Terms and Conditions for BugPoC LLC


Tester Terms of Use

Effective Date: April 1, 2020

This Terms of Use and our Privacy Policy incorporated herein (collectively “Terms”) is a binding agreement between the party clicking the “Agree” button (“Researcher“, you” or “your”)  and BUG POC, LLC ("Company,” “us,” “we” or “our”) governing the access and use of our website, www.bugpoc.com, (“Website”) and the Services (as defined below) accessed through the Website (collectively “Services”).  

BY CLICKING THE "AGREE" BUTTON YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE SERVICES (AS DEFINED BELOW). 

We reserve the right to amend and modify these Terms upon our discretion by posting the amended or modified Terms on the Website. If you continue to use our Services after we have amended or modified and posted these Terms to the Website,  then you will be deemed to have accepted such amended or modified Terms which shall control your use of our Services.  

Description of Services 

The Services consist of a platform where individuals who seek to identify bugs or vulnerabilities in computer programs (“Researcher”) can create computer vulnerability proof of concept reports (“POCs”) for end-users who either directly grant you authorization to engage in such testing, or who invite and authorize you to engage in such testing through a Bug Bounty program or similar initiative (“End-User”), and share the POCs with the End-User for access and download through the Services. 

End-Users are not our customers.  You agree that any dispute or legal remedy that you seek to obtain from an End-User shall be asserted solely and exclusively against the End-User, and you shall indemnify and hold us harmless from such disputes and claims.   

Lawful Use Only 

Your use of the Services must be in strict compliance with all applicable laws, rules and regulations, and you are prohibited from using the Services to engage in vulnerability testing or to create POCs for any other person or entity other than an End-User as defined above. All POCs developed by you must not: (a) infringe upon any third-party intellectual property or proprietary rights, right to privacy, confidentiality rights, or trade secret rights; (b) contain any malicious code; (c) harm End-User’s system, including the data contained therein; and (e) comply with these Terms.     

Proof of Concept Reports (“POCs”) 

Excluding any templates or other materials provided through the Services, we do not claim ownership rights in the original material that you use to create the POCs (“POC Material”).  We and our licensors are the exclusive owners of all right, title and interest, including all intellectual property rights in and to the Services and the content contained therein.  

By using the Services, you hereby grant us an irrevocable, transferrable, non-exclusive, royalty-free, perpetual, worldwide license, to use, sell, sublicense, adapt, transform, create derivative works, modify, display, transmit, copy, and reproduce the POC Material for any purpose whatsoever, and waive all moral rights in perpetuity for the same. This license shall inure to the benefit of each of the party’s heirs and assigns, and shall survive the expiration or termination of this Agreement. 

Upon making the POC available to the End-User, you grant the End-User an irrevocable, transferrable, non-exclusive, royalty-free, perpetual, worldwide license, to use, adapt, transform, create derivative works, modify, display, transmit, copy, and reproduce the POC Material for any purpose whatsoever.

We grant you a revocable, non-exclusive, non-transferrable, non-assignable license to use the Services to create the POC and to permit End-Users to view and/or download the POC through the Services solely for the purpose of providing computer vulnerability testing to End-Users in compliance with these Terms.  

Account Creation 

You must first create an user account to access and use the Services (“User Account”) by providing current, accurate and complete registration information (“Registration Information”), selecting a user name and password (“Credentials”), and agreeing to these Terms.  You shall ensure that all Registration Information is current and complete for the duration of time that you use the Services.  Your User Account is personal to you and you shall not provide any other person your Credentials or allow any other person to access and/or use the Services with your Credentials. You shall notify use immediately of any unauthorized access to, or use of, your Credentials or any other breach of security. We have the right to suspend your access to the Services and disable your Credentials, at any time in our sole discretion or for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Accessing the Website, Services, and Account Security.

We reserve the right to withdraw or amend the Website, and any Services or Content (as defined below) in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website, Service or Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, Services or Content to users of the same, including End-Users. 

Content.

All information we provide through the Website or Service, including any POC templates (“Company Content”) are provided as-is without any representations or warranties as to the accuracy, completeness or usefulness of such content.  Any reliance you place on the Company Content is strictly at your own risk, and we disclaim all liability and responsibility arising from any reliance placed on the Company Content by you or any other user of the Website or Service. We shall not be liable in any way for any errors or omissions in Company Content, or your reliance on such content. 

