March 19,2024

Subscription Agreement

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these Terms & Conditions for using the Secure Blink Platform.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE SUBSCRIPTION TERMS & CONDITIONS BEFORE YOU USE THE SERVICE OF THE SECURE BLINK PLATFORM, AS YOU SHALL BE BOUND BY ALL THE SUBSCRIPTION TERMS & CONDITIONS CONTAINED HEREIN upon clicking on the “I ACCEPT” button.

If You do not accept any of the Terms & Conditions stipulated, kindly refrain from availing any of the Services being provided by the Secure Blink Platform.

YOUR AGREEMENT TO THE TERMS & CONDITIONS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND SECURE BLINK PLATFORM IN RESPECT OF THE SERVICES OF THE SECURE BLINK PLATFORM.

Your engagement with Secure Blink permitted use of the Secure Blink Platform are subject to your acceptance of these Terms & Conditions. Secure Blink reserves the right, at its sole discretion, to change, modify, add or remove these Terms & Conditions, in part or in whole, at any time, without prior notice to You.

It is Your responsibility and duty to check the Terms & Conditions periodically for changes. Your continued use of the Secure Blink Platform following the posting of changes will mean that You accept and agree to the changes.
As long as You comply with these Terms & Conditions, Secure Blink grants You a personal, non-exclusive, non-transferable, limited Permitted Use to enter and use the service on the Secure Blink Platform.

1. Definitions

   1. “Acceptance” means your affirmative action of clicking on the box against the words“ I Accept” provided at the end of these Terms & Conditions for Subscription, by which action, you unequivocally accept the Terms & Conditions and any modifications thereof;
   2. “Affiliates” in relation to the Secure Blink shall mean any Person that controls, is controlled by or is in common control of the ownership of Secure Blink. For purposes of this definition, “Control” means the power to direct the management or policies of a Person, whether through the ownership of such Person, or through contractual arrangements or otherwise; 
   3. “Agreement” The Agreement or this Agreement or Terms shall refer to this ‘Terms and Conditions” to use the website and shall form a complete agreement between the Secure Blink, and the Licensed User; 
   4. “Applicable Laws” means the laws in force in India applicable to Secure Blink, and its Platform, or any of its respective Affiliates, properties, assets, officers, directors or employees, agents, consultants, subscribers as the case may be, in their respective jurisdiction of existence or operation;
   5. “Licensed User” shall mean any Person who is licensed for Permitted Use of the Secure Blink Platform; 
   6. “Permitted Use” shall mean and include permitted use/limited granted to the User by the Secure Blink for availment of the Platform, as per the terms and conditions;
   7. “Person” shall mean and include any natural or any legal person having a valid capacity to enter into an agreement with Secure Blink.
   8. “Secure Blink” or “ We” or “ Us” or “ Our” shall mean Secure Blink Tech Private Limited, a company incorporated under the Companies Act, 2013, and having its corporate office at 4th Floor, Plot No- 7-10 Sector 126, Noida, UP –201303.
   9. “Services” shall mean the Secure Blink’s business of providing Application Security Management Platform through it’s product Threatspy against subscription based income from the Licensed User, as per the Permitted Use of the Secure Blink Platform, upon on payment of stipulated Subscription Fee;
   10. “Subscription Fee” shall mean and include a fee payable by the Licensed User for the purpose the use of Services of Secure Blink and its Platform; 
   11. “ You” or “ Your” or “ Yourself” shall mean any Person who have executed an Agreement of availing Service(s) with the Secure Blink through grant of permitted use of the Secure Blink Platform; 
   12. These terms are between Licensed User (“You”, “Your”), and Secure Blink. Please read these terms and conditions for Permitted Use, along with the Privacy Policy, Terms of Use, and all other rules and policies made available or published on Secure Blink Platform (including, but not limited to, any rules or usage provisions specified on any page or on any help or other informational page on Secure Blink Platform) (collectively, this "User Subscription Agreement" or “Agreement” ). The versions of the above-mentioned policies and terms are available on Secure Blink Platform for your reference and to understand how we handle your personal information.

2. Subscription and Eligibility

   1. Threatspy Subscription (the "Subscription Service") is a personalized Subscription that offers complete application security solution. You can access the Subscription Service(s), through the Platform by subscribing to any category of your choice from the available subscription plans (“Subscription”). The Subscription will allow you access to Threatspy during your Subscription Period.
   2. If you are under 18 years of age, or the age of majority in your location, you may use the Subscription only with involvement of a parent or guardian. We personalize content and feature them as part of the Subscriptions, including showing you recommendations on subscription models, services, transparency approach on technology in the subscribed category, features and other related categories that might be of interest to you. We also endeavor to continuously improve the Subscriptions and subscription plans to improve your subscription experience.

