Last updated: November 29, 2023
ABOUT THE OVERSECURED PLATFORM
The Oversecured platform is designed for researchers and companies who
would like to improve the safety and security of mobile apps. The
Platform offers the ability to scan publicly distributed mobile apps
in order to:
- take part in bug bounties or vulnerability disclosure programs;
- pentest own projects or authorized third party projects;
- gather vulnerability statistics;
- conduct research aimed at improving the security of mobile apps.
The users can use the service to obtain information about vulnerabilities
in their mobile apps.
The scan report will be divided into categories as determined by the Oversecured
team.
Researchers can study and check the security of any app, without being
the owner of it, but with a proper authorization from the app owner. Researchers
should inform the app owners of any vulnerabilities they discover in such
apps in good faith. If an individual researcher is acting on behalf of
a company, he is obliged to mention in his report the fact that the vulnerabilities
were discovered using the Oversecured Service.
Companies that own apps may purchase a subscription and may only scan the
app for which they have a subscription, with a view to integrating the
Oversecured Service into the development and release process for new versions.
NO UNLAWFUL OR PROHIBITED USE
As an obligatory condition of your usage of the website and the
services, you warrant to Oversecured that you will not use the website
or the services for any purpose that is unlawful or prohibited by
these terms.
You may not use the website and the services in any manner that could damage,
disable, overburden, or impair the website or the services, or interfere
with any other party's use and enjoyment of the website or the services.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the
website or the services.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances, and regulations regarding your use of the website
and services. Oversecured reserves the right to investigate complaints
or reported violations of our Terms of Use and to take any action we deem
appropriate, including but not limited to canceling your account, reporting
any suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic information,
as allowed under our Privacy Policy.
DEFINITIONS
The following capitalized terms shall have the meaning specified
within the Definitions section below.
* "Researcher" means a security researcher or anyone who is willing to
help companies and other organizations find bugs and vulnerabilities in
their mobile applications or computer systems. Researcher means an individual
or entity using the Oversecured Platform to scan mobile apps they do not
own, for research purposes.
* "Integrated Company (Company)" means a company that automates its mobile
app security improvement processes using Oversecured Services via Integration.
Organizations obtain the ability to improve their apps' protection, speed
up the process of discovering vulnerabilities, and prevent their release
to production.
* "Confidential Information" means any confidential or proprietary business
or technical information about a party related to the Services. Confidential
Information does not include any information that (i) was publicly known
and made generally available in the public domain prior to the time of
disclosure by the disclosing party; (ii) becomes publicly known and made
generally available after disclosure by the disclosing party to the receiving
party; (iii) is already in the possession of the receiving party at the
time of disclosure by the disclosing party; or (iv) is obtained by the
receiving party from a third party without a breach of such third party's
obligations of confidentiality.
* "Oversecured" means Oversecured Inc., a Delaware corporation.
* "Oversecured Platform" means the Oversecured Platform vulnerability coordination
software-as-a-service offered by Oversecured.
* "Oversecured Site" means Oversecured's website located at oversecured.com
and related domains and subdomains.
* "Services" means the Oversecured Platform and any related service made
available by or through Oversecured.
* "Scan Report" means a report on the scan of a mobile app generated using
the Oversecured service, in text, graphics, image, software, works of authorship
of any kind, and information or other material that was provided or otherwise
become available through the Oversecured Platform.
* "Registered User (User)" means any user of the site who possesses an
account. It may refer either to a Researcher or a Company.
* "Single Scan" means a scan of each APK file for a fixed fee, where the
User receives a report on vulnerabilities found for each app submitted
for scanning.
* "Integration" means a subscription charged for a period of time, where
the User may perform an unlimited number of scans of the integrated app,
with additional features not available in Single Scan.
CHANGES TO THE TERMS
Oversecured may modify the Terms at any time upon notice to Registered Users. If the Registered User continues to use the Services after Oversecured has modified the Terms, the Registered User will be deemed to have agreed to be bound by the modified Terms.
PAYMENTS
The Services are provided for a fee specified on the purchase form for
each specific product like Single Scan or Integration. We may also
send you an invoice in your account or by email with a specific
product and price. All prices are set in US dollars, and the Users
solely bear currency exchange and banking fees.
Oversecured does not represent or warrant that a particular price will
be offered indefinitely and reserves the right to change the prices for
or alter the features and options without prior notice.
