1. Preliminary Information

These Terms and Conditions of Service (hereinafter, the “Terms”) govern access, use, and, where applicable, purchase by Users of the products and services offered on the Website: https://www.bytehide.com/(hereinafter, the “Website”) owned by BYTEHIDE SOLUTIONS, S.L. (hereinafter, “BYTEHIDE”), with Tax ID number B10714426 and registered office at Avenida del Puerto 189, 5th floor, door A1, 46022, Valencia, Spain.

For the purposes of these Terms, “User” shall be understood to mean any natural or legal person who accesses, browses, or uses the Website and/or contracts the services offered (hereinafter, the ‘User’ and/or “Customer”).

For any questions and/or complaints, you may contact us at the following email address: support@bytehide.com.

2. Acceptance of Terms and Conditions

Accessing, browsing, or purchasing any of the services on the Website (hereinafter, the “Services”) requires the User’s unreserved acceptance of each and every one of these Terms, as well as the Specific Conditions that, where applicable, govern the purchase.

You agree that, by accessing the Website, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST CEASE YOUR USE IMMEDIATELY.

By accepting these Terms, the User declares that they are over 18 years of age and have the legal capacity to contract and purchase the products available on the Website.

We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you to any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each change.

3. Purpose

This Website has been developed by BYTEHIDE for the purpose of enabling Users to purchase professional cybersecurity services, including security tools such as code analysis, secret management, code obfuscation, and monitoring (RASP) (hereinafter, the “Services”).

These Terms govern the purchase agreement between the User and/or Customer and BYTEHIDE regarding the sale of the Products offered by BYTEHIDE on its Website.

4. Website Operation and User Obligations

To acquire the Services offered through the Website, Users must consider the following:

4.1. User Registration on the Website

To acquire the Services, Users must register on the Website through the form provided for this purpose. Users agree to provide only accurate, current, and truthful data to BYTEHIDE.

BYTEHIDE will provide personal passwords to the User registering on the Website. These passwords will allow access to a user account where Services can be viewed.

Users must use their user account responsibly and maintain the confidentiality of their username and/or passwords to prevent unauthorized use by third parties.

Accordingly, Users must immediately notify BYTEHIDE via email: support@bytehide.com of any improper use of their username and/or password due to circumstances such as theft, loss, or unauthorized access, so that BYTEHIDE can cancel, block, and/or disable the User Account as soon as it becomes aware of such improper use.

4.2. Contracting Services Offered by BYTEHIDE

The registration of Professional Users and access to the Website is free.

However, the purchase of Services offered through the Website will require payment. The price may be paid:

• Via subscription, annually or monthly.Subscriptions are automatically renewed upon expiration. If the User wishes to cancel the subscription, they must do so manually from the control panel at least one day before renewal.
• Through a one-time payment.

The payment methods are described in Clause Six.

4.3. Account Suspension and Termination

BYTEHIDE reserves the right to deactivate the accounts of Users who misuse their accounts, engage in fraudulent activities, act contrary to the law or these Terms and Conditions, or harm or may harm BYTEHIDE and/or its business.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OR ANY APPLICABLE LAW OR REGULATION.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of the third party.

4.4. General User Obligations

Users will have the following obligations towards BYTEHIDE:

i. Users interested in acquiring the Services on the Website commit to paying for a Subscription or a one-time payment to BYTEHIDE, as specified in this Agreement.

ii. Users agree to comply with all terms and conditions included on the Website.

iii. Users agree to use the Website and Services diligently, correctly, and lawfully, adhering to laws, morals, public order, and commonly accepted customs.

iv. BYTEHIDE requires prior completion of the corresponding registration for the use of certain services on the Website. During registration, the User must select an identifier and password, committing to keeping and using them responsibly.

v. Password use is personal and non-transferable, and its transfer to third parties is not permitted. Consequently, Users are solely responsible for the diligent use of their password, with full indemnity for the Company in case of misuse. If the User or any third party becomes aware or suspects that their password is being used unlawfully, they must notify BYTEHIDE as soon as possible.

