Terms of Service

1. Introduction

Welcome to KrakenTech. These Terms of Service ("Terms") govern your access to and use of our website, products, services, and tools (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Given the specialized nature of offensive security tools and services, these Terms include specific provisions related to appropriate use, legal compliance, and ethical considerations. Please read these Terms carefully before using our Services.

2. Acceptance of Terms

By accessing or using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Your continued use of our Services constitutes your acceptance of these Terms. If you do not agree to these Terms, you must not access or use our Services.

3. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the revised Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong password and keep it confidential
• Restrict access to your account
• Notify us immediately of any unauthorized access or use of your account
• Ensure that you log out from your account at the end of each session

4.3 Account Verification

Due to the nature of our offensive security tools, we may require additional verification of your identity and legitimate business purpose before granting access to certain Services. This may include professional credentials, employment verification, or other documentation.

5. Offensive Security Tools - Special Provisions

5.1 Legitimate Use

Our offensive security tools are designed exclusively for:

• Authorized security testing
• Vulnerability assessment and penetration testing
• Security research and education
• Defensive security improvement

5.2 Required Authorizations

Before using our offensive security tools, you must:

• Obtain explicit written permission from the owner of any system, network, or application you intend to test
• Maintain documentation of such authorization
• Comply with the scope and limitations specified in the authorization
• Adhere to all applicable laws and regulations

5.3 Prohibited Uses

You are strictly prohibited from using our offensive security tools for:

• Unauthorized access to systems, networks, or data
• Illegal activities of any kind
• Causing harm to individuals or organizations
• Disrupting critical infrastructure or essential services
• Accessing, exfiltrating, or modifying personal data without authorization
• Any purpose other than legitimate security testing and improvement

5.4 Compliance Documentation

You agree to maintain records of:

• All testing authorizations
• Scope of authorized testing
• Testing activities and results
• Remediation recommendations provided to system owners

We reserve the right to request and review this documentation at any time.

6. License and Intellectual Property

6.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your legitimate security purposes.

6.2 Restrictions

You may not:

• Copy, modify, or create derivative works of our Services
• Reverse engineer, decompile, or disassemble our Services
• Remove or alter any proprietary notices or labels on our Services
• Sell, rent, lease, or sublicense our Services
• Use our Services to develop competing products or services
• Use our Services in any manner that violates any applicable law or regulation

6.3 Ownership

All rights, title, and interest in and to our Services, including all intellectual property rights, remain our exclusive property. Nothing in these Terms transfers any such rights to you.

6.4 Feedback

If you provide feedback, ideas, or suggestions regarding our Services ("Feedback"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate the Feedback into our Services without restriction.

7. User Content

7.1 Responsibility for Content

You are solely responsible for any content, materials, or information you submit, post, or display on or through our Services ("User Content").

7.2 Content License

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and improving our Services.

7.3 Content Restrictions

You agree not to submit User Content that:

• Infringes any intellectual property or other rights of any third party
• Violates any law, regulation, or contractual obligation
• Contains malware, viruses, or other harmful code
• Includes sensitive security information that could be misused
• Contains personally identifiable information without proper authorization
• Is false, misleading, defamatory, or fraudulent

8. Payment Terms

8.1 Fees and Billing

Fees for our Services are described on our website or in a separate written agreement. All fees are non-refundable unless otherwise specified or required by law.

8.2 Subscription Services

For subscription-based Services:

• You will be billed in advance on a recurring basis
• You authorize us to charge your payment method for all fees
• Subscriptions automatically renew unless cancelled before the renewal date

8.3 Changes to Fees

We may change our fees at any time. We will provide notice of any fee change by posting the new fees on our website or by email. Continued use of our Services after a fee change constitutes your acceptance of the new fees.

9. Confidentiality and Security Data

9.1 Confidential Information

You may have access to confidential information through your use of our Services, including security vulnerabilities, testing methodologies, and proprietary tools. You agree to:

• Maintain the confidentiality of such information
• Use it only for legitimate security purposes
• Not disclose it to unauthorized third parties
• Implement appropriate security measures to protect it

9.2 Responsible Disclosure

If you discover security vulnerabilities through the use of our Services, you agree to follow responsible disclosure practices, including:

• Notifying the affected system owner promptly
• Providing reasonable time for remediation before public disclosure
• Not exploiting vulnerabilities beyond what is necessary for verification
• Minimizing potential harm to systems and data

9.3 Security Data Handling

You agree to handle all security testing data, including vulnerability information, with appropriate care and in compliance with applicable laws and regulations.

10. Compliance with Laws

10.1 General Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of our Services.

10.2 Export Controls

Our Services may be subject to export control laws. You agree not to export, re-export, or transfer our Services to any country, person, or entity subject to U.S. export restrictions.

10.3 Anti-Corruption

You agree not to use our Services in violation of any anti-corruption laws, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.

10.4 Industry-Specific Regulations

You are responsible for ensuring that your use of our Services complies with any industry-specific regulations applicable to your business or organization.

11. Disclaimers

11.1 Service Provided "As Is"

Our services are provided "as is" and "as available," without warranty of any kind, express or implied. To the maximum extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

11.2 Security Tool Risks

You acknowledge that offensive security tools carry inherent risks, including potential system disruption, data loss, or unintended consequences. You assume all risks associated with using such tools.

11.3 No Guarantee of Results

We do not guarantee that:

• Our services will meet your requirements
• Our services will be uninterrupted, timely, secure, or error-free
• The results from using our services will be accurate or reliable
• All vulnerabilities or security issues will be identified
• Any errors in our services will be corrected

12. Limitation of Liability

12.1 Liability Cap

To the maximum extent permitted by law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use our services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services

12.2 Total Liability

Our total liability for any claim arising out of or relating to these terms or our services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to us for the services giving rise to the claim.

12.3 Exclusions

The limitations of this section will not apply to liability for death or personal injury resulting from our negligence or for any other liability that cannot be excluded or limited by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless KrakenTech and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any unauthorized or improper use of our offensive security tools

14. Term and Termination

14.1 Term

These Terms will remain in effect until terminated by you or us.

14.2 Termination by You

You may terminate these Terms at any time by:

• Ceasing all use of our Services
• Cancelling your account (if applicable)
• Notifying us of your intention to terminate

14.3 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if:

• You breach these Terms
• We suspect unauthorized or improper use of our Services
• We are required to do so by law
• We decide to cease providing any Service

14.4 Effect of Termination

Upon termination:

• Your right to use our Services will immediately cease
• You must destroy all copies of our tools and documentation in your possession
• You must cease all activities authorized by these Terms
• All provisions of these Terms which by their nature should survive termination shall survive

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

15.2 Arbitration

Any dispute arising from or relating to these Terms or our Services shall be finally settled by binding arbitration, under the rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with said rules.

15.3 Venue

The arbitration shall be conducted in [Your City, State/Country], unless we mutually agree to conduct the arbitration by telephone or written submissions.

15.4 Class Action Waiver

Any arbitration shall be conducted on an individual basis, and shall not be consolidated with any other arbitration or proceeding involving any other person or entity.

15.5 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding our Services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, terrorism, riot, embargoes, acts of civil or military authorities, fire, flood, or accidents.

16.6 Notices

Any notices or other communications provided by us under these Terms will be given by posting to our website or by email to the address you provide to us.

17. Contact Information

If you have any questions about these Terms, please contact us at:

KrakenTech

Email: [email protected]

Address: [Your Physical Address]