Last updated August 19, 2021
Please read these Terms carefully. By clicking the "Accept" button you are entering into a binding agreement with Strike and the Users, 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 18 of these Terms, and any policies or additional terms and conditions as indicated in such documents. You can always find the most updated version at: https://strike.sh/terms-and-conditions/strikers. You are strongly recommended to read these Terms regularly.
We also reserve our right to update or change our Platform and its use from time to time, by giving you a reasonable prior notice period in the event of major changes.
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 it, 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.
If you have any questions regarding these Terms or the use of the Platform, please contact us by emailing [email protected]
"Penetration Test(s)", "Services" means the penetration tests performed by you via the Platform over the Users' applications, in accordance with the Services Specifications, to test them against possible cyberattacks, as requested by the Users.
"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.
"You", "Striker(s)" means an individual who is a certified ethical hacker and uses the Platform to perform the Penetration Tests in accordance with the Agreement.
"Website", "Platform" means https://strike.sh/
3. Capacity. Certifications
(1) The Platform can only be used by individuals with legal capacity.
(2) If you are under 18 years old you must obtain consent from your parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform.
(3) Moreover, the Platform can only be used by individuals who have relevant experience and certifications such as OSCP, as indicated by Strike from time to time. Strike reserves its right to request you, at any moment, for specific or additional or different certifications.
(4) If you do not comply with this clause you must immediately stop using the Platform and refrain from performing Penetration Tests.
4. What is Strike?
Strike offers an online platform that connects you with the Users who want to test their applications against cyberattacks and find out the vulnerabilities present at the exact moment they are discovered. By using the Platform, you can perform Penetration Tests over the applications of Strike's Users, as requested on the Platform by the Users.
5. How can you become a Striker?
5.1. Create your Account
(1) To use the Platform, you must register on our Website by creating a Striker account ("Account"). For such purposes you shall provide certain information such as: name, surname, twitter username, GitHub username, information about programming languages (e.g. C#, Java, Go), email, username, proof of certifications, 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 Strikers' Data. If you have an account in Google Workspace, 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 Striker 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 the Strikers. 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 Strikers' Data. However, it will not be responsible for any fraudulent use of the Account by third parties, including misuse of their data associated with 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 Strikers whose Data could not be confirmed. Moreover, Strike reserves the right to test the Strikers' quality of Services by performing sample Penetration Tests, which shall be free of charge for Strike.
(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, among other reasons mentioned in these Terms, 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: "Your Profile" -> "Account Details" -> "Edit" -> "Request Account Delete" and confirm by clicking "Request Account Delete". Deletion of the account will be subject to clause 12.
5.3. Penetration Tests
(1) Once you created and accessed your Account, Strike will be able to connect you with the Users to perform the Penetration Tests over the Users' applications. You shall perform the Penetration Tests in accordance with the Services Specifications which will be communicated to you along with a Penetration Test request.
(2) Once Strike forwards you a request from a User for a Penetration Test you have 24 hours to accept it or reject it. If after 24 hours you did not accept or reject the Penetration Test, Strike will consider that you rejected it.
(3) Moreover, you may be required to get in contact with the User(s) for which you are performing the Penetration Tests, solely for the purposes of immediately reporting to them any vulnerabilities arising from their assets, via the communication channels made available by Strike.
(5) After performing the Penetration Tests for Users, the Users may receive a survey from Strike to evaluate your Services.
(6) Should you have any problem during the provision of the Services please contact us at [email protected]
(7) You understand and agree that Strike does not guarantee a number of Penetration Tests to be performed by you via the Platform.
(8) You shall be solely responsible for the performance outcome of the Penetration Tests and shall keep Strike harmless and indemnify it against any claim or damage from the Users or any third parties arising from your provision of Services.
5.4. Price and Payment
(1) Together with the Services Specifications for the Penetration Test requested by the User on the Platform, you will be notified of the applicable fees you will be entitled to after the performance of the Services ("Fees").
(2) Strike will coordinate the payment of the Fees to you in the time frame indicated in the request for the Penetration Test that Strike will forward to you.
(3) Fees will be paid by: (i) online bank transfer to the bank account informed in the Striker's Account; or (ii) such other payment method Strike may notify from time to time.
(4) You shall pay as they become due, promptly and before infringements to the law, all taxes, assessments, rates, damages, license fees, liens, levies, etc. whether general or special, or ordinary or extraordinary, of every name, nature, and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, in relation with the Penetration Tests. You will defend and hold harmless Strike for any claims or damages arising from the non-compliance with this clause.
(5) You shall not receive any other fee, revenue or other compensation in return for the Services, including any expenses, and you acknowledge that the Fees already take all considerations into account and accordingly contain adequate and fair remuneration in relation to the same. For the sake of clarity, any expenses or costs necessary for the performance of the Penetration Tests shall be borne by you.
