General contract terms and conditions
BitNinja Technologies Zrt.
GENERAL TERMS AND CONDITIONS
The present general terms and conditions (hereinafter: “GTC”) regulates and specifies the conditions of the registration on the website operated by BitNinja Technologies Zrt. (hereinafter: “BitNinja” or “Service Provider”) at www.bitninja.io of the Customers and End Users of BitNinja, furthermore the conditions and the related relevant circumstances of using the Services available for the Customers and End Users.
- DATA OF BITNINJA
Company name: BitNinja Technologies Zártkörűen Működő Részvénytársaság
Registered seat: 4024 Debrecen, Kossuth utca 42. II. em. 5., Hungary
Tax number: 27114436-2-09
Registration number at the Tribunal of Debrecen as Court of Registry: 09-10-000598
E-mail address: email@example.com
Language of the contract: English
Phone number: +1 805-628-4196
Contact person: Laszlo Takacs
BitNinja Console: shall mean the subdomains admin.bitninja.io and console.bitninja.io of the Website, where Customers are able to access the Server Protection service.
Client: means the natural or legal person who purchases the Services directly from BitNinja.
Contract: a specific contract concluded between BitNinja and the User for the use of any of the Services available through the Website.
Customer: Clients and End Users who registers on the Website and intends to use the Services of BitNinja.
End User: a natural or legal person who buys a License Key from a Reseller in order to access BitNinja’s Services.
Free Server Security Scan: a free service provided by BitNinja, which provides information about the security issues of the Customer’s server every week after the first server scan was initiated by the Customer.
GTC: shall mean the present general terms and conditions and the Reseller GTCs attached as Annex 1 and Annex 2 thereto. Unless otherwise provided by the GTC it shall also mean the Reseller GTCs as well.
License Key: means a data string generated by BitNinja that verifies authorized Software product access on one selected server.
Reseller: a natural or legal person who intends to to resell BitNinja’s Services for third parties.
Reseller GTCs: shall mean the Reseller general terms and conditions attached as Annex 1 and Annex 2 thereto.
Reseller Panel: shall mean the subdomain reseller.bitninja.io of the Website, which allows the Visitor to register a Reseller Account and Reseller to manage their customers’ services.
Server Protection Reseller Agreement: shall mean the Server Protection reseller agreement concluded between BitNinja and Reseller.
Server Protection: is a multi-layered security system software provided by BitNinja to block server attacks at any threat level automatically and make the troubleshooting of all security incidents easier via a self-service console.
Services: Server Protection, Site Protection and Free Server Security Scan software and services provided by BitNinja, furthermore the newsletter service that are currently available on the Website.
Site Protection: a high-level protection software provided by BitNinja, which proactively shields websites’ vulnerabilities against targeted hacker attacks.
Visitor: means the natural or legal person who visits the Website.
Website: shall mean the website at www.bitninja.io operated by BitNinja and all subdomains thereto, through which BitNinja provides the Services.
3.1 Registration of the Customer
3.1.1 Creating an account as a Customer
In order for a Visitor or an End User to be able to use the Services of BitNinja, it is necessary to create an account (hereinafter: “Customer Account”) during the registration procedure on the BitNinja Console. If a natural person creates a Customer Account on behalf of a legal person Customer, he/she warrants by registration that he/she is entitled to represent the legal entity and make a declaration on the legal person behalf.
The Customer shall be responsible for the correctness, accuracy, and authenticity of the data provided during registration. The Customer shall be solely responsible to modify any data given during the registration that has been changed.
3.1.2 Registration as a Customer
Registration as a Customer is performed by entering the Customer’s name (last name and first name in the case of a natural person, company name in the case of a legal person), contact details (e-mail address) and password. This data can be modified by the Customer both during and after registration. After completing the requested information in the registration interface, the Customer declares that he or she has learnt and accepts the content of the GTC and consents to the processing of his or her personal data as specified in the Policy.
