Terms and Conditions - Abricto Security

The below information consists of the General Terms and Conditions advanced by Abricto Security for the Abricto Security Client Portal. These Terms and Conditions are a legally binding contract between Abricto (“Abricto” “We”, “Us”, “Our”), and its Users (“Users”, “You”). Any Individual or Legal Entity acknowledges and agrees that by accessing and using Abricto Properties or Services, they are agreeing to and bound by the Terms and Conditions. Refusal to Agree with the Terms and Conditions voids your right of service, and your only recourse is to stop using the service. These Terms and Conditions are legally binding whether you read them or not.

These Terms include:

Abricto’s Privacy Policy
Additional Terms which may be provided to you in a separate Statement of Work
Any terms provided separately for Services including product terms

By Agreeing to these Terms you agree that:

You are at least 18 years of age or older
You are not prohibited from using or accessing Abricto properties or Services under any Applicable Law
You will comply with these Terms as well as all Applicable Laws

Abricto reserves the right to update the Terms at any time, without notice to you. The most current version of the Terms can be viewed by visiting this page.

Furthermore, if you accept or agree to these terms on behalf of a legal entity such as a company or organization, you assume full responsibility for ensuring you represent and have the authority to bind that company or legal entity to these terms. In such an event, “you”, and “your” refer to and apply to that company and/or legal entity.

Description of Services

Abricto provides access to resources through web properties, application integrations, including tools, communication forums, and product information.

Limitations of Use

Clients and Users acknowledge specific licensing rights:

Unless otherwise specified, no Client or User may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Abricto Services and Properties, information, software, products, intellectual ideas or properties, or services obtained from Abricto.

By accessing the Abricto Security Client Portal and its properties, you agree that the Services and Properties are protected under the copyright, trade secret, or trademark of Abricto. You are granted the right to use the Properties or Services under license as a Client or User, and only for the purpose described by Abricto. Until Termination of this Agreement, Abricto grants you a limited, non-exclusive, non-transferable right and license to use the Services and Properties.

You agree you will not:

Use nor permit any third party to use the Properties or Services in a manner that violates any applicable law, regulation, or these Terms.
Reproduce, modify, copy, trade, lease, resell, rent, lease or distribute the Properties or Services in any way not provided for in this Terms of Service or a separate Order provided by Abricto and agreed upon by both parties.
Decompile, disassemble, or reverse engineer the Properties or Services

Clients – Clients agree to sign and be legally bound by a separate Statement of Work or Master Services Agreement (MSA) in addition to these Terms. The Statement of Work or MSA will stipulate payment details and terms, specific terms regarding the duration of Payment and Services, access rights, and any individual terms as may be agreed upon by both parties.

Clients will be provided with a separate Statement of Work, mutually agreed upon by Abricto and the Client, to cover pricing and additional terms for Services. Until Termination of this Agreement, Abricto grants you a limited, non-exclusive, non-transferable right and license to use the Services and Properties.

Privacy and Personal Information

See Abricto’s Privacy Policy for more information regarding the collection, use, and security of personal information.

Notice of Third-Party Content and Users

Abricto provides a communication, automation, and service platform, the Abricto Security Client Portal, intended to facilitate the distribution of services through communication, tool integration, and provided tooling and services. For this reason, properties, Individuals, and Legal Entities on the Abricto Security Client Portal may constitute third parties that are completely unaffiliated with Abricto. Third-party services, scripts, software, code, links, and offerings are offered, maintained, and guaranteed solely by those third parties and not by Abricto.

In addition, Abricto does not:

Vet, review, or verify the authenticity or quality of third-party services, tools, Legal Entities, or Individuals in any way.
Take responsibility or assume any liability thereof for the actions of any third party which may be using the Abricto Security Client Portal and its Services or Properties.
Guarantee or provide any warranty for the services, tools, or actions of any third party
Users and Members accept sole responsibility for their interactions with third parties on the Abricto Security Client Portal, through following links from the Abricto Security Client Portal, and through any interactions on the Abricto Security Client Portal properties hosted by third parties.

Users may upload their own Content. This may include data, information, materials, text, graphics, images, music, software, audio, video, or works of authorship of any kind which are uploaded, transmitted, posted, generated, stored, or otherwise made available through Properties or Services, which will include without limitation Content Users make available through use of Properties or Services. By uploading content, you grant Abricto a worldwide, royalty free, non-exclusive license to host and use your Content. All Content will be treated as Confidential. You are solely responsible for lost or unrecoverable content.

