Effective as of: 3rd January 2023
You understand that failure to read, evaluate or otherwise make Yourself aware of the existence of the provisions of these Terms shall not constitute a valid excuse for failing to comply with any of the obligations contained herein. You warrant that it shall be Your sole responsibility to keep Yourself updated as to any and all modifications or amendments to these Terms, and IRONWASP's duty in this regard shall be limited to making any such modifications or amendments available on the Website.
You further understand, consent and warrant that continued access and use of the Website shall exhibit Your understanding of these Terms and shall constitute valid consent to be bound by these Terms. Should You not agree with these Terms, or lack the required authority as prescribed by law to access and use the Website on behalf of another individual or legal entity, You are required to cease all access and use of the Website, and We shall not be liable for any damage caused to You by such access and use of the Website, and further, You shall be liable, for both compensatory and punitive damages, to Us for any injury caused to Us by Your unauthorised and/or unlicensed use of the Website.
1. Website Services
The Website provides Users the information about the services offered by Us, which include the ability to
conduct scans for web-application vulnerability testing scan and monitor web pages for security issues (“Services”). The Users can access the details of Our Services on the Website. The Services include some tools available for access free of cost by the Users, while other tools pertaining to the Services may require payment for their use (hereinafter, “Tools”). The information, and corresponding links to access the Tools, as well as the payment links for such access, wherever required, can be found on the Website. The use of both categories of such Tools, free or paid, is governed separately by their corresponding licensing agreements, and the terms and conditions contained therein.
2. Access to Website
Your access and use of the Website is conditioned to Your acceptance of the Terms as provided herein. If You do not agree to the Terms or to be bound by them, please refrain from accessing the Website. You hereby agree to provide details relating to Your full name, email address, phone number and/or other details, if required for Your use of the Website. You warrant that the information provided by You, or on Your behalf by Your representative (which shall mean persons to whom You have provided Your account credentials), shall be true and accurate, and IRONWASP shall not be liable for any loss or injury arising out of inaccurate information.
You warrant that You have attained the age of majority in Your jurisdiction. If You have not attained the age of majority, You are required to cease continued use and/or access to the Website, and any further use or access of the Website shall absolve IRONWASP and the Website of any liability arising out of any loss, injury or damage resulting from such use.
IRONWASP warrants that it shall employ its best efforts to ensure the continuous operation of the Website. However, access to the Website may be temporarily suspended owing to extraneous causes, downtimes, site maintenances, or for the introduction of additional features.
3. Collection of Data
The Website requires You to provide certain personal information in order to operate in a smooth and efficient manner, as well as for the purposes of maintaining records, enhancing promotion strategies, enabling targeted advertisements, complying with statutory obligations and/or assisting with the integration of third-party applications, links, or software that IRONWASP deems intrinsic to the functioning of the Website.
4. User Obligations
You hereby warrant that You shall:
- Use the Website only through authorised channels;
- Use the Website only through authorised channels;
- Provide and/use data or information free from any intellectual property claims and/or proceedings, and otherwise ensure that the date or information made available for the user of the Website is free from any encumbrances;
- Ensure that Your use of the Website is not in contravention to any laws or regulations, as applicable based on your location of access to the Website;
- Report any glitches, disruptions in access, poor performance or any other aspect of the Website, before taking further action so as to allow IRONWASP to amicably resolve any issues;
- Not remove, duplicate, or copy any information and content on the Website;
- Not use the Website or any information contained on it for any unlawful, fraudulent, harmful or illegal purposes or in contravention to applicable data protection regulations.
- Not directly or indirectly alter, remove or attempt to alter or remove any trademark, copyright or other proprietary or legal notices appearing on the Website or in any content appearing on the Website;
- Not circumvent any security or authentication measures employed on the Website. You shall not trace or seek to trace any information about any other user of the Website;
- Not share proprietary information as to the technical or administrative mechanisms employed by IRONWASP in the smooth functioning of the Website.
5. Third Party Services
The Website may contain links to other apps and websites. You understand that these linked sites are not under Our control, and We are not responsible for the contents of such linked sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Us of such parties or any association with such sites or its operators.
6. Intellectual Property
All right, title and interest including all intellectual property rights in the Website and its contents including without limitation, code, texts, logos, designs, images, formats, documents, video, links, graphics, and all other materials published on the Website are the sole and exclusive property of IRONWASP. IRONWASP provides to you a personal, non-exclusive, non-assignable, non-transferable, worldwide, limited license to access the content provided on the Website.
You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the Website or any parts thereof in any manner, without the prior written permission of IRONWASP.