After providing the Visitor’s or End User’s data and accepting the GTC and the Policy, the Visitor or End User sends its registration to BitNinja. BitNinja sends an email confirming the registration to the e-mail address provided by the Visitor or End User in the registration sent. The Visitor or End User activates his or her registration by clicking on the link in the confirmation e-mail and confirms the accuracy of the data contained in his or her registration, thereafter the system activates the Customer Account and therewith the Contract between the parties is concluded.
The Customer may decide to delete its Customer Account at any time. If the Customer intends to delete its Customer Account, then the Customer may do so within the Customer Account by following the instructions in the “Delete Account” menu item, or the Customer may request the deletion by notifying BitNinja of its cancellation request at firstname.lastname@example.org e-mail address.
3.2 Conditions of registration
No person under the age of 18 may register on the Website as a Customer furthermore shall not use the Services. By registering on the Website, the Customer acknowledges and warrants that as of the registration and application he/she has reached the age of 18.
BitNinja shall not be liable for any damages arising from data wrongly and/or incorrectly given by the Customer. The registration shall be done once by the Customer, in case of further accesses to the BitNinja Console this step is not required anymore.
BitNinja shall not be liable for any damages arising from being the Customers’ e-mail address and/or password available to unauthorized persons. The Customer can request assistance from BitNinja at the email@example.com e-mail address in case the e-mail address and/or the password is forgotten, lost or becomes available to unauthorized persons.
Under the present GTC, the Contract between Bitninja and the Customer shall be considered as a written contract. BitNinja shall record the data of the Customer who concludes the Contract, the place and time of the Contract, and the data provided by the Customer during registration and the text of the GTC which is in effect at the time of the conclusion of the Contract. Upon the request of the Customer, BitNinja sends information on the above to the Customer in writing.
3.3 Territorial scope of the Services
The Services are available from Hungary and from abroad as well with an appropriate device, and with the help of internet. Unless any possible technical and legal limitation there is no limitation of using the Services, however BitNinja reserves the right not to provide Services in certain countries.
- SERVER PROTECTION
4.1 Server Protection services
BitNninja Server Protection provides a security layer for web servers which includes IP filtering, traffic filtering, construction of honeypots, and malware removal.
4.2 Purchasing the Server Protection from a Reseller
Server Protection provided by BitNinja is also available for End Users by purchasing it from BitNinja’s Resellers, who are allowed to re-sell Server Protection services in the form of License Keys.
End Users are invited by the Reseller and are able to create an account (hereinafter: “End User Account”) in order to add the purchased License Key as well as to access the BitNinja Console. Resellers are permitted to log in to an End User Account and do administrative tasks on the behalf of the End User related to the Services in accordance with the Server Protection Reseller Agreement concluded between BitNinja and the Reseller.
- SITE PROTECTION
5.1 Conditions of using Site Protection
Site Protection provided by BitNinja is available through the BitNinja cloud platform under the https://siteprotection.io/ address.
5.2 Site Protection Services
Customers are entitled to choose from paid plans.
- FREE SERVER SECURITY SCAN
6.1 Conditions of using Free Server Security Scan
Free Server Security Scan provided by BitNinja is available through the Website for the Visitors. Only the Visiors that own a server and have the rights to scan it for security risks are entitled to use the Free Server Security Scan. One Visitor can sign up multiple IP addresses for the service.
6.2 Subscribing for Free Server Security Scan
Visitors can sign up the IP addresses of their servers by providing their email address and their server’s IP on the Website. After providing the data, the Visitor will receive an email with a link included to confirm their subscription to the server scan. After the Visitor confirms the subscription, BitNinja will immediately start the first scan on the Visitor’s server. BitNinja will scan the Visitor’s server every week and after every scan is done, the Visitor will receive a report of the scan’s findings via email.
6.3 Services included
Free Server Security Scan can detect:
- DoS vulnerabilities on different protocols,
- port scan,
- brute force and
- other common vulnerabilities.
The Visitor can cancel the Free Server Security scan anytime, by clicking on the link provided in every report email about the results of the server scan.
- PAYMENT CONDITIONS
The use of certain Services may be subject to payment of particular fees, as determined by BitNinja in its sole discretion.
