PURPOSE AND CONTENT OF THE WEBSITE

The purpose of these terms of use (the “Terms and Conditions”) is to regulate access to, browsing and use of the website https://www.zerod.io/ (the “Website”), as well as other channels of communication with the hackers. The identification details of the owner of the services are provided below:

• Owner: Cybersec Hub S.L. (“Zerod”)
• Tax Identification Number: B-09.681.867
• Address: Barcelona, calle Josep Irla i Bosch, 1, (08034)
• E-mail: hello@zerod.io
• Website: https://www.zerod.io/

Accessing, browsing or using the Website implies acceptance of all the stipulations set out in these Conditions, as well as the privacy or data protection policy and the cookies policy.

Consultation of the content of the Website shall not in itself constitute any type of contractual relationship and its use is the sole responsibility of the Hacker.

Zerod shall not be liable for any errors or omissions which may exist in the information provided, with the exception of those points required by law, nor for the specific application or use which may be made of the same.

Zerod reserves the exclusive right to update, modify or delete the content of the Website, the Conditions, the privacy policy, and any specific legal warnings which may be applicable to the Website, as well as the right to limit or prevent access to the same. Zerod may exercise these rights at any time and without prior notice.

Ignorance of the content of the Terms and Conditions does not justify non-compliance with it, much less entitles you to take particular or legal actions that do not consider what it is stated in the Terms and Conditions.

Any person who does not accept the Terms and Conditions or who does not meet the requirements indicated in the present Terms and Conditions must refrain from accessing the Website.

If you have any questions regarding these Terms and Conditions or the use of the Website, please contact us by emailing hello@zerod.io

ACTIVITY OF THE OWNER

Zerod is a marketplace that connects you, as an ethical hacker, to clients to provide ethical hacking services anonymously and without concern for their identity. Also, Zerod offers Software as a Service (SaaS) cybersecurity services.

As an ethical hacker, Zerod offers you a platform to connect with clients seeking your expertise. Through our platform, you can contribute to the testing of our clients' platforms, identifying vulnerabilities, and assisting in the enhancement of their security measures.

HACKER STATUS

Hacker shall be understood as the person who accesses, browses, and uses the Website and provides the services or content hosted therein. In other words, Hackers shall be considered to be those who access the marketplace in order to provide the services established therein through Zerod (the “Hackers”).

Browsing and access to the Website does not require prior registration, however, the provision of services or entry to the Zerod professional marketplace is conditional upon registration and acceptance of these Terms and Conditions, the privacy or data protection policy and the cookies policy.

By accepting the above, the Hacker declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions, and also undertakes to make diligent use of the services offered on the Website, as well as the information contained therein, in full compliance with the regulations applicable in each case.

Moreover, the Website can only be used by individuals who have relevant experience, as indicated by Zerod from time to time. Zerod reserves its right to request you, at any moment, for specific or additional or different information.

