Welcome to the AntiHACK.me website. Please read these terms and conditions carefully. By accessing the Website, you, the User(s) agree to the following terms with AntiHACK.me.
The Company may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to the Users
The following Terms and Conditions govern the Users use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, the Users agree to be bound by these Terms and Conditions. If the Users do not agree to these Terms and conditions, do not access and/or use this Platform or the Services.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. The Users may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for the Users specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
DEFINITIONS AND INTERPRETATION
In this Agreement, unless the subject or context otherwise requires, the following words and expressions shall have the following meanings respectively ascribed to them:-
"Agreement" means this document in its entirety along with the related parts.
"AntiHACK.me" means AntiHACK.me Pte Ltd, a company incorporated pursuant to the laws of Singapore under the register number UEN 201711075G, with its registered address being at 9 Craig Road, #03-01, Singapore 089669.
"The Company" refers to the above mentioned company, AntiHACK.me
"Customer" means an authorised user of the Website who is interested in obtaining the services of a cybersecurity professional.
"Hacker" means any skilled computer expert that uses their technical knowledge to overcome a problem, specifically in this case, someone who uses bugs and exploits to break into computer systems.
"Intellectual Property" means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layouts, design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
"Losses" means all penalties, losses, settlement sums, costs (including legal fees and expenses on a full indemnity basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
"Personal Data" means data, whether true or not, that can be used to identify, contact or locate the User. Personal Data may include The User's name, e-mail address, country and password.
"The Parties" mean the Company, the Customer and the Hacker collectively though this is in no way binding or an endorsement of each other.
"Platform" means the platform through which companies can engage the services of third party cybersecurity through the AntiHACK.me Website.
"Service" means services, information and functions made available by the Company at the Platform.
"The Users" mean any person or company or other entity that uses any aspect of the Company's services or products including but not limited to the Hackers and The Customers.
"Vulnerability Reports" mean reports that inform the Customers of any potential vulnerability in their systems.
"Website" means the AntiHACK.me Website inclusive of the Platform.
Words denoting the singular may include the plural and vice versa. Words denoting any gender include all genders and words denoting persons include firms and corporations and vice versa.
References in this Agreement to any statutory provisions shall be construed as references to those provisions as respectively amended consolidated or re-enacted (whether before or after the Effective Date) from time to time and shall include any provisions of which they are consolidations or re-enactments (whether with or without amendment).
GENERAL USE OF SERVICES AND/OR ACCESS OF PLATFORM
The Platform is an online venue where the Users can buy and sell Services, specifically to do with cybersecurity. The Users must register for an account in order to access the Platform.As set out in the Clauses below, the Company is not party to any contractual agreements between the respective Users and merely is a facilitator of communications between the parties.
The Users agree:
to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
to ensure that any information or data The Users post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
The aim of the Platform is for the Customers to be able to communicate with cybersecurity experts who may be able to test their security and :
Companies, corporate entities or individuals seeking to test or enhance their cybersecurity;
Companies, corporate entities or individuals seeking to test their skills in finding and fixing known and unknown exploits.
The Users agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time.
The Company reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time, and without notice. Continued use or accessing of this website by users will be construed as an agreement to such revisions.
The Users agree to refrain from the following prohibited or offensive actions:
impersonating any person or entity or to falsely state or otherwise misrepresent the Users' affiliation with any person or entity;
using the Platform for illegal purposes such as the theft of confidential information
attempting to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
promoting or transmitting through the Platform or Services any
with another Users'
utilization of the Platform or Services;
using or uploading, in any way, any software or material that contains, or which the Users have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform's data or damage or interfere with the operation of another Customer's computer or mobile device or the Platform; and
using the Platform other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
The Company may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrades, modifications, suspensions or removal prevent The Users from accessing the Platform or any part of the Services.
The Company reserves the right to:
monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
or restrict access of any Customer to the Platform and/or the
report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
request any information and data from the
connection with the
of the Services and/or access of the Platform at any time and to
exercise our right under this paragraph if the
to divulge such information and/or data or if they
or if the Company has reasonable grounds to suspect that The
provided inaccurate, misleading or fraudulent information and/or
PROGRAMS, BOUNTIES AND FEES
The fees for each bug bounty shall be distributed as follows: eighty per cent (80%) will go to the Hacker with the remaining twenty per cent (20%) going to the Company.
Programs and Bounties are to be considered invitations to treat directed to an unlimited number of registered Hackers for the purposes of fulfilling the required Services (potentially leading up to creating the Vulnerability Report) by one or more Hackers who have accepted the offer.
