TERMS AND CONDITIONS ("Terms")

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or PentesterLab cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting PentesterLab customer support team. The cancellation will be effective at the end of the then-current Billing Cycle.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide PentesterLab with accurate and complete billing information including full name, address, state, country, zip code, and a valid payment method information. By submitting such payment information, you authorise PentesterLab to charge all Subscription fees incurred through your account to the payment method you provided.

Should automatic billing fail to occur for any reason, PentesterLab will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

PentesterLab, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

PentesterLab will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by PentesterLab on a case-by-case basis and granted at the sole discretion of PentesterLab and in compliance with Australian consumer Law.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

We endeavour to keep your personal information secure and in accordance with our Privacy Policy. You acknowledge that you are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Intellectual Property

The Service contains original content (including textual, graphical, audio and other content), features and functionality that are subject to copyright, trademark, design, and any applicable patent (collectively ‘Intellectual Property Rights’). Intellectual Property Rights in the Service vests exclusively with PentesterLab. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PentesterLab.

Unless specifically authorised by Pentesterlab or otherwise permitted by law, you may not copy, modify, publish, transmit, transfer, sell, reproduce, stream or create derivative works from, distribute, perform, display or in any way exploit any of the content of the Service, in whole or in part.

PentesterLab grants you a limited, non-exclusive, non-transferrable or assignable licence to use the intellectual property contained in the Service, including but not limited to the Subscription content, for the sole purposes of your learning and development.

AI Training and Use Restriction

Notwithstanding any other provision in these Terms, you are expressly prohibited from using any content available on the Service, including but not limited to textual, graphical, audio, and other materials, for the purpose of training, developing, or enhancing artificial intelligence, machine learning models, or any other algorithmic or data analysis tools. This restriction is designed to safeguard the unique value of our content and its intended educational and developmental use within the Service. Any breach of this restriction is considered a material breach of these Terms and may result in immediate termination of your account and access to the Service, as well as potential legal action to enforce these Terms and protect our rights.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by PentesterLab.

PentesterLab has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that PentesterLab shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and/or bar access to the Service immediately, upon your material breach of these Terms or another executed agreement between the parties hereto; where such breach, being capable of being cured, has not been cured within a reasonable timeframe.

If you wish to terminate your account, you may simply discontinue using the Service, and in such case you may continue to use the Subscription until the end of the remaining billing period.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation Of Liability

To the extent permitted by law, PentesterLab, nor its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal claim, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Where PentesterLab is liable for any loss or damage, the liability is limited to the value of one billing cycle of the relevant Subscription.

Content

Our content is made available for non-commercial use. It shouldn't be used to provide commercial services, promote other training or services. Any derivative work based on our content should not be used to provide commercial services, promote other training or services.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by consumer law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

PentesterLab its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Any exclusion of warranties and exclusion or limitation of liability in these jurisdictions will apply to the greatest extent permitted by law.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia and you agree to submit to the jurisdiction of the courts and tribunals of Victoria, Australia.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

Any modification or amendment of these Terms will be provided via 30 days’ notice prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may stop using your Subscription.

Generals

No Embargo. Both parties hereby represent and warrant that: (i) they are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) they are not listed on any government’s list of prohibited or restricted parties or activities.

No Waiver. Failure by either party to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. Both parties hereto are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.

Taxes. Each party is responsible for complying with all tax obligations associated with its activities.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.