RULES OF USE

• a. Use of the Service: the Hacker undertakes in all cases to use the Website and persist through it and Zerod its services in a diligent, correct and lawful manner, in accordance with the Law, these Conditions of Use (or those which in each specific case are applicable), regulations for use and instructions made known to him/her, as well as with morality, generally accepted good customs and public order.
• To this effect, the Hacker will refrain from using the website, its contents or provide through it their services in an illegal, prohibited, harmful to the rights and interests of others, or in any way damage, disable, overburden, impair or impede the normal use of services, computer equipment or documents, files and all kinds of content stored on any computer. The Hacker undertakes not to download, share, send or distribute in any other way content or applications that may infringe current legislation, or that may infringe any third-party rights.
• Zerod reserves the right to refuse to accept the Hacker as a service provider on the Website or to deny access to all the professionals on the platform to any person for any reason, or to interrupt the service in whole or in part at any time, with or without prior notice.
• b. Access Control: the Hacker may only access those resources of the information system for which he/she is authorized.
• c. Terms of Use: the Hacker using the Website shall be responsible for:
  • i. Ensuring that the information he/she handles cannot be used by unauthorized persons.
  • ii. Provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete.
  • iii. Safeguard your password and other sensitive credentials. The Hacker further agree that you will not disclose your password to any third party and that you will assume sole responsibility for any activities or actions under your Zerod user, whether or not you have authorized such activities or actions.
  • iv. Manage security permissions and to remove sensitive data in a timely manner to mitigate the risk of security breaches.
  • v. Immediately notify Zerod of any unauthorized use of your Zerod account.
  • vi. If you interact with anyone who you believe is acting or has acted inappropriately, including, but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect is stealing from you, or (iii) engages in any other disruptive behavior, you must immediately report such person to the appropriate authorities and then to Zerod by contacting the reporting number at hello@zerod.io; provided that your report will not oblige us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
• d. Temporary files: the information stored on the Website by Hackers will be retained by the owner for the periods indicated in the privacy pulicy without the owner being liable in any way for the information that the Hackers exports from such systems.
• e. Prohibited conduct:
  • i. The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage, or limit the operation of any software, hardware or telecommunications equipment, or damage or gain unauthorized access to data or other information of any third party not related to the provision of services.
  • ii. Impersonate, interfere with or disrupt the service, servers or networks connected to the services or fail to comply with the requirements, procedures, policies or regulations of networks connected to the services that are not related to the provision of services.
  • iii. Circumvent, circumvent, remove, disable, disable, impair, decode, or otherwise circumvent any technological measures implemented by Zerod or any of Zerod’s suppliers or any other third party to protect the Website, the services or the collective content.
  • iv. Contact and recruit other Hackers or clients to join the services of third parties that are competitors of Zerod.
  • v. systematically retrieve data or other content from Zerod to create, directly or indirectly, in single or multiple downloads, a collection of data either manually or by means of bots, crawlers or the like that is unrelated to the provision of services.
  • vi. Copy, store, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any software that forms part of the Website, except as expressly permitted under these Terms and Conditions, or attempt to expose the source code or attempt to recreate any software that forms part of the Website.
  • vii. Provide the account to any other person for their use, the Hacker being fully responsible for any and all activities that occur under their password or account, and for ensuring that their password remains confidential and secure. The Hacker agrees to immediately notify Zerod of any unauthorized use of your password or account or any other breach of security. Zerod shall not be liable for any loss or damage arising from your failure to comply with the above.
  • viii. Viulate any Applicable Law, including, without limitation, privacy laws.

Zerod shall have the right to investigate and report any of the foregoing conduct in accordance with the law and to cooperate with the authorities in the investigation of such conduct.

The Hacker acknowledges that Zerod has no obligation to monitor the Hacker’s access to or use of the Website or to review or edit the content without prejudice to its right to do so for operational purposes, to ensure compliance with the Terms and Conditions and applicable legislation, administrative, police or judicial requirements.

SPECIFIC CONDITIONS

To use the Website and provide services, you must register by creating a Hacker account. For such purposes you shall provide certain information such as: his/her personal data, including his/her bank card details, information about programming languages, email, username, proof of certifications. You guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, authenticity and for the update of your data. In no case shall Zerod be responsible for the accuracy of your data.

The account is unique and non-transferable. It is prohibited for a Hacker to register or have more than one account. Zerod reserves the right to cancel, suspend or disable the accounts, without prejudice to other legal measures that may be taken in case of breach to these obligations.

Zerod reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation or indemnification.

Zerod may also restrict, suspend, or terminate your account and/or use of the Website, among other reasons mentioned in these Terms and Conditions, for any other reason and unilaterally by Zerod.

Once you created and accessed your account, Zerod will be able to connect you with the clients to perform the Services over the client’ applications. You shall perform the Services in accordance with the services specifications which will be communicated to you.

By agreeing to these Terms and Conditions, you declare you have all means - at your cost - to perform the Services. Moreover, to perform the Services you will ensure to have all the means and equipment including software (e.g., Burpsuite License).

SERVICE

Zerod is a platform whose function is to act as an intermediary between clients and hackers who may provide, among others, penetration testing, or pentesting, being an attack on a computer system with the intention of finding security weaknesses and anything that might have access to it, its functionality, and data (the “Services”).