If the Services provide functionality of payment with a banking card, you
may agree to automatic and/or recurrent withdrawal of funds from your account.
If you use a third party payment provider you should review the agreement
of such service provider before making payment.
USER'S PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE
TERMS. Charges for Single Scans are billed and should be paid prior to
scanning. Charges for Integration are billed and paid in advance of each
subscription period via wire transfer.
You must provide accurate and complete information for a valid payment
method that you are authorized to use.
You must promptly notify us of any change in your invoicing address and
must update your account with any changes related to its payment method.
If Oversecured does not receive payment from User's payment method, User
agrees to pay all amounts due upon demand. Any amount not paid when due
will be subject to finance charges equal to 1.5% of the unpaid balance
per month or the highest rate permitted by applicable law, whichever is
less, determined and compounded daily from the date due until the date
paid. User will reimburse any costs or expenses (including, but not limited
to, reasonable attorneys' fees) incurred by Oversecured to collect any
amount that is not paid when due. Oversecured may accept payment in any
amount without prejudice to Oversecured's right to recover the balance
of the amount due or to pursue any other right or remedy. Amounts due to
Oversecured may not be withheld or offset by the User for any reason against
amounts due or asserted to be due from Oversecured.
All payments required by these Terms are stated exclusive of all taxes,
duties, levies, imposts, fines, or similar governmental assessments, including
sales and use taxes, value-added taxes ("VAT"), goods and services taxes
("GST"), excise, business, service, and similar transactional taxes imposed
by any jurisdiction and the interest and penalties thereon, excluding taxes
based on Oversecured's net income (collectively, "Taxes"). User shall be
responsible for and bear Taxes associated with its purchase of, payment
for, access to or use of the Services. Where the responsibility to remit
Taxes falls upon Oversecured, the Taxes will be added to the payment and
payable to Oversecured at the same time as the payment. Taxes shall not
be deducted from the payments to Oversecured, except as required by law,
in which case User shall increase the amount payable as necessary so that
after making all required deductions and withholdings, Oversecured receives
and retains (free from any Tax liability) an amount equal to the amount
it would have received had no such deductions or withholdings been made.
User hereby confirms that Oversecured can rely on the name and address
set forth in its account as being the place of supply for Tax purposes.
Oversecured's and User's obligations under this Section shall survive the
termination or expiration of these Terms.
INDEPENDENT TRANSACTIONS
Any contract or other interaction between Registered Users will be between the Registered Users. Oversecured is not a party to such contracts and disclaims all liability arising from or related to such contracts.
TERMINATION
Oversecured may terminate any Registered User's access to and use of the Oversecured Platform, at Oversecured's sole discretion, at any time and without notice to the User. A Registered User may cancel a Registered User's account at any time by sending an email to support@oversecured.com. Upon any termination, discontinuation or cancellation of the Services, the Oversecured Platform or Registered User's account, the following provisions of the Terms will survive: No Endorsement, Independent Transactions, Ownership, Warranty Disclaimers, Limitation of Liability, and Dispute Resolution.
COPYRIGHT POLICY
Oversecured respects copyright law in all jurisdictions in which it does business and expects its users to do the same. It is Oversecured's policy to terminate in appropriate circumstances Registered Users which repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Persons who have reason to believe that their intellectual property rights have been infringed on the website may contact Oversecured and request the deletion of or blocking of access to the material that violates their copyright by sending an email to support@oversecured.com. Oversecured will consider such complaints. Once Oversecured is satisfied of the fact of a violation it will take appropriate action.
LINKS TO WEBSITES OR RESOURCES OF THIRD PARTIES
The Services may contain links to third-party websites or resources. Oversecured provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. The Registered User acknowledges sole responsibility for and assumes all risk arising from the Registered User's use of any third-party websites or resources.
CONFIDENTIAL INFORMATION
Oversecured understands that it may receive Confidential Information belonging to the Registered User, and the Registered User understands that it may receive Confidential Information belonging to Oversecured. The receiving party undertakes not to divulge to third parties any Confidential Information belonging to the other party and not to use any Confidential Information belonging to the other party for any purposes not provided for in the Terms, on condition that Registered Users agree that Platform usage statistics gathered by Oversecured are not Confidential Information.