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

Additionally, you agree not to:


Use Restrictions 

You shall not use the Services for any purposes beyond the scope granted in this Agreement, and  shall not, at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Confidentiality. 

We may provide you our confidential information, you may provide us your confidential, or we may receive confidential information from the End-User.  All recipients of confidential information shall not disclose such information to any third-party without the consent of the disclosing party.  Each recipient, however, shall be permitted to use the disclosing party’s confidential information to provide the Services under these Terms.  Confidential information shall not include: (a) information that is or becomes generally available to the public other than through recipient’s breach of this Agreement; (b) information communicated to recipient by a third party that had no confidentiality obligations concerning such information; (c) information that was known to recipient at the time of disclosure; or (d) a POC.  Recipient has no obligation to store or maintain confidential information and can destroy such information in its sole and exclusive discretion.    

Collection and Use of Your Information


By creating a User Account, you hereby consent to receive electronic communications from us related to such account, our Services, and services or goods offered by our partners or affiliates. These communications may involve sending emails to the email address you provided during registration or delivering electronic communications via your account. These communications are part of our Services and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Services features and content, special offers, promotional announcements and customer surveys. If you no longer want to receive certain non-transactional communications via email, please email us at hello@bugpoc.com or click on the “Unsubscribe” link contained in any email, or on any other link that indicates that you would like to be removed from future, similar non-transactional communications.

Relationship of the Parties 

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 

All agreements and interactions shall be exclusively between Researcher and End-User, and we shall not participate or be a party to such agreements or interactions.  Any disputes or claims arising from Researcher’s Content, End-User’s receipt, use and possible payment for such content are solely and exclusively between End-User and Researcher.  

Geographic Restrictions

The Services are based in the state of Florida in the United States and provide for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

Updates

We may from time to time, in our sole discretion, develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections and/or new features to the Services (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. 

Third-Party Materials

The Services may display, include or make available third-party content or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.  We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Termination

These Terms shall begin on the date of the creation of your User Account and shall continue until terminated as outlined below. 

Either party may terminate this Agreement for convenience upon notice to the other party. If we elect to terminate for convenience, we shall provide you notice of such termination to the email address provided in your User Account.  If you terminate for convenience, then please send the notice of termination to our email at hello@bugpoc.com

We may also terminate or suspend your access to and use of the Service immediately and automatically without any notice if, in our sole and exclusive discretion, you violate  the Terms or any portion thereof. 

Upon termination: (i) all rights granted to you under the Terms will also terminate; and (ii) you must cease all use of the Website and Services.  Termination will not limit any of our rights or remedies at law or in equity.

Disclaimer of Warranties

THE WEBSITE, COMPANY CONTENT, AND SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO WEBSITE, COMPANY CONTENT, AND  SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE, COMPANY CONTENT, SERVICES AND POCS DEVELOPED THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF NOT KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL, INDIRECT, LOSS OF PROFITS, LOSS OF REVENUES, AND PUNITIVE DAMAGES, ARISING FROM, OR RELATED TO, YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, COMPANY CONTENT, SERVICES OR POCS DEVELOPED THROUGH YOUR USE OF THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PERSONAL INJURY, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. OUR MAXIMUM LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OR ACCESS OF THE WEBSITE, COMPANY CONTENT, SERVICES, POCS DEVELOPED USING THE SERVICES, OR OUR PROVIDING THE SERVICES TO YOU, SHALL NOT EXCEED $100.  

Indemnification.

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees, arising from, or relating to, your use or misuse of the Website, Company Content, Services, POCs developed through your use of the Services, your reliance on any Company Content, or your breach of these Terms.  Your indemnification obligations shall survive the termination or expiration of these Terms. 

Export Regulation

The Website, Company Content and Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Website, Company Content, and POCs developed using the Service to, or make the same accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to making a POC accessible to the End User. 

Waiver and Severability

Our waiver of any term or condition set out in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us  to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Disputes 

Any legal suit, action, or proceeding arising out of or relating to this Agreement (“Dispute”) shall be instituted in the federal courts of the United States of America or the courts of the State of Florida in each case located in Pinellas County, Florida or in the United States District Court, Middle District of Florida, Tampa Division, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.  All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida.  