As a Hacker, you will have the obligation to:

• a. Provide the Services detailing the findings discovered during the performance of the services for the clients.
• b. There’s always the possibility to speak with the client within the platform chat in case of any doubt or clarification.
• c. After the vulnerability report has been delivered, the client must review it and give the approval. When the vulnerabilities have been fixed by the client, the client must request the retest on the platform to verify that everything has been corrected correctly.
• d. The content and format of the vulnerability report will be determined by Zerod at its discretion.
• e. Vulnerability reports are not customizable, except where the tier you purchased includes customizable vulnerability reports.
• f. By using the Zerod Website, you acknowledge that Zerod acts as an intermediary and has a degree of independence in the formulation of its conclusions (as articulated through a Vulnerability Report) and, as such, Zerod will not remove or downplay the findings of a Vulnerability Report at the request of a client without a sufficient factual basis for doing so.

Once Zerod forwards you a request from a client for a Service you have 24 hours to provide us with a fee proposal. If after 24 hours you did not provide us with a fee proposal, Zerod may transfer the Service to another Hacker.

You are responsible for reviewing, understanding, and complying with the services specifications and to perform the Services in accordance with them, this Terms and Conditions, the applicable laws, and regulations. In addition, you shall comply with the service level agreement or KPIs communicated by Zerod to you, from time to time.

Should you have any problem during the provision of the Services, please contact us at hello@zerod.io.

You understand and agree that Zerod does not guarantee a number of Services to be performed by you via the Website.

You shall be solely responsible for the performance outcome of the Services and shall keep Zerod harmless and indemnify it against any claim or damage from the client or any third parties arising from your provision of Services.

SECURITY HACKERS

The Hackers are aware and accept that the relationship between Zerod and the Hackers is a commercial relationship between legally and economically independent parties, each of the Parties being responsible for its obligations and tax and labor charges and holding the other Party harmless with respect to the same.

Hackers agree not to use the Website, or any service provided through the intermediation of Zerod for the commission of any criminal offence or impermissible practice. Hackers agree that if they fail to comply with the above, they shall be liable for the payment of all damages and expenses that Zerod may incur as a result of the offence committed with the Hacker, in addition to a penalty being at least proportionate to the damage caused.

Hackers also undertake to indemnify Zerod or pay Zerod any amounts due for failure to comply with the deadlines agreed with clients, lack of quality in the Services provided through the intermediation of Zerod, or failure to comply with any confidentiality or data protection obligations set out in the Terms and Conditions.

PRICES AND PAYMENTS

Together with the Services requested by the clients on the Website, you will be notified of the applicable fees you will be entitled to after the performance of the Services (“Fees”). In accordance with the provisions of the Spanish Insolvency Law 15/2010, payment for services rendered shall be made in compliance with the payment deadlines set forth in mentioned law. Zerod will process payments only upon satisfactory receipt of payment from the client and the hacker's invoice.

Zerod will coordinate the payment of the Fees to you in the time frame indicated in the request for the Services that Zerod will forward to you.

Fees will be paid by:

• a. Online bank transfer to the bank account informed in your account; or
• b. Such other payment method Zerod may notify from time to time.

You shall pay as they become due, promptly and before infringements to the law, all taxes, assessments, rates, damages, license fees, liens, levies, etc. whether general or special, or ordinary or extraordinary, of every name, nature, and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, in relation with the Services. You will defend and hold harmless Zerod for any claims or damages arising from the non-compliance with this clause.

You shall not receive any other fee, revenue, or other compensation in return for the Services, including any expenses, and you acknowledge that the Fees already take all considerations into account and accordingly contain adequate and fair remuneration in relation to the same. For the sake of clarity, any expenses, or costs necessary for the performance of the Services shall be borne by you.

You hereby understand and agree that Zerod makes no warranty of merchantability or minimum of profits.

Zerod has the right to retain, partially or totally, the Fees in case there are claims by you against Zerod or by third parties against you for your failure to comply with the Terms and Conditions or the Services. Moreover, Zerod reserves its right to set-off any amounts owed to it from the Fees.