(6) You hereby understand and agree that Strike makes no warranty of merchantability or minimum of profits.
(7) Strike has the right to retain, partially or totally, the Fees in case there are claims by Strike against the Striker or by third parties against Strike for the Striker's failure to comply with the Agreement. Moreover, Striker reserves its right to set-off any amounts owed to it from the Fees.
(8) You may be required to issue an invoice. You shall determine the applicable taxes. Strike reserves its right to withhold any amounts due for taxes in accordance with the applicable law.
5.5. Striker's devices
(1) To have access to our Platform, you will require a desktop computer.
(2) By agreeing to these Terms you declare you have all means - at your cost - to perform the Penetration Tests. This includes but is not limited to the Burpsuite License. Moreover, to perform the Penetration Tests you will ensure to have all the means and equipment including software (e.g. Burpsuite License).
(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 and all content included therein and any and all activity performed in your Account.
6. Striker content
(1) You are the sole responsible for the content ("Striker 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 Striker 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 or 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 Striker 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 the Striker Content to any party without limitation in accordance to the law; (ii) delete or edit any Striker Content if at its sole discretion Strike deems it may breach any law or third-party right.
- use offensive language against other Strikers, Strike and Users;
- disrespect other Strikers, Strike and Users;
- publish, transmit or make available content contrary to law, honor, privacy or image or propaganda of a political, sexist, racist, xenophobic, pornographic, or advocacy of the crime;
- publish, transmit or make available any information, element or content that constitutes a violation of the legislation on personal data;
- discriminate based on religion, race, sex, national origin, age, marital status, sexual orientation, disability or any other reason;
- disrupt or interrupt the applications and or assets of the Users or the Platform;
- post links or references to external websites or advertising of any kind;
- post misleading information or information that may be deemed anticompetitive, unfair competition or progressive consumer advertising;
- breach any confidentiality provision or any obligation you may have with a third party.
(5) Strike may, but is not obliged to, monitor and modify Striker Content. Without prejudice of any other legal actions, Strike may suspend or terminate your Account or Services, at its own discretion and with no liability, if you do not comply with the above. You are solely responsible for the Striker Content and agree and oblige to hold harmless and indemnify Strike for any damage we may suffer for your non-compliance.
7. Representations and Warranties of the Striker
You represent and warrant to Strike that:
(i) you abide and shall abide by and conform to all rules and regulations adopted by Strike as well as all applicable federal, state, and local laws;
(ii) there are no agreements with any third parties which will prevent, restrict or otherwise interfere with the practical and legal effect intended by the Agreement and each of its provisions;
(iii) your Services do not infringe the Users' or any third party's rights (included but not limited to, intellectual property rights, data privacy rights, etc.);
(iv) you will perform the Services with the maximum degree of care and in accordance with the industry's good practices and standards;
(v) you will perform the Services only in accordance with this Agreement and the Services Specifications;
(vi) once you accept the performance of a Penetration Test you are committed to comply entirely with it (e.g. you will perform the Services for the amount of hours requested by the User in the Services Specification).
8. Other Rights of Strike
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 Striker'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.
9.Relationship between Strike and the Strikers
(1) Strike is a platform designed to connect Strikers and Users, and in no way Strike renders the Services, forms or produces content, provides recommendation, advice or any kind of materials, or provides copyrighted or licensed content. Strike is not responsible for the Strikers and/or the Users or the Penetration Tests.
(2) Strike and the Strikers are independent parties and the Agreement or any other document does not create any partnership, mandate, franchise or employment relationship between Strike and the Striker. The Striker acknowledges and accepts that it acts at all times independently and that Strike has no power of direction over its activity or that of any Striker, nor does it have any control over the quality or legality of the Penetration Tests other than as indicated on these Terms.
10. Intellectual property rights
(1) Subject to your compliance with the Agreement, Strike grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Platform, during the term of the Agreement.
(2) You shall only use the Platform in accordance with the Agreement and all applicable laws and regulations.
(3) Any materials, content, trademarks, logos, images, photographs, videos, audio, service marks, software, license, designs, structure, code, artwork, HTML code, source code, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Strike and/or third parties who have authorized us with the use (collectively the "Intellectual Property"). 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.
(4) The Striker undertakes not to use, copy, display, reproduce, republish, download, upload, post, transmit, distribute, modify, edit, lend or make available materials, content, trademarks, logos, images, photographs, videos, audio, that implies a violation of the intellectual and industrial property rights, patents, trademarks or copyright corresponding to third parties.
(5) The Striker hereby irrevocably grants Strike and the Users the right to (i) reproduce, use, distribute the vulnerability reports. Moreover, the Stiker hereby grants Strike the right (including were permitted by law, moral rights) to (i) mention the Striker as user of the Platform and use its name, trademarks, logos, distinctive brandings, etc. for promotional purposes; (ii) delete or edit any Striker content if at its sole discretion Strike deems it may breach any law or third-party right; (iii) record and make copies of the deliverables (including the vulnerability reports) provided or created by the Striker within the framework of a Penetration Test; (v) safeguard and archive copies of such deliverables.