vi. The User guarantees BYTEHIDE that all personal information provided is accurate, truthful, and up to date. The User is obligated to keep their information updated at all times and is solely responsible for inaccuracies or false information provided to BYTEHIDE, as well as for any damages caused to BYTEHIDE, other Users, or third parties.

vii. If the User repeatedly provides false, erroneous, or outdated information, BYTEHIDE may cease providing services and close the User’s account on the Website.

viii. BYTEHIDE reserves the right to suspend and/or cancel the User’s account if they fail to comply with obligations outlined in this Agreement and/or any other document governing the relationship between the User and BYTEHIDE, without the User being entitled to request compensation or indemnification.

ix. The User guarantees that they are fully authorized to offer Products and Services made available to other Users through the Website.

x. The User agrees to comply with all obligations stipulated in this Agreement.

4.5. Subscription Cancellation

If the User cancels their subscription during its validity period, it will be considered canceled without the User being entitled to a refund for the remaining subscription period. However, the User can continue enjoying their subscription until the existing term ends.

Subscriptions will be automatically renewed unless the Professional User notifies BYTEHIDE of their intention to cancel the subscription at least one (1) day before the renewal date.

4.6. Conditions Upon Service Termination

Upon termination of the Services, regardless of the cause, the User agrees to:

a) Return data and materials. b) Delete confidential information. c) Immediately cease access to BYTEHIDE tools.

5. Prohibited Activities

You may not access or use the Website and Services for any purpose other than that for which we make them available. The Website may not be used in connection with any commercial endeavor, except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

1. Systematically collect data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
2. Deceive, defraud, or confuse us and other users, especially in any attempt to obtain sensitive account information, such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
4. Discredit, tarnish, or damage, in our opinion, us and/or the Website.
5. Use any information obtained from the Website to harass, abuse, or harm another person.
6. Misuse our support services or submit false reports of abuse or misconduct.
7. Use the Website in a manner inconsistent with any applicable law or regulation.
8. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with the uninterrupted use and enjoyment of the Website by any party.
9. Engage in any automated use of the system, such as using scripts to post comments or messages, or using any data mining tools, robots, or similar data gathering and extraction tools.
10. Remove the copyright notice or other proprietary rights notice from any Content.
11. Attempt to impersonate another user or person or use another user’s username.
12. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
13. Decrypt, decompile, disassemble, or reverse engineer any of the computer software that makes up or is part of the Website.
14. Use the Website as part of any effort to compete with us or use the Website and/or the Content for any revenue-generating or commercial enterprise.

6. Prices

Access to the Website content will be free.

However, the User must pay the price for acquiring the Services, either through a one-time payment or via subscription, as described in Clause 4.2.

The purchase prices valid at the time the order is placed are those listed on the Website and will be indicated in Euros (€). The different available prices and subscriptions can be found at the following link: https://bytehide.com/pricing.

BYTEHIDE informs the User that they cannot request a refund of payments made in case of dissatisfaction with the Services. In this regard, the User will have trial periods or Proofs of Concept (PoC) available before purchasing any BYTEHIDE tool and/or the full platform.

6.1. Payment Method

BYTEHIDE offers the following payment method to Professional Users:

(i) Payment Gateway (STRIPE).

These are subject to verification and authorization by the issuing entities of the payment method (card issuers and/or payment account issuers), which are beyond BYTEHIDE’s control. If the entity does not authorize the payment, the purchase process cannot continue, and the order will be automatically canceled, with the requested subscription considered non-existent.

