eCyLabs Terms of Use

These terms of use (the “Terms”) applies between you as a natural person or a representative of a legal person. The Terms applies to your access and use of the services made available by eCyLabs at its websites and or by other means (the “Services”). By creating an account on the eCyLabs website or use of the Services you agree to be bound by these Terms including the eCyLabs Privacy Policy. If you are accepting these Terms on behalf of another person, a company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these Terms. “you” and “your” refer to you as a natural person or legal person that you represent.

Please read these Terms carefully before using the Services. If you do not agree to these Terms, you shall immediately stop using the eCyLabs Services.

Your Use of the Service

You agree to only use the Services via your own account or via an account created by a company or other legal entity which has expressly authorized you to use its account. You undertake not to use the Services for other purposes than for the purposes which eCyLabs has indicated that the Services are intended for.

The Services contains a test that simulates intrusion and penetration attempts on your website/application (the “Test”). By using the Services you grant eCyLabs permission to perform the Test, including crawling and conducting a penetration test of your website, in order to investigate your website/applications security level.

You are responsible for authorizing and initiating the Test and when you start the Test you are solely responsible for the outcome of the Test and for any inconveniences, interruptions or other negative consequences thereof. Based on general experience of website security, eCyLabs recommends that you monitor the capacity and performance of your site while the Test is being performed and that you back up your website/application and related systems and all data therein before starting the Test. eCyLabs strongly recommends that you run and fully evaluate the Test solely on a test environment of your website/application.

The service has been pre-authorized to perform vulnerability testing vs Amazon Web Services ("AWS"). However, testing is only permitted against EC2 and RDS instances and only for specific instance types. The current list of restricted instance types is maintained on this public page AWS page.

When the Test is completed a report will be created. All your reports will be available and saved for 3 months if you do not choose to delete them manually. For more information about termination of accounts, see "Termination".

Who can use the Services

You may use the Services only in compliance with these Terms, if you are 18 years or older, have the authority to enter into a legally binding contract with eCyLabs and are not barred under any applicable laws or contracts from doing so. eCyLabs reserves the right to request written confirmation regarding your authority to enter into this contract.

User Restrictions

You may only use the services for websites/applications and in systems or environments that you have obtained the explicit consent from the legally authorized owner of the website/application, system or environment to use the services for or in. Any other use is not permitted, void and may be unlawful.

Personal data and Logging of Information

When you register an account on the eCyLabs website you are requested to submit certain personal information. By doing so you consent to eCyLabs processing of your personal information. eCyLabs will treat your personal information as confidential information and will use it for purposes including:

administering the provision of the Service and enhancing your use of the Services,

performing internal tracking and improvements of the Services,

enabling eCyLabs to contact you and analyze the volume and history of your Service usage.

For these same purposes, the Services utilize cookie technology. You may configure your browser to reject cookies, but this may affect your ability to use the Services.

Additionally, and solely for the purpose of administering the system, detect usage patterns and troubleshooting, our web servers will automatically log your standard access information (including browser type, access times/open mail, URL requested, and referral URL). To the extent these logs contain any personal information such personal information will not be used in any way different from that stated above without your explicit permission. eCyLabs may share aggregated and anonymized information with its business partners. Further conditions regarding eCyLabs processing of personal data and information is found in the eCyLabs Privacy Policy.

eCyLabs Provision of the Service

The Services may change over time as eCyLabs modify and add more features. eCyLabs may also stop, suspend, or modify the Services at any time without prior notice to you. eCyLabs may also remove any content or functionality from our Services at our sole discretion.

Prices and Payment Terms

By using the Service you agree to pay all applicable prices and charges for the Service, as specified on the eCyLabs website or in mutually agreed proposal. eCyLabs may change the prices and charges for the Service from time to time and will communicate all such changes in advance on its website.

Subscription fees are payable and drawn from your account in connection with the actual performance of the Services (i.e. each regular scans) in accordance with your order of recurring Services. The payment service provider will store your credit card details to fulfill the payment obligations. When you add your credit card details we will charge your card $0.02 as a pre-authorization to verify that the details you have entered is valid. The transaction is immediately cancelled when we have verified your details.

In the case of payment via invoice the payment will be made for the specified subscription period in advance. All subscription periods are automatically renewed for a new period unless subscription is cancelled.

Unless specified by eCyLabs, prices and charges are exclusive of taxes, levies, or similar governmental charges that may be assessed by any jurisdiction, including without limitation, any export, or local VAT, lease tax, sales, use of goods and service tax and excise duty.

Sharing

The Services provide features that allow you to share your reports with others. It is possible to share both individual reports and complete domain accesses. When you share your reports your email and domain name will be disclosed for the recipient. Please be advised that sharing your reports with others may be associated with serious risks. eCyLabs strongly recommend that you consider carefully what you choose to share or by other means make public. By sharing the reports and information therein you acknowledge that you are aware of the risks associated with such sharing and you are solely responsible for the actions of those with whom you share it with.

Security

The security of the information that you provide or generate, as part of your use of the Service, is of great importance to eCyLabs. The Service is encrypted using SSL technology and all your information, including reports and the content of your logs, is stored on __ located in __ .

