The Terms of Service govern the use of Fourcore Labs Private Limited (Company)’s website and the content contained therein. All Users/Organizations/Visitors of the Portal who may or may not be registered on the website are expected to adhere to the Terms of Service (TOS) of the said website. When any user uses this website, then they acknowledge to have read the Terms of Service and accept that they will be bounded by the terms hereof and such terms as may be modified from time to time.
Any information and content featured on this website may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of the Company; except that you may download the content or test from this system to any single computer, provided, you keep intact all copyright, trademark, and other proprietary notices; and wherever the information is being published, reproduced, or issued to others, the source must be prominently acknowledged. The information on the portal should be reproduced accurately and must not be used in a derogatory manner or a misleading context.
Access to the Company’s services/ products, platform and any other material (whether written oral), deliverables provided by the Company under this TOS is provided to Customer subject to the terms of this TOS. This TOS forms a legally binding contract between Customer and the Company in relation to Customer’s use of the Platform.
The Platform also includes all enhancements, modifications, additions, translations, compilations, or other software delivered to Customer by the Company hereunder and any/all printed and electronic documentation provided with the Platform.
If Customer is agreeing to be bound by this TOS on behalf of its employer or other entity, Customer represents and warrants that it has full legal authority to bind its employer or such entity to this TOS. If Customer does not have the requisite authority, it may not accept the TOS or use the Platform on behalf of its employer or other entity.
Subject to Customer’s compliance with the terms and conditions of this TOS and any technical guidelines as will be provided by the Company from time to time, the Company hereby grants Customer the right, during the term of this TOS, to install the “Agent” (software) on its organization’s systems and to access and use the Platform for the sole purpose of conducting such number of cyber security testing simulations detailed in the License Certificate provided to the Customer (the “License Certificate”), or as detailed in the description of the Free Trial for Customer’s organizations systems in order to validate its current security posture. Use of the Platform for any other purpose shall require the Company’s prior written consent and shall be subject to such terms (including pricing) to be separately agreed.
Customer shall not make any copies of the Platform and is expressly prohibited from providing the Platform or any portion thereof, or access thereto, to any third party, except as otherwise agreed to by the Company in writing.
As part of the Platform, the Company shall grant Customer a limited, revocable, non-exclusive and non-transferable Agent (software) to install during the term of this TOS on Customer’s organizations systems for the purposes stated herein.
Customer is solely responsible for providing equipment, infrastructure, servers and all third-party software and licenses required for running the Platform. Customer is responsible for all fees charged by third parties related to its access and use of the Platform (e.g., charges by internet service providers). If any IP addresses, hosts, facilities or web applications are owned or hosted with a service provider or other third party, it will be necessary for Customer to obtain permission from that party before using the Platform in writing or through email. Customer hereby represents and warrants that it has or will obtain prior to using the Platform any authorizations and consents required in order to use the Platform and shall, if requested by the Company, provide written evidence of such consent to the Company.
The Company may make modifications, additions and upgrades to the Platform, as it deems necessary. The terms of this TOS will apply to any updates that the Company may make available to Customer unless the update is accompanied by a separate license, in which case the terms of that license will govern. Customer agrees that updates may require it to change or update its systems, and may affect its ability to use, access or interact with the Platform.
The Company shall make commercially reasonable efforts to ensure that the Platform will be accessible and functional on a continuous basis, with the exception of scheduled maintenance periods in accordance with its Service TOS. The foregoing notwithstanding, Customer acknowledges and agrees that the Platform may be inaccessible or inoperable at any time and for any reason, including without limitation due to equipment malfunctions, unscheduled maintenance or repairs, or causes that are beyond the Company’s reasonable control or not reasonably foreseeable by the Company, including without limitation interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
If the Platform becomes inaccessible or is not fully functional, other than due to scheduled maintenance, the Company shall have qualified personnel respond and endeavour to remedy such unavailability or failure of functionality as soon as reasonably possible.
In using the Platform, Customer will adhere to all applicable laws regarding the transmission and distribution of information or material over the internet and will otherwise adhere to generally accepted standards of internet usage.
Except in the event of a Free Trial, Customer will pay the Company a subscription fees for the Platform in accordance with the commercial terms set forth in the Commercial Terms Form or such other order form executed between the Company and the Customer (“Fees”). The Fees shall be paid regardless of actual use of the Service and shall be non-refundable.