3. Grant of License to Permitted Use

   1. Permitted Use

      You shall be granted a license for permitted use of the Secure Blink Threatspy, upon payment of requisite Subscription Fee(s) for the period as mentioned under this Agreement, subject to the usage parameters set forth in this Agreement, and in accordance with the requisite documentation/information (“Permitted Use”). We shall provide a personalized username to You, where the same shall be password protected at your end. Such personalized identity shall provide access to such Permitted Use.

   2. General Restrictions

      1. The Permitted Use granted by the Secure Blink shall not be transferred or sublicensed to any other third party;
      2. The Permitted Use made by You, shall be made only by Your authorised representatives. Any grant of use made by You to any affiliates shall be considered as an unauthorised access, and liable for Termination.

   3. Special Restrictions

      1. Use of the  Threatspy, for any platform of the User, other than the platform for which such Permitted Use was authorised, shall be prohibited;
      2. Decompile, disseminate, reverse engineer, the Threatspy, it’s source code or any other such information towards the Secure Blink Platform by You or any of Your affiliates or any third party associated with You, shall be prohibited;
      3. use or access the Threatspy, and the Secure Blink Platform in order to build a similar or competitive product or service or to disclose to any third party any benchmarking or comparative study involving the Threatspy and the Secure Blink Platform, by You, shall be prohibited; 

4. Secure Blink Support 

   1. Online Support: https://support.secureblink.com
   2. E-mail Support: support@secureblink.com

5. Subscription fees, subscription plan, payment terms 

   1. The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.
   2. Threatspy offers three types of plans, Strater, Pro & Enterprises. For more details refer link: https://www.secureblink.com/pricing("Subscription Plans")
   3. All the payment of Fees made by You to Us for use of Services, shall be made through a third party secured payment gateway ("Stripe"). We shall issue invoice of such Fees through Stripe, upon successful completion of the transaction, as per the manner of confirmation by Stripe.
   4. The period of the Subscription Plan shall be as per the information provided under the link for such Subscription Plans. ("Period")
   5. We shall suspend the Account for non- payment of Your liability against usage of the Subscription Services unless such payments have been made. ("Suspension of Account")
   6. Such suspension of Account mentioned above is automated and the revival of such account such also automated, processed upon clearance of pending dues. ("Revival of Account")
   7. The fee charged by Us, in pursuance of your subscription as per Clause (b), shall be in the format of USD (US Dollars) ("Fees"), and all such Fees are inclusive of all taxes applicable under Indian applicable law, unless stated otherwise stated herein. However, the Client is solely responsible for the payment of such taxes, levies or duties, due upon him under the applicable law.

6. Free Trials

   1. A new User may be entitled to a 14 Days free trial for the Services. The User is required to provide any credit card information during the period of Free Trial.
   2. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the User is required to select a suitable Subscription Plan and pay the first Fee.
   3. If the User does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, We have the right to permanently delete the Account, including all User data therein.
   4. In addition to the current collection of Subscription Plans, We may offer special discounts and motivation schemes (for example finder’s fees, etc.).

7. Refunds

   The Secure Blink has a NO REFUND, policy. For more information kindly visit the Refund Policy of Secure Blink.

8. Termination

   If Secure Blink becomes aware or has reason to believe that you are in violation of these Service terms and Subscription terms under this Agreement or any other Polices or/and Terms of Use of Secure Blink Platform, then Secure Blink reserves the right to terminate your account with or without providing any notice or reason. If you wish to terminate your account or any of your information, you can do the same by writing to us at support@secureblink.com.

9. Proprietary Rights

   1. Secure Blink retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, copy rights and domain names ("Secure Blink Marks ") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Secure Marks, or other proprietary information (including images, text, page layout, or form) of Secure Blink without express written consent. You may not use any tags utilizing Secure Marks without Secure Blink’s express written consent.
   2. The Proprietary Rights of Secure Blink shall be read with Ownership of Rights under the Terms of Use Policy of Secure Blink.

