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Terms of Use
 
Last updated on Tuesday, 21 May 2024
Place: Goa
 
Welcome to violethat.com. This Website is owned and operated by VioletHat Infosec (OPC) Private Limited. By purchasing using our services or our products, you are agreeing to be bound by our terms and conditions.

This User Agreement is electronically generated and does not require any physical or digital signatures. By visiting our website or making any purchase on it, you are consenting to be bound by this User Agreement. Please ensure that you read and understand all the provisions of this document before you start using the violethat.com, as you shall be bound by all the terms and conditions of this electronic contract. If you do not agree or accept any of the Terms and Conditions contained herein, then please do not use violethat’s website or avail any of the services being provided therein.


By visiting our website and accessing the information, threat simulation services, cybersecurity measures services and malware simulation services that we offer, you understand and agree to accept and adhere to the following terms and conditions as stated hereunder, along with the terms and conditions as stated in our Privacy Policy and Cancellation and Refund Policy (please refer to the Privacy Policy link of this Website for more information).

We reserve the right to change the Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review these terms periodically to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Please review the following terms carefully. By accessing or purchasing the Services and products, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.​

  1. Agreement to Terms

    1. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity as a User (hereinafter referred to as “User”, “Subscribers”, or “Customers”) and Us, doing business as violethat (hereinafter referred to as "violethat”, “We”, “Us”, or “Our”), concerning your access to and use of the violethat.com website and the services and products offered as well as any other media form, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. 

    2. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue your use immediately.

    3. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

    4. The users shall provide their financial data and details only after agreeing with the terms of use.

    5. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

    6. The users agree that the services offered through violethat.com are unique kind of cyber security services that needs expertise, violethat.com represents that any cyber security services offered through its website shall not be provided to any users if they are the competitors to the “Hack the Box”, A cyber security learning platform. 

    7. The user agree that the malware simulation service offered by the violethat.com are for organisational purpose only and for the organisations who are looking forward to improve their Cyber Defense system, in no manner the malware simulation service shall be offered for personal use.  
       

  2. User Representations

    1. By using the Site and making any purchase on it, you represent and warrant that: 

      1. all registration, account or billing information you submit will be true, accurate, current, and complete; 

      2. you will maintain the accuracy of such information and promptly update such registration information as necessary; 

      3. you have the legal capacity and you agree to comply with these Terms of Use; 

      4. you are not a minor in the jurisdiction in which you reside; 

      5. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;

      6. you will not use the Site for any illegal or unauthorized purpose; and 

      7. your use of the Site will not violate any applicable law or regulation.

    2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your purchase, account and refuse any and all current or future use of the Site (or any portion thereof).
       

  3. User Conduct and Prohibited Activities

    1. Whether You have made a purchase or are simply browsing the Platform, you hereby agree to fully comply with all applicable laws and to not resort to any unethical practices while using the violethat.com.

    2. Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, financial information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, we shall not be liable for any loss of data or if the user’s device, computer system or any other property is compromised in any manner.

    3. You acknowledge and agree that violethat.com has the right to report any and all such suspicious or illegal activity to the appropriate legal authorities without notice to you.

    4. The Users herein expressly agree that:

      1. Unauthorized hyperlinks to this site or its materials are prohibited without explicit permission.

      2. Use of the website's URL in commercial or non-commercial media without consent is forbidden.

      3. Framing or embedding this site within another site is not allowed.

      4. Users agree to cooperate in removing any unauthorized linking activities and are liable for resulting damages.
         

  4. Services and Products Offered

    1. The Service allows you to strengthen your cybersecurity defenses through tailored threat simulation, as VioletHat crafts custom payloads to assess and enhance your systems against potential threats. You can proactively evaluate your security infrastructure, reducing the risk of cyber-attacks.

    2. The VioletHat Infosec (OPC) Private Limited offers the following services through violethat.com or you may make a purchase in the following area:

      1. Malware Simulation Services

    3. Users, subscribers, or customers without an express written contract are prohibited from commercial or public utilization of the information available on the violethat.com. This includes broadcasting, copying, saving, printing, selling, or publishing any part of this website's content.

    4. By accessing this website, users agree to these terms and acknowledge that unauthorized use is unlawful, potentially resulting in civil or criminal penalties.
       

  5. User Accounts and Registration 

    1. In order to make a purchase, you will need to register for an account (“User Account”) by providing personal information, an email address, password, billing information, delivery address along with ZIP Code, card or UPI details for payment for the delivery of services or products.

