Hatching Triage: Terms of Service

The Terms are effective from 24 April 2019.

Article 1: Preliminary Statement

These Terms of Service ("Terms") govern your access to and use of tria.ge (our "Site") and our products and services (collectively, the "Service"), and any information, text, graphics, URLs, files, audio, video, photos or other materials uploaded, downloaded or appearing on the Service ("Content").
By visiting our Site and/or using any Service through the Site (e.g., by creating an account) you confirm your familiarization with the present Terms and your agreement to be bound by these Terms. If you do not agree with any provision of the Terms, please do not use any services including software offered through the Site. By visiting the Site and/or signing up for and/or using any Services through the Site without familiarization and understanding of these Terms in full you are solely responsible for all negative effects of such usage.
Any reference to "you" or "your" means you as a user of the Service, any reference to "we", "us", "our", "Triage", "Hatching Triage", or "Hatching" is to Hatching International B.V. ("Hatching" hereafter), a Dutch Limited Liability Company with registered number 64146707, the company that holds the copyright for Hatching Triage.

Article 2: Applicability

• "Hatching" shall mean Hatching International B.V. and is the owner of exclusive intellectual property rights on the Service offered through the Site. The legal address of the Hatching International B.V. is Korte Hogendijk 4, 1506 MA, Zaandam, the Netherlands. Detailed information is available upon request: support@hatching.io.
• "Triage" shall mean Hatching Triage, a registered trademark by Hatching International B.V. and the name of the malware sandbox solution.
• "Services" shall mean our products and services, including the API, offered through the Site by Hatching. Under the Terms, Hatching provides a limited, non-exclusive, non-sublicensable and non-transferable access to the Service.
• "Content" shall mean files or samples of any format or links opened through the browser on virtual systems and/or provided through the clipboard during the analysis process, or files going to be downloaded through the provided links.
• "Analysis" shall mean an analysis of general status (CPU load, RAM, disk loading), processes, file system and registry, network activity, and any other metrics collected by Triage.
• "Analysis Results" shall mean at least the following, but is not limited to following:
  • video of how the system works and/or instant screenshots; process tree with details of each process;
  • details of file system changing (newly created, deleted and modified files);
  • network activity (HTTP/HTTPS requests or replies, all network connections, the content record of all connections);
  • indicators meaning the conclusions on each item (behavior analyze on a particular factor);
  • static analysis meaning the processing result of all newly created, modified files as well as content downloaded from the network, preview in the form of text, pictures, or data in hexadecimal form.
• "Malware" malicious and extremely damaging software or URLs linking to such software, including but not limited to computer viruses, worms, trojan horses, ransomware, spyware, adware, scareware, and other malicious programs, code, or indicators such as DNS indicators.
• “Individual User” shall mean any registered user who has signed up for an Individual License for the Service, available through the Site.
• "Individual License" shall mean a license that provides the user with the ability to, non-commercially, use our Service through the Site's interface. Results of all Analysis performed under an Individual License will be publically available. Use of the Service under an Individual License is limited by our fair use policy.
• "Researcher" shall mean any registered user who has signed up for a Researcher License for the Service, available through the Site.
• "Researcher License" shall mean a license that provides the user with the ability to, non-commercially, use our Service through the Site's interface, as well as via the API. Results of all Analysis performed under a Researcher License will be publically available. Use of the Service under a Researcher License is limited by our fair use policy.
• "Company User" shall mean any registered user who has signed up for a Company License for the Service, available through the Site, or has been invited to become a member of a company that has already been granted a Company License.
• "Company License" shall mean a license that provides the user(s) the ability to, commercially, use our Service through the Site's interface, as well as via the API. Results of all Analysis performed under a Company License will always remain hidden and protected from the public. Use of the Service under a Company License is governed by these Terms if no individual (superseding) service agreement between Hatching and the respective company has been put in effect.
• "User" shall mean an Individual User, Researcher, or Company user.

