1. Preliminary Information

These Terms and Conditions govern the purchase by Users of the products offered on the Website: https://www.bytehide.com/ (hereinafter, the “Website”) owned by BYTEHIDE SOLUTIONS, S.L. (hereinafter, “BYTEHIDE”), with Tax Identification Number (NIF) B10714426 and professional address at Avenida del Puerto 189, 5th floor, door A1, 46022, Valencia, Spain.

For the purposes of these Purchase Terms and Conditions, “Consumer and/or User” shall mean any individual who, outside of their commercial, business, trade, or professional activity, accesses the Website with the intent to purchase the products offered on the Website (hereinafter, the “User” and/or “Customer”).

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

2. Acceptance of Terms and Conditions

The purchase of any products on the Website requires acceptance by the User, without reservation, of all and each of the Purchase Terms and Conditions, as well as the Specific Conditions that, where applicable, govern the purchase.

By accepting the Terms and Conditions, the User agrees to act at all times in accordance with the provisions of this legal text, which defines the rights and obligations of BYTEHIDE and the User concerning the contractual relationship derived from the use of the services accessible through the Website.

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

3. Purpose

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

These Terms and Conditions govern the purchase agreement between the User and/or Customer and BYTEHIDE concerning the sale of 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 Five.

4.3. Account Suspension

BYTEHIDE is not responsible for how Users may use the Content included on the Website.

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

If BYTEHIDE detects any irregularity or has reasonable grounds to believe a User is engaging in acts mentioned above that violate the law, good faith, and/or these Terms and Conditions, BYTEHIDE reserves the right to deactivate the User, including all third parties who also have an account and have benefited directly or indirectly from such actions. BYTEHIDE may also take all legal actions available, with the User in question being responsible for any expenses incurred and damages caused.

BYTEHIDE may temporarily suspend access to the Website without prior notice for maintenance, repair, updating, or improvement operations. However, whenever possible, BYTEHIDE will notify Users in advance of the anticipated suspension date of the Services.

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.

4.6. 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.

4.7. 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. 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.

5.1. 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.

6. 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.

7. BYTEHIDE’s Guarantees

BYTEHIDE is committed to providing 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.

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

In the event of any issue with the tools or solutions, BYTEHIDE commits to providing technical support to resolve them under the terms established in the Service Level Agreement, which you can review here.

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.

8. 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.

9. 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.

10. 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.

11. Personal Data Protection

11.1 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.

11.2 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.

11.3 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.

12. 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.

13. Intellectual and Industrial 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, will remain unaffected and continue to be the exclusive property of each Party as before.

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

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

14. Modification and Duration

The information 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, to adapt them to changes in applicable legislation and/or the operation of the Website.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.