Terms & Conditions

VALORTECH VULNERABILITY SCANNING SUBSCRIBER AGREEMENT

 

IMPORTANT—PLEASE READ THESE TERMS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING THE VALORTECH VULNERABILITY SCANNING SERVICES. BY USING, APPLYING FOR, OR ACCEPTING THE VULNERABILITY SCANNING SERVICES OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO AND ACCEPT THE TERMS AS PESENTED HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE VALORTECH'S VULNERABILITY SCANNING SERVICES AND CLICK “DECLINE” BELOW. The terms and conditions set forth below constitute a binding agreement between you (“Subscriber” or “you”) and Valortech, which has its principal place of business at 324 E. Wisconsin Ave, Suite 710, Milwaukee, WI 53202. Any failure of Subscriber to abide by this Agreement shall void Valortech’s obligations hereunder.1. Use of the Services1.1.

1.2.

1.3.

1.4.

License. Valortech grants to you a revocable, non-exclusive, non-transferable license to use thevulnerability scanning services, and related services, selected during the registration process including the security scans, logos, audits, and reports (the “Services”) to identify areas of insecurity or vulnerability on a scanned network server, personal computer, or other internet-connected device (each a “System”). You authorize Valortech to perform the Services on the specified Systems.Registration. In order to receive the Services, you must with Valortech. You shall provide full and accurateinformation in all electronic or hard copy documents submitted to Valortech. This information must bepromptly updated if any information changes or ceases to remain accurate. Failure to promptly update information shall be deemed a material breach of this Agreement. Scanning. The Services serve only as a passive conduit to provide the scan and recommended fixes and are not intended to fix, remedy, prevent, or eliminate any vulnerabilities or insecurities. Subscriber is solely responsible for securing and protecting its system. The Services only scan for major known vulnerabilities. A successful scan does not guarantee or ensure that the System is free of all vulnerabilities or insecurities. Changes in Services. Valortech may modify the Services in its sole discretion, including removing, modifying,or updating the specific scans performed. These modifications may be made without notice from Valortech.

 

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      1. 2.1. Obligations. Subscriber shall: (i)Be responsible for the compliance with all laws, regulations, and other restrictions on the distribution or use of the software, including the export laws of the United States;(ii)Be responsible for all equipment and services necessary to receive the Services;(iii)Maintain any confidential information disclosed by Valortech; and(iv)Pay all charges resulting from the use of the Services.

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      3. 2.2. Restrictions. Subscriber shall not (i)Use the Services to engage in any unlawful or prohibited activity;(ii)Use the Services to infringe on the intellectual property rights of a third party;(iii)Interfere or disrupt networks or third parties;(iv)Bypass or violate any policies and procedures of networks connected to the Services;(v)Directly or indirectly, reproduce, sell, lease, rent, transfer, or exploit the Services;(vi)Use the Services to scan domains or attempt to gain access to Valortech's or a third party’s System without the express permission of Valortech or the relevant third party;(vii)Represent that Valortech guarantees any of your products or services;(viii)Use a report generated by the Services for any reason other than obtaining PCI compliance, remedying vulnerabilities on the scanned system, or other internal business purposes; or(ix)Reverse engineer or otherwise derive the processes and source code by which the Services are provided or by which the reports are generated.

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      5. 3.1.

      6. 3.2.

      7. 3.3.

      8. 3.4. Fees. Subscriber shall pay all fees resulting from Services ordered under its account, regardless of any actual use of the Services or if Subscriber’s site passes the vulnerability scans. Prices for the Services are posted on the Valortech website at www.valortech.io/vulnerabilityscans. Valortech may revise its fees at any time by posting an amended fee schedule on the website. Continued use of the Services after an amended fee schedule is posted constitutes Subscriber’s acceptance of the fee changes. Method of Payment. Fees must be paid in advance and are non-refundable. Payment must be made by the credit or debit card designated by Subscriber during the account registration, and Subscriber authorizes Valortech to charge all fees to this credit card. For paid subscriptions, Subscriber’s credit card shall be charged automatically for all fees owed for the Services using the debit or credit card provided during the registration process. Accounts designated as group invoice billing account must be approved by Valortech and will be invoiced on a monthly basis. Billing Issues. Questions regarding fees and charges must be made to Valortech within thirty (30) days of such charge. Failure to use the account is not a basis for refusing to pay any charges. Billing corrections shall be made by providing a credit to Subscriber’s account for future monthly fees or for the purchases of service upgrades. Valortech may deactivate any account that has a disputed charge until Valortech, in its sole discretion, determines the dispute resolved. Rejected Charges. If a fee is rejected by your card issuer (or its agent or affiliate), Valortech may deactivate your account and prevent access to the Services until the fee has been successfully processed.

