BY TICKING THE ‘I AGREE THE TERMS OF SERVICE’ CHECKBOX ON THE CHECKOUT PAGES, THE ENTITY YOU REPRESENT (THE ‘CUSTOMER’) IS AGREEING WITH ZOFIXER.COM TO THE FOLLOWING TERMS OF SERVICE AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.
- Definitions
‘You’, ‘Customer’, ‘Subscriber’ or ‘End-user’ means an individual or a single entity, corporate or other statutory body with legal personality that uses the Service (as defined below).
‘Terms of Service’ or ‘Terms’ mean the terms as per this Service Agreement.
‘Service’ means the Service offered by ZOFIXER.COM, including all the tools and functionality accessed via the web interface or the API (called from the Customer’s computer or a third-party provider).
All ZOFIXER.COM systems that support, offer, or define the ‘Service’ are referred to as ‘Service Infrastructure.’
‘Network Security Audits’ are audits performed to determine network Device compliance with certain published security standards and to disclose security vulnerabilities. These audits may include, but are not limited to, port scanning and port connections, as well as evaluating services by checking versions and responses to specific requests.
‘App Security Audits’ refers to the crawling of a application in order to test forms, application answers, or check the existence of specific files.
‘Device’ or ‘Devices‘ means computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices.
‘Hostnames’ means the name used to identify each Device.
‘URLs’ is the address of a website.
‘IPs’ or ‘IP Addresses’ refers to the address of a Device.
‘Support’ refers to the provision of technical support and remedies on a best-effort basis via any telematic methods selected by ZOFIXER.COM.
‘Confidential Information’ refers to any information supplied by one party to another that is defined as confidential and proprietary in accordance with the terms of this Service Agreement.
Any intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets, and all rights of an analogous type wherever in the world, are referred to as intellectual property rights.
- Ineligible Parties
You are ineligible to subscribe to the Service to the extent permitted by law if
(a) You or Your employees have been convicted for any computer or Internet-related crimes; or
(b) if You are more than sixty (60) days overdue on any monies or amounts owed to ZOFIXER.COM; or
(c) if You are a competitor of ZOFIXER.COM; or
(d) if You are located in a region that is prohibited from using the Service by law; or
(e) if You have already previously been refused the Service by ZOFIXER.COM in the past.
Provided that in any case, ZOFIXER.COM reserves the right to refuse access to any potential subscriber to the Service should ZOFIXER.COM, in its absolute discretion, deem such refusal necessary
2.1 Eligibility
2.1.1 To be eligible for the $300 Credit, you must be a ZOFixer customer.
2.2.2 The $300 Credit is non-transferable and may only be used by the account holder.
- Your Identity and Authority
interaction with the Service You undertake not to impersonate or misrepresent Your affiliation or authorization to act on behalf of any person, corporation, or other organization in any way. All Your personnel using the Service or accepting these Terms certify that they are authorized to act on Your behalf and are authorized by You as a representative of an individual, business, or other legal entity with contractual usage rights granted by an ISP or Web Host, owning or licensed to use any or all IPs and the associated Devices to which You direct the Service to be performed. You agree to work with. - Prohibited Uses
A. Scanning of Third Party Devices
You must never use or instruct the Service to engage with IPs or Devices that you are not specifically permitted to interact with. You must not use the Service in such a way that it places an undue burden on the IPs or Devices with whom you have instructed the Service to engage. You may not, directly or indirectly, use any Service Infrastructure to initiate, propagate, participate in, direct, or attempt any attack, hack, or transmit bandwidth saturation, malicious, or possibly destructive network communications to any Device, whether owned by ZOFIXER.COM or not.
B. Reasonable Usage of ZOFIXER.COM Service
You should not place an unreasonable load on the Service Infrastructure by the usage of the Service or any other methods.
C. Unlawful Activities
You should not use the Service to engage in any illegal conduct, including, but not limited to, computer crime, the transmission or storage of illicit content, or content or software that violates intellectual property and copyright laws.