Limitation of Time to File Claims

You agree that regardless of any law to the contrary, any claim, Dispute or cause of action by you arising out of, or related to, the Services, POCs developed through your use of the Services,  or must be filed within one (1) year following the date on which such claim, Dispute or cause of action arose; and if not filed within such one (1) year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), Disputes or other cause(s) of action.

No Assignment. 

Unless expressly set forth herein, you are prohibited from assigning any of your rights or obligations under these Terms.  Any assignment in violation of this section shall be null and void. 

Entire Agreement. 

The Terms and our Privacy Policy constitute the entire Terms between you and the Company with respect to the Services, and supersedes all prior or contemporaneous understandings and terms, whether written or oral, with respect to same. 

Contact Us 

You can contact us via email at hello@bugpoc.com.  





Organization Terms of Use

Effective Date: April 1, 2020

This Terms of Use and our Privacy Policy incorporated herein (collectively “Terms”) is a binding agreement between the party accessing the POC as defined below (“End-User”, “you”, or “your”)  and BUG POC, LLC ("Company,” “us,” “we” or “our”) governing the access and use of our website, www.bugpoc.com, (“Website”) and the Services (as defined below, collectively “Services”).  

BY CLICKING THE “AGREE” BUTTON YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE POC OR USE SERVICES (AS DEFINED BELOW). 

We reserve the right to amend and modify these Terms upon our discretion by posting the amended or modified Terms on the Website. If you continue to use our Services after we have amended or modified and posted these Terms to the Website,  then you will be deemed to have accepted such amended or modified Terms which shall control your use of our Services.  

Description of Services 

The Services consist of a platform where individuals who seek to identify bugs or vulnerabilities in End-User’s programs (“Researcher”) can share computer vulnerability proof of concept reports (“POCs”) through Services with the End-User as part of End-User’s agreement with Researcher, or through a Bug Bounty program or similar initiative. 

No Endorsement 

We do not endorse any Researcher or POC provided by such Researcher.  We are not responsible for any harm or damage resulting from End-User’s: (a) communication or interactions with Researcher (through the Services or otherwise); (b) reliance on the accuracy or reliability of the POC, including any errors or omissions contained therein; or (c) any loss or damage incurred from the use of the POC.  

All information provided by Researcher, including the POC (“Researcher Content”) are provided as-is without any representations or warranties as to the accuracy, completeness or usefulness of any kind.  Any reliance you place on the same is strictly at your own risk, and we disclaim all liability and responsibility arising from any reliance you place on such content by you or any other user of the Service. We shall not be liable in any way for any errors or omissions in or your reliance on such content. 

Lawful Use Only 

Your use of the Services must be in strict compliance with all applicable laws, rules and regulations, and in compliance with these terms. 

Proof of Concept Reports (“POCs”) 

Excluding any templates or other materials provided through the Services, we do not claim ownership rights in the Researcher’s POCs. We and our licensors, however, are the exclusive owners of all right, title and interest, including all intellectual property rights in and to the Services and the content contained therein.  

Upon making the POC available to you, the Researcher grants you an irrevocable, transferrable, non-exclusive, royalty-free, perpetual, worldwide license, to use, adapt, transform, create derivative works, modify, display, transmit, copy, and reproduce the POC for any purpose whatsoever.

We grant you a revocable, non-exclusive, non-transferrable, non-assignable license to use the Services to create the POC and to permit End-Users to view and/or download the POC through the Services in compliance with these Terms.  

Accessing the Website and Services 

We reserve the right to withdraw or amend the Website and any Services (as defined below) in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website, Service or Researcher Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, Services or Researcher Content to users, including End-Users. 

Use Restrictions 

You shall not use the Services for any purposes beyond the scope granted in this Agreement, and  shall not, at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Confidentiality

We may provide you our confidential information, you may provide us your confidential, or we may receive confidential information from the Researcher.  All recipients of confidential information shall not disclose such information to any third-party without the consent of the disclosing party.  Each recipient, however, shall be permitted to use the disclosing party’s confidential information to provide the Services under these Terms.  Confidential information shall not include: (a) information that is or becomes generally available to the public other than through recipient’s breach of this Agreement; (b) information communicated to recipient by a third party that had no confidentiality obligations concerning such information; (c) information that was known to recipient at the time of disclosure; or (d) a POC.  Recipient has no obligation to store or maintain confidential information and can destroy such information in its sole and exclusive discretion.    

