By accessing and using Infiltrate (“the Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Agreement”). If you do not agree with any part of this Agreement, you are prohibited from using the Service. This Agreement constitutes the entire agreement between you and Infiltrate regarding the use of the Service. It supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between the user and Infiltrate with respect to the Service. Your acceptance of this Agreement is executed electronically by clicking the “Accept” button or similar prompts provided on the Service’s interface. This electronic acceptance shall have the same legal effect as if you had physically signed the Agreement. Your continued use of the Service constitutes your acceptance of these terms. Infiltrate reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
Service Description:
Infiltrate offers an automated platform designed to conduct security assessments of websites. The Service utilizes various tools and techniques to identify potential security vulnerabilities and weaknesses in users’ websites. The Service includes, but is not limited to, conducting automated scans and tests to evaluate the security posture of the website provided by the user. These evaluations may include penetration testing, vulnerability scanning, and other related security assessments. The Service is intended to provide an overview of potential security issues and is not a comprehensive assessment of all security aspects of the user’s website. The effectiveness of the Service is dependent on the accuracy and completeness of the information provided by the user. The Service does not guarantee the detection of all vulnerabilities or security issues. You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. Infiltrate reserves the right to modify, suspend, or discontinue the Service or any part of it at any time and without notice. This includes updates and improvements to the Service, as well as changes in the tools, techniques, and methodologies used to perform security assessments. While Infiltrate strives to ensure the Service is available continuously, there may be instances when the Service is interrupted, including, but not limited to, maintenance, repairs, updates, or network failures. Infiltrate disclaims any liability for any interruption, suspension, or termination of the Service.
User Obligations:
You agree to use Infiltrate (“the Service”) on non-production environments in compliance with all applicable local, state, national, and international laws, rules, and regulations. You shall not use the Service for any illegal purposes, nor shall you violate any laws in your jurisdiction or infringe upon the rights of others. You affirm that you are the legal owner or are duly authorized to conduct security testing on the website you submit to the Service. You will provide truthful and accurate information regarding your ownership or authorization to use the website. You agree to use the Service responsibly and ethically. You shall not interfere with or disrupt the integrity or performance of the Service or the data contained therein. You shall not attempt to gain unauthorized access to the Service or its related systems or networks. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to immediately notify Infiltrate of any unauthorized use of your account or any other breach of security. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Infiltrate. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Service. If you discover any security-related issues or vulnerabilities related to the Service, you agree to responsibly report these issues to Infiltrate as soon as possible. You agree to indemnify and hold harmless Infiltrate and its affiliates, officers, agents, and employees from any claim or demand made by any third party due to or arising out of your violation of these User Obligations, or your violation of any law or the rights of a third party.
Indemnification:
You agree to indemnify, defend, and hold harmless Infiltrate, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Indemnification is particularly applicable in cases where your use of the Service leads to a violation of these Terms and Conditions, any law or regulation, or the rights of a third party. In the event of any claim for which Infiltrate seeks indemnification, Infiltrate reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will cooperate with Infiltrate in asserting any available defenses. You must promptly notify Infiltrate of any claim or proceeding that falls under this indemnification clause. Failure to promptly notify may not relieve you of your indemnification obligations unless the delay materially prejudices the defense of the claim. You shall not settle any claim without the prior written consent of Infiltrate, which shall not be unreasonably withheld, conditioned, or delayed. Indemnification obligations under these Terms and Conditions shall survive the termination or expiration of these Terms and Conditions and your use of the Service.
Limitation of Liability:
Infiltrate and its affiliates, directors, officers, employees, agents, suppliers, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event will Infiltrate’s aggregate liability for all claims relating to the Service exceed the greater of $100 CAD or the amount you paid Infiltrate, if any, in the last 12 months. Infiltrate does not guarantee that the Service will function without interruption or errors in functioning. In particular, the operation of the Service may be interrupted due to maintenance, updates, or system or network failures. Infiltrate disclaims all liability for damages caused by any such interruption or errors in functioning. Infiltrate is not responsible or liable for the accuracy, usefulness, safety, or intellectual property rights of or relating to any user content. You acknowledge any reliance on the material or data gathered through the Service is at your own risk. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. You acknowledge that Infiltrate has set its prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability specified herein, which allocate the risk between you and Infiltrate and form a basis of the bargain between the parties.