Abricto is not responsible for providing membership warnings, information, or disclosures. Clients are responsible for providing warnings, information, and disclosure to Users related to their accounts and services.

You agree not to use, nor permit any third party to use the Properties or Services to upload, post, distribute, link, publish, reproduce, engage in, promote, or transmit any of the following:

Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, or inappropriate information of any kind.
Content which impersonates an individual or Legal Entity, or which falsely represents the identity, qualifications, or rights of an Individual or Legal Entity.
Content which is illegally unfair, deceptive, or creates a safety or health risk
Investment opportunities, solicitations, chain letters, pyramid schemes, or other unsolicited commercial communication or spamming
Any content with malicious intent, including but not limited to Viruses, Trojan Horses, Worms, and other disruptive or harmful software or data.
Any content which you do not own or have the right to use
In no event shall Abricto and/or its respective suppliers or partners be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in action of a contract, negligence, or other tortious action, arising out of or in connection with the use or performance of Abricto Properties or Services, provision or failure to provide Properties or Services, or information available from Properties or Services.

Abricto also works with third parties for the provision of services and content, such as servers. We maintain these tools and services at our discretion and are not obligated to disclose third parties, except in the instance where this involves disclosing Personal Information or transferring said Personal Information through those parties.

Should the Abricto Security Client Portal contain a link to a third-party website or resource, Abricto is not responsible for the quantity, quality, availability, safety, accuracy, lawfulness, or any other factor regarding the third party. Links to websites do not imply endorsement or approval of any content, service, website, platform, brand, or organization. By following a link, you acknowledge sole responsibility for any risk arising from utilizing any website or resource.

Client Account, Password, and Security

Users and Clients must open an account to access Properties and Services. In so doing, you agree:

To complete the registration process in full, submitting current, complete, and accurate information
To choose a secure password and maintain its confidentiality. Abricto is not responsible for restoring lost passwords. Abricto is not responsible for any loss, damage, theft, or costs incurred by the loss of a password. You may be found liable for losses or damages to Abricto, its partners, or its services in the event of a lost password resulting in such losses or damages.
To set an account username
That you are responsible for any and all activities that occur on your account
That you will notify Abricto immediately in case of any unauthorized use of your account or any breach of security.
That Abricto can revoke, suspend, or delete your account and its associated access to Properties and Services, at any time, with no period of notification. In such an event, Abricto may refund any Payments at its sole discretion, in full alignment with Applicable Laws. Violates of these Terms will void any legal requirement to refund for Services.

Terms of Use

As a condition of your use of Abricto Services or Properties, you agree you will not use these Services or Properties for any use considered unlawful or prohibited under these Terms or Applicable Law. You may not use Services or Properties in any way that could damage, disable, overburden, or impair any Abricto Properties or Services. You may not conduct willfully malicious actions upon Abricto or any Client or User of its Properties or Services. You may not obtain or attempt to obtain any information, trade secrets, software, or materials from Abricto Properties or Services not expressly made available through the Services.

Furthermore, you agree you will not:

Use Properties or Services to host or distribute pyramid schemes, chain letters, phishing scams, junk email, spam, or any duplicate or unsolicited messages, commercial or otherwise.
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others
Publish, post, upload, or distribute content not in full agreement with Applicable Laws
Use any Content made available through Services or an Abricto Client or User in any manner which infringes on any copyright, trademark, patent, trade secret, or right to confidentiality of any party
Upload files containing viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other software programs with malicious intent or which may damage the operation of Properties or Services, or the computer, web properties, or properties of a third party
Share any content made available through Services which cannot be legally reproduced, displayed, performed, or distributed.
Falsify or delete copyright information such as attributions, legal or proper notices, etc,
Harvest or otherwise collect information from Abricto, its Services, Properties, Users, or Clients, including any directory or otherwise copy of Clients or Users or any portion of the information thereof.
Systematically retrieve data or other content from Services or Properties, whether by manual or automatic means.
Contact any Member or User in any way not related to the provision of Services agreed upon in an Order or Proposal.
Violate any applicable laws or regulations
Assume or falsify identity
Attempt to probe, scan, or test the vulnerability of the Services or Properties, including but not limited to networks, technical delivery systems, servers, computers, security authentication, etc., unless expressly requested to do so.
Access, tamper with, or duplicate in any way non-public areas including but not limited to the backend of the website and web properties, computer systems, technical delivery systems, or through Abricto’s providers, unless expressly requested to do so.

Abricto is under no obligation to monitor the conduct of our Clients or Users. However, we reserve the right to review material and to remove content, members, and users at our discretion. Abricto reserves the right to terminate your access to Properties and Services at any time, without notice, for any reason whatsoever.