D. Unauthorized Access
(i) You must not access information on the Service Infrastructure for which you are not permitted, or which is not purposely, openly, and in compliance with the ZOFIXER.COM Privacy Policy. If You get access to information for which You are not allowed, by any means or technique, or for any reason, You must immediately report such access to ZOFIXER.COM and delete any electronic or physical copies of such material. You must report events to [email protected] via email with a return receipt desired.
(ii) Furthermore, You agree not to provide access to the Service by: a) allowing others to use Your account; b) creating an account for someone who is not authorized to perform the role or view the information for which You have granted access; c) creating an account for an ineligible party as defined in clause 2 above; or d) failing to revoke access for those people who are no longer authorized to use the Service for any reason.You agree to alert ZOFIXER.COM promptly of any unauthorized access to Your account or the accounts of individuals over which You have administrative power, including the use of accounts, passwords, or any other breach of security. You will not, under any circumstances, request another party’s password. You will not access someone else’s account, nor will you disrupt, interfere with, or limit the operation of the Services or the enjoyment of others.
Any violation of the aforementioned covenants will result in the immediate termination of the Service and, if necessary, referral to criminal enforcement authorities.
- Support
Support will be provided to You via telematic methods to assist You with Your continuous usage of the Service. Support is accessible at ZOFIXER.COM during normal business hours (CET). ZOFixer may, at its discretion and without participating in any service level agreements with clients, expand Support availability to additional time zones if practicable. - Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS.” ZOFIXER.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. FURTHERMORE, ZOFIXER.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZOFIXER.COM PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. ZOFIXER.COM PARTIES DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY OTHER REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, RELATED TO THE SERVICE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT (OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE) ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOFIXER.COM PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SERVICE AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ZOFIXER.COM PARTIES, AND EVEN IF ZOFIXER.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - Copyright and Intellectual Property
Unless expressly stated otherwise, the Service is protected by copyright and all other relevant intellectual property laws and treaties of the United States and other states, as well as any international treaties. The ownership, copyright, and other Intellectual Property Rights in the Service are owned by ZOFIXER.COM Parties.
This Service Agreement does not grant the Subscriber an interest in or to the Service, but rather a limited right of use that is revocable in accordance with the terms of this Service Agreement. All rights, titles, and interests in and to the Service are owned by ZOFIXER.COM Parties. Except for the rights expressly stated in this Service Agreement, no license or other right in or to the Service is given to the Subscriber. The Subscriber promises to adhere by all relevant laws and international treaties and agrees to notify ZOFIXER.COM of any suspected infringement of ZOFIXER.COM Parties’ Intellectual Property Rights.
- Privacy
You agree that ZOFIXER.COM may collect and utilize technical information that You supply or that ZOFIXER.COM obtains as a result of Your use of the Service. ZOFIXER.COM undertakes not to use this information in a way that identifies You personally. Each party is responsible for adhering to its respective duties under relevant data protection legislation (“DPL”).
You agree that ZOFIXER.COM may refer to Your corporation’s name as one of its clients, both internally and in externally published media, unless You specifically and in writing limit ZOFIXER.COM from doing so. Any further disclosure by ZOFIXER.COM to You or Your firm is subject to Your prior written approval.
- Confidentiality
You agree that the Service and some other contents are confidential in accordance with the terms of this agreement. ZOFIXER.COM Parties’ confidential information includes any and all information related to the Service and/or ZOFIXER.COM Parties’ business that is treated as confidential or secret by ZOFIXER.COM Parties (that is, it is the subject of reasonable efforts by ZOFIXER.COM Parties, as applicable, to maintain its secrecy), including, without limitation:
The Service;
Any and all other information disclosed by ZOFIXER.COM to You orally, electronically, visually, or in a document or other tangible form that is either identified as or should be reasonably understood to be confidential and/or proprietary; and, Any notes, extracts, analysis, or materials prepared by You that are copies of or derivative works of ZOFIXER.COM Parties’ confidential information from which the substance of said information can be inferred or otherwise.
