Terms of Service
1. Acceptance of Terms
By accessing, browsing, or using hextrap.com and any associated services (collectively, "the Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy, which is incorporated herein by reference.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
2. Description of Service
Hextrap provides software supply chain security services, including but not limited to:
- Package firewall management and access control
- Dependency monitoring and vulnerability detection
- Typosquat detection and alerting
- Security intelligence and package scoring
- Allow list and deny list management
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
3. User Accounts and Registration
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Immediately notify us of any unauthorized use of your account
- Accept full responsibility for all activities that occur under your account
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or outdated, or if you violate these Terms.
4. Subscription and Payment Terms
4.1 Fees
Certain features of the Service require payment of fees. You agree to pay all applicable fees as described on our pricing page. All fees are non-refundable except as expressly set forth herein or as required by applicable law.
4.2 Billing
For subscription services, you authorize us to charge your designated payment method on a recurring basis. You are responsible for providing valid payment information and ensuring sufficient funds are available.
4.3 Price Changes
We may change our fees at any time. For existing subscriptions, fee changes will take effect at the start of your next billing cycle, and we will provide at least 30 days' advance notice.
5. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable local, state, national, or international law or regulation
- Infringe upon or violate the intellectual property rights or privacy rights of others
- Transmit any malicious code, viruses, or harmful software
- Attempt to gain unauthorized access to our systems, networks, or other users' accounts
- Interfere with, disrupt, or create an undue burden on the Service or its infrastructure
- Use the Service to facilitate illegal activities or circumvent security controls
- Reverse engineer, decompile, or disassemble any portion of the Service
- Use automated systems (bots, scrapers) to access the Service without our written consent
- Resell, sublicense, or redistribute the Service without authorization
- Misrepresent your identity or affiliation with any person or entity
6. Intellectual Property Rights
6.1 Our Intellectual Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement thereof) are owned by Hextrap, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include any right to resell the Service; modify or create derivative works; or use any data mining, robots, or similar data gathering methods.
6.3 Your Content
You retain ownership of any data or content you submit to the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store Your Content solely for the purpose of providing the Service to you.
7. Data and Privacy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.
You are solely responsible for ensuring that your use of the Service complies with all applicable data protection and privacy laws, including but not limited to GDPR, CCPA, and any other relevant regulations.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEXTRAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE
- WARRANTIES THAT THE SERVICE WILL DETECT ALL SECURITY VULNERABILITIES, MALICIOUS PACKAGES, OR THREATS
- WARRANTIES THAT DEFECTS WILL BE CORRECTED
YOU ACKNOWLEDGE THAT NO SECURITY SOLUTION CAN GUARANTEE COMPLETE PROTECTION AGAINST ALL THREATS. THE SERVICE IS A TOOL TO ASSIST WITH SECURITY AND IS NOT A SUBSTITUTE FOR COMPREHENSIVE SECURITY PRACTICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR SECURITY DECISIONS AND THE CONSEQUENCES THEREOF.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
9.1 Exclusion of Certain Damages. IN NO EVENT SHALL HEXTRAP, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:
- Loss of profits, revenue, goodwill, or data
- Business interruption or loss of business opportunities
- Cost of procurement of substitute goods or services
- Security breaches, data breaches, or cyber attacks
- Any unauthorized access to or alteration of your transmissions or data
- Any damages resulting from malicious packages, vulnerabilities, or threats not detected by the Service
These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if Hextrap has been advised of the possibility of such damages.
9.2 Cap on Liability. IN NO EVENT SHALL HEXTRAP'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO HEXTRAP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
9.3 Basis of the Bargain. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEXTRAP AND YOU. HEXTRAP WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT SUCH LIMITATIONS.
10. Indemnification
You agree to defend, indemnify, and hold harmless Hextrap, its affiliates, and their respective directors, officers, employees, agents, partners, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees) arising from or relating to:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
- Your violation of any applicable law, rule, or regulation
- Your Content or any content submitted through your account
- Any claim that Your Content caused damage to a third party
- Any misrepresentation made by you
This defense and indemnification obligation will survive termination of these Terms and your use of the Service.
11. Dispute Resolution and Arbitration
11.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@hextrap.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days, either party may proceed as set forth below.
11.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration shall be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures, or by another mutually agreed-upon arbitration provider. The arbitration shall be held in Delaware, United States, or at another mutually agreed location.
11.3 Class Action Waiver
YOU AND HEXTRAP 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.
Unless both you and Hextrap agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
11.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
12. Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
For any matters not subject to arbitration, you and Hextrap consent to the exclusive jurisdiction of the state and federal courts located in Delaware, and waive any objection to venue in such courts.
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting us or using the account deletion feature in the Service. Termination of your account does not relieve you of any obligations to pay any outstanding fees.
13.2 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms
- Suspected fraudulent, abusive, or illegal activity
- Non-payment of fees
- Upon request by law enforcement or government agencies
- Discontinuation or material modification of the Service
13.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.
14. Force Majeure
Hextrap shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond Hextrap's reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, cyberattacks, or actions or inactions of third-party service providers.
15. Modifications to Terms
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will notify you by:
- Posting the updated Terms on this page with a new "Last updated" date
- Sending an email to the address associated with your account
- Displaying a prominent notice within the Service
Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Hextrap concerning the Service and supersede all prior or contemporaneous communications and proposals.
16.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
16.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of hextrap.
16.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms will bind and inure to the benefit of permitted successors and assigns.
16.5 Relationship of the Parties
Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and hextrap.
16.6 Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights.
16.7 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Hextrap
Email: legal@hextrap.com
Website: https://hextrap.com