Terms & Conditions
Welcome to Ostorlab.co, the website, mobile and online service of Ostorlab, Inc. (“Ostorlab”, “we” or “us”). By placing an order, clicking to accept this Agreement, or using or accessing any Ostorlab Service or related services, you agree to all the terms and conditions of this Terms of Service Agreement (“Agreement”). If you are using Ostorlab Service or related services on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Customer is an entity, this Agreement and each Order Form is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement. Please note that we may modify this Agreement as further described in the amendments section below, so you should make sure to check this page from time to time. This Agreement includes any Order Forms and Service-Specific Terms (as defined below) as well as any policies or exhibits linked to or referenced herein.
Use of Our Service
Ostorlab provides services for automated security testing.
You need to register with Ostorlab and create an account. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Ostorlab immediately of any breach of security or unauthorized use of your account. Ostorlab will not be liable for any losses caused by any unauthorized use of your account. By providing Ostorlab your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
“Affiliate” means any entity which is controlled by, in control of, or is under common control with a party to this Agreement, where “control” means either the power to direct the management or affairs of the entity or ownership of 50% or more of the voting securities of the entity.
“Aggregate/Anonymous Data” means: (i) data generated by aggregating Customer Data with other data so that results are non-personally identifiable with respect to Customer or its Visitors; and (ii) learnings, logs, and data regarding use of the Ostorlab Service.
“Authorized Users” means Customer’s employees and contractors (such as Security agencies or Security consultants) who are acting for Customer’s benefit and on its behalf.
“Confidential Information” means code, inventions, know-how, product plans, inventions, and technical and financial information exchanged under this Agreement, that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed.
“Content” means applications, text, images, videos or other content for the Customer Property that Customer selects for use with the Ostorlab Service.
“Customer Data” means: (i) Content; (ii) Submitted Data; (iii) Visitor Data; and (iv) any other Customer Data specified in the Service-Specific Terms.
“Documentation” means the end user technical documentation created by Ostorlab and provided with the Ostorlab Service, currently available in the Knowledge Base Docs at docs.ostorlab.co.
“Ostorlab Service” means the specific proprietary software-as-a-service product(s) of Ostorlab specified in Customer’s Order Form, including any related Ostorlab Code and Documentation, and excluding any Third-Party Products.
“Ostorlab Technology” means the Ostorlab Service, any and all related or underlying documentation, technology, code, know-how, logos and templates (including in any reports or output obtained from the Ostorlab Service), anything delivered as part of support or other services, and any updates, modifications or derivative works of any of the foregoing, including as may incorporate any Feedback.
“Order Form” means any Ostorlab ordering documentation or online sign-up or subscription flow that references this Agreement.
“Regulated Data” means: (i) any personally identifiable information (other than personal information about Authorized Users); (ii) any patient, medical, or other protected or regulated health information; or (iii) any government IDs, financial information (including bank account or payment card numbers), or any other information subject to regulation or protection under specific laws or regulations.
“Submitted Data” means data uploaded, inputted or otherwise submitted by Customer to the Ostorlab Service, including Third-Party Content.
“Subscription Term” means the initial term for the subscription to the applicable Ostorlab Service, as specified on Customer’s Order Form(s), and each subsequent renewal term (if any).
“Visitor” means any end user of a Customer Property.
“Visitor Data” means the data concerning the characteristics and activities of Visitors on the Customer Properties collected for Customer by the Ostorlab Service, including any data specified in the Service-Specific Terms
Account Registration and use
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to Ostorlab than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) submitting to the Service or to Ostorlab any personally identifiable information, except as necessary for the establishment of your account; (xiii) submitting to the Service or to Ostorlab any information that may be protected under HIPPA (“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented); or (xiv) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability if in our sole determination you violate any provision of this Agreement.
Customer must not (and must not allow any third party to: (i) rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Ostorlab Service to a third party (except Authorized Users); (ii) incorporate the Ostorlab Service (or any portion of it) with, or use it with or to provide, any site, product, or service, other than on Customer Properties owned-and-operated by Customer and as specifically permitted; (iii) publicly disseminate information regarding the findings of the Ostorlab Service; (iv) modify or create a derivative work of the Ostorlab Service or any portion of it; (v) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any Ostorlab Service (including Ostorlab Code), except to the extent expressly permitted by applicable law and then only with advance notice to Ostorlab; (vi) break or circumvent any security measures, rate limits, or usage tracking (such as event tracking) of the Ostorlab Service, or configure the Ostorlab Service (or any component thereof) to avoid sending events or impressions or to otherwise avoid incurring fees; (vii) distribute any portion of the Ostorlab Service other than the Ostorlab Code installed in Customer Properties as specifically permitted; (viii) access the Ostorlab Service for the purpose of building a competitive product or service or copying its features or user interface; (ix) use the Ostorlab Service for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without Ostorlab’s prior written consent; or (x) remove or obscure any proprietary or other notices contained in the Ostorlab Service, including in any reports or output obtained from the Ostorlab Service.