7.1 Payment Systems
The Client’s payment in exchange for the Server Protection services (hereinafter: “Service Fee”) shall be paid through the BitNinja Console under the ‘Payments’ section.
The Client are able to pay with either their credit card or their PayPal account. BitNinja supports the following credit cards:
- Diners Club,
- Laser and
Payment processing related to the Server Protection service is processed by a third-party payment processor, depending on the payment method chosen by the Client for purchase which means the Client shall be bound by the terms of that third-party payment processor.
7.2 Payment conditions of Server Protection
7.2.1 Payment constructions
Server Protection services that are available in exchange for payment can be obtained by the Client by paying the amount of the payment construction selected as follows:
- “Pro Plan” monthly renewable subscription
- “VPS Package” monthly renewable subscription
The all-time payment for each payment construction and the functions and services included in each payment construction is indicated by BitNinja on the Website. The prices indicated do include VAT.
The total price of the selected payment construction depends on the number of the Client’s servers protected by BitNinja and on the number of users hosted by such servers.
7.2.2 Trial version
All paid plans of the Server Protection start with a 7-day free trial version when the Customer installs BitNinja on their server (hereinafter: “Trial Version”). The full-functionality Trial Version starts after the installation of Service Protection on the Customer’s server and lasts for 7 calendar days.
No payment information needed to start the Trial Version. If the Client adds their payment details and they choose their desired payment constructions at the ‘Payments’ menu, the Client’s credit card will be charged with the presented price after 7 calendar days of the installation.
If the Client choses ‘Cancelled’ option in the License type field or if the Client does not provide their payment information, the Client’s license will automatically change to Cancelled, which means that the protection will become inactive on the server after the expiration of the 7-day Trial Version.
BitNinja is entitled to provide discounts and special offer purchases (hereinafter: “Discounts”) to the Client at dates and duration determined solely by BitNinja, the availability and conditions of the Discounts shall be indicated by BitNinja on the Website to inform the Client. BitNinja is entitled to introduce, terminate, and modify the conditions of the Discounts at its own discretion, of which change shall be without delay indicated on the Website to inform the Client.
Clients are entitled for a 20% discount on the Service Fee if they purchase Server Protection for at least 5 of their servers.
7.2.4 Payments of End Users
If an End User purchases a License Key from a Reseller, the payments for the Server Protection shall be managed by the Reseller. BitNinja is not in any ways involved in the payments done between End User and Reseller.
- AMENDMENT, EFFECT AND TERMINATION OF THE GTC
8.1 Amending the present GTC
BitNinja is entitled to amend in part or in whole the present GTC unilaterally at any time. BitNinja will inform the Customer as well as the Visitors of the Website on the latest amendment of the GTC in a form of a short notice on the main page of the Website. The GTC and the respective amendment of it shall be effective as of its publication and after the publication of the respective amendment the Customer accepts and considers itself to be bound by the provisions of the amended and effective GTC.
8.2 Effect of the Contract
The Contract is concluded for an indefinite period of time until BitNinja or the Customer terminates it in accordance with the provisions of the present GTC.
8.3 Termination of Contract
The Customer shall be entitled to cancel his or her registration at any time by deleting their account on the Website, which shall also mean the termination of the Contract concluded with BitNinja. By cancelling the registration, the Customer’s profile, subscription and access to the Services will be terminated. The deletion of the registration does not mean that the Customer unsubscribes from the Newsletter Service based on the Customer’s separate consent during the registration, thus if the Customer intends to unsubscribe from the Newsletter Service simultaneously with the deletion of the registration, the Customer shall indicate such intend separately to the Service Provider.
BitNinja shall be entitled to unilaterally terminate the Contract with immediate effect, if the Customer violates any of its obligations set out in this GTC and in any other bylaws of BitNinja or in applicable law.
BitNinja reserves the right to terminate – on 30 days’ notice, without giving reasons and by e-mail – the Contract concluded by the acceptance of this GTC. BitNinja shall notify the Customer on the termination of the Contract by sending a message to the e-mail address provided during registration.