Any interested Hacker(s) may register on the Platform and then submit an offer for an existing Program or Bounty listed and published by the Customer. Communication is to occur solely within the AntiHACK.me's communication protocols, unless otherwise stated.
Unless otherwise stipulated between the parties, the Customer shall submit payment to AntiHACK.me upon receiving the Vulnerability Report and deeming the submitted product fit. The Service shall further process the Bounties (as forms of monetary compensation for the delivered Vulnerability Report) to the Hacker(s) commissioned for the specific listing within 10 business days after receipt of payment by AntiHACK.me. AntiHACK.me has no obligations of processing any award that is not a monetary payment, nor has any responsibility for delayed payment outside the scope of control of the Service.
The Customer further agrees to pay AntiHACK.me any additional fees listed in any applicable Order Form or otherwise agreed between the Customer and AntiHACK.me.
The Customer is to pay the applicable bounty payments directly to AntiHACK.me within 14 days of the date of an issued invoice by AntiHACK.me, unless stated otherwise within the Order Form. The AntiHACK.me Fees and Bounty Payments are non-refundable, unless expressed differently in these Terms and Conditions.
All overdue amounts payable in accordance with any applicable Order Form or specific Agreement made with AntiHACK.me will incur interest at a rate of 1.5% per month, or the maximal interest rate permitted by law, whichever is less. The Customer shall reimburse AntiHACK.me for costs and expenses in collecting any overdue amounts.
USER TERMS AND CONDITIONS
The Company asserts that The Hackers are not employees, contractors or agents of the Company insofar as they are, but are independent third parties participating in the listed programs by the Customers by using the Platform as a means of communicating with the Customers. The Customer understands and acknowledges that Hackers employed through the Platform are independent parties and are not employees, contractors or agents of the Company in any way.
The risk and responsibility of selecting and using of any the services of any Hackers registered on the AntiHACK.me website lies solely with the Customer. The Company strongly advises the Customer to use due diligence to form an informed opinion prior to commissioning any of the registered Hackers on our Platform.
The risk in using or relying upon any the materials, including but not limited to Vulnerability Reports, received from the Hackers lies solely with the Customer. AntiHACK.me does not, under any circumstances, guarantee, and endorse the reliance, completeness, accuracy or truthfulness of any Vulnerability Report or other material received by the Hackers. AntiHACK.me does not provide, nor has the capacity to guarantee the quality or skill set of registered Hackers. The Company strongly recommends that the Customers use due diligence to form an informed opinion prior to commissioning any of the registered Hackers on the Platform.
The Customer hereby agrees to utilize statutory rights of legal remedies against defective performance only against the individual or group that has caused actual or potential harm to the Customer, and shall refrain from imposing liability of any kind on AntiHACK.me or seek legal remedies from AntiHACK.me in regards to omissions and/or actions made by the party in breach. AntiHACK.me stresses that, as a communication facilitator, it cannot be held liable for any of the contractual obligations solemnized between Hacker(s) and Customer(s), as AntiHACK.me is not a party within the contractual relationship, nor has any bargaining rights in the process of formation of contract, being as highlighted above, solely the facilitator of communication between both parties.
AntiHACK.me does not endorse or promote any Hacker made available for the Customer. AntiHACK.me is not responsible for any damage or harm resulting from the Customer's communications or interactions with Hackers or other Customers, whether within the AntiHACK.me's communication protocols or otherwise. Any revisions, ratings, customer reviews or recommendations are not to be construed nor are intended to be an endorsement made by AntiHACK.me.
AntiHACK.me will, however, attempt to maintain a "leaderboard" of Hackers to allow the Customer to be able to make an informed choice of the reliability or efficacy of the Hackers. This does not mean that The Company, in any way, shape or form, endorses or promotes any Hacker.
LIMITS ON LIABILITY
The Company's maximum liability under this Agreement in respect of the aggregate of all Claims shall not exceed the sum of SGD 1,000 (one thousand).
As stated above, the Company shall not be liable for any Claim arising from any act done by any Third Party.
The Company shall not be liable if the Claim arises from any act done by the Company at and in accordance with the written request of the Users in the due and proper exercise of their fiduciary duties for and on behalf of the Company.
To the extent that any alleged breach of the Warranties is capable of remedy, the Users may allow the Company to remedy the said breach within twenty (20) Business Days of receipt of written notice from the User specifying the alleged breach and requiring its remedy. The remedies in this and sub-section 6.1 are exclusive and not cumulative. The Customer may choose either remedy but not both.
The above limits do not apply to the liability of any Party due to personal injury or death caused by that Party's negligence, wilful misconduct or fraud.
Sole remedies of Customer's: the remedies set out in clause 6 are the customer's sole and exclusive remedies against the Company for non-conformity of or defects in the products.