Abricto reserves the right to disclose information at our discretion to satisfy any applicable law, regulation, legal process, or government request. We also reserve the right to edit, refuse to post, or to remove any such information or materials, in whole or in part, at our sole discretion.

Any materials, logos, users, members, and content may be subject to limitations on usage, reproduction, or dissemination. You are responsible for adhering to those limitations.

Ownership

Abricto, its Properties, and Services are protected by copyright law in the United States of America. This is further defended by international copyright treaties.

By using Abricto Services or Properties, you acknowledge and agree that Abricto or its third-party suppliers and licensors own all right, title, and interest in these properties. This includes but does not limit to any technique, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, graphics, video content, or data and information available through the properties or services.

Proprietary Rights Notice

All proprietary designations of Abricto including logos, trade names, trademarks, service marks, etc., are properties of Abricto and are trademarks or registered trademarks. Our Services and Properties also include proprietary designations and trademarks belonging to respective third parties. Users and Clients may upload their own Proprietary content.

Disclaimers

Abricto represents and warrants that it shall provide Services through the Properties, under no warranty, guarantee, or liability to the User. These Terms may be modified by additional Orders such as a Statement of Work or Master Services Agreement provided to Clients. Your use of the services and properties is conducted at your own risk, except as described in this agreement.

Abricto, its properties and services are provided “As-Is”, to the maximum extent provided by Applicable Law, without any representations or warranties of any kind. Abricto makes no claims that the properties, services, or third parties will meet your needs, will be available on an uninterrupted, secure, or error-free basis, or will provide satisfaction. Furthermore, Abricto makes no warranty regarding the quality of programs, applications, or tooling provided either as part of our Platform or Services or through Third Parties. Abricto disclaims any representations or warranties that your use of the Properties or Services will satisfy or ensure compliance with any legal obligations, laws, or regulations.

We agree that we will assume all reasonable precautions to ensure the availability, security, and quality of our Platform and Services. You agree to alert Abricto at [email protected] if you suspect any incident, including a breach, vulnerability, bug, flaw, or other issue which may compromise those goals.

These Terms may be modified by an Order written and signed by a duly appointed representative of Abricto.

Termination of User Account or Services

Abricto may at any time, without notice, and at its sole discretion, restrict, deny, terminate, or modify these Terms, Services, Properties, or accounts. Any violation of these Terms will result in an immediate suspension, termination, or restriction of account and access to Services and Properties. Any Termination of these Terms shall not affect Abricto’s rights to payments due.

Abricto may terminate a trial or free account at any time.

In the event that Abricto terminates services, properties, or your user account, you remain liable for services previously performed or agreed upon through our Services or Properties.

Any fees owed for services already performed remain due and must be paid within the timeframe stipulated in the Statement of Work.

Abricto will not cancel an Account, Service, or Order with an active Order in effect without Due Cause. Due Cause may include but is not limited to a breach of Terms of Service, a breach of the Order (such as failure to pay or provide services), failure to cure such a breach following 30 days following your receipt of notice, or in the unlikely event of natural or manmade disaster or breach preventing Abricto from reasonably fulfilling the Order.

Abricto is not responsible or liable for monitoring, ensuring, or provisioning business transacted on its Properties or Services. You are solely responsible for enforcing an Order for services rendered or payments due. Abricto reserves the right to monitor and suspend accounts suspected of fraud, non-provision of services, non-payment, or otherwise breaching these Terms or a Statement of Work.

Abricto may suspend an account at any time, without notice. Email us at [email protected] for information relating to your suspended account.

You may cancel your account at any time through your account. You may email us at [email protected] to request that we delete your account. You will remain liable for any pending fees. You will remain liable for any Statements of Work including contracts with Third Parties for services due or payments due. Abricto is not liable for nor responsible for ensuring agreed-upon transactions are carried out.

You may not assign, transfer, delegate, or subcontract access to Services or Properties through these terms, or any of your rights or obligations, in whole or in part, by sale of assets, merger, operation of law, otherwise, without Abricto’s explicit written consent. Any attempt to do so without prior consent will be null and will have no effect. Any attempt to transfer rights or Services may result in account and service termination, without prior notice.

Limitation of Liability

To the maximum extent permitted by Applicable Law, neither Abricto nor its licensors, suppliers, or contractors are liable for any direct, indirect, incidental, special, exemplary, tortuous, or consequential damages, including loss of profits, loss of data, loss of goodwill, service interruption, technical damage or failure, personal or bodily injury, or emotional distress arising out of or in connection with the Terms, the use or inability to use the Services or Properties, or from any communications with Abricto or its representatives.