8.4 Right of withdrawal
The Customer shall have the right of withdrawal (hereinafter: “Right of Withdrawal”) within 14 calendar says from the creation of Customer Account, which means if this right is exercised thereby, it terminates the Contract without any further legal consequences and with a full refund of the payments issued by the Customer.
The Right of Withdrawal shall be declared by the Customer in written form (hereinafter: “Declaration”), as an e-mail written to firstname.lastname@example.org. In case the Services were provided to the Customer for more servers, the declaration of withdrawal shall contain the details of the server which the Right of Withdrawal is exercised on. In the absence of an unambiguous indication, the Right of Withdrawal shall be considered for all of the servers of the Customer.
Acknowledgement of the Declaraion shall immediately be confirmed by BitNinja via e-mail.
If the Customer exercises their Right of Withdrawal, the Service Fee paid by Customer shall be refunded by BitNinja in 14 calendar days from being aware of the Declaration. In the event of refund, the payment method used by BitNinja shall be identical with the one which was used by the Customer to pay the Service Free, except the Customer agrees to use another payment method, which may not result in any extra cost therefore.
- THE CONTINUOUS OPERATION OF THE SERVICES
BitNinja shall use its best endeavors to ensure the continuous availability of the Website, and the Services, however, due to the nature of the internet, BitNinja cannot guarantee the continuous operation and the continuity of the Services. BitNinja shall not be liable for any direct or indirect damages resulting from technical breakdown, break or destructive applications or programs placed by third parties independent of BitNinja.
BitNinja will take all reasonable steps to ensure that you could visit and use the Website, for security and reliability, however, there may be technical errors that BitNinja assumes have been acknowledged by the Customers of the Website. BitNinja reserves the right to restrict or suspend the availability of the Website and the provision of the Services at any time if this is necessary for the security, maintenance and proper functioning of the Website. BitNinja may modify or improve the Website and the Services at any time and may expand the range of services provided.
- INTELLECTUAL PROPERTY
By accepting the present GTC, the Customer acknowledges that the Services, including contents, illustrations, user interfaces, audio and video clips, editorial content, as well as scripts and software used for the providing the Services, contain such proprietary information and material the right holders of which are the Service Provider and/or the licensor, and which are protected by applicable intellectual property or other legislation, including, but not limited to, copyright protection. The Customer accepts that he or she may not use such proprietary information or contents in any other manner than the private, non-commercial use of the Services set out in this GTC.
It is prohibited to reproduce any part of the Services in any form or by any means unless expressly permitted by this GTC. The User acknowledges, that he or she may not, in any way, modify, let, sell or distribute the Services or the Application or any part thereof, and he or she shall not be entitled to use the Service in any manner expressly not permitted.
The BitNinja name, the BitNinja logo and any other trademarks, illustrations and logos used in relation to the Services whether they are registered trademarks or not. The Customer shall have no rights or no right of use in respect of the above-mentioned trademarks or intellectual property.
The content of the Website and the Services, including, but not limited to, its graphic elements, text and technical solutions, the layout and design of the Website interface including the interface of the BitNinja Console and the Reseller Panel, the software and other solutions, ideas and implementation used, as well as the content on the Website published by the Service Provider are the intellectual property of BitNinja protected by copyright. The copying thereof, in whole or in part, violates copyrights.
The use of the Services shall under no circumstances result in the source code of the Software being decrypted or deciphered by anyone or in any other way infringe the intellectual property rights of BitNinja. It is also forbidden to adapt or decrypt the content or any part of the Services. The Parties explicitly state, that under the provisions of the present GTC the Customer is solely provided with access to the Software and the Website and all of its content, therefore nothing in the present GTC shall be construed as granting license or permission of BitNinja to provide license or sublicense to any third party, furthermore, the Client is not entitled to replicate, modify, revise, adapt, develop, translate, correct, reverse engineer, decrypt or decipher the Software or any element thereof.
- EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
The Customer may only use the Website and the Services at his or her own risk and accepts that the Service Provider shall not be liable for any material damages or personal infringements arising in connection with the use, apart from the liability for damages caused deliberately, by gross negligence or criminal offenses, as well as for breaches of contract causing death or injuries to physical integrity or health.
