING THE WEBSITE AND/OR USING THE SERVICES.

If you have any questions regarding these Terms or the use of the Platform please contact us by emailing [email protected]

1. Definitions

“Penetration Test”, “Services” means the penetration tests performed by the Striker via the Platform, in accordance with the Services Specifications, to test your applications against possible cyberattacks, as requested by you.

“Services Specifications” has the meaning ascribed in clause 5.3. of these Terms.

“Strike”, “we”, “us”, “our” meansStrike Security LLC, a corporation duly organized and incorporated under the laws of Delaware, USA, with address in 848 Brickell Avenue St. 600, Miami, FL 33131.

“Strikers” certified ethical hackers performing the Penetration Tests.

“Users”, “you”, “your” means an individual or legal entity who accesses the Platform or engages our Services.

“Website”, “Platform” means https://strike.sh/

2. Privacy

Please review our Privacy Policy which also governs your relationship with Strike and the Strikers.

3. Capacity

The Platform and the Services can only be used / engaged by individuals and legal entities, both with legal capacity.

If you are under legal age you must obtain consent from your parent(s) or legal guardian(s), who by accepting this Agreement shall agree to take responsibility for your actions and any charges associated with your engagement and use of the Services. If you do not have such consent, you must stop using the Services.

If you register a legal entity, you represent and warrant that you are fully authorized and have the capacity to represent, oblige and act on behalf of such legal entity.

4. Services

Strike offers an online platform that connects Users who want to test their assets with Strikers around the globe. By using the Platform, you can test your applications against cyberattacks and find out the vulnerabilities present at the exact moment they are discovered.

Unlike a traditional penetration test company, we have solutions to make security accessible for different kinds of enterprises.

4.1. Scope of the Services

Strike provides a flexible scope, you can define the assets of your interest and the amount of hours and frequency that you would like your assets to be tested by the Strikers.

4.2. Seamless integration

We are integrated with third party services (e.g. Jira and Slack) that allow you to use our Platform to instantly create issues and notifications.

4.3. Vulnerability reports

During the provision of the Services a vulnerability report will be created. Each reported vulnerability includes a description, proof of concept, criticality and a recommended solution. Also, it shows the different states (pending fix, in progress, ready for retest and solved) for better management and triaging.

You can download all vulnerability reports at any time during the term of the Services in PDF.

4.4. Communication with Strikers

We offer different fast means of communications so you can interact with the Strikers to fix your vulnerabilities.

4.5. Language of the Services

Services will be provided in English.

5. How can you use our Services?

5.1. License to use the Services

Subject to the payment of the price and your compliance with the Agreement, Strike grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Services through the Platform, during the term of the Agreement.

You shall only use the Services and Platform in accordance with the Agreement and all applicable laws and regulations.

5.2. Create your Account

(1) To use the Platform, you must register on our Website by creating a user account (“Account”). For such purposes Users shall provide certain information such as: name, surname, country of residence, phone number, email address, user name, billing information, a unique password, etc. (“Data”). You guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, authenticity and for the update of your Data. In no case shall Strike be responsible for the accuracy of the Users' Data. If you have an account in Google Workplace you will be able to create your Account with the use of the credentials included therein.

(2) To access your personal Account, you must enter your user ID and a password which must always be kept confidential. If you forget your password, please reset it by clicking on "Forgot password?" and following the steps indicated therein.

(3) The Account is unique and non-transferable. It is prohibited for a User to register or have more than one Account. Strike reserves the right to cancel, suspend or disable the accounts, without prejudice to other legal measures that may be taken in case of breach to these obligations.

(4) Strike cannot guarantee the identity of Users. Therefore, you are responsible for all transactions made in your Account, and must notify Strike immediately, in a reliable manner, of any unauthorized use of the same, as well as any theft, disclosure or loss of your Platform access data. Strike watches over the protection of the Users’ Data. However, it will not be responsible for any fraudulent use of the User Account by third parties, including misuse of their data associated with online payments.

