TERMS OF SERVICE

December 31, 2021
This blacklens.io Terms of Service ("TOS") are between blacklens.io from snapSEC GmbH ("blacklens.io") and the customer ("Customer") who accepts this TOS, or accesses and/or uses the blacklens.io Solutions (as defined below). This TOS govern Customer’s subscription to the blacklens.io Solutions and constitute a binding contract in connection with any paid or Evaluation use of the Solutions.
This is a legal, enforceable contract between Customer and blacklens.io, and by executing this TOS, and where no signature box is available, by clicking the "Login" button to access the Solutions (pages of the service, registration and tool pages), or otherwise indicating Customer’s consent to the TOS electronically or through access or use of the blacklens.io Solutions (and such time "Effective Date"), Customer expressly agree to be bound by this TOS and any terms incorporated herein by specified reference (collectively, referred to as the TOS). If Customer is entering this TOS on behalf of another entity or person, Customer hereby represents to blacklens.io that Customer has the authority to bind Customer and its affiliates to this TOS through such consent or use of the Solutions. If Customer does not have such authority, or if Customer does not agree to this TOS, Customer may not subscribe to or use the blacklens.io Solutions. blacklens.io may amend this TOS from time to time in its sole discretion, in which case the new TOS will supersede prior versions. Customer’s continued use of the Solutions or Services following the posting of updated terms of the TOS means that Customer accepts and agrees to the changes.
Capitalized terms will have the meaning assigned to such terms where defined throughout this TOS. Each of blacklens.io or Customer is sometimes described in this TOS as a "Party" and together, "Parties", which Parties agree as follows:

  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" means the Service offered by blacklens.io, 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 blacklens.io systems that facilitate, provide or describe the "Service".
"Network Security Audits" are audits conducted to ascertain the compliance of network Devices with certain published security standards and to disclose security vulnerabilities and may include but are not limited to port scanning and port connections, as well as evaluating services by checking versions and responses to certain requests.
"Web Security Audits" means the crawling of a website to perform testing of forms, application responses, or to confirm the existence of certain files.
"Device" or "Devices" 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 Device.
"URLs" is the address of a web site.
"IPs" or "IP Addresses" refers to the address of a Device.
"Support" means the furnishing of technical assistance and remedies, provided on a best effort basis, via any telematic means chosen by blacklens.io.
"Confidential Information" means any information disclosed by one party to another which is defined as confidential and proprietary as per the TOS.
"Intellectual Property Rights" means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets, and all rights of an equivalent nature anywhere in the world.

  1. Ineligible Parties

To the extent permissible by law, You are ineligible to subscribe to the Service if
    1. You or Your employees have been convicted for any computer or Internet-related crimes; or
    2. if You are more than thirty (30) days overdue on any monies or amounts owed to blacklens.io; or
    3. if You are a competitor of blacklens.io; or
    4. if You are located in a region that is prohibited from using the Service by law; or
    5. if You have already previously been refused the Service by blacklens.io in the past.
Provided that in any case, blacklens.io reserves the right to refuse access to any potential subscriber to the Service should blacklens.io, in its absolute discretion, deem such refusal necessary

  1. 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 TOS, all Your personnel using the Service or accepting these TOS, 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 blacklens.io within reasonable measures to verify the identity and authority of persons using the Service.

  1. Prohibited Uses

    1. Scanning of Thir Party Devices

You must never use or direct the Service to interact with IPs or Devices 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 Devices 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 Device, whether owned by blacklens.io or not.

    1. Reasonable Usage of blacklens.io Service

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

    1. Unlawful Activities

You must not use the Service 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.

    1. Unauthorized Access

      1. You must not access information on the Service Infrastructure for which You are not authorized, or which is not made available intentionally, publicly and in accordance with blacklens.io 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 blacklens.io immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to incident@blacklens.io.
      2. 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 blacklens.io 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.

  1. Support

Support shall be conveyed by telematic means to You in order to help You with Your ongoing use of the Service. Support is available during normal business hours (CET) at blacklens.io. blacklens.io may at its own discretion and without engaging in any statements of service levels with customers, extend its Support availability to other time zones, where feasible.

  1. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS." blacklens.io DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. FURTHERMORE, blacklens.io DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY blacklens.io PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. blacklens.io PARTIES DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY OTHER REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, RELATED TO THE SERVICE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT (OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE) ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL blacklens.io PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS TOS, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF blacklens.io PARTIES, AND EVEN IF blacklens.io PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Copyright and Intellectual Property

The Service is protected by copyright and all other applicable intellectual property laws and treaties of the European Union and other nations and by any international treaties unless specifically excluded herein. blacklens.io Parties own the title, copyright, and other Intellectual Property Rights in the Service.
This TOS does not convey to the Subscriber an interest in or to the Service, but only a limited right of use revocable following the Terms of this TOS. blacklens.io Parties own all rights, titles, and interests in and to the Service. No license or other right in or to the Service is being granted to the Subscriber except for the rights specifically outlined in this TOS. The Subscriber hereby agrees to abide by all applicable laws and international treaties and undertakes to inform blacklens.io of any suspected breach of Intellectual Property Rights belonging to blacklens.io Parties.

  1. Privacy

You agree that blacklens.io may collect and use technical information which You provide or which is acquired by blacklens.io as part of Your use of the Service. blacklens.io 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 blacklens.io 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 blacklens.io from mentioning You. Any additional disclosure by blacklens.io to You or Your company shall be subject to Your prior written consent.