Relationship of the Parties 

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 

All agreements and interactions shall be exclusively between Researcher and End-User, and we shall not participate or be a party to such agreements or interactions.  Any disputes or claims arising from Researcher’s Content, End-User’s receipt, use and possible payment for such content are solely and exclusively between End-User and Researcher.  

Geographic Restrictions

The Services are based in the state of Florida in the United States and provide for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

Updates

We may from time to time, in our sole discretion, develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections and/or new features to the Services (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. 

Third-Party Materials

The Services may display, include or make available third-party content or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.  We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Termination 

We may terminate you access and use of the Services at any time in our sole discretion.  Upon termination: (i) all rights granted to you under the Terms will also terminate; and (ii) you must cease all use of the Website and Services.  Termination will not limit any of our rights or remedies at law or in equity.

Disclaimer of Warranties 

THE WEBSITE, RESEARCHER CONTENT, AND SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO WEBSITE, RESEACHER CONTENT, AND  SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE, RESEARCHER CONTENT, SERVICES AND POCS DEVELOPED THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF NOT KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL, INDIRECT, LOSS OF PROFITS, LOSS OF REVENUES, AND PUNITIVE DAMAGES, ARISING FROM, OR RELATED TO, YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, RESEARCHER CONTENT, SERVICES OR POCS DEVELOPED THROUGH YOUR USE OF THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PERSONAL INJURY, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. OUR MAXIMUM LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OR ACCESS OF THE WEBSITE, RESEARCHER CONTENT, SERVICES, POCS DEVELOPED USING THE SERVICES, OR OUR PROVIDING THE SERVICES TO YOU, SHALL NOT EXCEED $100.  

Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees, arising from, or relating to, your use or misuse of the Website, Researcher Content, Services, your reliance on any Researcher Content, your breach of these Terms, and any disputes between you and the Researcher.  Your indemnification obligations shall survive the termination or expiration of these Terms. 

Export Regulation

The Website, Researcher Content and Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Website, Researcher Content to, or make the same accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. 

Waiver and Severability

Our waiver of any term or condition set out in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us  to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Disputes 

Any legal suit, action, or proceeding arising out of or relating to this Agreement (“Dispute”) shall be exclusively  instituted in the federal courts of the United States of America or the courts of the State of Florida in each case located in Pinellas County, Florida or in the United States District Court, Middle District of Florida, Tampa Division, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.  All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida.  

Limitation of Time to File Claims 

You agree that regardless of any law to the contrary, any claim, Dispute or cause of action by you arising out of, or related to, the Services, your communications and interactions with Researcher regarding the Services, and the receipt or use of a Researcher POC must be filed within one (1) year following the date on which such claim, Dispute or cause of action arose; and if not filed within such one (1) year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), Disputes or other cause(s) of action.

No Assignment 

Unless expressly set forth herein, you are prohibited from assigning any of your rights or obligations under these Terms.  Any assignment in violation of this section shall be null and void. 

Entire Agreement

The Terms and our Privacy Policy constitute the entire Terms between you and the Company with respect to the Services, and supersedes all prior or contemporaneous understandings and terms, whether written or oral, with respect to same. 

Contact Us 

You can contact us via email at hello@bugpoc.com.  




Privacy Policy

Effective Date: April 1, 2020 

This Privacy Policy (the “Privacy Policy”) applies to all visitors and users of BUG POC, LLC’S ("Company", “us”, “we” or “our”)  website, www.bugpoc.com (“Website”),  and our services provided through the Website (collectively “Services”).  This Privacy Policy is incorporated into our Terms of Use (“Terms”). 

This Privacy Policy describes the types of information we may collect from your use of Services, and how we use, maintain, protect and disclose such information. Your access and/or use of the Services signifies that you have read, acknowledged and accepted the terms and conditions of this Privacy Policy.  If you do not agree with this Privacy Policy, then do not access or use the Services. We may alter, amend or supplement this Privacy Policy in our sole discretion (“Revised Privacy Policy”).  We will provide notice on the Website of any Revised Privacy Policy.  You continued use of the Services after the Revised Privacy Policy after posting of the same signifies that you acknowledge, agree and accept the Revised Privacy Policy. 