7. Exclusion of Liability

BYTEHIDE will not be liable to the Client for any damages or losses, whether direct, indirect, incidental, consequential, special, or exemplary, including, without limitation, loss of profits, business interruption, data loss, or any other intangible loss arising from or related to:

a) Errors or Misuse by the Client. Any error, misuse, incorrect configuration, or abuse of BYTEHIDE’s services or products by the Client or third parties authorized by the Client.

b) Exploited Vulnerabilities. The exploitation of any vulnerabilities in BYTEHIDE’s systems or services due to improper configurations, lack of maintenance, or negligence by the Client.

c) Indirect Damages. Any indirect, incidental, consequential, or special damages, including, without limitation, loss of profits, business interruption, data loss, or any other intangible loss, regardless of whether BYTEHIDE has been warned of the possibility of such damages.

d) BYTEHIDE Tool Failures. Any failure, error, or interruption in BYTEHIDE’s tools, platforms, or systems unless such failure, error, or interruption is due to gross negligence or intentional misconduct by BYTEHIDE.

e) Losses derived from Undetected Vulnerabilities or Attacks Exceeding the Security Measures Provided.

f) Security breaches, data loss, or damages resulting from cyber-attacks that exceed the offered protections.

8. BYTEHIDE’s Guarantees

BYTEHIDE undertakes to provide the services contracted by the Client with the utmost diligence and in accordance with the best practices and quality standards existing in the market on the date of this Agreement.

In other words, BYTEHIDE guarantees that the work will be carried out by qualified professionals in compliance with the highest quality standards.

In the event of any problems with the tools or solutions, BYTEHIDE undertakes to provide technical support to resolve them under the terms set out in the Service Level Agreement, which you can review here. This Service Level Agreement (SLA) is expressly incorporated by reference and forms an integral part of these Terms.

However, BYTEHIDE cannot guarantee:

• Absolute security.
• The complete absence of vulnerabilities in the client’s systems.
• Real-time, infallible mitigation of vulnerabilities.
• Specific results, given the complex and evolving nature of cybersecurity threats.

BYTEHIDE declares that its tools are preventive and mitigation measures, not absolute guarantees against attacks or vulnerabilities.

BYTEHIDE will strive to keep the service available at all times; however, it cannot guarantee 100% availability. BYTEHIDE is not responsible for service interruptions caused by unforeseen technical problems beyond its reasonable control.

BYTEHIDE informs that the services are provided without implied warranties of merchantability or fitness for a particular purpose.

9. Limitation of BYTEHIDE’s Liability

In no event shall BYTEHIDE’s total aggregate liability to the Client for any claim arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or any other cause, exceed the total amount of payments made by the Client to BYTEHIDE under this Agreement during the two-month period immediately preceding the event giving rise to the claim.

10. Third-Party Integrations

If BYTEHIDE interacts with third-party platforms or services (e.g., cloud storage, CI/CD integrations), BYTEHIDE cannot guarantee the security or privacy of data once integrated with such services.

Nevertheless, BYTEHIDE commits to transferring data to third-party services in compliance with applicable regulations (e.g., GDPR). Users acknowledge and accept that the security and privacy of data once transferred will be subject to the policies and security practices of third-party providers. Users are advised to carefully review the privacy policies of such third parties before using any integration service.

11. User Responsibilities

The User acknowledges and accepts that the security of their data is a shared responsibility. While BYTEHIDE implements reasonable security measures to protect the User’s data, the User is responsible for:

• Responsible Data Management: Implementing additional security measures such as strong passwords, two-factor authentication, and secure storage of access credentials.
• Proper Use of Services: Using BYTEHIDE services solely for lawful purposes and in compliance with the terms of this Agreement. BYTEHIDE is not responsible for the improper or unlawful use of its tools by the User, including but not limited to using BYTEHIDE to protect or distribute malicious code.
• Ensuring the use of BYTEHIDE complies with the laws of their country, particularly regarding data protection.

12. Personal Data Protection

12.1. Personal Data of the Parties

The Parties are obligated to comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of such data, as well as Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights, and other applicable regulations, to carry out the execution of this Agreement.

In this regard, and in accordance with the provisions of the preceding paragraph, the Parties agree to adopt the necessary technical and organizational measures to ensure the security of personal data and prevent its alteration, loss, unauthorized processing, or access, as provided in Article 32 of the GDPR.