The Company indemnitees shall not be liable to the users for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with amounts due from other users of the platform in connection with the performance of any service.
The Services and the Platform are provided on an "as is" and "as available" basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform,
that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
the security of any information transmitted by the Users or to the Users through the Platform and the Users accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be the Users or purporting to act under the Users authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
The Company shall not be liable to The Users for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
any access, use and/or inability to use the Platform or the Services;
reliance on any data or information made available through the Platform and/or through the Services. The Users should not act on such data or information without first independently verifying its contents;
any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
use of or access to any other website or webpage linked to the
Platform, even if we or our officers or agents or employees may
have been advised of, or otherwise might have anticipated, the
possibility of the same.
Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at The Users' own risk. The Company shall thus not be liable therefore.
The limitations on liability set out above (Limits on Liability) shall apply in respect of the liability of the Company under this Agreement provided that no provision of the above clauses (Limits on Liability) shall apply to limit or exclude the liability of the Company in circumstances of fraud or wilful concealment by the Company.
. The Company will immediately disclose in writing to the User any information which it becomes aware of, which discloses a real or likely breach of any Warranty.
The Customer, in agreeing to and understanding the above Clauses undertakes that he will not in such events occurring hold the Company, its officers, servants, agents and assigns liable in any way, whether in whole or in part, in law or in equity, for any and all losses or damages he may suffer as a result of his entering into this agreement.
Collection of Personal Data Information
When a Customer registers on the Website, they will be asked to provide certain personal information about their company. This will be limited to the Customer's name, email address, country and password. When entering the Platform, the Customer may also provide their Twitter handle as well as their company slogan.
When a Hacker registers on the Website, they will also be asked to provide certain personal information about their company. This will be their name, email address, country and password. Their registration will also be supplemented by either a short biography, mentioning whatever hacking experience they have or documentary proof of their hacking prowess.
The personal data collected will solely be used by the Company to verify the identity of the Company and for Hackers, their professional reliability.
The Company will retain the abovementioned personal data for the period of your patronage of the Platform or as far as necessary.
The Company is committed to keeping the Customers personal information safe and has the appropriate level of technical, administrative and physical procedures in place to protect personal information from loss, theft and misuse, as well as against unauthorized access, disclosure, alteration and destruction. All this information is encrypted during the transmission of that information using Secure Socket Layer (SSL) technology.
The Users acknowledge and consent to let The Company disclose their personal information to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners, if The Company has reasonable grounds to believe that disclosure of the Users personal information is necessary for the purpose of meeting any obligations, requirements or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, an investigation and/or a request of any nature by such parties. To the extent permissible by applicable law, the Users agrees not to take any action and/or waive the User's rights to take any action against The Company for the disclosure of the User's personal information in these circumstances in accordance with the Personal Data Protection Act 2012.
The Users can contact The Company via dpo[at]antihack.me should they wish to have access to or seek to update, correct or withdraw the consent to collect and use their Personal Data. The email should identify The User and state which Personal Data and information about its use and/or disclosure is requested.
The Parties shall keep confidential and ensure that their respective officers, employees, agents and advisers shall keep confidential all information relating to the customers, business, assets or affairs of the Company or of the Customer(the 'Confidential Information').
Save as set out below, no Party may use for its own purposes or disclose to any third party any Confidential Information of any Party without the prior consent of the disclosing Party.
The Company will not disclose or release any personal information for marketing purposes. Notwithstanding this, the Company may inform the Users, via email, of the latest services and tools that the Company has to offer.
Confidential Information excludes information which is:
publicly available (otherwise than as a result of a breach of this Agreement or any other agreement between the Parties);
independently developed by the relevant Party with the relevant records to demonstrate this.
acquired from a third party where such third party was not in breach of confidentiality obligations;
required to be disclosed by law, regulation or court order; or
disclosed to a either Party's professional advisers.
Each Party shall inform shall agree not to reveal or otherwise release Confidential Information, especially Vulnerability Reports, to any person, state or entity unless with the express permission of the affected Party is sought.
As mentioned in Clause 7.4, The Company reserves the right to be able to disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
Without prejudice to any other rights or remedies which a Party may have, the Parties agree that damages would not be an adequate remedy for any breach of this Clause 8 (Confidentiality) and the remedies of injunction, specific performance and other equitable relief are appropriate for any threatened or actual breach of Clause 8 (Confidentiality).
TERMINATION AND SEVERANCE OF TERMS
If the whole or any part of this Agreement is or becomes or is declared illegal or invalid for any reason, that part shall be severed from this Agreement and the remaining parts of this Agreement shall continue in full force and effect
If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
If in the reasonable opinion of any Party any severance under Clause 9 (Severance of Terms) materially affects this Agreement, the Parties shall discuss and resolve such effect amicably.
