Welcome to the PentestX, a revolutionary cyber security product by eSecurify Technologies. PentestX offers automated scans, comprehensive vulnerability management, and compliance assurance for proactive protection. Experience effortless scan setup across various digital assets, ensuring full stack protection for websites, web apps, Android, iOS, APIs, networks, and more. Customize your testing approach with multiple scan modes and stay ahead of threats through effective vulnerability management. Gain valuable insights with insightful reporting and earn a publicly verifiable Pentest Certificate upon successful issue resolution. Join our private beta testing to embrace a new era of security excellence, and please take a moment to review and agree to the terms of use outlined below.

Private Beta Testing Terms of Use

This Private Beta Testing Terms of Use (this “Agreement”) is entered into by and between eSecurify Technologies LLP, a limited liability partnership (the “Owner” or “eSecurify” or ”LLP”) duly incorporated under the Limited Liability Partnership Act, 2008, and the individual or entity (hereinafter referred to as the “Customer”, which term shall, unless repugnant to the context, include its legal representatives, successors, nominees, assigns, employees, consultants, contractors, agents or other business users) participating in the Private Beta testing of the product “PentestX” (“Product”), effective as of the date on which you check a box acknowledging your acceptance of this Agreement or execute an order that incorporates this Agreement by reference (the “Effective Date”).

The individual accepting this Agreement hereby represents and warrants that it is duly authorized by the entity on whose behalf it accepts this Agreement.

The LLP and Customer may be referred to herein collectively as the “Parties” or individually as a “Party.” The Parties agree as follows:

Definitions

“Data” refers to all kinds of information which includes without any limitation:

Names and Contact information of the Customer;
Images, software code, Customer-owned intellectual property, and other information, in any form or medium, collected or processed through this Product for its direct or indirect usage to identify security vulnerabilities; and
Information collected and processed through this Product in connection with Customer’s use of the Product, including without limitation information used to identify the source and destination of a communication, activity logs, and data used to optimize and maintain performance of the Product, and to investigate and prevent system abuse.

“Digital Assets” refers to any hardware or software provided by the Customer in the form of but not limited to Website, Web Application, Network, Android Application, iOS Application, Cloud, API, Thick Client, and others to perform the security assessment by accessing the Platform and its services.

“Order” refers to the access provided to the Customer under the Private Beta Testing Program to use the Product:

By providing limited free access;
By providing access through the purchase of any plans listed on the Product’s website by the Customer.

“Platform” refers to the Product website and its services hosted over the internet directly eSecurify or through any third-party services.

“Private Beta Testing Program” refers to the program for Customers who will be selected by eSecurify based on the request received to test and use the beta version of the Product.

“Third-Party Products” means any third-party products provided with, integrated with, or incorporated into the Product, including such products and services used by Customer to import or enable access to Customer Data.

Private Beta Testing Access and Use

The Customer is granted access to and utilization of the Product as part of the Private Beta Testing Program, with no entitlement to transfer such access to third parties. Determination of the Beta Testing Program’s duration and the recipients of access shall be at the discretion of eSecurify.

Customer shall not use the Product for any purposes beyond the scope of the access granted in this Agreement.

Customer shall not at any time, directly or indirectly:

copy, modify, or create derivative works of the Product, whether in whole or in part;
rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or Documentation to any third party;
reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Product, in whole or in part;
remove any proprietary notices from the Product;
use the Product in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
access or use the Product for purposes of competitive analysis of the Product, the development, provision, or use of a competing software service or product, or any other purpose that is to the Product’s detriment or commercial disadvantage;
bypass or breach any security device or protection used by the Product or access or use the Product other than by a Customer through the use of valid access credentials;
input, upload, transmit, or otherwise provide to or through the Platform any information or materials, including Customer Data , that are unlawful or injurious or that infringe or otherwise violate any third party’s intellectual property or other rights, or that contain, transmit, or activate any malicious code; or
use the Product for any activity where use or failure of the Product could lead to death, personal injury, or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.

eSecurify reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Product.

Notwithstanding anything to the contrary in this Agreement, eSecurify may temporarily suspend Customer’s access to any portion or all of the Product if:

eSecurify reasonably determines that
1. there is a threat or attack on any of the Product;
2. Customer’s use of the Product disrupts or poses a security risk to the Product or to any other Customer or vendor of the Product;
3. Customer is using the Product for fraudulent or illegal activities;
4. subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding;
5. eSecurify’s provision of the Product to Customer is prohibited by applicable law; or
6. any Customer Data submitted, posted, or otherwise transmitted by or on behalf of Customer through the Product may infringe or otherwise violate any third party’s intellectual property or other rights;
any vendor of the eSecurify has suspended or terminated the Product’s access to or use of any Third-Party Products required to enable Customer to access the Product.

eSecurify may use commercially reasonable efforts to provide written notice of any suspension or termination to Customer and to provide updates regarding the resumption of access to the Product following any suspension or termination. eSecurify shall use commercially reasonable efforts to resume providing access to the Product as soon as reasonably possible after the event giving rise to the suspension or termination is cured. eSecurify will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer may incur as a result of a suspension or termination.

Notwithstanding anything to the contrary in this Agreement, eSecurify may process the Data:

to manage the relationship with Customer;
to carry out eSecurify’s core business operations or for accounting, audits, tax preparation and for filing and compliance purposes;
to monitor, investigate, prevent and detect fraud, security incidents and other misuses of the Product, and to prevent harm to the eSecurify, the Product, and the Customer;
for identity verification purposes; and
to comply with applicable laws, rules, and regulations relating to the processing and retention of Data to which eSecurify is subject. eSecurify may also process Data to monitor, maintain, and optimize the Product. As between eSecurify and Customer, all rights, title, and interest in and to such Data is owned solely and exclusively by eSecurify.