In accordance with Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights, the Client acknowledges and agrees that their data obtained through this Agreement or its execution will become part of a personal data file owned by BYTEHIDE and/or its group of companies for the purpose of maintaining, monitoring, and controlling this contractual relationship.

The personal data to which the Parties have access within the context of this contractual relationship will be retained while the purpose for which they were collected persists. Once finalized, the data will remain blocked for the statute of limitations for legal actions, available only to judges, courts, and competent authorities. After the statutory limitation period, the data will be permanently deleted.

The Parties mutually authorize the transfer of their personal data to management entities and/or third parties only to the extent necessary for the execution of this Agreement, as well as for any legal obligation. Any other transfer must be previously communicated to the other Party.

Users are informed that, regarding privacy and the protection of their personal data, they may exercise the following rights:

i. Access their personal data; ii. Request the rectification of any inaccurate data; iii. Request the deletion of their data; iv. Request the restriction of data processing; v. Object to the processing of their data; vi. Exercise their right to be forgotten; and vii. Request the portability of their data.

Users also have the right not to be subject to decisions based solely on automated data processing.

Users can exercise all these rights by emailing support@bytehide.com, stating the reason for their request. Requests can also be sent to the following address: Avenida del Puerto 189, 5th floor, door A1, 46022, Valencia, Spain.

For more details on the processing of personal data carried out by the Website, Users can consult the Privacy Policy.

12.2. BYTEHIDE as Data Processor

As a result of providing the service, BYTEHIDE may have access to personal data for which the Client is the Data Controller. In this regard, BYTEHIDE will act as the Data Processor of the personal data provided by the Client exclusively for the purposes established in this Agreement. Specific obligations of BYTEHIDE concerning the processing of such data are detailed in the Data Processing Agreement (DPA), which can be reviewed here.

Both parties agree to comply with the General Data Protection Regulation (GDPR) and any other applicable data protection regulations.

12.3. Processing of Sensitive Data

As part of providing the services, BYTEHIDE may have access to critical data. This data will only be processed for purposes related to analysis, secret management, monitoring, and code security, and never for other purposes, such as resale or advertising.

If BYTEHIDE stores users’ keys or secrets during platform use, BYTEHIDE declares that:

• It uses encryption and advanced security measures to protect this data.
• Users must assume their own responsibility for the secure management of their secrets and keys outside the platform.

This data will only be retained for the duration of the purpose for which it was collected, after which it will be deleted.

13. Monitoring

During the provision of the service, BYTEHIDE uses monitoring technologies, such as traffic analysis or usage pattern analysis, for the following purposes:

a) Ensuring the security of users and their projects.
b) Optimizing the services.

While BYTEHIDE strives to maintain proactive surveillance, this does not completely eliminate the risk of malicious activities.

14. Intellectual and Industrial Property and License Restrictions

14.1. Property

The Parties expressly agree that the intellectual and industrial property rights of each Party, such as technology, know-how, trademarks, logos, and any other distinctive elements existing prior to the signing of this Agreement, shall not be affected and shall remain the exclusive property of each Party as before.

BYTEHIDE shall be the owner and shall hold all intellectual property, industrial property, and similar rights over all solutions and technologies provided.

Notwithstanding the foregoing, BYTEHIDE hereby grants the Customer a limited license to use the tools during the term of the Agreement.

14.2. License Restrictions

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and Services. This license is expressly conditioned upon compliance with the following restrictions. Except with the express written consent of BYTEHIDE, you shall not:

a) Copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit for commercial purposes any part of the Website, the Services, or their content (including, without limitation, source code, databases, software, designs, text, and graphics) and the trademarks contained therein.

b) Create derivative works from the Website or the Services.

c) Attempt to circumvent any measure of the Website designed to prevent or restrict access to it or any part of it.

d) Decrypt, decompile, disassemble, or reverse engineer any of the computer programs that make up or are part of the Website.

e) Remove, alter, or conceal any intellectual property or trademark notice.