    2. You agree and represent to keep your password confidential and will be responsible for all use of your account and password. 

    3. Upon purchasing a malware simulation service and after successful completion of your payment for the purchase; You shall be only liable to access to the Service. The invoice for your purchase shall be provided to you along with the email confirmation.

    4. In addition to the registration process, as part of your purchasing a service or product available on violethat.com, we may obtain certain information about you, some of this information may be Personally Identifiable Information. We may use, maintain, and store this information to provide certain services to you now and in the future, and may share such information with our Affiliates, Delivery Partners or third parties in conjunction with such services, to deliver products or for the purpose of marketing. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties. 
       

  6. Payments Terms

    1. We accept payments through every acceptable legal medium e.g. Debit Card, Credit Card, UPI etc. through third party’s payment gateways. By using the services or making a purchase on violethat.com, you also accept the third-party terms and conditions mentioned on their individual sites. 

    2. You may be required to pay for purchasing to access our services or to buy a product. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the violethat.com. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. GST and other applicable taxes in your respective country will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be made in USD, as we only accept payments in USD.

    3. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

    4. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the violethat.com.

    5. It is the sole responsibility of the user to check the associated terms and conditions related with the purchase, and evaluate the suitability and relevance of the service purchased. The purchase made through violethat.com is non-refundable.

    6. violethat.com does not store any of your credit card information or such other information for processing payment and has partnered with payment gateways for the payment towards the services. 
       

  7. Intellectual Property Rights

    1. Unless otherwise indicated, the violethat.com is [Company]’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    2. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

    3. violethat.com respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.

    4. violethat.com shall not be held liable for the unauthorized use of any third-party IP, and the user that carries out such unauthorized use or infringes any IP available on the Platform shall fully indemnify and hold violethat.com harmless against any and all claims that may arise as a result of such use.

    5. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

      1. a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

      2. a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/Program;

      3. your address, telephone number, and email address;

      4. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and

      5. a statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner's behalf.

    6. For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided at the bottom of this page.
       

  8. Platform Security

    1. You are prohibited from violating or attempting to violate the security of the violethat.com or any other associate Platform of VioletHat Infosec (OPC) Private Limited, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (d) sending unsolicited emails, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.  
       

  9. Submissions

    1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
       

  10. Site Management

    1. We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
       

  11. Privacy Policy

    1. We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is in consonance with these Terms of Use. Please be advised the Site is hosted in India. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you agree to have your data transferred to and processed in India. You may access the Privacy Policy at https://violethat.com/privacy-policy
       

  12. Term and Termination

    1. These Terms of Use shall remain in full force and effect while you use the Site and in case of service or product purchase. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain Ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

    2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
       

  13. Governing Law

    1. These Terms shall be governed by and defined following the laws of India. VioletHat Infosec (OPC) Private Limited and yourself irrevocably consent that the courts of India at Goa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
       

  14. Dispute Resolution

    1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

    2. Binding Arbitration: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Arbitrator following the procedure mentioned in the Arbitration and Conciliation Act, 1996. The seat, or legal place, of arbitration shall be Goa, India. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of India.
       

  15. Indemnification

    1. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

    2. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. 

    3. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Condition of Use; (3) any breach of your representations and warranties set forth in these Terms and Condition of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. 
       

  16. Modifications, Variations & Interruptions

    1. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the violethat administrative console, or by similar means. 

    2. You understand that the materials appearing on the violethat.com may include technical, typographical, or photographic errors. violethat.com does not warrant that any of the materials on our web site are accurate, complete, or current. we may make changes to the materials contained on our website at any time without notice.

    3. If we make a change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).
       

  17. Miscellaneous

    1. These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    2. The data collected is governed by the Information Technology Act, 2000, all the amendments thereto as well as all the relevant legislations and statutes.
       

  18. Contact us

    1. If you have any queries or concerns, kindly contact us using the below mentioned contact info. Any notices or other communications required or permitted in terms of these presents shall be deemed to have been duly served if, (a) delivered in person; or (b) sent by registered or certified mail, return receipt requested, or (c) email; and addressed as follows:
       

VioletHat Infosec (OPC) Private Limited
201, 301, Shanta Building, Opposite Broadway Book Centre, 18th June Road, Santa Inez, Panjim, Goa 403001
Kartik Durg
violethat@violethat.com

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