You may be required to issue an invoice. You shall determine the applicable taxes. Zerod reserves its right to withhold any amounts due for taxes in accordance with the applicable law.

INVOICING

By accepting these Terms and Conditions, the Hacker expressly authorizes Zerod to issue invoices corresponding to the Services provided exclusively between Zerod and the Hacker. Each invoice generated by Zerod on behalf of the Hacker will be considered automatically accepted by the Hacker, in accordance with the procedure agreed between the parties in these Terms and Conditions.

The issued invoices will include the mention "Invoicing by the recipient" and will be issued with a specific series for this type of operation. Zerod will make available to the Hacker a copy of the invoices issued on their behalf in the Hacker's personal section on the Zerod platform.

The Hacker commits to provide Zerod with all necessary documentation, including, as applicable:

• a. Tax residence certificate
• b. Registration as a business or professional
• c. VAT number for Hackers from the European Union
• d. Responsible declaration, if necessary

Depending on the Hacker's tax situation, the following conditions will apply:

• 1. For Hackers resident in Spain:
  • i. 21% VAT will be applied
  • ii. A 15% withholding will be applied for professionals, or no withholding will be applied for businesses
• 2. For European Hackers registered in the VIES system:
  • i. Invoices will be issued without VAT
  • ii. Zerod will perform the self-assessment of 21% VAT
  • iii. Zerod will declare these operations in model 349
• 3. For European Hackers not registered in VIES or from third countries:
  • i. Invoices will be issued without declaring in model 349
  • ii. The Hacker must provide a tax residence certificate and registration as a business, or a responsible declaration

The Hacker acknowledges and accepts that this invoicing process does not affect Zerod fiscally, which only prepares and sends the invoice on behalf of the Hacker.

CORRECTIVE ACTION

We may, in our sole discretion and at any time, with or without cause, and with or without notice: terminate or modify these Terms and Conditions, terminate, modify, or restrict your access to the provision of the Services, deactivate or terminate your Zerod account, and take such other actions as we deem appropriate in our sole discretion.

Notwithstanding the foregoing, we will not terminate your account if there is an active Service Order in effect unless such termination is for:

• a. A material breach by you of these Terms and Conditions, including, without limitation, any breach of the restrictions described herein;
• b. A material breach of a Service Order, where such breach is not cured within 30 days after receipt of your email or other notice of such breach; or,
• c. A violation of any third-party rights or applicable laws, as determined in our sole discretion.

HACKER’S CONTENT

You are the sole responsible for the content (the “Content”) you post (if available), transfer, transmit or upload on the Website, either in the chat, surveys or in any other available means which may be available on the Website.

Regarding the Content you hereby represent and warrant that:

• a. you are entitled to post or use it;
• b. it does not breach your obligations arising from the Terms and Conditions or any applicable law, included but not limited to IP law or any third-party rights;
• c. it is not subject to confidentiality obligations.

In particular, you oblige not to:

• a. use offensive language against other Hacker or clients;
• b. disrespect other Hacker or clients;
• c. publish, transmit or make available content contrary to law, honor, privacy or image or propaganda of a political, sexist, racist, xenophobic, pornographic, or advocacy of the crime;
• d. publish, transmit or make available any information, element or content that constitutes a violation of the legislation on personal data;
• e. discriminate based on religion, race, sex, national origin, age, marital status, sexual orientation, disability or any other reason;
• f. disrupt or interrupt the applications and or assets of the clients in the Website;
• g. post links or references to external websites or advertising of any kind;
• h. post misleading information or information that may be deemed anticompetitive, unfair competition or progressive consumer advertising;
• i. breach any confidentiality provision or any obligation you may have with a third party.

Zerod may, but is not obliged to, monitor, and modify the Content. Without prejudice of any other legal actions, Zerod may suspend or terminate your account or Services, at its own discretion and with no liability, if you do not comply with the above. You are solely responsible for the Content and agree and oblige to hold harmless and indemnify Zerod for any damage we may suffer for your non-compliance.

