I. SYNACK.COM TERMS AND CONDITIONS OF USE
The following Terms and Conditions apply when you view or use the website located at synack.com (the “Site”). Synack offers a platform and related services to businesses seeking to securely crowdsource vulnerability testing of their websites by allowing volunteer members of the public (who have registered and been approved as a “Researcher”) to identify and report software bugs. Researchers may be eligible for “bug bounties”, or awards if they meet the eligibility criteria. Synack’s services are offered to customers subject to a confidential stand-alone Customer Agreement and Researchers similarly must agree to a separate and confidential Researcher Agreement.
SITE VISITORS: Please review the following terms carefully. By accessing and interacting with the Site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Site.
NOTE TO BUSINESSES: For the terms and conditions applicable to your access to and use of the Synack Platform and Services, please refer to your Customer Agreement.
NOTE TO RESEARCHERS: These terms apply to you when you are visiting or interacting with www.synack.com. For the terms and conditions applicable to your access to and use of the Synack Platform and Services, please refer to your Researcher Agreement.
These Terms and Conditions include a release by you of all claims for damage against us that may arise out of your access to or use of this Site. By using this site, you agree to this release.
III. ABOUT SYNACK
Synack contracts with businesses who then post requests seeking registered researchers to find vulnerabilities in one or more of the company’s products on Synack’s platform. Through the Synack platform, these researchers can access posted research projects, communicate with Synack, Synack’s commercial customers and other researchers about the projects, and test for vulnerabilities on customer-provided test environments or products. Synack then administers the payment of monetary awards to researchers for valid, eligible vulnerabilities.
IV. RULES FOR SITE VISITOR CONDUCT
Your permission to access and interact with the Site is conditioned upon the Use Restrictions and the Conduct Restrictions.
USE RESTRICTIONS. You agree that you will not under any circumstances:
send unsolicited bulk communications;
register for multiple accounts;
transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the Site (or the Synack platform and service) for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s Synack account without permission;
provide false or inaccurate information when registering an account on Synack;
interfere or attempt to interfere with the proper functioning of Synack’s Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
will not use the communication systems provided by or contacts made on Synack for any commercial solicitation purposes;
will not publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS. The following rules pertain to User Content, defined as any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Synack Service, or that other users upload or transmit, including without limitation any comments. By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your Synack account;
You will not transmit information that is false or inaccurate;
You will not transmit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Synack; and
You hereby affirm we have the right to determine whether any of your Content transmissions are appropriate and comply with these Terms of Service, remove any and/or all of your communications, and terminate your account with or without prior notice.
ACCESS, DISCLOSURE, AND REMOVAL RIGHTS. You acknowledge and agree that Synack may access or disclose information about you, including the content of your communications, in order to:
Comply with the law or respond to lawful requests or legal process;
Respond to your requests;
Protect the rights or property of Synack, or its customers, including the enforcement of these Terms and Conditions, our customer and researcher agreements, or other policies governing the use of our platform, Service, and Site;
Act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Synack’s employees, customers, or the public.
HOW YOU MAY USE OUR MATERIAL. You may use the Services, including the Sites, and any information, data, images, tools, results, content, applications and other material made available via the Services, including any such material that is owned by third parties (collectively, “Materials”) SOLELY FOR YOUR RECREATIONAL, PERSONAL, NON-COMMERCIAL USE and otherwise in accordance with the Terms and the Researcher Agreement, if you have registered with Synack. You may not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material without the prior written consent of Synack.com, and (where applicable) Synack’s customer.
V. LIMITATION OF LIABILITY
We reserve the right, but are not obligated, to limit or deny access to the Site and to take other appropriate action if a user violates these Terms and Conditions or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Unauthorized use may result in criminal and/or civil prosecution under federal, state and local law. If you become aware of misuse of our Service, please contact us at firstname.lastname@example.org.
VI. LICENSE GRANT
By communicating on Synack, you expressly grant, and you represent and warrant that you have a right to grant, to Synack a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Synack’s Services.
VII. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
VIII. DISCLAIMER; LIMITATION OF DAMAGES; RELEASE
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYNACK MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SYNACK, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR INFORMATION OR CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SYNACK SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH SYNACK OR ANY OTHER USER OF THE SYNACK SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SYNACK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you have a dispute with one or more users or a Business with who you chatted through our Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code s1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify and hold harmless Synack, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to Synack; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of Synack.
X. MODIFICATION OF TERMS AND CONDITIONS
We can amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes. If you continue to access or use the Site, you signify your agreement to our revisions to these Terms and Conditions.
XI. APPLICABLE LAWS; VENUE
These Terms and Conditions and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California. Any action related to this Site will be filed only in the appropriate state or federal court located within San Mateo County, California. By using this Site, you signify your consent to the jurisdiction of the state and/or federal courts located with San Mateo County, California.
XII. SUGGESTIONS AND FEEDBACK
Synack welcomes your feedback and inquiries. If you have any comments or questions, please contact us by sending an email to email@example.com.