These Terms of Use (the “Terms”) govern your use of and access to our “Mind the Hack” platform, website, customer support or other interactive areas or services, SaaS and web services (collectively, the “Services”) and software that we include as part of the Services, as well as any applications, including mobile applications, scripts, instructions and related documentation (collectively, the “Software”). If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement control where it conflicts with the Terms.
You must be 14 or older to register for an individual Intrack ID. Anyone under the age of 18 must have approval of a parent or guardian.
Your Agreement with Intrack.
Choice of Law. These Terms and any action related thereto will be governed by the laws of Greece without regard to its conflict of laws provisions. You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts located in Athens, Greece. You may have additional rights under your local law. We do not seek to limit those rights where it is prohibited to do so by law.
Ownership. You (as a Business or an individual, as applicable) retain all rights and ownership of your Data. We do not claim any ownership rights to your Data.
Updates to Terms. We may make changes to the Terms from time to time, and if we do, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice. You should look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services and Software will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services and Software.
Privacy.
Privacy. For information about how we collect, use, share, or otherwise process information about you and your use of our apps and websites, please see our Privacy Notice.
Our Access to Your Data. We will only access, view, analyze and/or store your Data (defined in section 4.1 (Data) below) in limited ways. We need to access, view, analyze and/or store your Data to perform the Services. We may need to access, view, analyze and/or store your Data to (A) respond to Feedback or support requests; (B) detect, prevent, or otherwise address fraud, security, legal, or technical issues; and (C) enforce the Terms. Our automated systems may analyze your Data using techniques such as machine learning in order to provide and improve our Services and Software and the user experience. You represent and warrant that you own your Data, that your Data is not unlawful and that it does not infringe any third-party right.
Personal Data. You warrant that your Data does not include any personal information and, therefore, Intrack may not be considered as a “Data Processor” as defined under the General Data Protection Regulation EU Regulation 2016/679 (“GDPR”) and Greek law 4624/2019 when providing the Services. You as a Data Controller represent and warrant that you will not process the personal information of any data subject(s) through the use of the Services and Software.
Transfer of Personal Information. We process and store information in various countries, as explained in our Privacy Notice. By using our apps and websites, you agree that you authorize Intrack to transfer your personal information across national borders and to other countries where Intrack and its partners operate.
Use of Services and Software.
License. Subject to your compliance with the Terms, the respective separate Software-as-a-Service Agreement or other agreement applicable to your subscription, as per your order, and applicable law, you may access and use the Services and Software that we make available, and that you license from us. Your license(s) expire upon Termination of the Terms under section 11 (“Termination”) or as otherwise stipulated under any separate agreement you may have entered with us. You agree that your decision to use or purchase Software or Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
Intrack Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. We reserve all rights not granted under the Terms.
Storage. We recommend that you backup your Data elsewhere regularly if the Services provide storage and this functionality is enabled by the applicable Services. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your Data out of the Services. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your Data. You should download any Data that you have stored in the Services before your license ends.
Free memberships, offers, and trials. Intrack may offer free memberships, offers, and trial memberships in its sole discretion. If access to the Services or Software is provided to you for free or for trial purposes, such access is governed by these Terms. At any time prior to or during the free or trial period, Intrack may, in its sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, you may only continue using the Services or Software by enrolling in a paid subscription, if available, or as otherwise permitted by Intrack. During the free or trial period, no express or implied warranties shall apply to the Services and Software, all Services and Software are provided “as-is” with all defects, and no technical or other support is included.
Third-Party Services and Software. The Services and Software may include third-party services and software, and you are responsible for complying with any and all third-party terms that apply. Some third-party terms may be applicable to your use of the Services and Software. Access to third-party services and software is provided for convenience only, and Intrack has no responsibility for such third-party services and software.
Your Data.
Data. “Data” that we access, in connection with or through the Services and/or Software includes, but is not limited to, URLs, domain names, IPs, websites, electronic files, scripts, source code, software, systems technology, mobile applications, firmware, emails, usernames, passwords, network configurations and topology diagrams, access control lists (ACLs), encryption keys and certificates, authentication mechanisms and credentials, API keys and endpoints, Cloud storage URLs and configurations, backup files and archives, operating system configurations, hardware specifications and configurations, virtualization environments and configurations, wireless network configurations and encryption types, VoIP configurations and call logs, printer and peripheral device configurations, IoT device configurations and data, incident response plans and procedures, security policies and compliance documents, user activity logs and audit trails, public records and databases that may reveal organizational details or vulnerabilities. You must not enter, provide or allow access to any Data that is not yours, unless you have all necessary licenses and permissions to use and share such Data. We reserve the right to restrict or refuse access to Data in connection with or through the Services and Software if any of such Data is found to be in violation of these Terms. We do not review the content of your Data; you are solely responsible for any illegal content or other abusive content or behavior, as further specified under Section 6.
Licenses to Your Data in Order to Operate the Services and Software. Solely for the purposes of operating or improving the Services and Software, when you give us access to your Data in connection with the Services or Software, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to access and analyze the Data.
Feedback. You have no obligation to provide us with ideas, suggestions, proposals, or bug or crash reports (“Feedback”). If you submit Feedback to us however, then you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
Your Account.
Account Information. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (A) share your account information (except with an authorized account administrator), whether intentionally or unintentionally; or (B) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software.