REPRESENTATIONS AND WARRANTIES OF THE HACKER

You represent and warrant to Zerod that:

• a. you abide and shall abide by and conform to all rules and regulations adopted by Zerod as well as all applicable federal, state, and local laws;
• b. there are no agreements with any third parties which will prevent, restrict or otherwise interfere with the practical and legal effect intended by the Terms and Conditions and each of its provisions;
• c. your Services do not infringe the clients’ or any third party’s rights (included but not limited to, intellectual property rights, data privacy rights, etc.);
• d. you will perform the Services with the maximum degree of care and in accordance with the industry’s good practices and standards;
• e. you will perform the Services only in accordance with this Terms and Conditions; and,
• f. once you accept the performance of a Services you are committed to comply entirely with it.

Failure to comply with these representations and warranties, as well as failure to provide the Services or to comply with these Terms and Conditions will result in the assumption of a penalty of the total amount paid by the client for the services, plus an additional 30% of this amount, serving as a penalty for the non-compliance in favor of Zerod, payable on first demand.

CONFIDENTIALITY

In the context of the provision of the Services, the parties shall have access to confidential information of the other party. Confidential information means any information relating to the other party, to companies of the same group, or to other persons or entities related to the activities, including, but not limited to, corporate, technical, business, accounting, financial information, programs or software, methods, know-how, plans, drawings, processes (the “Confidential Information”).

In the event that it is legally obliged to disclose all or part of the Confidential Information, the obliged Party shall:

• a. give such written notice as soon as possible and in any event prior to the disclosure or delivery of the Confidential Information, accompanied by copies of relevant documents and information to enable the other Party to take such steps as it considers appropriate to protect its rights and the Confidential Information; and,
• b. determine the content of the Confidential Information that is legally required to be disclosed, unless such content is fixed by a decision of the competent authority requiring each Party to provide such information.

The obligation of confidentiality provided for in this clause shall apply indefinitely even in the event of termination of the provision of the Services, whatever the cause thereof.

PROTECTION OF PERSONAL DATA

The Hacker grant Zerod a worldwide, unlimited, non-exclusive, non-transferable, royalty-free license to use, access, view, copy, display, transmit and store customer data through or via the Website and the Services solely to the extent necessary to operate, maintain, run and provide the Website and the Services, to use, access, view, copy and display, information related to the Applications or Networks to create vulnerability reports or perform security program related tasks; and to create, view, display, transmit and store vulnerability reports related to the Applications or Networks. The Hacker acknowledge that this license grant extends, to the extent necessary to facilitate the performance of the Services, to Zerod personnel and hackers. Except as expressly licensed herein, the Hacker shall retain all right, title, or interest in and to the Applications or Network and all intellectual property rights therein, and except as expressly granted herein, Zerod shall not obtain any right or license therein.

Zerod undertake to comply with all obligations arising from the application of Organic Law 3/2018 of 5 December on the Protection of Personal Data (“LOPD”) and General Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016.

Zerod will process the data set out in the heading relating to natural persons acting on behalf of the Parties in accordance with the LOPD.

Zerod reserves the right to store and dispose of the data of data subjects for the period permitted under data protection law.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The Services are protected by copyright, trademarks and other laws of Spain, the European Union, and foreign countries.

The Hacker acknowledges and agrees that Zerod or its licensors own all right, title and interest in and to the Website, the Services and all results derived from the provision of the Services, including but not limited to techniques, ideas, concepts, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, know-how, graphics, video content or other data or information acquired, created, developed or licensed by Zerod prior to or outside the scope of the Services and all modifications, enhancements and derivative works thereof and all associated intellectual property rights (the “Zerod Property”).

The Hacker agrees that Zerod and its licensors reserve and retain all right, title, and interest in and to the Website, the Services and the content and results derived from the Services. The Hacker may not remove or alter any proprietary notices contained in the Services or content derived from the provision of the Services or modify or attempt to expose the source code or attempt to recreate any software forming part of the Website.

You are not granted any title, license or other right or interest by implication or otherwise under any intellectual property rights owned or controlled by Zerod or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.