Any payments by Customer that are not paid on or before the date such payments are due under this TOS shall bear interest of one percent (1%) per month. Interest shall accrue beginning on the first day following the due date for payment. In addition, and without derogating from any other remedies available to the Company, The Company may:
- If the non-payment of an invoice continues for a period of 30 days from the date of invoice – suspend the defaulting account from the Platform. Customer will not be able to login to the account and analytics and alerts will be disabled till the payment is made or both the parties reach to some mutual conclusion.
- If the non-payment of an invoice continues for a period of 90 days from the date of invoice – terminate the TOS. All account data and history shall be permanently deleted.
TERM AND TERMINATION
Except in the event of a Free Trial, the term of this TOS shall be set in the License Certificate (the “Initial Term”). The Initial Term will be automatically renewed for a period equal to the previous Subscription Term or one year (whichever is shorter) on the same terms and conditions as mentioned in this document or other terms mutually and exclusively agreed between the Customer and the Company in writing, unless either party notifies the other in writing not less than thirty (30) days prior to the expiration of the then current term of its intention to terminate. Both the Initial Term and any renewal term are subject to earlier termination as otherwise provided herein. Either party may choose not to renew this TOS without cause for any reason. The Company reserves the right to increase the Fees at the beginning of each Subscription Term.
The Company may terminate this TOS immediately upon written notice to Customer if Customer have materially breached this TOS or if Customer fails to make any timely payment of the Fees.
Upon termination, all rights and obligations pursuant to this TOS including any licenses shall immediately terminate, except for any provisions of this TOS that are intended by their nature to survive termination, including Sections “Term and Termination”, “Intellectual Property rights”, “Confidential Information”, “Limitations on use”, “Disclaimer of Warranties”, “Limitations on Liability” and “General” hereunder, which shall survive the expiration or termination of this TOS.
INTELLECTUAL PROPERTY RIGHTS
The Company’s website trademarks and copyrights may not be used in connection with any product or service that is not related to the portal, in any manner that is likely to confuse customers, or in any way that disparages or discredits the Company’s website. All other trademarks and logos used in this system are the trademarks or logos of their respective owners. Users gain no right to use any representations of the Company or Company’s website or any other entity by virtue of the use of this system.
Nothing in this TOS gives Customer a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Customer acknowledges and agrees that the Platform was developed at considerable time and expense by the Company and contains valuable trade secrets and confidential information of the Company. Accordingly, Customer agrees to maintain the confidentiality of any proprietary information received by Customer during, or prior to entering into, this TOS, including, without limitation, the Platform and any know-how disclosed by The Company, trade secrets and other proprietary information, that Customer should know is confidential or proprietary based on the circumstances surrounding the disclosure, including, without limitation, non-public technical and business information and all other information obtained during the use of the Platform as permitted hereunder (“Confidential Information”). The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of Customer. Customer agrees not to use said Confidential Information for any purpose except as necessary to fulfil their obligations and exercise their rights under this TOS. Customer shall protect the secrecy of and avoid disclosure and unauthorized use of the Company’s five Information to the same degree that it takes to protect their own confidential information and in no event less than reasonable care.
LIMITATIONS ON USE
Customer agrees to use this Platform solely to perform security assessments and other services provided by the Company through the Company’s Platform. Customer agrees to use the Platform’s services to make only legitimate actions. Customer agrees to not abuse the Platform. “Abuse” includes, without limitation, using the Platform to:
- Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law.
- Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
- Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
- Omit or misrepresent the origin of, or rights in, any file Customer download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trade-mark.
- Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information, moreover, provide The Company’s proprietary information to any 3rd party (including: business entities, vendors, integrators etc.).
- Download or upload files that are unlawful to distribute through the Platform.
- Interfere with or disrupt the Platform or servers or networks connected to the Platform, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” the Platform.
- Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at The Company’s computer systems or otherwise, create unreasonable load upon any of The Company’s computer hardware, network, storage, input/output or electronic control devices or infrastructure.
- Transmit any information or software obtained through the Platform, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Platform.
- Falsely use a password or personal identification number during logging into the Account or misrepresent one’s identity or authority to act on behalf of another.
- Violate this TOS in any other manner.
DISCLAIMER OF WARRANTIES
Customer understands that the Platform may use various methods and software tools to probe network resources for security-related information and to detect actual or potential security flaws and vulnerabilities. Customer authorizes the Company through the Platform to perform such security services (and all such tasks and tests reasonably contemplated by or reasonably necessary to perform the security services or otherwise approved by Customer from time to time). Furthermore, Customer acknowledges that use of the Platform could possibly result in service interruptions or degradation regarding its systems and accept those risks and consequences.
WITHOUT DEROGATING FROM THE AFORESAID, THE PLATFORM IS PROVIDED “AS IS”. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE PLATFORM, WHETHER EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, OR FROM A COURSE OF DEALING INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY.