You shall remain the sole owner of any intellectual property individually developed by You outside of the resources provided by the Website, including any texts, logos, designs, images, formats, documents, video, links, graphics, and any related materials. However, You grant IRONWASP the permission to access, upload, copy and make backups of Your content so as to perform any technical maintenance or repairs, or to perform any other required services related to the Website. You also provide a non-exclusive, royalty free, transferable, sub-licensable, worldwide license to IRONWASP to use any feedback or suggestions provided by You, for the purposes of promotion and/or marketing of the Website.
IRONWASP has the right to amend its pricing policy from time to time. IRONWASP shall give you reasonable notice as to any changes in its pricing policy. The use of and access to Tools which require payment from You, are governed separately under the Licensing Agreements entered into for their use, and the terms and conditions contained therein.
IRONWASP shall endeavour to provide a smooth payment process as is reasonably foreseeable. However, in case of glitches, unstable network connections, server latency, or any other factor that may impede a purchase transaction, before, during or after the processing of a purchase transaction, IRONWASP shall not be liable for any loss, damage, duplicate charge, or any other additional amount resulting from such errors.
8. Representations and Warranties
You agree that Your use of the Website shall be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the services and Your use thereof.
We represent and warrant that the services and information on the Website are provided "as is" and IRONWASP and its officers, directors, employees, and agents make no, and hereby disclaim any express or implied, warranties, including, but not limited to, the implied warranties of performance, accuracy, non-infringement, and fitness for a particular purpose. In no event shall IRONWASP be liable to You or Your clients, for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Website.
We make no representations or guarantees and disclaim that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from Our services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any information or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted, or otherwise made available via the Website.
9. Cancellation Policy
You hereby warrant that You shall:
- content provided by You that is harmful, offensive, insensitive, inaccurate, falsely misrepresents, or otherwise damages the reputation of the Website;
- is contrary to the applicable laws of India;
- infringes the intellectual property, right of privacy or right of publicity of any other person, or otherwise purports to be under license from the owner when no license has been issued;
- harasses or advocates the harassment of another person;
- promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libellous;
- offensive to an extent that would cause IRONWASP to lose the support of its suppliers and/or stakeholders.
10. Disclaimer of Liability
To the maximum extent permitted by applicable law, in no event shall We be liable for any direct, indirect, incidental, punitive, special or consequential damages, for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use or inability to use the Website and any loss or damage arising out of or in relation to Acts of God or act of third party that is beyond Our control
IRONWASP will, and You agree and consent to the same, not be liable for any loss, damage or injury caused to any third party as a result of Your access to Our Website. You agree to bear sole responsibility for any loss, damage or injury caused to any person by Your use of the services of the Website, including any content or information provided by You to Us in using Our Website.
We reserve the right to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on Your use of the Website at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Website and will be effective immediately after such posting and thereafter automatically incorporated into these Terms. You hereby agree to be bound by all such additional terms and Your continuous use of the website shall be deemed to be the acceptance of such terms.
You hereby agree to indemnify and hold harmless IRONWASP and its employees, directors, affiliates, associates, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses including reasonable attorney's fees arising directly or indirectly from Your breach of these Terms.
13. Governing Law and Jurisdiction
This Agreement shall be governed, interpreted, and construed in accordance with the laws in force in India and is subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, India.
Any and all disputes under this Agreement shall be referred to a sole Arbitrator, who shall be mutually appointed by the parties. However, if the parties are unable to mutually appoint an arbitrator, such arbitrator shall be appointed by the competent court in Bengaluru having appropriate jurisdiction as per the Arbitration and Conciliation Act, 1996 (as amended from time to time) (“Arbitration Act”). The venue of the arbitration shall be Bengaluru. The proceedings of the arbitration shall be in English. The parties hereby agree that the arbitrator’s award shall be binding on the parties. All costs of such arbitration shall be borne equally between the parties.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.
You acknowledge that You have read and understood this Agreement and You, out of Your free will, unconditionally accept to be bound by the same.
15. Electronic Communications
All communications made between Us and You shall be made through displays on the Website, and it shall be Your duty to avail yourself to such communications made through the Website. You agree that all postings, notices, disclosures, or other communications that We provide to You electronically shall satisfy any legal requirements that such communications be in writing.
Any complaints or concerns with respect to the use of the Website may be addressed to the Grievance Officer, who can be contacted via email at [email protected].
Any complaints or concerns with respect to the use of the Website may be addressed to the Grievance Officer, who can be contacted via email.