Term of Service

BY TICKING THE ‘I AGREE THE TERMS OF SERVICE’ CHECKBOX IN THE PAGES OF THE SERVICE (REGISTRATION AND TOOL PAGES), THE ENTITY YOU REPRESENT (THE ‘CUSTOMER’) IS HEREBY AGREEING WITH HELIUM SECURITY TO THE FOLLOWING SERVICE AGREEMENT.

1. Definitions

‘You’, ‘Customer’, ‘Subscriber’ or ‘End-user’ means an individual or a single entity, corporate or other statutory body with legal
personality that uses the Service (as defined below).
‘Service Agreement’ or ‘Terms of Service’ or ‘Terms’ mean the terms as per this Service Agreement.
‘Service’ means the Service offered by Helium Security, including all the tools and functionality accessed via the web interface or
the API (called from the Customer’s computer or a third-party provider).
‘Service Infrastructure’ means all the Helium Security systems that facilitate, provide or describe the ‘Service’.
‘Asset’ or ‘Assets‘ means computer hardware, network, storage, input/output, or electronic control devices, or software installed
on such devices.
‘Hostnames’ means the name used to identify each asset.
‘URLs’ is the address of a web site.
‘IPs’ or 'IP Addresses' refers to the address of a Device.
‘Confidential Information’ means any information disclosed by one party to another which is defined as confidential and
proprietary as per the Terms of this Service Agreement.

2. Your Identity and Authority

You agree to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with the Service. You agree not to impersonate or in any way misrepresent Your affiliation or authority to act on behalf of any person, company, or other entity. By subscribing to the Service or accepting these Terms, all Your personnel using the Service or accepting these Terms, certify that they are authorized to act on Your behalf and are authorized by You as a representative of an individual, business, or other legal entity having contractual usage rights granted by an ISP or Web Host, owning or licensed to use any or all IPs and the associated Devices to which You direct the Service to be performed. You agree to cooperate with Helium Security within reasonable measures to verify the identity and authority of persons using the Service.

3. Prohibited Uses

A. Scanning of Third Party Assets

You are not allowed use the service to interact with IPs or Assets for which You are not expressly authorized to do so. You must not use the Service in such a way as to create unreasonable load on IPs or Assets to which You have directed the Service to interact. You may not use any Service Infrastructure, directly or indirectly to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging network messages to any Assets, whether owned by Helium Security or not.

B. Reasonable Usage of Helium Security Service

You are not allowed, through the use of the Service or by any other means, create unreasonable load on the Service Infrastructure.

C. Unlawful Activities

You are not allowed to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws. Any form of violation of the law will be directed at the user who does it.

D. Unauthorized Access

(i) You are not allowed access information on the Service Infrastructure for which You are not authorized, or which is not made available intentionally, publicly and in accordance with Helium Security Privacy Policy. If You gain access to any information for which You are not authorized, by any means or method, or for any reason, You must report such access to Helium Security immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to [email protected].

(ii) Furthermore, You agree not to provide access to the Service by: a) allowing others to use Your account; b) creating an account for someone who is not authorized to perform the role or view the information for which You have granted access; c) creating an account for an ineligible party as defined in clause 2 above; or d) failing to revoke access for those persons who are no longer authorized to access the Service for any reason. You will immediately notify Helium Security of any unauthorized access from Your account or the accounts of others for which You have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another party’s password for any reason. You will not access someone else’s account, nor disrupt, interfere, or limit the functioning of the Services or other’s enjoyment of the Service. Any breach of the above covenants will result in immediate termination of the Service and, if appropriate, referral to law enforcement authorities.

4. Service Level Agreement

Along with each of our cloud Professional, Team, Business and Enterprise licenses, we include a Service Level Agreement (SLA). Our SLA guarantees 99.9% for our service.

If you encounter issues that does not meet our guarantee, you are entitled to receive a license extension described below.