BitNinja excludes any liability for the Customer’s conduct. The Customer is fully and exclusively liable for his or her own conduct, including the data and other documents recorded on the Website, in such a case, the Service Provider shall cooperate fully with the competent authorities to detect infringements.
The Customer shall be liable to the Service Provider for any damages sustained by the Service Provider caused by the Customer’s non-compliant and/or unlawful use of the Services.
In lack of the prior written consent of BitNinja, the Customer is not entitled to use the Services for advertising or other promotional or political purposes.
BitNinja shall operate the Services with reasonable diligence and expertise. The Service Provider will do its best to ensure the continuous availability of the Services on the Website, however, due to the nature of the Internet, the Service Provider cannot guarantee the continuous operation and the continuity of the Service. The Service Provider shall not assume any liability for any direct or indirect damages caused by technical shutdowns, breaks independent of the Service Provider or destructive applications or programs placed by third parties. Furthermore, the Service Provider shall not assume any liability for any direct or indirect damages caused by breakdowns, pauses or any other defects, inaccessibility occur at the service providers (e.g. Google, Atlassian) used by the Service Provider. The Service Provider will take all reasonable steps to ensure the visits on the Website and the use, safety and reliability of the Services, however, technical errors may still occur, and BitNinja presumes that the Customer acknowledges the possibility of such technical errors.
BitNinja does not make any further statements and undertakes no further warranties regarding the Services, thus, in particular, it does not warrant that:
- the Customer may use the Services without interruption and without error. The Customer acknowledges, that BitNinja may remove, from time to time, the operation of the Services for an indefinite period, or suspend or terminate the operation of the Service for technical, operational reasons at any time, on which, if possible, the Service Provider informs the Customer;
- the Services will be free of loss, malfunction, attack, viruses, intervention, interference, hacking or other harmful interference affecting security, which events are considered as Force Majeure events, and for which the Service Provider shall in no way be held liable. It is the Customer’s responsibility to make backups on or from his or her system prior to, during and after the use of the Services, including any content or data used in connection with the Services.
The Customer shall rely on the contents available on the Website at his/her own risk, the content and information available on the Website serve informational purposes only. Customer shall use all functions of the Services at his/her own risk and the Service Provider shall not be liable for any consequences resulting from the use of the Services.
Under no circumstances is BitNinja, its subsidiaries or Resellers liable to the Customers for any damages whatsoever (including without limitation, incidental, reliance or consequential or special damages whether or not foreseen, lost profits or damages resulting from lost data or the interruption of Services) on account of the Customer’s use, misuse or reliance on the Services available on the Website.
- 12. MISCELLANEOUS PROVISIONS
This GTC is governed by Hungarian law. To issues not regulated in this GTC, primarily the applicable provisions of the Act V of 2013 on the Hungarian Civil Code as well as the applicable provisions of Hungarian laws and regulatory requirements shall be applied.
The Service Provider may communicate its legal statements relating to this Contract with effect to the Customer in a system message sent to the email address provided by the Customer during registration. The system message shall be considered to be delivered to the email address registered by the Customer at the time of sending it. The data stored by the Service Provider’s IT system shall be applicable to determine the sending time of the system message.
The Service Provider is entitled to place advertisements or other marketing-related content at any time on the Website.
The Service Provider reserves the right to make changes or corrections to the Website without prior notice at any time. BitNinja also reserves the right to place the Website under a different domain name.
Disputes arising between the Service Provider and the Customer from the Contract established under this GTC shall be settled by the District Courts and the Regional Courts of Hungary, depending on the competence, for the place where the Service Provider has its registered seat, unless it is excluded by binding Hungarian legislation. If this jurisdiction clause is, in any case, excluded by the mandatory rules of Hungarian law, the dispute shall be determined by a court having jurisdiction and competence under the Hungarian Code of Civil Procedure.
This GTC shall enter into force upon publication on the Website and shall remain in force until its cancellation or amendment.
Please accept the present GTC only, if you agree with the above.
If you have any further questions regarding the GTC, please contact us at email@example.com
The present GTC is effective from October 20, 2020.
BitNinja Technologies Zrt.