18 years old or older 

The Services are for individuals who are 18 years or older.   We do not knowingly collect information from individuals who are less than 18 years old, and you are prohibited from providing any information to us for such individuals.  

Information that we may collect

Personal Information. Personal Information to create a User Account, which may consist of  information that identifies your name, postal address, email address, social media address, username and password, phone number, gender, date of birth, information regarding your preferences, and any other information that you provide to us. 

Anonymous Information.  Anonymous Information is any information that we collect from you, including Personal Information, from which all information that could identify you has been removed.  You hereby assign to us all rights, including intellectual property rights, in and to the Anonymous Information, so that we are the sole and exclusive owners of such information.  To the extent that state or local laws prohibits you from assigning ownership rights in such the Anonymous Information,  you grant us, our successors and assigns, a royalty-free worldwide, sublicensable, transferrable license to host, transfer, process, analyze, distribute, communicate and use Anonymous Information in perpetuity without any compensation to you, your successors, your heirs or your assigns.   If you do not consent to the collection and use of Anonymous Information, then you are prohibited from using the Site or Services.

Automatically Collected Information

When you access and use the Services, the Services  may use technology to automatically collect: 

If you do not want us to collect this information do not use the Services. 

How Automatically Collected Information is Gathered 

Automatically Collected Information is gathered through cookies, flash cookies, web beacons and web widgets, and may be gathered by us or our third-party business partners.  We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. Some browsers use a DNT (Do Not Track) feature that sends a signal or preference to the websites regarding DNT.  Because there is no current accepted industry standard on how to respond to the different DNT signals, we do not currently respond to them on our Site.  

Third-Party Information Collection

When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: 

·    Advertisers, ad networks, and ad servers.

·    Analytics companies.

·    Your mobile device manufacturer.

·    Your mobile service provider.

The information they collect may be associated with your Personal Information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.  

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

How We Use Your Information 

We do not sell your information, but we use the information we collect as follows: 

Disclosure of your Information 

We may disclose or license your information to our affiliates, partners and other third parties, including subcontractors, to: 

If the information that we disclose to others consists of your Personal Information, then we will request that the party receiving such information be contractually bound to appropriate confidentiality provisions restricting the additional disclosure of such information.  We shall have no restrictions on the use and disclosure of Automatically Collected Information, Anonymous Information or Public Communications.     

Accessing/Deleting your Personal Information

You can update, correct, or delete your Personal Information by contacting us at hello@bugpoc.com. We may not be able to delete your Personal Information without also deleting your account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. 

California Privacy Rights

California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@bugpoc.com

GDPR

If you are a resident within the European Economic Area (EEA) you have certain additional rights regarding your Personal Information.  As a user of the Services, you consent to us, as a third-party data Processor, to process your Personal Information to use to offer the Services to you.   You acknowledge and agree that our use of your Personal Information is in furtherance of our legitimate interests in providing such services.

Rights Afforded by the GDPR 

GDPR gives individuals who are residents within the EEA additional data protection over your Personal Information, such as:  

Data Security 

We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.  Despite our efforts we cannot guarantee that loss, misuse, unauthorized access will not occur, and we cannot and are not responsible for our third-party vendors. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website or Services like message boards. The information you share in public areas may be viewed by any user of our Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services. 

Opting Out of Newsletter, Email Communications, Push Notices, and Third-Party Promotions 

We may send you emails, newsletters or promotional materials, or push notifications featuring our goods or Services or the goods and the goods and services of others.  By using the Services you acknowledge and that such materials may be sent to you, your Mobile Device, and your email address.  You can discontinue your receipt of specific materials by responding to the email address in the body of the email requesting such discontinuance.  If you desire not to receive any newsletters, or communications promoting third-party goods or services, then you can opt-out by emailing us at hello@bugpoc.com.     

Third Party Links

The Site may contain links to other websites, advertisements and applications offered by third parties (“Third Party Links”) that may collect and use your information.  Third Party Links are beyond our control and are not subject to this Privacy Policy. 

Contact Us 

If you have any comments, concerns or questions about this Privacy Policy, please contact us at hello@bugpoc.com.