(5) Strike may, at any time, require some additional information or documentation in order to verify or corroborate the Data and may temporarily or permanently suspend those Users whose Data could not be confirmed.

(6) Strike reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation or indemnification.

(7) We may also restrict, suspend or terminate your Account and/or use of the Platform, if we reasonably believe that:

  • someone other than you is using your Account; or
  • you are suspected or discovered to have been involved in any activity or conduct that is in breach of the Agreement, the applicable law, or involved in activity or conduct which we deem, in our sole discretion, to be an abuse of the Platform or our Services.

(8) If you wish to delete your Account, please go to “Profile” -> “Account Details” -> “Edit” -> “Delete me from Strike” and confirm by clicking “Request Account Delete your Account”. Deletion of the Account will be subject to clause 11.

5.3. Services Specifications. Commencement of the Services

Once you created and accessed your Account you will have to choose the specification of the Services.

(1) Type of Subscription: You can choose between a monthly or an annual subscription:

  • If you choose a monthly subscription you will be charged upfront, on a monthly basis, for the Services. Services will be automatically renewed every month unless terminated in accordance with these Terms. The amount of hours as described in (2) below shall be used within each month and are not cumulative for the following months.
  • If you choose an annual subscription you will be charged upfront for the entire year. Services will be automatically renewed at the end of the year unless terminated in accordance with these Terms. The amount of hours as described in (2) below shall be used within the entire year.

(2) Hours: You can choose the amount of hours you want the Strikers to test your assets. You will always be able to top up the amount of hours chosen.

(3) Assets: Choose the assets you want to have tested by the Strikers. For this purpose you shall provide certain data about them such as: HTTP endpoint, environment, testing credentials. When you list any assets you represent and guarantee you either are the owner of the assets or have obtained the right from the owner of the assets to request the Strikers to test them.

(4) The Penetration Tests shall begin 24-hours after Strike receives your payment in accordance with clause 5.4. of these Terms.

(5) Once the Penetration Test is finalised, Strike may send you a survey to rate the Services.

5.4. Price and Payment

(1) Prices of the Services will depend on the amount of hours you chose to test the assets and on whether you are engaging services on a monthly or annual basis. All prices will be shown when you choose the specification of the Services. Prices are shown in Dollars of the United States and taxes shall be added. Strike reserves its right to modify the prices from time to time. However, if you have a monthly subscription, such changes will only apply on the month following the communication of the modification, while if you have an annual subscription the price will not be modified during the term of the subscription.

(2) Once you choose the Services Specifications, you will receive the payment instructions for the Services.

(3) You can choose to pay the price by using any of the different payment methods offered on the Platform including:

  • Credit card.
  • Debit card.
  • Bank transfer.
  • Such other payment methods we offer from time to time.

(4) Payment of the price shall be net and any expenses or costs for the test of the assets shall be borne by you.

(5) We reserve the right to offer additional payment methods and/or remove existing payment methods at any time, in our sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. Strike does not store your credit card or payment information.

(6) You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of the price.

(7) The price paid for the Services is not reimbursable.

5.5. User’s devices

(1) To have access to our Services, you will require a desktop computer.

(2) The quality of our Services will depend on the device you use, your internet carrier, your internet speed and bandwidth.

(3) Strike reserves the right to modify any of the aforementioned requirements, from time to time, in accordance with these Terms.

5.6. Responsibility and use of the Account

You are solely responsible for the use of your Account and any content included therein.

5.7. Other Strike’s Rights

In order to make the Users’ and Strikers’ experience as good as possible Strike reserves the right, without need of prior notice to the Striker, to: (i) modify or discontinue, temporarily or permanently, functions of the Platform. Nonetheless, the Striker acknowledges and accepts that: (i) it is the User’s sole responsibility to comply with the requirements indicated in these Terms, Strike’s policies and applicable Services Specifications and to bear the costs of any of such requirements; and (ii) waives any claim against Strike which arises from by way of example, the quality or interruption, temporarily or permanently, of the Penetration Test or the Platform.

6. User content

(1) You are the sole responsible for the content (“User Content”) you post (if available), transfer, transmit or upload in the Platform, either in the chat, surveys or in any other available means which may be available on the Platform.