No event will result in Abricto’s total aggregate liability arising out of or relating to your usage of the properties or services.

You acknowledge, understand, and agree that third parties rendering and receiving services through the Abricto Security Client Portal are wholly liable for themselves, their actions, and any damage that might result thereof.

The above limitations apply, even if Abricto and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of Abricto.

You agree to indemnify and hold Abricto and its suppliers harmless from any and all claims, liability, and expenses, including reasonable attorney’s fees and costs, arising out of your use of the Services or Properties, or breach of these Terms. You hereby agree to defend Abricto, at your own expense, against any and all claims, actions, suits, or proceedings arising out of or relating to your actions regarding your use of the Properties or Services, your breach of the Terms, or your violation of Applicable Law. Abricto reserves the right, at its sole discretion and its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Abricto in the defense of any claims.

Dispute Resolution

You and Abricto agree that, where possible, any dispute, claim, or controversy arising out of or relating to the Terms or their breach, termination, enforcement, interpretation, or validity will be settled by binding arbitration, with the exception that each party retains the right to seek injunctive or equitable relief in the case of actual or threatened infringement, of a party’s intellectual property rights.

Controlling Jurisdiction

These Terms will be interpreted in accordance with the Laws of the United States of America. You and we agree to submit to the personal jurisdiction of a court located in Atlanta, GA, United States of America for any actions for which the parties retain the right to seek an injunction or equitable relief.

Definitions

Terms used throughout this document, with the intent to clarify and solidify their meaning:

Applicable Laws – Any statute, law, ordinance, regulation, code, order, judgment, directive, common law, decree, requirement, or rule of any state or government which Abricto, its Users, or its Clients may fall under.
Properties – The website, platform, application, portal and holdings of Abricto, referred to throughout this document as “Properties” “Properties and Services” and “Services”.
Client – A Legal Entity or Individual actively paying a Service Fee to Abricto for services rendered. Clients and Users are collectively referred to as “You”.
User – A Legal Entity or Individual utilizing the Abricto Security Client Portal, its properties, or its services, at the behest or invitation of a Client, without paying a Service Fee. Clients and Users are collectively referred to as “You”. Users may include:
Service Fee – A fee charged by Abricto to its clients in exchange for Services as well as access to web properties, customer support, and ongoing updates. Abricto reserves the right to update, change, or modify this Service Fee, at its discretion. Individuals affected by increases in rates will receive notifications no later than thirty (30) days in advance of the change.
Order/Statement of Work/MSA – A separate contract, between Clients Abricto, bound by terms agreed upon by respective parties.
Request for Project – Users may request Abricto to submit a proposal for services to the Client. This is done at the sole behest and on the sole responsibility of the User and requested work is subject to the internal approval process of the Client. Abricto does not manage, monitor, review, audit, curate, enforce, or otherwise maintain or assume responsibility for the quality, legality, or fairness of any said process nor commit to conduct work outside the Clients’ established approval process. Respective parties take sole responsibility for the enforcement, review, and management of any internal processes begun through or carried out via Abricto properties.
Terms – These General Terms and Conditions, as well as the Privacy Policy, and Member Contract which govern usage of Abricto properties. Referred to as “Terms and Conditions” or “Terms” throughout this Terms and Conditions.
Personal Information – Information collected by Abricto, which could be identifying or already identified with a Person or Legal Entity.
Abricto Security Client Portal – An online Software as a Service (SaaS) platform offering digital services to Clients and Users, for the purpose of facilitating project management and delivery of Penetration Tests, and other forms of cyber-security testing. Referred to as “Portal”, “We”, “Our”, “Properties and Services” “Properties”
Abricto Content – Content expressly created, uploaded, or developed by Abricto
Client/User Content – Content created, uploaded, or developed by Clients, Users, or Third Parties. This includes but is not limited to data, documents, screenshots, templates, report forms, text, graphics, images, music, software, audio, video, information, and other material. Abricto makes no claim on any member or user content, and furthermore guarantees the right of confidentiality to Clients and Users. All Member and User content will be treated as Confidential Information and protected to the best of our ability under our Security Policy and Privacy Policy.

Should you have any questions, concerns, or remarks regarding this Terms and Conditions, please contact us at [email protected].

Abricto’s failure to enforce these terms does not in any way constitute a waiver of future enforcement of rights or provisions. Moreover, Abricto reserves the right to retroactively enforce items from these terms. A waiver of these Terms will be valid only if written and signed by a duly appointed representative of Abricto.