A. Downtime Policy

Downtime stated in this service commitment does not apply to:

1. Community license user.
2. Downtime due to maintenance activities that have been scheduled and informed to the Customer.
3. Intermittent downtime that occurs over a short period of time.
4. The problem occurs because the license used is not included in the service.
5. Uncontrolled cyber attacks and DOS (Denial of Service) on our third party, namely the cloud server provider.
6. Force Majeure which is beyond the control of Helium. Force Majeure can be (but not limited to) fire, flood, earthquake, war, terrorism, criminal activity, riot, explosion, sabotage, embargo, natural disaster, strike, government policy, change in law or investment policy in Indonesia.

You can request compensation for downtime incurred on the following services:

1. Site downtime
2. Issues in Helium VAPT Tools
3. Issues in Helium Features

B. Compensation

SLA claim requests can be processed through requests on Contact Us (Select the Technical Issues category) and uploading proof of the incident.

Helium will provide compensation according to the following levels:

5. Privacy

You agree that Helium Security may collect and use technical information which You provide or which is acquired by Helium Security as part of Your use of the Service. Helium Security agrees not to use this information in a form that personally identifies You. Each party shall comply with its respective obligations under applicable data protection laws (“DPL”). You agree Helium Security may refer to the name of Your corporation as one of its customers, both internally and in externally published media, unless You expressly, and in writing, restrict Helium Security from mentioning You. Any additional disclosure by Helium Security to You or Your company shall be subject to Your prior written consent.

6. Confidentiality

You acknowledge that the Service and certain other materials are confidential as provided herein. Helium Security Parties’ confidential information includes any and all information related to the Service and/or business of Helium Security Parties that is treated as confidential or secret by Helium Security Parties (that is, it is the subject of efforts by Helium Security Parties, as applicable, that are reasonable under the circumstances to maintain its secrecy), including, without limitation:

1. The Service;
2. Any and all other information which is disclosed by Helium Security to You orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and,
3. Any notes, extracts, analysis, or materials prepared by You which are copies of or derivative works of Helium Security Parties’ confidential information from which the substance of said information can be inferred or otherwise understood (the “Confidential Information”).

During delivery of Support, it will be necessary for confidential information to be exchanged between You and Helium Security. The Recipient may use such confidential information only for the purposes for which it was provided and may disclose it only to employees, or contractors or partners, obligated to the Recipient under similar confidentiality restrictions and only for the purposes it was provided.

Confidential information shall not include information which the Recipient can establish by written evidence:

1. Is already lawfully known to or independently developed by the Recipient without access to the confidential information;
2. Is disclosed in non-confidential published materials;
3. Is generally known to the public;
4. Is rightfully obtained from any third party without any obligation of confidentiality.

The Recipient agrees not to disclose confidential information to any third party and will protect and treat all confidential information with the highest degree of care. Except as otherwise expressly provided in this Service Agreement, the Recipient will not use or make any copies of confidential information, in whole or in part, without the prior written authorization of the other party. The Recipient may disclose confidential information if required by statute, regulation, or order of a court of competent jurisdiction provided that the Recipient provides the other party with prior notice, discloses only the minimum confidential information required to be disclosed, and cooperates with the other party in taking appropriate protective measures. These obligations shall continue to survive indefinitely following the termination of this Service Agreement concerning confidential information. Helium Security Parties will not be obliged to respect Your confidential information in the case of termination due to Your breach of the Service Agreement conditions, insofar as such information is required for Helium Security Parties to safeguard their own rights and interests.

7. Changes in Service

You acknowledge and agree that Helium Security may, in its sole and absolute discretion, modify or remove the Service as necessary. Scans, verification and authentications performed by the Service may also be modified, removed or updated by Helium Security at any time without notice. You hereby authorize Helium Security to perform Web and/or Network scans on any Devices, IPs,Hostnames and URLs specified by You.

8. Suspension of Accounts and Scans

Helium Security reserves the right to suspend the Service being given to You, at any stage, should it in its sole discretion, deem such suspension necessary. Helium Security reserves the right not to commence or to suspend a scan at any stage, should it deem it necessary, in its sole discretion, to do so.