(2) Regarding the User Content you hereby represent and warrant that:

  • you are entitled to post or use it;
  • it does not breach your obligations arising from the Agreement, any applicable law, included but not limited to IP law or any third-party rights;
  • it is not subject to confidentiality obligations.

(3) You retain the right over the User Content. However, you hereby grant Strike a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to (i) reproduce, use, distribute your User Content to any party without limitation in accordance to the law; (ii) delete or edit any User Content if at its sole discretion Strike deems it may breach any law or third-party right.

(4) You shall indemnify and hold Strike harmless from and against all claims and damages arising from any claim brought by a third party against Strike due to your User Content.

7. Use restrictions

You may not use the Platform or the Services, as a way of example and not limited to: (i) in violation of the Agreement or any applicable law or regulation, (ii) in a manner that infringes the copyright, industrial property, trade secret or other intellectual property rights of Strike or third-parties or in a manner that violates the privacy, publicity or any rights of Strike or a third party, (iii) in a manner that infringes any of Strike or third party’s rights; (iv) in a manner that is defamatory, obscene, threatening or abusive; or (v) for commercial purposes or any other purpose not allowed in the Agreement.

8. Confidentiality

(1) During the term of the Agreement and for 3 years after its termination, all Confidential Information shall be regarded and preserved as confidential by the parties. Confidential Obligation can only be used by the parties for the purpose of performing their obligations under the Agreement.

(2) For the purposes of this Agreement, Confidential Information shall mean any and all information disclosed by one party to the other or to which one party has access to as a result of the conclusion of the Agreement and the rendering of the Services. Confidential Information does not include information which is already rightfully known by the other party at the time it is obtained from the disclosing party; (ii) is rightfully received from a third party without a breach of this Agreement; (iii) is developed by a party without the use of any proprietary information or information which is not available to the public; (iv) is publicly known.

(3) The parties may disclose Confidential Information if required by the applicable law, regulation, court order provided it immediately notifies this (where practicable) to the other party.

(4) You acknowledge and agree that damages alone would not be an adequate remedy for your breach of this clause; therefore, Strike can be entitled to seek any actions, including but not limited to civil and criminal actions, equitable relief, including injunction, preliminary injunction, and specific performance without limiting and in addition to all other remedies available to it.

9. Intellectual property rights

(1) You reserve and hold all title, rights and interest in and to the assets.

(2) Any materials, content, trademarks, logos, images, photographs, videos, audio, service marks, software, license, code, artwork, HTML code, source code, techniques, ideas, methods, data, documents, knowhow, feedback, recommendation, etc. including these Terms as displayed on the Platform, in our marketing material or as made available, created, acquired or developed through the Services, whether registered or unregistered, are the intellectual property of Strike and/or third parties who have authorized us with the use (collectively “Stike’s Intellectual Property”). Via this Agreement no sale is performed and you only have the rights expressly granted in the Agreement. You may not use, copy, display, reproduce, republish, download, upload, post, transmit, distribute, modify, edit, create derivative works, reverse engineer, decompile, script, or disassemble the Intellectual Property in any way without our prior express written consent. You acknowledge and agree that Strike and/or its licensors reserve all right, title and interest over Strike’s Intellectual Property.

(3) You hereby allow Strike to identify you as Strike’s customer by, for example, using your name and logo in any marketing materials (e.g. social media or institutional communications (whether in writing or verbally), mentioning you on the Platform, etc. without the need of your prior authorization.

10. Link to third-party websites

The Platform may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. Strike does not control or endorse these third-party websites or links and shall not be responsible for the content or availability of these linked pages. Strike accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

11. Termination

Notwithstanding any other provisions provided in these Terms regarding this subject:

(1) Strike is entitled to terminate, suspend or delete your Account and access to the Platform or the Services, for any reason, including, without limitation, if Strike, in its sole discretion, considers your use to be unacceptable or in breach of Strike, the Strikers or third party rights, or in the event of any breach by you of the Agreement. Strike may, but shall be under no obligation to, provide you a warning prior to the termination, suspension or deletion.