When using the Service you are responsible for safekeeping the password and login credentials that you use to access the Services and you agree not to disclose your password to any third parties. You are solely responsible for any activity performed from your account and shall immediately notify eCyLabs of any unauthorized use of your account. You hereby acknowledge that reports and other information generated as part of your use of the Service are likely to contain information that is highly sensitive and should be kept confidential by you and stored at all times to avoid unauthorized access. eCyLabs disclaims any and all liability for the safety of your reports, passwords, login credentials and how the content of your reports are used.

Copyright

eCyLabs respects the intellectual property of others and asks that you do the same. eCyLabs will respond to legally founded notices of alleged copyright infringements properly provided to eCyLabs. eCyLabs reserves the right to delete or disable content or functions that are alleged to cause infringements and to avoid repeated infringements. Our designated agent for notice of alleged copyright infringement of the Services.

#71, Peace Haven IT Park, Unit B, SNV Garden, Ramanathapuram Coimbatore - 641045, TN, India

copyright@ecylabs.website

eCyLabs Property and Feedback

These Terms grant you a non-exclusive, non-transferable, royalty-free, revocable and limited license to personal/internal use of the Services. You may not sell, rent, loan, lease, sublease, assign or otherwise transfer or dispose of the use of the Service in whole or in part, to any third party without the prior written consent from eCyLabs . All software and technology used to provide the Services are protected by laws of both India and foreign countries. No right, title, or interest in or to the Service, trademarks or trade names is granted to you under these Terms.

While eCyLabs appreciates when users send feedback, please be aware that feedback, comments, or suggestions you send to us or post in our forums may be used by eCyLabs without any obligation to you.

Third Party Platforms

The Services may contain services wholly or partially provided by third-parties. You will find the third party services currently used by eCyLabs in the provision of the Service here__. eCyLabs Customers have the privilege to use eCyLabs service to understand Third Party results or customers can directly use Third Party Service with eCyLabs. Please ensure adherence to Third Party (such as VirusTotal) Terms of Service, Check the policies before you submit any personal information to Third Party. eCyLabs does not endorse or assume any responsibility for such third party products and services, their availability, accuracy and content. You are solely responsible for your use of any such websites or resources and any specific terms applicable to them. Also, if eCylabs provide any software under an open source license, such software may be subject to license terms in conflict with these Terms, in which case the open source license terms will apply for your use.

Termination

You can stop using the Services at any time and you may delete your account by sending us a message through any of the in-tool feedback or support forms, following these instructions__ Upon deletion of an account, all specific account information will be deleted. However, domain names and a log-register attributable to each deleted account will be kept for archival and administrative purposes. eCyLabs may also use unidentifiable, aggregated information originating from deleted accounts in its general business operations.

Furthermore, eCyLabs reserves the right to suspend the provision of the Services or to terminate your account at any time, with or without cause, and with or without notice. For example, eCyLabs may suspend or terminate your account if you are in breach of these Terms, or if your use of the Services would cause or risk causing legal liabilities of any kind, or otherwise disrupt others use of the Services. If eCyLabs suspend or terminate the Services or your account, eCyLabs will try to notify you in advance. However, as stated above, there are situations where eCyLabs may have to suspend or terminate your account, or the provision of the Services, immediately without prior notice.

Indemnification

You agree to indemnify and hold harmless eCyLabs, its representatives and employees for any at all claims, disputes, demands and lawsuits that may arise as a consequence of your use of the service. The indemnification also includes an obligation to reimburse eCyLabs for its legal costs, including attorneys’ fees to the counsel of eCyLabs choice.

Warranty Disclaimer and limitation of liability

The service is provided “as-is” without warranties of any kind. You expressly acknowledge and agree that the use of the services is at your risk and thus that the entire risk as to quality, performance, accuracy and result of the use is with you. There are no other warranties, representations, conditions or guarantees of any kind whatsoever, either express or implied by law (in contract or tort) or custom, including, but not limited to those regarding merchantability, fitness for purpose or non-infringement. Without limiting the above, eCyLabs does not warrant that the services will meet your requirements or that the operation or result of the services will be free from interruptions or errors. You acknowledge that by using the service you simulate a real system intrusion and you are aware of and take full responsibility for any consequences thereof, including any consequences attributable to the use of the information contained in reports generated as part of the service.

In no event will eCyLabs be liable for any damage, be it direct or indirect, incidental or consequential, in connection with or arising out of the use of the services or for any harm to websites, applications, systems or environments, loss or corruption of data, or any other damage caused as a consequence from the use of the service.

Modifications and Transfer

eCyLabs may revise these Terms from time to time and the most current applicable version will be posted on eCyLabs website. Revisions to Terms become effective once made available on the website. If a revision in our sole discretion is considered material to you, eCyLabs will notify you (for example via email to the email address associated with your account). Other changes may be posted on our blog or webpage, so please check these pages regularly. If you continue to use the Services after a revision of Terms has become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you should stop using the Services immediately.


eCyLabs may transfer or assign any agreements, rights and obligations under these Terms, in whole or in part, to a third party, without notice, provided that there is no material adverse change to the Services.

Dispute resolution

These Terms, including the Privacy Policy, shall be construed in accordance and governed by the laws of India, without regard to principles of conflicts of laws. Any dispute, controversy or claim arising out of or in connection with these Terms, including the Privacy Policy, or the breach, termination or invalidity thereof, shall be finally settled by the courts of India.

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