NO ENDORSEMENT
Oversecured does not endorse any User. Oversecured is not responsible
for any damage or harm resulting from any User's communications or
interactions with any other User, either through the Services or
otherwise. Any reputation ranking or description of any User as part
of the Services is not intended by Oversecured as an endorsement of
any type. Any selection or use of any User is at the User's own risk.
Any use of or reliance on Scan Reports that the User receives is at the
User's own risk. Oversecured does not endorse, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Scan Report.
Under no circumstances will Oversecured be liable in any way for any Scan
Report, including, but not limited to, any errors or omissions in any Scan
Report, or any loss or damage of any kind incurred as a result of the use
of any Scan Report. Users are not employees, contractors or agents of Oversecured,
but are independent third parties who receive scan reports through the
Services. The User agrees that any legal remedy that the User seeks to
obtain for actions or omissions of another User or other third parties
regarding the User, including Scan Reports, will be limited to a claim
against the particular User or other third parties who caused harm to the
User, and the User agrees not to attempt to impose liability on Oversecured
or seek any legal remedy from Oversecured with respect to such actions
or omissions.
Oversecured bears no responsibility for actions or omissions of Users who
receive Scan Reports.
OWNERSHIP AND LICENSES
Oversecured does not claim any ownership rights in any User's
Material, and nothing in the Terms will be deemed to restrict any
rights that the User may have to use and exploit the User's Material.
The User acknowledges and agrees that Oversecured may collect
statistical and other information, which will not identify a
particular User, and use such information internally at Oversecured.
Subject to the User's rights in any Material, Oversecured and its
licensors exclusively own all right, title and interest in and to the
Services, Scan Reports and content contained thereon, including all
associated intellectual property rights. The User acknowledges that
the Services and Oversecured content are protected by copyright,
trademark, and other laws of the United States and foreign countries.
Subject to the User's compliance with the Terms, Oversecured hereby grants
to the User a non-exclusive, non-transferable, non-sublicenseable, worldwide,
royalty-free license to access and view the content that Oversecured makes
available on the Services solely in connection with the User's permitted
use of the Services.
Subject to the User's compliance with the Terms, Oversecured hereby grants
to the User a non-exclusive, non-transferable, non-sublicenseable, worldwide,
royalty-free license to access and view the Scan Reports that Oversecured
makes available on the Services.
The User hereby grants Oversecured a non-exclusive, non-revocable, perpetual,
freely transferable, freely sublicenseable, worldwide, royalty-free license
to access, view and analyze the User Materials for the purpose of vulnerability
detection. User Materials related to Single Scans and Integrations will
be deleted by Oversecured after the scanning.
WARRANTY DISCLAIMERS
The Services are provided by Oversecured "as is," without warranty of any kind. Without limiting the foregoing, Oversecured explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of the course of dealing or usage of trade. Oversecured makes no warranty that the Services will meet the User's requirements, as applicable, or be available on an uninterrupted, secure or error-free basis.
USER'S WARRANTIES
The User warrants that he is the lawful owner of the materials
processed by the User with the Services ("User Materials"), that such
User Materials have been lawfully developed or acquired by User, and
that use of such User Materials will not infringe on any third party
intellectual property. The User agrees to indemnify and hold
Oversecured harmless from any and all losses, claims, damages,
expenses or liabilities (including reasonable attorneys' fees) which
Oversecured may incur based on User Materials.