(2) Should Strike terminate, suspend or delete your Account due to the above, the creation of a new Account will be forbidden.

(3) You may terminate the Agreement: (i) immediately in the event of a material breach of Strike’s obligation under this Agreement; or (2) in the event of monthly Services, by providing Strike with a 15 days notice period prior to the end of the month; provided that any and all payments are cancelled; or (3) in the event of annual Services, by providing Strike with a 30 days notice period in advance of the date of the annual termination; provided that any and all payments are cancelled.

(4) Unless the termination is caused due to Strike’s breach to its obligations under this Agreement, Strike shall not be obliged to reimburse any amount paid by you. Should the termination be caused by Strike’s fault, you agree that the reimbursement of the fees paid and not used shall be the sole remedy you can claim from Strike.

(5) Upon termination of the Agreement any and all clauses which by their nature should survive termination (e.g. Limitation of liability, Confidentiality, Disclaimer of warranties, Indemnification, etc.) shall remain in full force.

12. Disclaimer of warranties

You understand and agree that the content on the Platform and the Services are provided on an “as is” and “as available” basis with no implied or express warranty or condition. Therefore, your use and reliance upon the Platform and the Services are obtained at your sole risk and discretion. Strike cannot and does not warrant the Platform or the Services are provided free of errors, in a manner, timely, secure, uninterrupted, free of technical difficulties, defects, bug-free, viruses or malware. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

WE DO NOT WARRANT AVAILABILITY OF THE PLATFORM AND WE WILL NOT BE AVAILABLE FOR ANY DOWNTIME OF THE PLATFORM CAUSED BY STRIKE OR ANY THIRD PARTY.

13. Representations and Warranties

Notwithstanding any representations and warranties provided by you throughout the Agreement, you hereby represent and warrant:

  • You are legally authorised (either by ownership right, license, employment agreement, etc.) to request the Strikers to test the assets you included in the specification of Services.
  • Your request to test the assets does not breach any terms and conditions to which the assets or any components of the assets are subject to, the law, or any third party rights.
  • If you are not the owner of the assets, the owner is fully aware of your request to test the assets.
  • You are the sole responsible for the compliance with any terms and conditions related or connected to the assets including but not limited to, process, use and deletion of data and intellectual property rights.
  • You are solely responsible for the relationship between you and any third party connected with or associated with the assets.
  • You will be solely responsible for any loss or damage caused by the Services.
  • You are aware of the fact that any and all recommendations provided by the Strikers are recommendations. Any decisions over the assets or as a result of the Services, are taken by you and you are solely responsible for such decisions or implementation of recommendations.

14. Indemnification

You agree to indemnify, defend, hold harmless Strike, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platform, or your breach of the Agreement, or any breach to a third party’s right, or any applicable law or regulation.

15. Limitation of Liability

(1) To the extent permitted by law, Strike (which for the purpose of this clause 15 shall include its employees, directors, agents, representatives, suppliers, contractors, affiliates and parent companies) excludes all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platform, the use of the Platform, the Services, any website linked to our Platform, and any content or material posted on the Platform. Your exclusive remedy is to discontinue your use of the Platform. Strike, shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages arising from the use of the Platform, the Penetration Tests or for any other claim related in any way to the Platform or Strike’s services. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, external influences, computer failure, or malfunction, or any other commercial damages or losses, even if Strike has been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

(2) In no event and under no circumstance shall Strike be liable to you for any indirect, special, incidental, consequential or, exemplary damages, including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if Strike has been advised of the possibility of such damages, when whether arising from acts of God or force majeure.

(3) To the extent permitted by law, Strike’s aggregate liability in connection with the Agreement or the use of the Platform in no event will exceed the greatest amount of; (i) the fees paid during the 6 months prior to the date in which the claim arose or (ii) USD 50.

(4) Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Strike’s liability shall be limited to the extent permitted by law.