Zerod reserves the right to take appropriate legal action against Hacker who violate or infringe intellectual property rights and to remove infringing content.

LICENSING OF HACKER

The Hacker acknowledges and agrees that Zerod has the right to collect and create high-level, generic, anonymous, statistical, or benchmarking data derived from the use of the Website and the provision of the Services, results, and information (the “Statistical Data”).

All Statistical Data is the sole and exclusive intellectual property of Zerod.

The Hacker shall retain all right, title, or interest in and to its data and Confidential Information and all intellectual property rights therein.

The Hacker understands and agrees that Zerod shall be entitled to share the Hacker’s agreement details with external partners and service providers in connection with the provision of the Services and to allow such partners to provide other software or services related to the Services.

LICENCE TO USE THE WEBSITE

Zerod grants the Hacker a personal, non-transferable, non-sublicensable, revocable, non-exclusive licence to use the Zerod services through the Website on the terms described herein. Zerod reserves all other rights not expressly granted.

The contents of the Zerod services are protected by copyright, trademark, and other proprietary rights laws. Zerod is the owner of the copyrights and trademarks displayed on the Website. Hacker may not modify, copy, reproduce, reproduce, republish, upload, transmit or distribute in any way the material on this service including text, video, graphics, code, and software, except with the prior written consent of Zerod.

Hacker may not use data mining tools to collect or copy any content or data relating to the service or its users in a manner not authorized by Zerod. Similarly, Hacker may not use framing techniques, or use meta tags or any other “hidden text” using Zerod’s name or brand without Zerod’s permission.

The rights granted will terminate without notice if the Hacker breaches any term of the Terms and Conditions or Privacy Policy. Upon termination of the Licence, the Hacker shall cease all use of the Website, and destroy or uninstall all copies, in whole or in part.

ADVERTISING

The Website may host advertising or sponsored content. Advertisers or sponsors are solely responsible for ensuring that the material submitted for inclusion on the Website complies with the laws that may be applicable in each case. Zerod shall in no event be liable for any advertising or sponsored content included on the Website.

LINKS

The Website may contain links to third-party websites. However, Zerod accepts no liability whatsoever for the links or the content which may appear on such websites. Likewise, their existence does not imply that Zerod endorses, promotes, guarantees, or recommends the linked websites. Thus, the Hacker is responsible for accepting and checking the accesses each time he/she accesses them.

On the other hand, third parties who intend to include a link to this Website on a web page must comply with current legislation and may not host content, which is inappropriate, illegal, violent, etc. Zerod is not responsible for the content of the Website, nor does it endorse, promote, guarantee, or recommend the content of the Website.

NON-WARRANTY CLAUSE ON CONTRACTED SERVICES

Zerod offers no guarantee as to the accuracy, quality, reliability, legality, or non-violation of rights by Hacker. In this respect, Hacker declare that they understand that Zerod is an independent company which accepts no liability whatsoever for the actions carried out by Hacker or for any damages which they may suffer as a result of a breach of these Conditions of use. Zerod guarantees the quality of the Services, ensuring that, in the event that the Services are not provided with the required level of diligence and professionalism, Zerod will act against the professional who has contacted the Hacker.

LIABILITY

The Hacker is aware and voluntarily accepts that the provision of the Services takes place, in all cases, under his or her sole and exclusive responsibility, and shall therefore be liable for any damages of any kind which Zerod may suffer as a result of breach of any of the obligations of these conditions of use.

The Hacker undertakes to use the Website in accordance with the Law, these conditions of use, good customs, and public order. Likewise, the Hacker undertakes not to use the Website, its contents or services provided through it for illicit purposes or effects, being contrary to these conditions, or harmful to the interests or rights of third parties, or which, in any other way, may damage, render inaccessible or deteriorate the Website, its contents or prevent normal use of the same by other users.

The Hacker undertakes not to insert illegal content on the Website and to comply with all applicable regulations concerning the display of content. Zerod reserves the right to remove content from the Website which it considers inappropriate for the characteristics and purposes of the Website.

