Terms of Service
TERMS & CONDITIONS FOR
THE USE & SUBSCRIPTION OF THE HakTrap AUTOMATED THREAT DEFENSE PLATFORM (ATDP)
Last Updated: December 1, 2019
1. ACCEPTANCE OF TERMS & CONDITIONS OF USE AND SUBSCRIPTION.
2. LENGTH OF INITIAL TERM; CANCELLATION.
These SUBSCRIPTION TERMS shall begin on the date of purchase of the use and subscription of the HakTrap Automated Threat Defense Platform (ATDP) from HakTrap or one of its authorized partners. The Initial or subsequent annual or monthly Term, as agreed with HakTrap or its authorized partners, is non-cancelable during such agreed Term. Subsequent to the initial annual or monthly Term, CUSTOMER may cancel subsequent automatic Term renewal, upon 30 days’ notice to HakTrap or its authorized partners. Until any such notice of termination is made by CUSTOMER, the parties agree that the Term shall renew successively.
3. RIGHTS ON DEFAULT.
The rights and remedies of HakTrap provided by law and these SUBSCRIPTION TERMS shall be cumulative in nature. HakTrap shall be obligated to re-subscription the equipment, or otherwise mitigate the damages from the default, only as required by law.
4. OPTION TO RENEW.
If the CUSTOMER is not in default upon the expiration of these SUBSCRIPTION TERMS, the CUSTOMER shall have the option to renew this Subscription for a similar term on such terms as the parties may agree at the time of such renewal.
5. SERVICES AND EXCLUSION OF HAKTRAP AUTOMATED THREAT DEFENSE PLATFORM (ATDP):
The following services are included:
See Appendix A for a full list of Services provided by the HakTrap Automated Threat Defense Platform (ATDP).
The following service are excluded:
The HakTrap Automated Threat Defense Platform (ATDP) does not provide anti-virus or endpoint protection. Accordingly, HakTrap recommends that CUSTOMER have all computers, servers or other electronic devices be protected by appropriate anti-virus software.
6. CARE AND OPERATION OF EQUIPMENT.
The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any. Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by or meeting the specifications of HakTrap are used. If persons other than HakTrap’s representatives perform maintenance or repairs, and as a result further work is required by HakTrap to restore the equipment to operating condition, such repairs will be billed to CUSTOMER at HakTrap’s time and material rates then in effect.
CUSTOMER shall make no alterations to the equipment without the prior written consent of HakTrap.
8. MAINTENANCE SUPPORT AND MONTHLY REPORTS.
HakTrap will provide technical support for the HakTrap Automated Threat Defense Platform (ATDP) during normal business hours Monday thru Friday.
HakTrap will send monthly reports by e-mail to CUSTOMER’S designated point of contact. The monthly reports will include relevant historical information about the HakTrap Automated Threat Defense Platform (ATDP), the traffic flows thereto/from, any attacks or other threats identified and prevented.
9. PROPRIETARY RIGHTS.
All right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the HakTrap Automated Threat Defense Platform (ATDP), and any software thereby incorporated therein, and the methods by which the Services are performed and the processes that make up the Services, shall belong solely and exclusively to HakTrap. Subject to HakTrap’s receipt of payment in full for the applicable Services, HakTrap grants CUSTOMER a non-exclusive, non-transferable, royalty-free right to use the HakTrap Automated Threat Defense Platform (ATDP) solely (i) at the place of CUSTOMER’s residence; and (ii) for CUSTOMER’s internal use.
The CUSTOMER shall not assign or sublet any interest in this Subscription Agreement without HakTrap’s prior written consent.
11. CUSTOMER & SYSTEM DATA.
In connection with your use of the HakTrap Automated Threat Defense Platform (ATDP), and any software thereby incorporated therein, HakTrap may obtain, receive, and/or collect data or information, including system-specific data (collectively, the “Data”). CUSTOMER grants HakTrap (i) a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works of the Data solely to provide the Services; (ii) a license to aggregate and use the Data in an anonymous manner in support of HakTrap’s marketing and sales activities; and (iii) the right to copy and maintain the Data on HakTrap’s or its suppliers’ servers as necessary to provide the Services. CUSTOMER represents and warrants that CUSTOMER has obtained all rights, permissions, and consents necessary to use and transfer the Data within and outside of the country in which CUSTOMER is located.
12. LIMITED WARRANTY.
HAKTRAP (INCLUDING HAKTRAP AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; (ii) FOR ANY THIRD-PARTY PRODUCTS; (iii) FOR THE PERFORMANCE OF OR RESULTS TO BE OBTAINED FROM ANY PRODUCTS OR SERVICES; OR (iv) THAT THE PRODUCTS OR SERVICES WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION OR ERROR.
13. LIMITATION OF LIABILITY.
A) HAKTRAP WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES. EXCEPT FOR CUSTOMER’S VIOLATION OF HAKTRAP’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (i) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS; (ii) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (iii) LOSS OF BUSINESS OPPORTUNITY; (iv) BUSINESS INTERRUPTION OR DOWNTIME; (v) THE PRODUCTS, DELIVERABLES OR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE; OR (vi) THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES.
B) HAKTRAP’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING PRODUCTS AND SERVICES) IN ANY 12 MONTH PERIOD SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY HAKTRAP DURING THE PRIOR 12 MONTHS OF THIS AGREEMENT FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM(S).
C) THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR HAKTRAP’S SALE OF PRODUCTS OR SERVICES TO CUSTOMER AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
CUSTOMER shall defend and indemnify HakTrap against any third-party claim resulting or arising from: (i) its failure to obtain any appropriate license, intellectual property rights, or other permissions, regulatory certifications, or approvals associated with technology or data provided by CUSTOMER, or associated with software or components requested by CUSTOMER to be used with, or installed or integrated as part of the Products or Services; (ii) CUSTOMER’S violation of HakTrap’s intellectual property rights; (iii) any inaccurate representation regarding the existence of an export license or any allegation made against HakTrap due to your alleged violation of applicable export laws; or (iv) CUSTOMER’S transferring or providing access to Data to HakTrap.
15. COMPLIANCE WITH LAWS; EXPORT REQUIREMENTS.
CUSTOMER shall comply with all applicable laws and regulations in connection with its movement and use of the HakTrap Automated Threat Defense Platform (ATDP), and any software thereby incorporated therein. CUSTOMER acknowledges and agrees that the Software as well as related technical data and assistance that may be furnished in the course of the Services may contain encryption or encryption technology and are all subject to legal and regulatory controls and restrictions on export and re-export, including those of the U.S. Department of Commerce. CUSTOMER warrants and represents that the HakTrap Automated Threat Defense Platform (ATDP), and any software thereby incorporated therein, was not furnished to CUSTOMER as a result of an export or re-export or import in violation of US or other applicable laws or regulations, that CUSTOMER is not on any Denied Persons list or other list published by the US Government of parties to whom exports or re-exports of products subject to export controls are forbidden, that no Software is located in or controlled from a site in a Group E country (Cuba, Iran, North Korea, Syria or Sudan), and that CUSTOMER will not use any HakTrap Automated Threat Defense Platform (ATDP), and any software thereby incorporated therein, or technology furnished hereunder or in connection with any Services to further activities in support of development, manufacture or use of nuclear fuel or weapons, missiles, or chemical or biological weapons. CUSTOMER further covenant that CUSTOMER will immediately notify HakTrap if at any time those warranties and representations become no longer accurate. Regardless of any disclosure CUSTOMER might make to HakTrap of an ultimate destination of the HakTrap Automated Threat Defense Platform (ATDP), and any software thereby incorporated therein, CUSTOMER shall not export, either directly or indirectly, any HakTrap Automated Threat Defense Platform (ATDP), and any software thereby incorporated therein, without first obtaining any and all necessary approvals from the U.S. Department of Commerce or any other agency or department of the United States Government is required. CUSTOMER understand and agrees that HakTrap may, without liability or breach, impose certain restrictions and conditions on Services in order to protect against violation of export control laws.
If any portion of these SUBSCRIPTION TERMS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these SUBSCRIPTION TERMS is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of these SUBSCRIPTION TERMS shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.
18. DISPUTE RESOLUTION.
The parties will attempt to resolve any controversies or disputes arising out of or relating to these SUBSCRIPTION TERMS and/or the use and subscription of the HakTrap Automated Threat Defense Platform (ATDP) through negotiations amongst the parties. If the matter is not resolved by such negotiation, the parties will resolve any controversies or disputes arising out of or relating to this Agreement by mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
19. GOVERNING LAW.
These SUBSCRIPTION TERMS shall be construed in accordance with the laws of the State of Nevada, without regard to conflicts of law.
• Threat Detection – detects threats to CUSTOMER’S network by using a signature-based algorithm, a behavioral based algorithm and a combination of both to identify threats. These threats take many forms from simple scanning and port mapping tools to specific targets intrusion attempts. HakTrap firewalls inspect every packet going into and leaving the device so that we can effectively mitigate all known threats.
• Threat Prevention –actively prevents intrusion attempts by taking action on packets deemed to be potential threats. The firewall will either drop the traffic, add the offending IP to a blacklist, deny the packet or a combination of all of these.
• Denial of Service Protection –denial of service protection built in. The HakTrap Automated Threat Defense Platform (ATDP) proprietary algorithm is able to identify a denial of service in under 1 second. The firewall blocks all offending denial of service traffic from entering the client’s network by using a combination of blacklist, packet hold, and packet drop techniques.
• Ransomware Protection –identifies and stops ransomware communication that passes through the network. By blocking the communication to the blockchain/bitcoin and Tor network, and HakTrap’s other proprietary algorithms, the firewall can prevent most known ransomware. Note: As with any new and emerging threat, there is not a 100% identification rate. Although our algorithm and expression engine are highly advanced, HakTrap recommends endpoint protection that is up to date and capable of identifying ransomware.
• Real-time Monitoring and Alerts – has internal and external monitoring software that can detect when the device is under sustained or large attack, when the device is offline due to power or service outage, or when the device is using a large amount of CPU. These factors as well as the metrics of traffic flow allow HakTrap to correlate events and notify the business via email, text message or phone call. Preferred contact method will be selected by the client in the customer portal, account section.
• Automatic Updates –updates will be deployed to the HakTrap Automated Threat Defense Platform (ATDP) through our update engine. Updates are automated from HakTrap and do not require intervention by our clients. Our updates also are seamless and do not require our firewalls to restart. Once deployed the customer HakTrap Automated Threat Defense Platform (ATDP), the newest protection begins immediately.