License to You
Subject to the terms and conditions of this Agreement (including any restrictions on any applicable authorization or order form), you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable, license to use the Service solely for your internal business purposes on your (1) web domains or websites, (2) mobile applications and/or (3) other types of platforms or properties as we may support (“Customer Properties”). Ostorlab reserves all rights not expressly granted herein in the Service and the Ostorlab Content.
Licenses to Ostorlab
You expressly grant, and you represent and warrant that you have all rights necessary to grant, to Ostorlab, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, develop, transmit, distribute, modify, reproduce, publically display, and create derivative works of any Customer Data for the purposes of (a) providing the Services, or (b) developing, maintaining, supporting, or improving the Services.
Name and Logo:
You expressly grant, and represent and warrant that you have all rights necessary to grant, to Ostorlab, a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, and distribute your name, logo, or any other identifying words or marks used by and/or associated with you to identify you ( “Your Marks”), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service, to identify you as a customer of Ostorlab or for marketing and publicity purposes.
Ostorlab aggregates Customer Data with other data so that results are non-personally identifiable with respect to you or your Visitors and also collects anonymous technical logs and data regarding use of the Ostorlab Product (“Aggregate/Anonymous Data”). Notwithstanding anything to the contrary herein, such Aggregate/Anonymous Data will be deemed Ostorlab Content (as defined below), which Ostorlab may use for any business purpose during or after the term of this Agreement, including without limitation to develop and improve Ostorlab’s products and services and to create and distribute reports and other materials. For clarity, this does not give Ostorlab the right to identify you as the source of any Aggregate/Anonymous Data without your prior written permission.
Feedback and Improvements. You may choose to or we may invite you to submit comments, suggestions, feedback, or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ostorlab under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Ostorlab does not waive any rights to use similar or related ideas previously known to Ostorlab, or developed by its employees, or obtained from sources other than you.
Free Access Subscriptions and Beta Releases
Ostorlab may provide Customer with an Ostorlab Service or Ostorlab Code for free or on a trial basis or as “Free Access Subscriptions” or with “alpha”, “beta”, or other early-stage Ostorlab Services, Ostorlab Code, integrations, or features (“Beta Releases”), which are optional for Customer to use. This Section will apply to any Free Access Subscriptions or Beta Releases (even if Beta Releases are provided for a fee or counts towards Customer’s Scope of Use allocations) and supersedes any contrary provision in this Agreement. Ostorlab may use good faith efforts in its discretion to assist Customer with Free Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in this Agreement, CUSTOMER AGREES THAT ANY FREE ACCESS SUBSCRIPTION OR BETA RELEASES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO BETA RELEASES, CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH OSTORLAB WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF BETA RELEASES ARE AT CUSTOMER’S SOLE RISK. Ostorlab makes no promises that future versions of Beta Releases will be released or will be available under the same commercial or other terms. Ostorlab may terminate Customer’s right to use any Free Access Subscriptions or Beta Releases at any time for any reason or no reason in Ostorlab’s sole discretion, without liability.
Ostorlab's Proprietary Rights
As between you and Ostorlab, Ostorlab and its licensors exclusively own all right, title and interest in and to the Service, including without limitation any improvements thereto, updates, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights (the "Ostorlab Content"), and all Intellectual Property Rights related thereto and derivative works of the foregoing. Except as expressly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Ostorlab Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, " Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
Your Proprietary Rights
Customer Properties. As between you and Ostorlab, you own all right, title and interest in and to the Customer Properties and Customer Data and all data and content embedded thereon or contained therein (excluding the Service), and any Intellectual Property Rights for any of the foregoing embodied therein. “Customer Data” means any Visitor Data, or customer profile information provided by you to Ostorlab.
Visitor Data and Reports. When you use the Services, Ostorlab collects certain technical information about visitors to Customer Properties (each, a “Visitor”) including, but not limited to: unique identifiers, device and operating system information, date and time of visit, and test and conversion information (“Visitor Data”). For clarity, the Service does not collect information Visitors may enter into online forms on Customer Properties (e.g. usernames, passwords, etc.).
You acknowledge and agree that you shall be responsible for paying all fees due for the full term of your subscription, whether you cancel such subscription prior to the end of such term. You may cancel your Ostorlab account at any time; however, there are no refunds for cancellation.
Payment Information; Taxes
All information that you provide in connection with any purchase of the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You shall pay all applicable subscription fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Ostorlab by any authority in connection with or arising from the Service and/or this Agreement, excluding taxes based upon Ostorlab’s net income. You shall pay each invoice issued by Ostorlab by the applicable due date and in the currency specified by Ostorlab. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less. Ostorlab reserves the right to suspend your account for late or non-payment.
Last updated 24th March 2022