Article 3: General Terms and Conditions

You agree to use the Service and the Content solely for your internal business security purposes or legitimate research purposes and in accordance with these Terms, and you shall not use the Service or Content for any unlawful or malicious purposes or in a manner prohibited by these Terms or in a manner that infringes on the rights of Hatching or any third party rights, including intellectual property or privacy rights. Similarly, and in accordance with applicable legislation, you will refrain from illicitly or fraudulently obtaining or using Content and shall not use the Service in any way that could hinder the cybersecurity industry/URL scanner industry.

You understand that Content may contain Malware. You agree to not use any such Malware for malicious purposes. You represent that you have the requisite skills to safely handle Malware.

Hatching analyzes, publishes, and shares submitted Content from users as part of providing a service to the public and the cybersecurity community. Hatching is not responsible for the content or information which may incidentally appear in such submissions or be included in automatically-generated reports.

If you learn or reasonably suspect that any person or entity is using the Service or Content for unlawful or malicious purposes, to harm the integrity or performance of the Site or the solution, or is otherwise in violation of these Terms, you should immediately notify us through support@hatching.io

You are responsible for your compliance with these Terms. You are responsible for the accuracy, quality, and legality of your data and the means by which you provide your data. You are responsible for maintaining the confidentiality of your username and password, and that the access to and the use of your account, including credentials provided by you to third-party platforms, including any activities that are conducted through the use of your username and password are authorized by you. You are obliged to apply reasonable efforts to prevent unauthorized access to Services and Content. You shall also use the Services only in accordance with these Terms, applicable laws and government regulations. You shall not make any (part of) the Service available or use any (part of) the Service for the benefit of anyone other than yourself. You shall not use the Service to interfere with, or disrupt the integrity, or performance of any Services or third-party data, to copy Services or any part, function or user interface, frame or mirror any part of any Services, to access any Services in order to build a competitive product or service, or to reverse engineer of any Services.

All Analysis Results (or parts thereof) generated with the Service are the copyrighted work of Hatching. You shall use any Analysis Results generated with the Service for its general purposes only. You shall not be entitled to use and commercialize the Results for purposes intended for third parties, in particular, to sell, rent or otherwise commercially make the results available as a part of a security advisory service unless agreed otherwise.
You are permitted to publish the Analysis Results (or parts thereof) only when accompanied with a link to the Site. Hatching has a right to refuse users access to the Site in case they have violated these Terms. Nothing contained in the Services, or on the Website, or available on any provided by Hatching platform or software should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property.

You hereby agree that Hatching may use your brand name or logo on Hatching’s customer list or place it on the Site or related websites, like hatching.io.

Article 4: Specifications of the Services

Hatching leverages advanced, proprietary, Malware sandboxing technology. Our software is designed to detect both known and unknown or undiscovered Malware. On a high-level, Triage uses a four-step approach for this:

1. Triage opens your suspicious Content in a controlled, purpose-built virtual environment.
2. Triage analyzes the Content's behavior inside the virtual machine.
3. Triage extracts all the useful information about the file from the analysis and processes of the analysis information.
4. Triage reports back on the Analysis and the Content's maliciousness.

As stated before, each User, at all times, is fully responsible for the legality of uploaded Content. The User is responsible for assuring that the Content uploaded through the Service shall not infringe copyrights or any other personal and/or commercial rights of any third parties.

IMPORTANT: ANALYSIS RESULTS OF ALL CONTENT SUBMITTED BY USERS WITH EITHER AN INDIVIDUAL LICENSE OR A RESEARCHER LICENSE ARE PUBLIC.

Hatching will not assure that a Report will be generated for each file in the submitted Content or that it will complete the analysis within a set time frame or at all. Hatching does not assure that the Report will be accurate or that Triage will detect any malicious behavior. Hatching provides no assurance that the Service will meet any requirements or needs you may have.
Hatching retains the right to change the tariffs and/or fees for the Service, including the licences which are free at this point in time, with prior notification of the User. Hatching retains the right to implement upload and/or rate limits at any point in time, without prior notification of the User.

Article 5: Fair Use Policy

The Service is operated under a fair use policy. At this point, one may use Hatching Triage without any upload limits, keeping in mind the following rules:

• No scraping or scripting on the Site (if API access is desired, please apply for a Researcher License or Company License).
• For those that upload samples in bulk, we hold the right to prioritize your submissions in order to provide equal analysis capabilities for all our users. An example of our prioritization strategy may look as follows (with priority 1 being the highest and priority 4 the lowest):
  1. Manual web submissions maintain the highest priority.
  2. The first 1,000 samples submitted through the API (in the last 24 hours).
  3. The following 9,000 samples submitted through the API (in the last 24 hours).
  4. All samples after the first 10,000 (in the last 24 hours).

