vCommunity Licensing Terms
Last updated [December 14, 2022]
BY CLICKING ON THE "REGISTER" OR "SUBSCRIBE" BUTTON, OR OTHERWISE REGISTERING TO USE VPENTEST, DOWNLOADING APPLICABLE SOFTWARE OR USING VPENTEST IN ANY MANNER, YOU ARE ENTERING INTO A BINDING, LEGAL CONTRACT WITH VONAHI SECURITY AND AGREE TO BE BOUND BY ALL OF THE TERMS HEREIN. IN ADDITION TO THE TERMS BELOW, YOU AGREE TO THE TERMS AND CONDITIONS LISTED ON VONAHI SECURITY’S WEBSITE (https://www.vonahi.io/terms). YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE VPENTEST.
If you are an individual accepting the Terms on behalf of an entity, you represent and warrant that: (i) you have full legal authority to bind the applicable entity to the Terms; (ii) you have read and understand the Terms; and (iii) you agree, on behalf of the entity that you represent, to all of the terms and conditions of the Terms. If you do not have the legal authority to bind the entity you represent, you may not use vPentest. From time to time, Vonahi Security may update the functionality and user interface of vPentest, add new features to vPentest, change the access configuration for vPentest or update the related software. In such event, these Terms shall also apply to any such functionality updates, new features, changes or software updates subsequently provided by Vonahi Security for vPentest or related software, as applicable.
If you are agreeing to these Terms for use of the Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the Services.
2. Modification of Terms of Service.
3. Account Management/Passwords.
To use or access vPentest, you must have a valid vPentest account. You will be prompted by our Website or contacted by email to either create an account or to login using your account credentials for vPentest. You represent and warrant that you will provide current, complete and accurate information as prompted by the applicable registration form, and will update your information so as to keep it current, complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify Vonahi Security upon learning of any unauthorized use of your account or any other breach of security.
4. License Grant and Restrictions for vCommunity Subscriptions.
To join vCommunity, you must be a Managed Service Provider (“MSP”). Vonahi Security reserves the right to reject a business that it deems not to be an MSP at its sole discretion. Through vCommunity, Vonahi Security offers MSPs a free subscription to vPentest ("vCommunity Subscription") that provides a full access account for the MSP to perform one internal and one external test on the MSP’s own network each month. To be clear, this access does not permit the MSP to perform testing for any of their clients or prospects. Vonahi Security also offers a subscription to vPentest for purchase that allows the MSP to provide internal and external penetration testing on their clients networks. Please contact us by email at email@example.com if you are interested in the paid subscriptions.B. License Grant.
For any MSP that enrolls in vCommunity, Vonahi Security grants to you, and you accept, the non-assignable, non-transferable, non-sublicensable, and non-exclusive right to access and use vPentest subject to these Terms and related documentation for the duration of the vCommunity program, or as otherwise specified in writing by Vonahi Security.C. Software License.
You will need to download and install the vPentest VM Agent software to use with vPentest internal testing (collectively "Software"). Subject to these Terms, Vonahi Security grants you a limited, non-transferable, non-exclusive right to install and execute the object code version of the Software separately or in conjunction with vPentest solely for your internal business purposes. Customer acknowledges that all right, title and interest in the Software, including but not limited to copyrights, patents, trade secrets, and other proprietary rights, shall remain with Vonahi Security and its licensors, except for the limited rights granted to vCommunity Partner herein. vCommunity Partner shall not remove any proprietary notices or labels from the Software. You shall be responsible for all uses of vPentest by your authorized users/agents regardless of whether such use is authorized or not by you or Vonahi Security.
You shall be solely responsible for: (i) procuring, at your expense, the necessary environment at your location(s) in order to access and use vPentest including, without limitation, all computer hardware, software and equipment, Internet access and telecommunications services (collectively, the "Partner Systems"); (ii) complying with all laws, rules and regulations related to your use of Partner Systems and vPentest hereunder; (iii) changing your user names and passwords if you believe that the same have been stolen or might otherwise be misused.