Customer Responsibilities

Customer is responsible and liable for all uses of the Product resulting from access provided by eSecurify, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions that would constitute a breach of this Agreement. Customer shall use reasonable efforts to make all, who are a part to use the Product directly or indirectly, aware of this Agreement’s provisions and shall cause them to comply with such provisions.

Customer may not upload to the Platform any Customer information it does not have sufficient rights to upload. Customer hereby grants to eSecurify a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use, perform, and display its information and perform all acts with respect to it solely as may be necessary for eSecurify to provide the Platform to both Customer and other end users, including a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, use and display Customer’s information incorporated within the Data for the same purpose.

The customer is responsible for managing any loss of data, downtime of its assets, any other technical instability, and/or such other adversity that may arise as a result of the security assessment of their Digital Assets performed through this Platform.

Customer recognizes that in the relationship between Customer and eSecurify, absolute security of assets cannot be guaranteed at 100%, given that security is a continuous and evolving endeavor.

The customer acknowledges that once the scan license is granted to the user, it is irrevocable for any reason, affirming a firm commitment to this agreement.

eSecurify may from time to time make Third-Party Products available to Customers or may allow for certain Third-Party Products to be integrated with the Platform to allow for the transmission of Customer information from such Third-Party Products into the Platform. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions. eSecurify is not responsible for the operation of any Third-Party Products and makes no representations or warranties of any kind with respect to Third-Party Products or their respective providers. If Customer does not agree to abide by the applicable terms for any such Third-Party Products, then Customer should not install or use such Third-Party Products. By authorizing eSecurify to transmit Customer information from Third-Party Products into the Platform, Customer represents and warrants to eSecurify that it has all rights, power, and authority to provide such authorization.

During the Beta Testing Program, eSecurify will use commercially reasonable efforts to provide Customers with basic Customer support via the Platform’s standard support channels during eSecurify’s normal business hours.

Fees & Taxes

The use of the Platform will be provided with limited free access to the Customer selected by the eSecurify based on the requests received through the Platform. Customers may use the Platform and its services before or after the use or expiry of the limited free access whichever is earlier by making a payment for the listed subscription plan/s on the Platform. Such payment by the Customer shall be non-refundable.

Non-Disclosure Agreement

From time to time during the use of the Platform and its services, either Party may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media that:

is marked, designated or otherwise identified as “confidential” or something similar at the time of disclosure or within a reasonable period of time thereafter; or
would be considered confidential by a reasonable person given the nature of the information or the circumstances of its disclosure (collectively, “Confidential Information”).

Except for Personal Information, Confidential Information does not include information that, at the time of disclosure is:

in the public domain;
known to the receiving Party at the time of disclosure;
rightfully obtained by the receiving Party on a non-confidential basis from a third party; or
independently developed by the receiving Party without use of, reference to, or reliance upon the disclosing Party’s Confidential Information.

The receiving Party shall not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s employees, contractors, and agents who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder (“Representatives”). The receiving Party will be responsible for all the acts and omissions of its Representatives as they relate to the Confidential Information hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required

in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or
to establish a Party’s rights under this Agreement, including to make required court filings. Further, notwithstanding the foregoing, each Party may disclose the terms and existence of this Agreement to its actual or potential investors, debtholders, acquirers, or merger partners under customary confidentiality terms.

The Customer selected shall not reveal or disclose any secrets or such other information which may prove harmful to eSecurify, its Product, and its services to anyone. As this is the beta version of the Product which may have areas of improvement, all discussions about any of the issues shall remain private between the Customer and eSecurify.

Data Security

eSecurify will implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to protect Customer’s Data from unauthorized access, use, alteration, or disclosure.

Intellectual Property Ownership

Customer acknowledges that, as between Customer and eSecurify, eSecurify owns all rights, title, and interest, including all intellectual property rights, in and to the Product and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.

eSecurify acknowledges that, as between eSecurify and Customer, Customer owns all rights, titles, and interests, including all intellectual property rights, in and to the Customer’s Data. Except to fulfill the engagement of the use of Product and its services to the Customer and to provide the Platform to Customer and end users, nothing herein shall be construed as a grant of right to eSecurify of any Customer’s Data.

Feedback

If Customer or any of its employees or contractors or other business users sends or transmits any communications or materials to eSecurify by mail, email, telephone, or otherwise, suggesting or recommending changes to the Product and the Platform, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), eSecurify is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback.

Warranty Disclaimer

THE WEB APPLICATION OR ITS ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH/WITHOUT FAULTS AND WITH/WITHOUT ANY WARRANTY OF ANY KIND. THE LLP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB APPLICATION OR ITS ASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY, AND NON-INFRINGEMENT. ADDITIONALLY, THE LLP SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB APPLICATION OR ITS ASSOCIATED SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE SAME IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

Duration

This Agreement shall remain effective till the Customer avails the services of the Platform.

Termination

Either party retains the right to terminate this Agreement at their discretion, with or without cause, by providing written notice to the other Party, subject to approval by eSecurify.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, whether oral or written, between the parties.

This Agreement may be amended by eSecurify without any prior notice, and such amendments will be effective upon posting on the website. Also, eSecurify reserves the right to terminate the Beta Testing Program at its discretion.

The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision.

For any issues or unlikely event arises, please write to us at [email protected]

Email
[email protected]