Terms and Conditions

This Website (or this Application) The property that enables the provision of the Service.

Agreement Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Owner (or We) Sumit Pramod Khobragade – The natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service The service provided by this Website includes, but is not limited to, website hosting, development, debugging, redesigning, pentesting, security compliance, security setup, security checks, and vulnerability analysis as described in these Terms and on this Website.

Terms Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.

User (or You) The natural person or legal entity that uses this Website.

This document is an agreement between You and Sumit Pramod Khobragade.

You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.

These Terms govern:

• The conditions of allowing the use of this website, and,
• Any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in appropriate sections of this document.

The User must read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.

This Website is provided by:

Sumit Pramod Khobragade 09 Vaibhav Laxmi Nagar Near Sai Kripa Colony Indore Indore, Madhya Pradesh – 452010 India

Owner contact email: contact@sumitkhobragade.com

Summary of What the User Should Know

Please note that some provisions in these Terms may only be applicable to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each applicable section. In the absence of any such mention, sections apply to all Users.

Terms of Use

1. User Requirements
   • Users confirm that they have the authority to engage and use the services provided by the Owner, especially for activities related to pentesting and security analysis, which may involve sensitive or potentially disruptive activities.
2. Service Scope
   • The services provided by the Owner are subject to the specific scope of work agreed upon between the User and the Owner. Any additional work or changes to the scope will require a separate agreement and may incur additional fees.

Content Rights and Access

1. Types of Content Provided by Users
   • Public Content: Users may submit content that is accessible to all users and visitors on the website/application without any restrictions.
   • Private Content: Users may provide content that is intended for private viewing by the user or specific authorized individuals.
   • Restricted Content: Users may provide content that has limited access and may be available to a specific group of users or under certain conditions.
   • Modification of Content Status: Users can view and modify the status of their content (public, private, or restricted) through their account settings on the website/application. Changes to content status are effective immediately upon user action and are subject to the terms specified herein.
2. Rights Regarding Content
   • All Rights Reserved Policy: By default, all rights are reserved for all content, code, and security implementations provided through our services. This policy ensures maximum protection and control over the work delivered, prohibiting unauthorized use, distribution, or modification.
   • Some Rights Reserved Policy: Certain rights may be granted for specific content, code, or security implementations provided through our services. Users are allowed to use and share the content for their internal purposes only. Redistribution or modification outside of the client’s organization is strictly prohibited unless explicit permission is granted.

DMCA Compliance

1. DMCA Clause
   • The Digital Millennium Copyright Act (“DMCA”) applies to our services if you are based in the USA. We respect the intellectual property rights of others and expect our users to do the same. Users can submit DMCA takedown notices to report copyright infringements. In accordance with the DMCA, we will respond promptly to remove or disable access to content that is claimed to be infringing, and we will take appropriate actions against repeat infringers.

Liability and Indemnification

1. Special Considerations for Pentesting and Security Services
   • Liability Limitation: Given the nature of pentesting and security analysis, the Owner shall not be liable for any direct or indirect damages resulting from the performance of these services, provided that they are conducted within the agreed scope and under the terms set forth.
   • User Responsibility: Users must ensure they have the necessary permissions and legal authority to conduct pentesting and security analysis on their systems. The Owner will not be liable for any legal issues arising from unauthorized testing.
   • Indemnification: Users agree to indemnify and hold the Owner harmless from any claims or damages arising out of the misuse or misapplication of the security services provided.

Common Provisions

1. Service Interruption
   • To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately. Given the nature of security services, Users should be prepared for possible disruptions during security testing and should plan accordingly.
2. Service Reselling
   • Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program. This includes any security reports, code, or tools provided as part of the service.
3. Privacy Policy
   • To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
4. Intellectual Property Rights
   • Any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of the Owner or its licensors.
   • Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and/or the Service are the exclusive property of the Owner or its licensors.
   • The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.
5. Changes to These Terms
   • The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
   • Such changes will only affect the relationship with the User for the future.
   • The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.
   • Failure to accept the revised Terms may entitle either party to terminate the Agreement.
   • If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
6. Assignment of Contract
   • The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.
   • Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
7. Contacts
   • All communications relating to the use of this Website must be sent using the contact information stated in this document.
8. Severability
   • Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
9. EU Users
   • Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid, or unenforceable parts.
   • In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
   • Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
10. US Users

• Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

11. Governing Law

• These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

12. Exception for European Consumers

• However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

13. Venue of Jurisdiction

• The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

14. Exception for European Consumers

• The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

15. UK Users

• Consumers based in England may bring legal proceedings in connection with these Terms in the English courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

Last Updated: June 9, 2024