You will comply with all applicable laws, including laws relating to maintenance of privacy, security, and confidentiality of information and the prohibition on the use of telecommunications facilities and other mediums to transmit illegal, obscene, threatening, libelous, harassing, or offensive messages, or otherwise unlawful material. You acknowledge and agree that you are solely responsible for ensuring that each of your authorized users/agents is aware of the material terms of this agreement.D. Term.
5. vCommunity Partner Support.
Every aspect of how to use vPentest is documented in walk through guides in the Help Center. In addition, the Help Center provides a Frequently Asked Questions section that documents most questions that our partners have. The Help Center can be accessed through the vCommunity Partner’s vPentest account. vCommunity Partner should exhaust all options within the Help Center prior to contact the vPentest Support Team.B. vCommunity Support.
Should a vCommunity Partner have questions that they are unable to answer using the Help Center, the vCommunity Partner should contact the Support team through the “Submit a Request” feature in the Help Center. A vPentest Support team member will do everything possible to respond within 2 business days.
6. TERMINATION AND SUSPENSION.
Vonahi Security may terminate access to and use of all or any part of vPentest at any time and at its sole discretion without any advance notice. Vonahi Security reserves the right to refuse service at its sole discretion.B. Suspension.
Vonahi Security reserves the right to suspend access to and use of vPentest as it may deem appropriate in response to actual or suspected violations of these Terms if Vonahi Security reasonably concludes that you are using vPentest: to engage in illegal activity; outside the scope of the license; in a manner that is or may cause harm to Vonahi Security or others. You agree that Vonahi Security shall not be liable to you nor to any third party for any suspension of vPentest under such circumstances as described in this section.C. Survival.
Sections 6(A) and 7 through 9 shall survive any termination of the Terms.
7. PROHIBITED USE
8. WARRANTY DISCLAIMER
VPENTEST AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND VONAHI SECURITY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT COMPLIANCE WITH LAW, SECURITY, ABSENCE OF VIRUSES OR OTHER MALICIOUS SOFTWARE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. VONAHI SECURITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS MAKE NO WARRANTY THAT (A) VPENTEST OR SOFTWARE ARE CORRECT, ACCURATE, RELIABLE, COMPLETE, OR TIMELY, OR THAT ANY PROBLEMS ENCOUNTERED WILL BE CORRECTED, (B) THE FUNCTIONS OF VPENTEST WILL BE UNINTERRUPTED OR ERROR-FREE, OR (C) THE USE OF VPENTEST WILL RESULT IN ANY PARTICULAR RESULTS. ANY PAST RESULTS RECEVIED BY YOU WITH RESPECT TO VPENTEST ARE NOT INDICATIVE OF FUTURE RESULTS.
VONAHI SECURITY DOES NOT GUARANTEE THAT VPENTEST WILL GUARANTEE SECURITY.
Any content and other information contained within vPentest and Software has been prepared by Vonahi Security as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Vonahi Security makes no warranty or guarantee about the accuracy, completeness, or adequacy of any such content or other information contained in or linked to vPentest or Software. YOUR USE OF VPENTEST AND SOFTWARE IS AT YOUR SOLE RISK. You are solely responsible for any and all acts or omissions taken or made in reliance on vPentest or the information contained therein, including inaccurate or incomplete information. In accordance with these Terms or Service, Vonahi Security makes no warranty claims to the continued availability of its services or features.
9. EXPORT CONTROLS.
You acknowledge that vPentest and Software are subject to the U.S. Export Administration Regulations (the "EAR") and the sanctions programs administered by the Office of Foreign Assets Control ("OFAC") and that you will comply with the EAR and OFAC sanctions. You will not export or re-export these products, directly or indirectly, to: (1) any regions or countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria); (2) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or (3) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the US government. Further, you will not use vPentest from locations subject to comprehensive OFAC sanctions. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use these products.
By agreeing to the vCommunity Licensing Terms, you represent and warrant that you are a duly authorized representative of Partner, and that you are authorized to and hereby accept these terms, on its behalf, to indicate its agreement with and bind it to the terms of this agreement.
In order to resolve a complaint regarding the vCommunity Licensing Terms or to receive further information regarding use of the Vonahi Security's services, please contact us at:
P.O. Box 485
Hoschton, GA 30548