User Conduct.
Responsible Use. You must use the Services and Software responsibly.
Misuse. You must not misuse the Services or Software. For example, you must not:
use the Services or Software without, or in violation of, a written license or agreement with Intrack;
b. copy, modify, host, stream, sublicense, or resell the Services or Software;
c. enable or allow others to use the Services or Software using your account information; scan or conduct tests on assets that don’t belong to you and/or are not included to our contract agreement.
d. offer, use, or permit the use of the Services or Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party, unless expressly agreed in writing by Intrack;
e. access or attempt to access the Services or Software by any means other than the interface we provide or authorize;
f. circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software;
g. enter, provide or allow access to any Data/Service that is not yours, unless have all necessary licenses and permissions to use and share such Data, or otherwise engage in behavior that violates anyone’s intellectual property rights, right of privacy, right of publicity, any confidentiality obligation, data protection laws and any proprietary rights;
h. allow access to any Data that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, vulgar, invasive of another’s privacy, hateful, or otherwise objectionable;
i. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
j. attempt to disable, impair, or destroy the Services or Software;
k. allow access to any Data or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Software;
l. disrupt, interfere with, or inhibit any other user from using the Services or Software;
m. artificially manipulate or disrupt the Services or Software;
n.artificially manipulate or disrupt the Services or Software;
o. create MindTheHack accounts for the purpose of violating these terms or for circumventing account termination or other types of actions taken by Intrack; or violate applicable law.
Fees and Payment.
Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile provider fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Intrack entity with which you are transacting, your payments may be made to a foreign entity.
Payment Information. You authorize us to store your payment method and use it in connection with your use of the Services and Software and payment of the fees owed to us under your applicable subscription and license, as per your separate agreement with us. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain.
Your Warranty and Indemnification Obligations.
Warranty. By providing access to your Data in connection with the Services or Software, you agree that: (A) such Data is yours or you have all necessary licenses and permissions to use and share such Data; and (B) you have the rights necessary to grant the licenses in the Terms.
Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Data, your use of the Services or Software (as applicable), or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter.
Disclaimers of Warranties.
The Services and Software are provided “AS IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We further disclaim any warranty that (A) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (C) the quality of the Services or Software will meet your expectations; or (D) any errors or defects in the Services or Software will be corrected.
We specifically disclaim all liability and claims for under-performance or non-performance of the Services and/or Software that results from your use of the Services or Software or your actions or omissions in relation to your Data, software and/or systems. You agree and acknowledge that the Services and/or Software may underperform or be ineffective if, for example: (a) you change or make alterations to your Data, software and systems at the time of the provision of our Services, (b) you or your security systems or your providers (such as Azure, Cloudflare etc.) effectively block our access to your Data which is required for the provision of our Services or feed our platform with purposefully wrong data as a security mechanism or make services needed for our platform to function inaccessible.
You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.
You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.
Limitation of Liability.
We are not liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the Services or Software.
Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) €100; or (B) the aggregate amount that you paid for the Services and Software during the three-month period preceding the event giving rise to the liability.
These limitations and exclusions in this section 10 (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) we knew or should have known about the possibility of damages.
These Terms set forth the entire liability of Intrack and its affiliates as well as your exclusive remedy with respect to access and use of the Services and Software.
Termination.
Termination by You. You may stop using the Services and Software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
Termination by Us. If we terminate the Terms, or your use of the Service(s) or Software for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. We may, at any time, terminate or suspend your right to use and access the Services or Software if:
you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
you fail to make the timely payment of fees for the Services or Software, if any;
you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful); or
we elect to discontinue the Services or Software, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law).
Survival. Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.
Trade Sanctions and Export Control Compliance.
The Services and Software, and your use of them, are subject to laws, restrictions, and regulations in various jurisdictions that (A) govern the import, export, and use of the Services and Software; and (B) may prohibit us from providing the Services and Software to you without notice. By using the Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and Software by the laws of any jurisdiction.
Equitable remedies
Notwithstanding anything contained in the Terms to the contrary, you acknowledge and agree that any violation of or non-compliance with the Terms by you will cause irreparable harm to Intrack, for which monetary damages would be inadequate, and you consent to Intrack obtaining any injunctive or equitable relief that Intrack deems necessary or appropriate in such circumstances. Intrack may also take any legal and technical remedies to prevent violation of and/or to enforce the Terms, including, but not limited to, immediate termination of your use of the Services and Software, if Intrack believes in its sole discretion that you are violating or intend to violate the Terms. These remedies are in addition to any other remedies Intrack may have at law, in equity or under contract.
Updates to Services and Software and Availability.
Updates to the Services and Software. We may modify, update, or discontinue the Services or Software (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update, or discontinuation. If we discontinue the Services or Software in its entirety, we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid.
Availability. Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country. Access to certain Services (or certain Service features) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.
No Modifications, Reverse Engineering.
Except as expressly permitted in the Terms, you may not (A) modify, port, adapt, or translate any portion of the Services or Software; or (B) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software. If the laws of your jurisdiction give you the right to decompile the Services or Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our suppliers’ proprietary rights in the Services and Software are protected.
Miscellaneous.
Notice to Intrack. You may send notices to us at the following address: [email protected].
Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications.
Non-Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.
Headings. Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.
Severability. If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect.
No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.
Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Intrack) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