16. Non-Solicitation

As long as the Agreement is in force and for an additional term of 3 years, you will not divert any Striker, employee of Strike or supplier of Strike to any other person, entity or competitor, or induce or attempt to induce, directly or indirectly, any person to stop rendering services to Strike or to deliver services directly to you.

17. Export controls

You hereby agree that the Services or a part thereof may be subject to United States import and export control laws and regulations and other similar in other jurisdictions. You declare and agree that: (i) you are not located in any country to which the United States has embargoed, debarred or restricted, defined as “terrorist sponsoring”, or applied economic sanctions; (ii) shall strictly comply with all import, export, re-export control laws and regulations; (ii) not disclose or otherwise, directly or indirectly, sell, export, re-export, transfer, transmit, etc., of the streaming license or any software, products, technology, etc. accessed using the Platform.

18. Assignment

Strike shall be authorized to assign any of its rights, interests or obligations hereunder to any party by notifying such assignment to the User. You may not assign your rights, interests or obligations arising from these Terms.

19. Notification of changes

Strike may change, update or review these Terms at any moment and shall make commercially reasonable efforts to notify you 5 days before it makes such changes. All modified terms shall be effective within a 5-day period after its post in the Platform. However, you accept and agree that your use of the Platform after the post of the changes, shall be deemed as a waiver to the notice period and as an acceptance to the changes. If you do not agree to the changes, you may require the cancellation of your Account as provided in these Terms.

20. Severability

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

21. Entire agreement

These Terms along with the Privacy Policy and any policy referenced herein or additional documents provided from time to time by Strike shall constitute the entire agreement between you and Strike regarding the subject hereof.

22. Applicable Law and Jurisdiction

The Agreement and the use of the Platform and any controversy, claim or dispute arising out of or in connection with them, shall be governed and interpreted under the laws of the State of Delaware, United States of America, without regard to conflicts of law principles.

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

(1) the Federal Arbitration Act applies.

(2) Strike and you agree and accept that any controversy, dispute or claim arising under, out of or relating to the Agreement, a Penetration Test, the use of the Platform or your relationship with Strike, including, without limitation, the Agreement formation, validity, binding effect, interpretation, performance, breach, default or termination, as well as non-contractual claims (“Dispute”), shall, prior to initiating an arbitration procedure or another procedure, where applicable, provide notice and description of the dispute to the other party (to Strike by sending a letter to the attention of Strike Security LLC at [email protected]ke.sh) in order to attempt to reach a just and equitable settlement by confidential, good faith and mutual understanding negotiation between persons who have complete authority to settle the Dispute (“Negotiation”).

(3) In the event of any Dispute not settled under the Negotiation in a 30-calendar day term from the notification, indicated above, the dispute shall be resolved by mandatory and binding arbitration.

(4) The arbitration shall be conducted by the American Arbitration Association (AAA) under its rules in force at the moment of the arbitration, including the AAA's Supplementary Procedures for Consumer-Related Disputes. More information about this can be found at www.adr.org.

(5) A single arbitrator shall be appointed. The arbitrator shall issue a written decision explaining the reasoning, findings and conclusions on which the award is based. Any arbitration award shall be final and binding upon the parties and may be enforced (such as through a judgement) in any court with jurisdiction.

(6) Notwithstanding any other statute of limitations any Dispute must be filed for arbitration within 12 months from the first moment it could be filed, or such Dispute will be permanently barred.

(7) All information, documents, offers, proceedings and communications between you and Strike in the context of Negotiations, small court claims and arbitration shall be done and kept in strict confidentiality and shall under no circumstance be disclosed or used for any purpose other than for purposes of the parties’ Negotiations, small court claims, arbitration or the enforcement of the arbitral award.

23. Class Action Waiver

You and Strike agree that any claim against each other shall be brought individually and in no case as a plaintiff or class member or in some way participating, in any class or representative action.

24. Notices

All notices, requests, demands and other communications under this Agreement shall be in writing by email. If notices are sent to Strike, please email: [email protected] Notifications to you shall be done to the email you communicated when creating your Account. Communications shall be deemed received upon expiration of 48 hours after sending the email.

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