  1. Confidentiality

You acknowledge that the Service and certain other materials are confidential as provided herein. blacklens.io Parties´ confidential information includes any and all information related to the Service and/or business of blacklens.io Parties that is treated as confidential or secret by blacklens.io Parties (that is, it is the subject of efforts by blacklens.io 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 blacklens.io 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 blacklens.io 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 blacklens.io. 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; or
  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 TOS, 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 TOS concerning confidential information. blacklens.io Parties will not be obliged to respect Your confidential information in the case of termination due to Your breach of the TOS conditions, insofar as such information is required for blacklens.io Parties to safeguard their own rights and interests.

  1. Changes in Service

You acknowledge and agree that blacklens.io 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 blacklens.io at any time without notice.

  1. Permission to Attack

You hereby authorize blacklens.io to perform Web and/or Network Security Audits on any Devices, IPs, Hostnames and URLs specified by You. Web and/or Network Security Audits are performed with the assistance of blacklens.io employees or its appointed contractors, and may from time to time include additional probing and validation beyond the scope of blacklens.io automated scanning system. In certain cases, the exploitation of a vulnerability and/or minimal extraction of data from the target server or web application may be conducted to support blacklens.io´s security audit findings or to illustrate a vulnerability to the Customer.
You further authorize blacklens.io to perform Darknet / Dark Web researches to detect published "Deep Web" (also called "hidden web") data based on the domains and IP Adresses provided.

  1. Suspension of Accounts or Audits

blacklens.io reserves the right to suspend the Service being given to You, at any stage, should it in its sole discretion, deem such suspension necessary. blacklens.io reserves the right not to commence or to suspend an audit at any stage, should it deem it necessary, in its sole discretion, to do so.

  1. Storage of Scan Data

blacklens.io is only bound to retain all stored data originating from audits for a limited period of one (1) calendar year.

  1. Indemnity

You agree to indemnify, defend, and hold blacklens.io Parties harmless from any claim, loss, demand, or damage, including reasonable attorneys´ fees, asserted by any third party due to or arising out of Your breach of any provision of this TOS, Your negligent or wrongful acts, and/or Your violation of any applicable laws.

  1. Term and Termination

The contract between the Parties starts with accepting the TOS. The service presuppose a minimum contract period of one year. Unless otherwise agreed, the service will be charged in advance for the respective agreed period. If the contract is not cancelled 30 days before the end of the term, it is automatically extended for another period of time.
Without prejudice to any other rights, blacklens.io may revoke this TOS if You do not abide by the terms and conditions of this TOS.
An Account that has reached its expiry date is to be considered as terminated or revoked. When Your Account is terminated, You must immediately cease and desist from making further use of the Service.

  1. Entire Agreement

This TOS is the entire agreement between You and blacklens.io relating to the Service and Support (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations regarding the Service or any other subject matter covered by this TOS. To the extent that the terms of any blacklens.io terms and conditions, policies, or programs for Support conflict with the terms of this TOS, the terms of this TOS shall prevail.
In addition, the terms set out in this TOS shall prevail and control over any and all additional or conflicting terms or provisions contained in any document of Yours, whether set out in a purchase order or alternative agreement, and any and all such additional or conflicting terms shall be void and shall have no effect.
This TOS:
  1. May not be assigned by You. Any purported assignment will be null and void;
  2. May not be amended by You, but blacklens.io may amend the TOS from time to time and shall incorporate any amended TOS in the latest current version of the Service available at https://blacklens.io and may be provided upon request;
  3. Constitutes the entire understanding between the parties regarding the subject matter of this TOS and supersedes all written and oral prior agreements, negotiations, and discussions between the parties relating to it; and;
  4. Is for the sole benefit of blacklens.io and You and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or because of this TOS.
If this TOS is translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

  1. Severability

If any part of any provision of this TOS is found to be illegal, invalid or unenforceable, that provision shall apply with the minimum modification necessary to make it legal, valid and enforceable, and all other terms shall remain in force. Paragraph headings are for convenience and shall have no effect or interpretation.

  1. Governing Law

This TOS shall be governed by and construed under the laws of Austria, Europe, without regard to conflict of law provisions thereto. You submit to the jurisdiction of any court sitting in Austria, Europe, in any action or proceeding arising out of or relating to this TOS and agree that all claims in respect of the action or proceeding may be heard and determined in any such court. There shall be no class action, arbitration, or litigation under this TOS. blacklens.io may seek injunctive relief in any venue of its choosing. You hereby submit to personal jurisdiction in such courts. The parties hereto specifically exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from this TOS and any transaction between them that may be implemented in connection with this TOS. The original of this TOS has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or to have this TOS written in any language other than English.

  1. Equitable Relief

It is agreed that because of the proprietary nature of the Service, blacklens.io Parties’ remedies at law for a breach by You of its obligations under this TOS will be inadequate and that blacklens.io Parties shall, in the event of such breach, be entitled to, in addition to any other remedy available to it, equitable relief, including injunctive relief, without the posting of any bond and in addition to all other remedies provided under this TOS or available at law.

  1. No Waiver or Delay

The delay or failure of blacklens.io to exercise any right provided in this agreement shall not be deemed a waiver of such right. Any express waiver, delay or failure by blacklens.io to exercise promptly any right under this agreement due to it will not create a continuing waiver or any expectation of non-enforcement.

  1. Force Majeure

A party is not liable under this TOS for non-performance caused by events or conditions beyond that party’s control if that party makes reasonable efforts to perform. This provision does not relieve You of Your obligation to make all payments due.