10. Limited Warranty and Indemnity

    1. Limited Warranty

       1. Secure Blink represents and warrants to Licensed User that Threatspy, when used for its intended purpose and in accordance with the defined set of rules for usage as defined by Secure Blink, for a period of thirty (30) calendar days from the date Licensed Subscriber is first granted Permitted Use to access and use the Secure Blink Platform and Threatspy.
       2. The Licensed User’s sole and exclusive remedy, and Secure Blink’s sole and exclusive liability, for any breach of this warranty, will be, at Secure Blink’s sole discretion, to either remedy the defect or refund the applicable fees paid by Licensed User for the Subscription Services provided that Licensed User promptly notifies Secure blink in writing of any alleged breach of this warranty within such thirty (30) calendar day period. 
       3. This warranty is null and void to the extent the Secure Blink’s product Threatspy:
       4. fails to conform with this warranty as a result of its use with any third-party hardware or software other than as authorized by Secure Blink; or
       5. is used for an unintended purpose, is used other than in accordance with its published information/requirements or specifications, or is otherwise used in breach of this Agreement.

    2. ALL SERVICES AND THE THREATSPY CODE ARE PROVIDED “AS IS”. NEITHER SECURE BLINK NOR ITS AFFILIATES/ASSOCIATES MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SECURE BLINK DOES NOT WARRANT THAT CUSTOMER’S USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES SECURE BLINK WARRANT THAT IT WILL REVIEW THE LICENSED USER CONTENT FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE LICENSED USER CONTENT WITHOUT LOSS. SECURE BLINK WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SECURE BLINK. LICENSED USER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. 

    3. Indemnity

       You agree to indemnify, defend and hold harmless Secure Blink its officers, directors, employees, consultants and agents, from any and all third party claims, liability, damages and/or costs (including, but not limited to,attorneys' fees) arising from Your use of the Services, Your violation of these Subscription terms or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or Applicable Law.

11. Limitation of Liability

    1. To the extent permitted by law, in no event shall Secure Blink, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies in the services (ii) personal injury or intellectual property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the services, (iv) any bugs, cyber-attacks, or the like, which may be transmitted to or through the services by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Secure Blink is advised of the possibility of such damages.
    2. You specifically acknowledge that Secure Blink shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
    3. The services are controlled and offered by Secure Blink from its facilities in India. Secure Blink makes no representations that the services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local Applicable Law.

12. Confidentiality

    1. You will not without obtaining prior written consent of Secure Blink, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Services.
    2. For the purpose of this clause Confidential Information shall include but shall not be limited to User usage report, Source Code, Business Plans, others client information, or any other relating to the Subscription Service or Secure Blink Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all times the property of Secure Blink and any breach of the same shall cause irreparable damage to us.

13. Publicity

    1. Consent

       You shall grant consent to Secure Blink the consent to display its Clients lists and shall grant such permitted use for Your Logo or name to be displayed on the Secure Blink Website and portfolio in the Clientele details of Secure Blink.  No other information shall be made public by both the Parties under this Agreement, without the express written consent of the other Party than the disclosing Party.

    2. Cooperation

       Both the Parties under this Agreement shall cooperate at all times, to draft all appropriate press releases and other public announcements relating to the subject matter of this agreement and the relationship between the parties.

    3. Exception

       In case, under any Applicable Law, or any order of the Court, any information is warranted by any authority under law, such disclosing Party shall inform the other Party regarding such warranted disclosure under the Applicable Law.

14. Injunctive Relief

    You acknowledge that any use of the Platform contrary to these Subscription terms and conditions, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Secure Blink, and under such circumstances Secure Blink will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

15. Miscellaneous

    1. Communications

       We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, and you hereby consent to receive those communications. These communications will be in accordance with the Secure Blink Privacy Policy.

    2. Modification of Subscription

       Secure Blink reserves the right to modify, suspend, or discontinue the Subscription Service, or any part of the Subscription Service, at any time and without notice (except as required by Applicable Law), and Secure Blink will not be liable to you should it exercise such rights, even if your ability to use Subscription Service is impacted by the change.

    3. Amendments

       We reserve the right to make changes to this Agreement at any time by posting the revised terms in connection with the Subscription Service. To the maximum extent permitted by Applicable Law, your continued use of the Subscription Service following any changes will constitute your acceptance of such changes.

    4. Reservation of Rights; Waiver

       The Subscription Service embody intellectual property that is protected by law. Our failure to insist upon or enforce Your strict compliance with the Agreement will not constitute a waiver of any of Our rights. 

    5. Disputes/Conditions of Use

       Any dispute or claim arising from or relating to this Agreement, or the Subscription Service is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the Secure Blink Terms of Use. You agree to those terms by using the Subscription Service.

    6. Contact Information

       For communications concerning this Agreement, please write to Secure Blink at contact@secureblink.com.

    7. Severability

       If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

    8. Survivorship

       After the Termination of this Agreement, Your liability pertaining to Clauses pertaining to injunctive relief, proprietary rights, confidentiality, and indemnity shall survive post Termination of this Agreement.