By using the Services, you specifically agree not to engage in any activity
or transmit any information that, in our sole discretion:
Is illegal, or violates any federal, state, or local law or regulation;
Advocates illegal activity or discusses illegal activities with the intent
to commit them;
Violates any third-party right, including, but not limited to, right of
privacy, right of publicity, copyright, trademark, patent, trade secret,
or any other intellectual property or proprietary rights;
Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory,
sexually explicit or pornographic, discriminatory, vulgar, profane, obscene,
libelous, hate speech, violent or inciting violence, inflammatory, or otherwise
objectionable;
Interferes with any other party's use and enjoyment of the Services;
Attempts to impersonate another person or entity;
Is commercial in a way that violates these Terms, including but not limited
to, using the Services for spam, surveys, contests, pyramid schemes, or
other advertising materials;
Falsely states, misrepresents, or conceals your affiliation with another
person or entity;
Accesses or uses the account of another user without permission;
Distributes computer viruses or other code, files, or programs that interrupt,
destroy, or limit the functionality of any computer software or hardware
or electronic communications equipment;
Interferes with, disrupts, disables, overburdens, or destroys the functionality
or use of any features of the Services, or the servers or networks connected
to the Services;
"Hacks" or accesses without permission our proprietary or confidential
records, those of another user, or those of anyone else;
Improperly solicits personal or sensitive information from other users
including without limitation address, credit card or financial account
information, or passwords;
Decompiles, reverse engineers, disassembles, or otherwise attempts to derive
source code from the Site, except as expressly permitted in these Terms
or by law, unless and then only to the extent permitted by applicable law
without consent;
Removes, circumvents, disables, damages, or otherwise interferes with security-related
features, or features that enforce limitations on use of the Services;
Uses automated or manual means to violate the restrictions in any robot
exclusion headers on the Services, if any, or bypasses or circumvents other
measures employed to prevent or limit access, for example by engaging in
practices such as "screen scraping," "database scraping," or any other
activity with the purpose of obtaining lists of users or other information;
Modifies, copies, scrapes or crawls, displays, distributes, publishes,
licenses, sells, rents, leases, lends, transfers, or otherwise commercializes
any materials or content on the Services;
Uses the Services for benchmarking, or to compile information for a product
or service;
Downloads (other than through page caching necessary for personal use,
or as otherwise expressly permitted by these Terms), distributes, posts,
transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses,
creates derivative works from, or offers for sale any content or other
information contained on or obtained from or through the Services, by any
means except as provided for in these Terms or with the prior written consent
of Oversecured; or
Attempts to do any of the foregoing.
In addition, Users shall not, and shall not permit others to, do the following
with respect to the Services:
Use the Services or allow access to them in a manner that circumvents contractual
usage restrictions or that exceeds authorized use or usage metrics set
forth in these Terms;
License, sub-license, sell, re-sell, rent, lease, transfer, distribute
or time share or otherwise make any portion of the Services available for
access by third parties except as otherwise expressly provided in these
Terms; or
Access or use the Services for the purpose of: (i) developing or operating
products or services intended to be offered to third parties in competition
with the Services or (ii) allowing access to your account by a direct competitor
of Oversecured.
You acknowledge that we have no obligation to monitor your – or anyone
else's – access to or use of the Services for violations of these Terms,
or to review or edit any content. However, we have the right to do so for
the purpose of operating and improving the Services (including without
limitation for fraud prevention, risk assessment, investigation and customer
support purposes, analytics, and advertising), to ensure your compliance
with these Terms and to comply with applicable law or the order or requirement
of a court, consent decree, administrative agency or other governmental
body.
LIMITATION OF LIABILITY
No party to the Terms will be liable for any incidental, special,
exemplary or consequential damages, including lost profits, loss of
data or goodwill, service interruption, computer damage or system
failure or the cost of substitute services arising out of or in
connection with the terms or from the use of or inability to use the
Services, whether based on warranty, contract, tort (including
negligence), or any other legal theory, and whether or not such party
has been informed of the possibility of such damage.
OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THESE TERMS OR TO YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION
WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY
ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY
OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID
BY YOU TO OVERSECURED FOR THE SERVICE(S) GIVING RISE TO THE CLAIM UNDER
THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE
FIRST EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER. THE
EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
Some jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, so the above limitation may not
apply.
DISPUTE RESOLUTION
The Terms and any action related thereto will be governed by the laws
of California without regard to its conflict of laws provisions. Any
and all disputes arising out of or concerning the Terms shall be
brought exclusively within the Superior Court for the County of San
Francisco or the United States District Court for the Northern
District of California.
The User hereby submits to the personal jurisdiction of such courts and
waives any and all objections to the exercise of jurisdiction, venue or
inconvenient forum in such courts.
The parties understand that, absent this mandatory arbitration section,
they would have the right to sue in court and have a jury trial. They further
understand that, in some instances, the costs of arbitration could exceed
the costs of litigation and the right to discovery may be more limited
in arbitration than in court. The parties further agree that the arbitration
shall be conducted in the party's respective individual capacities only
and not as a class action or other representative action, and the parties
expressly waive their right to file a class action or seek relief on a
class basis. YOU AND OVERSECURED AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If
any court or arbitrator determines that the class action waiver set forth
in this paragraph is void or unenforceable for any reason or that an arbitration
can proceed on a class basis, then the arbitration provisions set forth
above shall be deemed null and void in their entirety and the parties shall
be deemed to have not agreed to arbitrate disputes.