Article 6: Disclaimer

By using the service, you acknowledge that the service is provided "as is" and on an "as available" basis. Hatching disclaims any and all warranties, express or implied, to the maximum extent permitted by law, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Article 7: Limitation of Liability

Hatching shall not be liable for any loss or damage related to the unlawful use and/or improper use or inability to use the service.
Hatching shall not be liable for any incidental or consequential damages (e.g., system failure, civil or criminal fines or sanctions, loss of business, loss of profits, business interruption, or loss of business information or data).
There shall be no further liability of Hatching or its affiliates or suppliers, especially no liability without fault for initial defects. Also, Hatching shall not be liable for loss of profit and financial losses.
These exclusions and limitations of liability shall not be applicable if obligatory legal provisions, e.g., liability for intentional misconduct and wanton negligence are opposed to them.
The above limitations of liability shall apply also to the personal liability of the employees, agents, suppliers, and affiliates of Hatching.
The statute of limitation regarding claims for damage reimbursements amounts to 1 year starting from the beginning of the statutory limitation period.

Article 8: Indemnity

You agree to release, indemnify, defend and hold Hatching harmless and our subsidiaries, affiliates, employees, officers, directors, stockholders, agents, developers, licensors, successors and assigns (the “Indemnified Parties”) from all liabilities, claims, demands, lawsuits, judgments, damages, costs and expenses, including reasonable attorneys' fees and court costs, made by any third party against the Indemnified Parties due to or arising out of your violation of these Terms or any rights of a third party with regard to your submitted Content, including privacy or intellectual property rights or your use of the Service or Content in violation of applicable law.

Article 9: Data Protection

Hatching has taken appropriate technical and organizational precautions designed to ensure that personal data for which you are responsible is treated and handled in a confidential manner commensurate with the sensitivity of the personal data.
Hatching collects, processes, and uses personal data for which you are responsible pursuant to the provisions of the Data Protection Policy.
Upon your written notice to Hatching that a file in the submitted Content is reasonably suspected of containing trade secrets or confidential information or personal data, then Hatching, upon verification of the assertion, will restrict the use and subsequent disclosure of such file in a way that is reasonably intended to maintain the confidentiality of such file and/or take actions to delete the personal data in question. Representing an exception to the above are items of information that are intended for publication and situations where you have agreed to the passing on of the information.

Article 10: Governing Law and Jurisdiction

This Terms shall be governed by and interpreted in accordance with Dutch law. The UN Convention on the International Sale of Goods (CSIG) shall not apply. The courts of the Netherlands shall be the exclusive place of jurisdiction.

Article 11: Severability Clause

The invalidity of one or more terms of these Terms shall not affect the validity of the remaining terms.

Article 12: Viruses, Hacking, and Other Offences

You must not misuse our Service or Content. You must not attempt to gain unauthorized access to Service, our website, the server on which our website is stored or any server, computer, or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material or that of any parties affected by your actions due to your access to or use of the Service or Content or any third-party content or websites.

Article 13: Force Majeure

Hatching is not responsible for any failure, interruption or delay in the operation of the Service or performance of its obligations hereunder due to technology or communications failure, earthquake, flood, fire, storm, natural disaster, act of the public enemy, war, whether declared or not, armed conflict, civil rebellion, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, government or statutory restriction or from other similar causes or any other causes whether or not of the same class or kind as those precisely above named.

Article 14: Amendments

These Terms shall replace and invalidate all earlier Terms and Conditions of Use regarding your use of the Service and Content. If we update these Terms and Conditions of Use, we will provide an updated version with the revision date on the Site. If we make substantial material changes to these terms, we may inform you such as via your Hatching Triage account, an email, or a notification on the Site.

Article 15: Notice

All notices, demands or requests to Hatching with respect to these Terms shall be made electronically to: legal@hatching.io.