By accepting these Terms and Conditions, the Hackers agree and guarantee that the only interlocutor between them will be Zerod, and that none of the aforementioned will be able to negotiate or contact each other directly.

Consequently, the Hackers shall not, under any circumstances, provide the clients with personal data (such as telephone, mail or other). In order to ensure the above, Zerod may monitor conversations between the client and the Hacker, with the users authorizing, by accepting these Terms and Conditions, such monitoring. In the event that any of the Hacker provide their personal data, Zerod shall be entitled to take such measures as it deems appropriate, including blocking the Hacker from the Website, preventing the Hacker from using the Website for such period as Zerod deems necessary, and claiming damages as appropriate.

LIMITATION OF LIABILITY

Except as otherwise expressly provided in these Terms and Conditions, by ordering the Services, you agree that any legal remedy or liability you seek to obtain for any acts or omissions of, any individual or other third parties shall be limited to a claim against the particular individuals or other third parties who caused you harm and you agree not to seek to impose any liability against Zerod in respect of the acts or omissions of other individuals or third parties.

The Hacker acknowledge and agree that, to the maximum extent permitted by applicable law, neither Zerod nor its licensors, suppliers or contractors shall be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data or loss of goodwill, interruption of service, computer damage or system failure or cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms, the use or inability to use the site, the services or the collective content, from any communication or interaction with other users of the site or the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Zerod has been advised of the possibility of such damage, even if it is determined that a limited remedy set forth herein has failed of its essential purpose.

To the maximum extent permitted by applicable law, Zerod’s total aggregate liability arising out of or related to the Services provided by Zerod, including, without limitation, from its listing of its security program or vulnerability reporting through the Services, shall not exceed the aggregate total of the amounts set forth in this Agreement, shall exceed the aggregate of the amounts paid by Zerod to you in the 2 month period prior to the event giving rise to the liability.

The limitations of damages set forth above are fundamental elements of the basis of the agreement between Zerod and you by virtue of the present Terms and Conditions. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not fully apply to you, in which case you agree that this provision shall apply to the maximum extent permitted by law.

INDEMNIFICATION

The Hacker agree to release, indemnify, and hold harmless Zerod and its affiliates and subsidiaries, and their officers, directors, employees, and agents, from and against any and all third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

a. your access to or use of the Website or the Services;

b. data, including, without limitation, data that infringes the rights of third parties, including intellectual property rights;

c. your breach of any of your representations, warranties or obligations under these Terms and Conditions;

d. your improper or unlawful interaction with any other person accessing the Website;

e. your misrepresentation, negligence, or willful misconduct in connection with your performance of these Terms and Conditions; and,

f. your violation of applicable law (the “Indemnified Claims”).

MODIFICATION OF CONTENT AND TERMS AND CONDITIONS

Zerod may update or modify these Terms and Conditions. In such event, the update will be posted in a conspicuous place on the Website so that the Hacker is aware of any changes. In this respect, the Hacker accepts that any changes made shall be binding and shall come into force as soon as they are published. In this way, the Hacker undertakes to always check the most recent version of the Terms and Conditions available on the Website.

FORCE MAJEURE

We will do our best to fulfil our obligations. However, we shall not be liable for delay or failure to perform a contract if the delay or failure to perform is due to any force majeure.

Force majeure is understood to include, but is not limited to, the following: strikes, lockouts or other industrial action, civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster, impossibility of use of trains, ships, aircraft, motor transport or other means of transport, public or private, impossibility of using public or private telecommunication systems, acts, decrees, legislation, regulations or restrictions of any government or public authority, failure or accidents of maritime or inland waterway transport, postal or any other form of transport.

GOVERNING LAW AND JURISDICTION

This Terms and Conditions are governed by Spanish common law. For the resolution of any questions that may arise as a result of this Terms and Conditions, both Parties submit to the jurisdiction of the Judges and Courts of Barcelona, expressly waiving any other jurisdiction that may correspond to them.

I have read and accepted the aforementioned general conditions of the Zerod service in my capacity as a Hacker.

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