(6) Strike reserves the right to take all measures it deems appropriate to safeguard the intellectual property rights of third parties.
11. 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.
12. Termination and suspension
Notwithstanding any other provisions provided in these Terms regarding this subject:
(1) Strike is entitled to terminate, suspend or cancel/delete your Account and access to the Platform as well as the Penetration Tests, for any reason, including, without limitation, if Strike, in its sole discretion, considers your use of the Platform or the Account to be unacceptable, 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 cancellation/deletion.
(2) Should Strike terminate, suspend, cancel or delete your Account due to the above, the creation of a new Account will be forbidden.
(3) Both parties shall have the right to terminate the Agreement by providing a 15-day notice period to the other party. Nonetheless, the parties hereby agree that the Striker cannot terminate the Agreement (unless in the event of Strike's breach to the Agreement) or delete its Account before finalizing and complying with all Penetration Tests which were accepted by the Striker before the notification of the termination or request for deletion of the Account.
(4) You may immediately terminate this Agreement in the event of a breach by Strike to its obligations under this Agreement.
(5) Any clauses which by its nature should survive the termination of the Agreement (e.g. confidentiality, limitation of liability, representations and warranty, indemnification, etc.) will remain in force after termination of the Agreement, for any cause.
13. Disclaimer of warranties
Strike makes its best efforts to provide a good experience on the Platform. However, you understand and agree that the Platform is 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, its content or the Services are at your sole risk and discretion. Strike cannot and does not warrant the Platform is 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 STRIKE 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 LIABLE FOR ANY DOWNTIME OF THE PLATFORM CAUSED BY STRIKE OR ANY THIRD PARTY.
14. Limitation of Liability
(1) To the extent permitted by law, Strike (which for the purpose of this clause 14 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 performance of 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.
15. Commercial goodwill
You agree and acknowledge that Strike has invested considerable time and effort to engage the Users. For this reason, during the term of this Agreement and for a 3-years period after termination, you shall not induce the User to stop using Strike nor you will offer services directly or indirectly that can compete with Strike. Moreover, you agree to not contact the Users unless as requested by Strike in accordance with clause 5.3. of these Terms.
16. Export controls
You hereby agree that Strike 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., any software, products, technology, etc. accessed using the Platform.
Strike shall be authorized to assign any of its rights, interests or obligations hereunder to any party by notifying such assignment to the Striker. You may not assign your rights, interests or obligations arising from these Terms.
18. 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. The changes will not apply for those Penetration Tests to which you already agreed to perform before the communication.
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.
You agree to indemnify and hold harmless Strike (including but not limited to its related companies, partners, managers, officers, representatives, agents and employees) from any claim or demand (including reasonable attorneys' fees) made by any User and/or employees or subcontractor of the Striker and/or Strikers and/or any third party for any violation of these Terms and other applicable policies or supporting documents, and/or any laws and/or rights of third parties. To this end, you entitle Strike to withhold any payment it may have to make to you for any concept in addition to its right to claim damages.
You shall be solely liable for any and all losses, liabilities, claims, damages and expenses (including reasonable costs of investigation and attorneys' fees) (collectively, the "Losses") caused to Strike and/or Users and/or third parties before, during, or after the Penetration Tests, by your: (i) failure to comply with any and all federal, state, foreign or local laws or regulations, including, but not limiting, to payments of fees, social security, levies, taxes, etc.; (ii) negligent acts, errors and/or omissions or the willful misconduct; (iii) use of proprietary intellectual property of third parties (whether such claims are actual or threatened); (iv) material breach or default of any provision of these Terms or other applicable policies or supporting documents; (v) performance of the Penetration Services.
(1) You recognize that any information of the User or Strike, to which you have access to as a result of the relationship with Strike or the User, arising from the Agreement, the information made available on the Platform to you is considered to be confidential ("Confidential Information").
(2) You agree to maintain the Confidential Information in strict confidence and to use all precautions to ensure that the same is properly protected and kept from unauthorized persons or disclosure.
(3) If requested by Strike, you agree to promptly return to Strike or destroy any materials or documents obtained from or through Strike and/or the Users, including, but not limited to, all Confidential Information.
(4) You agree that you will not, without first obtaining the prior written permission of Strike: (i) directly or indirectly utilize such Confidential Information in your own business; (2) elaborate and/or sell any product or service that is based in whole or in part on such Confidential Information; or (3) disclose such Confidential Information to any third party; (4) use the Confidential Information for any purpose other than complying with your obligations under this Agreement.
(5) 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.
22. Entire agreement
The Agreement 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.
23. 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 Terms 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]) 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.
24. 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.
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.