Customer understands that use of the Platform does not constitute any guarantee or assurance that security of its systems, networks and assets cannot be breached or are not at risk. Use of the Platform is an assessment, as of a particular date. Furthermore, the Company is not responsible for updating its Platform including any reports and assessments provided as part of the Platform, or enquiring as to the occurrence or absence of such, in light of subsequent changes to its systems, networks and assets after the date of use of the Platform.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANYONE ON ITS BEHALF BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OR DAMAGES TO GOODWILL, IN CONNECTION WITH THIS TOS REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL AND AGGREGATE LIABILITY TO CUSTOMER FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS TOS, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO THE COMPANY HEREUNDER IN THE 12 MONTHS PRECEDING SUCH CLAIM.
No agency, partnership, joint venture or employment relationship is or shall be created by virtue of this TOS.
The Company may assign this TOS without notice to Customer. Customer shall not assign this TOS or its rights hereunder without the prior written consent of the Company (such consent may be withheld or conditioned at the Company’s sole discretion) and any assignment without the Company’s prior written consent shall be null and void and of no effect. The Company may perform all obligations to be performed under this TOS directly or may have some or all obligations performed by its affiliates, contractors or subcontractors.
The Company may make changes to the TOS as it distributes new version of the Platform. When these changes are made, The Company will make new version of the TOS available on the website where the Platform i made available.
Customer hereby agrees that the Company may identify Customer on the Company’s website(s) and other marketing materials as a user of the Platform.
If this TOS is with the Company Ltd/Inc. or any body corporate or any person, it shall be governed by, interpreted and enforced in accordance with the laws of India, without regard to its conflict of law principles. All actions, suits or proceedings under or related to this TOS shall be adjudicated in the courts of New Delhi, India, and the Parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
All notices permitted or required hereunder shall be in writing and shall be sent by e-mail, or personal delivery, or address as either Party may specify. Notices sent to the Company shall be addressed to FourCore Labs Private Limited (the Company), at D-8/9 G/F, Feroz Shah Kotla Near Indian Express Building, New Delhi, Delhi - 110002 and to Customer’s address as provided by it, or to the address otherwise designated from time to time in writing by the Parties.
Should Customer have any questions concerning this TOS, or if Customer desires to contact the Company for any reason, please direct all correspondence to the Company Support at the mentioned e-mail Id: [email protected]
RIGHTS RESERVED BY THE COMPANY
The Company reserves the right to discontinue the member login (account termination) on account of non-payment of subscription fee or violation of the ‘code of conduct/TOS’ set by itself.
The Company reserves the right to deny, at its sole discretion, any user whatsoever access to the portal or a part thereof.
Notwithstanding our efforts to ensure that the state portal system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others.
Customer may sign up for free trial by checking such option in the Commercial Terms Form or by registering to the Free Trial/ Demo on the Company’s website at: https://fourcore.io
The Free Trial will allow Customer to have a partial access of the Platform for a period of 14 days and such Free Trial shall be provided free of charge.
During the Free Trial Period, either party may terminate this TOS and the use of the Platform by providing a notice to the other party.
Immediately following the Free Trial Period, in the event that the Customer did not purchase a subscription to continue using the Platform, Customer’s Account shall automatically terminate.
REFUND AND CANCELLATION POLICY
Currently, the access to website tools section has a 14 days trial period. Once you register, you will have partial access to the Platform at no cost during the 14 days trial period. After the trial period is over, the user can pay for the tool for uninterrupted usage. The refunds and cancellation will be subject to this policy. All the subscribers will have access to free-resources at all times. There will be certain offerings which will be subject to subscription cost (clearly labelled). Once the subscriber pays for the subscription, the fee will not be refunded under any circumstances. In order to help the subscriber to assess the relevance of the tool or knowledge asset such as reports, the Company will provide a 14 days period. We reserve the right to change the refund & cancellation policy at any time without prior notice. In the event that any changes are made, the revised policy shall be posted on this website immediately.
Customer hereby agrees to provide the Company with feedback concerning the functionality and performance of the Platform, from time to time, as reasonably requested by the Company, including, without limitation identifying potential errors, enhancements and improvements. Any feedback, suggestions, ideas or other inputs that Customer provides to the Company in connection with the Platform, may be freely used by the Company to improve or enhance its products and, accordingly, all rights to such improvements and/or enhancements, howsoever arising, including as a result of any ideas, inputs or information provided by Customer as aforesaid, shall vest solely with the Company.
The Company reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. It also reserves the right to make modifications and alterations in the information contained on the portal without notice.