15. Modifications, Interruptions, and Duration

15.1. Modificación de los Términos

The information appearing on this Website is current as of the date of its last update. BYTEHIDE reserves the right to update, modify, or delete the information on this Website, as well as these Terms and Conditions, in order to adapt them to new legislation and/or the operation of the Website.

15.2. Modifications and Service Interruptions

We reserve the right to change, modify, or remove the contents of the Website or the Services at any time or for any reason at our sole discretion and without prior notice. We also reserve the right to modify or discontinue all or part of the Service without prior notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

15.3. Service Availability

We cannot guarantee that the Website and Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Website, which would cause interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Website or Services during any downtime or interruption of the Website.

16. Submissions and Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or Services (“Submissions”) that you provide to us are not confidential and will become our sole property.

We shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You waive all moral rights in such Submissions and warrant that such Submissions are your original work or that you have the right to submit them. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

17. Compensation

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Your use of the Website and Services;
2. Your breach of these Terms;
3. Any breach of your representations and warranties set forth in these Terms;
4. Your violation of the rights of any third party, including, without limitation, intellectual property rights; or
5. Any manifestly harmful act towards any other user of the Website with whom you have connected through the Website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding to which this indemnification applies as soon as we become aware of it.

18. Severability Clause

Each clause or provision of these Terms and Conditions must be interpreted independently and autonomously. The invalidity of one clause, as declared by a final judicial or arbitration decision, will not affect the remaining provisions. The affected clause or clauses will be replaced with others that preserve the intended effects of the original conditions.

19. Contractual Assignment

The Professional User may not assign their rights and obligations under these Terms and Conditions to third parties without the prior written consent of BYTEHIDE.

However, BYTEHIDE may assign its rights and obligations to any entity within its corporate group worldwide or to any individual or entity succeeding BYTEHIDE in its business by any title.

20. Additional Information

In the event that BYTEHIDE translates this text of the Terms and Conditions into languages other than Spanish, and doubts or misunderstandings arise regarding any clause due to the translation itself, the Spanish version shall prevail over the translated text in resolving such confusion, doubt, or misunderstanding.

21. Vulnerability Reporting Channel

BYTEHIDE promotes a culture of security and appreciates the community’s collaboration in identifying and reporting potential vulnerabilities on the platform. If a Client detects a vulnerability in BYTEHIDE’s systems or services, they must responsibly notify it through support@bytehide.com.

BYTEHIDE commits to:

• Investigating all valid security reports received in good faith.
• Informing the user of the investigation’s status within a reasonable timeframe.
• Addressing and correcting confirmed vulnerabilities promptly and with priority.

22. Miscellaneous

These Terms and Conditions, together with any policies or operating rules posted by us on the Website or in respect of the Website, constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Terms is found to be illegal, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Website. You agree that these Terms shall not be construed against us because we drafted them.

23. Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by Spanish law.

Unless there is an imperative jurisdictional provision, such as the domicile of consumers where applicable, which BYTEHIDE commits to respecting, any dispute arising directly or indirectly from the legal relationship between the parties related to the provision of cybersecurity services, including disputes regarding the existence, validity, performance, or termination of such relationship, and any related matter, shall be resolved definitively through arbitration. This arbitration shall be administered by the Arbitration Tribunal of Valencia (Tribunal Arbitral del Ilustre Colegio de Abogados de Valencia, TAV Fundación de la Comunidad Valenciana, located in Valencia, Plaza de Tetuán, nº 16) in accordance with its regulations, applying the version in force at the time the proceedings are initiated. Arbitration shall be decided by a single arbitrator, with the venue being the city of Valencia (Spain). The arbitration proceedings shall take place at the headquarters of the Arbitration Tribunal of Valencia, and the parties commit to comply with the award and any other decisions issued in the proceedings. The arbitration language shall be Spanish.