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2.Subscriber Obligations

3.Fees and Payment

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4.Privacy4.1.

4.2.

4.3.

4.4. Privacy Policy. Valortech shall follow the privacy policy posted on its website at https:www.valortech.io/privacypolicy when collecting and using information from you. Valortech may amend the privacy policy at any time by posting the amended privacy policy on its website. Disclosure. Valortech will disclose information where required by a subpoena, interception order or other lawful process. Valortech may also disclose information when it believes that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect Valortech's rights under this Agreement. Opt Out. You may opt-out of having information used for purposes not directly related to the Services by emailing a clear notice to optout@valortech.io. By clicking “I ACCEPT”, you affirmatively consent to receiving Valortech's and its affiliates’ promotional material. Permissions. You expressly agree that Valortech may transfer reports and other information about use of the Services to the reseller or partner providing or referring the Services to you (if any), any member of the PCI counsel, any law enforcement official, or any affiliate of Valortech.

 

      1. 5.Intellectual Property Rights5.1. Ownership. The Services are being licensed only. Regardless of any use, distribution, or modification by Subscriber, Valortech shall retain all title, interest, and ownership rights in: (i)the Services, including all techniques and ideas embedded therein,(ii)all copies or derivative works of the Services, regardless of who produced, requested, or suggested the copy or derivative work,(iii)all documentation and materials provided by Valortech to Subscriber, and(iv)all of Valortech's copyrights, patent rights, trade secret rights and other proprietary rights.

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      3. 5.2. Intellectual Property. Subscriber may not use the Valortech name, brand, trademarks, service marks, logos, or any other intellectual property in any way except with Valortech's prior written consent. The Services may not be used to post or make accessible any material that infringes the copyright of a third party. If Valortech reasonably believes that the Services are being used in such a manner, Valortech may terminate this Agreement or restrict access to the Services.

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      5. 6.Indemnification. Subscriber shall defend, indemnify, and hold harmless Valortech, its officers, directors, employees, and agents from and against any claims, costs, damages, expenses, losses, legal proceedings, or other liabilities (including, without limitation, reasonable attorneys’ fees) which are brought or threatened against Valortech by any third party as a result of:(i)Subscriber’s negligence or willful misconduct;(ii)false, inaccurate, or deceptive data associated with Subscriber’s account;(iii)Subscriber’s breach of this Agreement;(iv)Subscriber’s use of the Services; or(v)Subscriber’s infringement of the intellectual property rights of a third party.

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When Valortech is threatened with suit or sued by a third party, Valortech may seek written assurances from you concerning your promise to indemnify Valortech. Failure to provide assurance is a material breach of this Agreement. Valortech shall have the right to participate in any defense by Subscriber of a third-party claim related to the Services, with counsel of Valortech's choice at Subscriber’s expense. Subscriber must receive Valortech's prior written consent regarding any related settlement.

7.Exclusion of Warranties.7.1. Internet. The Services are provided over the Internet are subject to the operation of the Internet and telecommunications infrastructures as well as the operation of Subscriber’s Internet connection services, all of which are beyond the control of Sectigo.

7.2. Guarantee Disclaimer; Assumption of Risk. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, NON-

 

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INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. VALORTECH DOES NOT WARRANTTHAT ANY PART OF THE SERVICES WILL (I) MEET SUBSCRIBER’S REQUIREMENTS, (II) BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS, OR (III) FIND, LOCATE, DISCOVER AND REPORT ALL POSSIBLE COMPUTER INSECURITIES AND VULNERABILITIES. VALORTECH DOES NOT WARRANT THAT ANY PROVIDED RECOMMENDATIONWILL CORRECT OR CURE A DETECTED VULNERABILITY. SUBSCRIBER SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

8.1.

8.2.

8.3.