The Company reserves the right to terminate the account of any User who is caught in violation of these terms and conditions including but not limited to:
Obtaining confidential information without consent,
Selling of confidential information,
Trading of confidential information,
Posting Confidential Information online
Any other disclosure of confidential information to third parties without proper consent,
Doing any of the above for incentive, monetary or otherwise will result in an immediate blacklisting and an instant termination of the offenders account.
The User irrevocably warrants at all times throughout the time that they are using the Platform , that none of the transactions shall be derived from any unlawful activity with said transactions would be in violation of law.
Each party warrants and represents in favour of the other party that:
it has the power to enter into, exercise its rights and perform and comply with its obligations under this Agreement;
all actions, conditions and things required to be taken, fulfilled and done (including without limitation the obtaining of any necessary Consents) in order to enable it lawfully to enter into, exercise its rights and perform and comply with its obligations under this Agreement and to ensure that those obligations are legally binding and enforceable, have been taken, fulfilled and done;
its entry into, the exercise of its rights and/or the performance of or compliance with its obligations under this Agreement do not and will not violate, or exceed any power or restriction granted or imposed by (i) any law, regulation, authorisation, directive or order (whether or not having the force of law) to which it is subject; (ii) its constitutive documents; or (iii) any agreement to which it is a party or which is binding on it, or its assets;
its obligations under this Agreement are valid, binding and enforceable in accordance with their terms;
no litigation, arbitration or administrative proceedings is current or pending or, so far as it is aware, threatened (i) to restrain its entry into, the exercise of its rights under or the performance or enforcement of or compliance with its obligations under this Agreement; or (ii) which has or could have a material adverse effect on it; and
no steps have been taken by it or its shareholders, nor have any legal proceedings been started or threatened, for its dissolution or for the appointment of any receiver, trustee or similar officer of itself or in respect of its assets.
Any dispute arising out of or in connection with this Agreement shall be governed by and interpreted in accordance with the laws of Singapore and Parties submit to the non-exclusive jurisdiction of the courts of Singapore.
Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.
Our failure to
enforce these Terms and Conditions shall not constitute a waiver of
these terms, and such failure shall not affect our right to later
enforce these Terms and Conditions.
A person or entity
who is not a party to these Terms and Conditions shall have no right
to enforce any term of these Terms and Conditions, regardless of
whether such person or entity has been identified by name, as a
member of a class or as answering a particular description. Neither
will that person have any right under the Contracts (Rights of Third
Parties) Act (Cap 53B) to enforce any term of this Agreement. For
the avoidance of doubt, nothing in this clause shall affect the
rights of any permitted assignee or transferee of these Terms and
If any dispute or claim arises from or in connection with these Terms and Conditions or The Users use of The Users ("Dispute"), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. The Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
In any event and to
the fullest extent permitted by applicable law, The Users may not
make any claim against the Indemnitees under these Terms and
Conditions after one year from the date of occurrence of the matter
giving rise to the claim.
We may seek
immediate injunctive relief if we make a good faith determination
that a breach or non-performance is such that a temporary
restraining order or other immediate injunctive relief is an
appropriate or adequate remedy.
clerical or other error or omission in any acceptance, invoice or
other document on our part shall be subject to correction without
any liability on our part.
The Company shall not be liable for non-performance, error, interruption or delay in the performance of the obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability the Platform if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof, and supersedes all previous representations or agreements, whether written or oral, between the Parties. No amendment or supplement to this Agreement is valid unless made in writing and signed by a duly authorised representative of each Party.
Clauses 6 (Limits on Liability), 8 (Confidentiality), and 11 (Governing Law) survive termination of this Agreement.
Nothing in this Agreement shall constitute a partnership between the Parties. Except as specifically provided in this Agreement, none of the Parties may act as agent for any other party nor shall any Party be held liable for or incur liability in respect of the acts or defaults of any other Party.
In the event of any disagreement or dispute between the Parties arising out of or in connection with this Agreement, it shall be a pre-condition to the instituting of legal proceedings that the Parties mediate the same under the auspices of the Singapore Mediation Centre.
The Users expressly represents and warrants that he/she has had the opportunity to seek and instruct his/her own legal advisors and (if so warranted) has obtained the benefit of legal advice in regard to this Agreement, any and all other documents in connection herewith, and the intentions of the Parties hereto.
In the event of any disagreement or dispute between the Parties arising out of or in connection with this Agreement, it shall be a pre-condition to the instituting of legal proceedings that the Parties mediate the same under the auspices of the Singapore Mediation Centre.