Intellectual Property:
All content on Infiltrate, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the exclusive property of Infiltrate or its licensors and protected by Canadian and international copyright and intellectual property laws. The look and feel of the Service, including all custom graphics, button icons, and scripts, are the service mark, trademark, or trade dress of Infiltrate and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Infiltrate. If any user of the Service posts or transmits any content or information of any type, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall be considered non-confidential and non-proprietary. Infiltrate shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service. Specifically, you agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, file formats or programming interfaces of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The trademarks, logos, and service marks displayed on the Service are the property of Infiltrate or other third parties. You are not permitted to use these Marks without the prior written consent of Infiltrate or such third party which may own the Mark. Infiltrate respects the intellectual property of others and asks that users of our Service do the same.
Changes to the Terms:
Infiltrate reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. The most current version of these Terms will govern the use of your use of the Service and will be available on the Infiltrate website. When changes are made, Infiltrate will make a new copy of the Terms and Conditions available at the website and any new supplemental terms will be made available from within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms and Conditions. You are responsible for regularly reviewing the most current version of the Terms and Conditions. Your continued use of the Service after the date of any changes to the Terms and Conditions constitutes your acceptance of the new Terms and Conditions. In the case of material changes to the Terms and Conditions, Infiltrate will endeavor to provide at least 30 days’ notice prior to any new terms taking effect. Such notice may be provided through the Service interface, or through other means such as email notification, or a prominent notice on our website. If you disagree with the changes to these Terms and Conditions, you should discontinue your use of the Service. Your continued use of the Service after the date such changes become effective constitutes your agreement to be bound by the revised Terms and Conditions.
Privacy:
Infiltrate is committed to protecting your privacy. This privacy clause outlines our practices concerning the collection, use, and disclosure of your personal information. When you use the Service, we may collect personal information that you provide, such as your name, contact information, and website details. Additionally, we may collect information about your usage of the Service, including but not limited to, traffic data, location data, and other communication data. The information we collect is used to provide, maintain, and improve the Service, to personalize your experience, and to communicate with you about the Service. We may also use the information for internal purposes such as auditing, data analysis, and research to improve Infiltrate’s products, services, and customer communications. Infiltrate will not sell, rent, or lease your personal information to third parties. We may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (i) comply with a legal obligation, (ii) protect and defend the rights or property of Infiltrate, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability. We take reasonable steps to protect the information we collect from you from unauthorized access, alteration, disclosure, or destruction. We implement various security measures including, but not limited to, encryption and secure server hosting to safeguard the confidentiality of your personal information. You may have rights to access, update, or delete the personal information we hold about you. If you wish to exercise these rights, please contact us on the Contact Page of our Website. Our privacy practices may change from time to time. If we make any material changes, we will notify you by email or by means of a notice on the Service prior to the change becoming effective. If you have any questions about this privacy clause or our treatment of your personal information, please write to us by email at [email protected].
Governing Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. In the event of any dispute, claim, question, or disagreement arising from or related to this Agreement or the breach thereof, the parties hereto shall first attempt to settle the dispute by mediation administered by a mutually agreed-upon mediator in the Province of Ontario. Each party will bear its own costs in mediation and will share equally the fees and expenses of the mediator. If mediation does not resolve the dispute, then the dispute shall be resolved by binding arbitration administered by a mutually agreed-upon arbitrator in accordance with the Arbitration Act, S.O. 1991, c.17, of Ontario. The arbitration shall be conducted in the English language, and the decision of the arbitrator shall be final and binding on the parties. The costs of arbitration, including administrative fees and arbitrator fees, shall be shared equally by the parties unless the arbitrator’s decision provides otherwise. Any dispute not resolved by mediation or arbitration shall be brought before the competent courts located in Ontario, Canada. The parties agree to submit to the exclusive jurisdiction of these courts for the purpose of litigating any such dispute. Notwithstanding the above, Infiltrate may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Both parties hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms and Conditions. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.