8.4. Term. This Agreement shall commence upon the activation of Subscriber’s account and shall continue until terminated by either Subscriber or Valortech.Termination by Subscriber. Subscriber may terminate this Agreement at any time by sending notice of the cancellation to info@valortech.io Valortech is not responsible for cancellation emails sent to the wrong emailaddress even if Valortech is aware of the email or cancel request. Your account will be terminated within 24hours of Valortech's receipt of your cancellation notice at the proper email address. If you are part waythrough a monthly billing cycle, the remaining days in that cycle are forfeited. Termination by Valortech. Valortech may terminate this Agreement in its sole discretion. Notice of thetermination will be sent to the email address listed in Subscriber’s account. Valortech is not liable for anydamages that may result from termination carried out in accordance with this Agreement. Events Upon Termination. Subscriber shall immediately cease using the Services upon receiving notice of termination of this Agreement. Valortech will not reimburse or refund any unused credits, money, ortime remaining in your subscription plan. Once canceled, Subscriber’s account will not be charged further fees unless outstanding charges exist on the account. Any outstanding charges will remain due and be charged to the provided credit or debit card automatically by Valortech. If the account is an approved groupinvoice billing account, a charge to your credit or debit card will be made for final payment.

9.1.

9.2. Damage Limitation. VALORTECH'S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OR RELATED TO THIS AGREEMENT, UNDER ANY THEORY OR CLAIM, SHALL BE LIMITED TO THE AMOUNT PAID BY SUBSCRIBER FOR THE SERVICES REGARDLESS OF THE TYPE, AMOUNT, OR EXTENT OF ANY ACTUAL DAMAGES SUFFERED. VALORTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, OPPORTUNITIES, REVENUE, SAVINGS, GOODWILL, OR USE OR POSSESSION OF DATA, EVEN IF VALORTECH WAS AWARE OF THE POSSIBILITY OR THE EXISTANCE OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY PROVIDED HEREIN SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. VALORTECH SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY LOSS SUFFERED BY SUBSCRIBER DUE TO USE OF THE SERVICES OUTSIDE INTENDED USE. Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, neither party may bring any action, regardless of form, arising out of or relating to this Agreement more than one (1) year after the cause of action has occurred.

10.1. Force Majeure. Neither party hereto shall be liable for any breach of its obligations hereunder resulting from any event not under the reasonable control of that party. The parties agree that the availability of the Internet and connections made through the Internet are not within the reasonable control of either party.

10.2. Entire Agreement. This Agreement and all other documents referred to herein shall constitute the entire agreement between the parties and shall supersede any other existing agreements between them, whether oral or written, with respect to the subject matter hereof.

10.3. Amendments. Except as otherwise provided herein, Sectigo may revise this Agreement at any time in its sole discretion. Any revisions or change will be effective upon the earlier of the posting of the changes or revisions

 

 

8.Term and Termination

9.Limitation of Liability

10.Miscellaneous

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10.4.

10.5.

10.6.

10.7.

10.8.

10.9. to the Valortech website or upon notification to Subscriber of the change. Subscriber shall periodically review the website in order to be aware of any changes. Subscriber may terminate this Agreement in accordance with Section 8 if Subscriber does not agree to any changes made. By continuing to use the Services, Subscriber accepts any changes made and will be bound by such changes. Waivers. The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party. Notices. All notices shall be in writing and in English. Notices shall be made by first class mail, return receipt requested, sent to 324 E. Wisconsin Ave Suite 310 Milwaukee WI 53202. Notices to Subscriber shall be sent to the email address provided during the registration process. Notices may be sent facsimile transmission provided that all facsimile transmissions are confirmed within 12 hours by a first-class mailed copy of the facsimile transmission. Correctly addressed notices sent by first-class mail shall be deemed to have been delivered 48 hours after posting and correctly directed facsimile transmissions shall be deemed to have been received 12 hours after dispatch. Severability. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable statute or rule of law, then the provision shall be reformed to the minimum extent necessary to cause the provision to be valid and enforceable. If reformation is not possible, then the provision shall be deemed omitted and the balance of this Agreement shall remain valid and enforceable Survival. All provisions of this Agreement relating to confidentiality, disclaimer of warranties, proprietary rights, indemnification, limitation on remedies, and limitations of liability shall survive the termination of this Agreement. Assignment. Subscriber may not assign or transfer any right or obligation under this Agreement without first obtaining Valortech's written consent. Any assignment or transfer of rights or obligations shall be voidable in Valortech's discretion. Valortech may assign this Agreement in its sole discretion. Governing Law and Jurisdiction. This Agreement shall be interpreted and construed under the laws of the United Kingdom without regard to any conflicts of law principles. All claims or legal action must be commenced in the courts of the United Kingdom and both parties agree to the venue of such courts.

10.10. Rights of Third Parties. There are no third party beneficiaries under this Agreement.

 

 

ACCEPTANCE

BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU WILL COMPLY WITH THEM AS PRESENTED HEREIN. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.