It will be required for You and ZOFIXER.COM to communicate sensitive information during the delivery of Support. The Recipient may use such sensitive information only for the reasons for which it was supplied, and may reveal it only to employees, contractors, or partners obliged to the Recipient under identical confidentiality requirements, and only for those purposes.
Confidential information does not contain information that the Recipient may prove by documented evidence:
Is already lawfully known to or independently produced by the Recipient without access to the private information; Is revealed in non-confidential published documents; Is widely known to the public; or Is received lawfully from any third party without any duty of secrecy.
The Recipient promises not to reveal sensitive information to any third party and to safeguard and preserve any confidential information with the utmost care. Except as specifically stated in this Service Agreement, the Recipient will not use or create copies of confidential information, in whole or in part, without the prior written agreement of the other party. The Recipient may disclose confidential information if required by statute, regulation, or order of a court of competent jurisdiction, provided that the Recipient provides prior notice to the other party, discloses only the minimum amount of confidential information required to be disclosed, and cooperates with the other party in implementing appropriate protective measures. These duties regarding confidential information shall survive the end of this Service Agreement forever. In the event of termination owing to Your breach of the Service Agreement terms, ZOFIXER.COM Parties will be under no obligation to respect Your sensitive information, unless such information is essential for ZOFIXER.COM Parties to protect their own rights and interests.
- Changes in Service
You acknowledge and agree that ZOFIXER.COM may alter or delete the Service at any time in its sole and absolute discretion. ZOFIXER.COM reserves the right to modify, remove, or update any scans, verifications, or authentications conducted by the Service at any time and without warning.
You acknowledge and agree that ZOFIXER.COM may, in its sole and absolute discretion, change or delete the Service as needed. ZOFIXER.COM reserves the right to modify, delete, or update scans, verifications, and authentications conducted by the Service at any time and without warning.
You thus authorize ZOFIXER.COM to conduct Web and/or Network Security Audits on any Devices, IPs, Hostnames, and URLs that you provide. Web and/or network security audits are carried out with the aid of ZOFIXER.COM staff or its appointed contractors and may entail further probing and validation outside the limits of the zofixer.com automated scanning system on occasion. In some situations, exploitation of a vulnerability and/or minimum data extraction from the target server or web application may be carried out to support ZOFIXER.COM’s security audit results or to demonstrate a vulnerability to the Customer.
- Suspension of Accounts or Audits
ZOFIXER.COM maintains the right to suspend the Service being provided to You at any time if, in its sole judgment, such suspension is deemed necessary. ZOFIXER.COM maintains the right to refuse or suspend an audit at any time if it deems it necessary in its sole discretion.Storage of Scan Data
ZOFIXER.COM is only bound to retain all stored data originating from audits for a limited period of one (1) calendar year. - Beta Testing
Should You receive the Service in Beta for a limited time, such Service will be provided to You at no cost, at Your own risk, with no warranty of any kind, “AS IS,” with no guarantees on the storage period of the audit data, and subject to confidentiality as outlined in this Service Agreement, as well as with the clear understanding that You are obliged to provide truthful, accurate, and complete feedback on the Beta version of the Service, with no expectation of compensation. - Indemnity
You undertake to indemnify, defend, and keep ZOFIXER.COM Parties harmless from any claim, loss, demand, or damage claimed by any third party owing to or resulting from Your breach of any provision of this Service Agreement, Your negligent or wrongful conduct, and/or Your violation of any applicable laws. - Limitation of Liability
Regardless of any damages You may incur for any reason (including, without limitation, all damages referred to above and all direct or general damages), the entire liability of ZOFIXER.COM Parties under any provision of this Service Agreement and Your exclusive remedy for all of the foregoing shall be limited to the greater of the amount paid by You for the Service during that calendar year or US$5.00. The aforementioned restrictions, exclusions, and disclaimers shall apply to the greatest extent permissible by applicable law, even if any remedy fails to achieve its fundamental objective. - Term and Termination
If You do not comply with the terms and conditions of this Service Agreement, ZOFIXER.COM may withdraw this Service Agreement without regard to any other rights. - When an account reaches its expiry date, it is deemed terminated or revoked. When Your Account is canceled, You must immediately cease and desist from using the Service. You can easily request to cancel the subscription through the website on the dashboard package page if Your account is activated.
- Entire Agreement
This Service Agreement constitutes the entire agreement between You and ZOFIXER.COM concerning the Service and Support (if any), and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations concerning the Service or any other subject matter covered by this Service Agreement. If any ZOFIXER.COM terms and conditions, policies, or programs for Support contradict with the terms of this Service Agreement, the contents of this Service Agreement will take precedence.
Furthermore, the contents of this Service Agreement shall prevail and govern over any extra or conflicting terms or conditions contained in any document of Yours, whether laid out in a purchase order or alternative agreement, and any such additional or competing terms shall be null and invalid.
If this Service Agreement is translated into a language other than English and there are discrepancies between the translations, the English version will take precedence and control.
This Service Agreement:
You are not permitted to assign. Any alleged assignment shall be declared null and invalid.
You may not alter the Service Agreement, but ZOFIXER.COM may do so from time to time and shall integrate any revised Service Agreement in the most recent version of the Service available at HTTPS://ZOFIXER.COM and may be given upon request.
Constitutes the parties’ entire understanding regarding the subject matter of this Service Agreement and supersedes all prior written and oral agreements, negotiations, and discussions between the parties relating to it; and; Is for the sole benefit of ZOFIXER.COM and You, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or as a result of this Service Agreement.
- Severability
If any part of any provision of this Service Agreement is determined to be unlawful, invalid, or unenforceable, that provision will be applied with the smallest change required to make it legal, valid, and enforceable, and all other terms will remain in effect. The purpose of paragraph headers is for convenience only, and they have no impact or meaning. - Governing Law
This Service Agreement is regulated and construed in accordance with the laws of USA without respect to conflict of law provisions. You agree to submit to the jurisdiction of any court sitting in USA , in any action or proceeding arising out of or connected to this Service Agreement, and that any claims in the action or process may be heard and resolved in any such court. Under the terms of this Service Agreement, there will be no class actions, arbitration, or litigation. ZOFIXER.COM has the right to seek injunctive remedies in any court of its choosing. You hereby consent to the exercise of personal jurisdiction over you in such courts. The parties expressly exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from this Service Agreement and any transaction entered into in conjunction with this Service Agreement. This Service Agreement was prepared in English in its original form. The parties hereto expressly waive any legislation, law, or regulation that would offer an alternative law or forum, as well as the right to have this Service Agreement drafted in any language other than English. - Equitable Relief
It is agreed that, due to the proprietary nature of the Service, ZOFIXER.COM Parties’ legal remedies for a breach by You of its obligations under this Service Agreement will be insufficient, and that, in the event of such breach, ZOFIXER.COM Parties shall be entitled to equitable relief, including injunctive relief, without the posting of any bond and in addition to all other remedies provided under this Service Agreement. - No Waiver or Delay
The omission or delay by ZOFIXER.COM to exercise any right granted by this agreement shall not be construed as a waiver of such right. Any express waiver, delay, or failure by ZOFIXER.COM to execute any right under this agreement immediately will not result in a continued waiver or expectation of non-enforcement. - Force Majeure
If a party takes reasonable efforts to perform, it is not responsible under this Service Agreement for non-performance caused by events or situations beyond that party’s control. This clause does not absolve You of the need to make all payments. - Duration of Credit: a) The $300 Credit is valid for a period of 2 months from the date of activation. b) ZOFixer reserves the right to modify or terminate the $300 Credit offer at any time, with or without notice.
- Use of Credit: a) The $300 Credit may only be used for ZOFixer security services as outlined in the offer. b) The $300 Credit may not be used for any other purpose, nor can it be exchanged for cash or transferred to other accounts.
- Billing and Charges a) During the 2-month period, you will not be charged for the services covered by the $300 Credit. b) After the 2-month period, standard charges will apply, and you will be responsible for any fees incurred. By focusing on these sections, you address the specifics related to the $300 credit offer and its use within the terms and conditions.