- Last Updated
- February 22, 2022
(A) Mageni Security LLC only sells computers services related to training, consulting, instruction, servicing, maintaining, repairing, programming,
installing, troubleshooting and triage (system analysis) of a free an open-source vulnerability scanning and management platform which is licensed under
Mageni Security LLC does not sells the free and open source software vulnerability scanner and the computer services are not provided to you in conjuction with
the sale of a prewritten or custom software. In compliance with the GPLv2+, you can download a copy of the source code of the software from
Open Source Compliance
(B) Mageni Security LLC reserves the right to withdraw and add services.
(C) You shall not purport to take on any obligation or responsibility, or make any representations, warranties, guarantees or endorsements to anyone on behalf of Mageni Security LLC, including without limitation, relating to Mageni Security LLC services. Except as specifically permitted in this Agreement, You shall not state or imply that any of Your products have been endorsed, reviewed, certified or otherwise approved by Mageni Security LLC.
(D) You hereby represent and warrant to Mageni Security LLC that: (i) You will not intentionally harm the reputation or goodwill of Mageni Security LLC through any act or omission, and (ii) You have used commercially reasonable efforts to ensure that any software, code, algorithm, API, etc., transferred to Mageni Security LLC is free from any time bomb, virus, drop dead device, worm, Trojan horse, or trap door that is designed to delete, disable, deactivate, interfere with, or otherwise harm hardware, data, or other programs or that is intended to provide access or produce modifications not authorized by Mageni Security LLC.
(E) You shall, at Your sole cost and expense, defend (or at its option, settle) and indemnify Mageni Security LLC from and against any and all third party claims brought against Mageni based upon a claim that use of Your software or Your product in accordance with this Agreement infringes such third party’s patent, copyright or trademark or misappropriates any trade secret, and shall pay all settlements entered into and damages awarded to the extent based on such claim or action.
(F) Mageni Security LLC does not, will not, and can not, provide support for the open source version of the scanner. Examples of support for the open source are: Help compiling the sources, debugging the source or any work related to the code.
(G) By accepting the services you agree to receive news from Mageni Security LLC in the email address that you used to sign up.
This Agreement commences on the Effective Date and continues for the duration of the initial term agreed upon by the parties as set forth in a Mageni Security LLC's Invoice, or until it is terminated according to the terms of this Agreement.
You may not do any of the following:
(A) Use the services to perform scans of assets for which you do not have the express authority to do so;
(B) Use the services for unlawful activity;
(C) You may not use services if you are located in or are a national of a place where applicable law prohibits the use of the services (e.g., Cuba, Iran, North Korea, Sudan, Syria).
- Your Payment Obligations
You agree to pay all amounts due or incurred by You, as specified in any Mageni Invoice or any other invoice or ecommerce transaction provided by Mageni or Stripe in consideration for Your use of the Services. All the prices are in American Dollars (USD).
- Support/Service Levels
Mageni Security will provide only paid customers with the services they have purchased. Services will be provided in accordance with Mageni Security LLC’s then-current Technical Support Plan document and consistent with Mageni’s Product Lifecycle Policy.
- Technical (Troubleshooting) Support
Troubleshooting is a form of problem solving, often applied to repair failed products or processes on a machine or a system. You may open a new Support Incident by submitting a form online. Support assistance will be delivered only by email. Mageni Security LLC will respond to the Support Incident in accordance with the Support Response Times section.
Support will be provided to you for assistance with software bugs, repair of known issues,
troubleshooting of software malfunctions, installation and deployment, general questions, end
user questions, software administration and best practices procedures. Mageni Security LLC is not responsible
for software or hardware of third parties, but may, at the discretion of the support engineer, assist
in troubleshooting these third party hardware/software issues.
- Support Hours
Mageni Security LLC will provide support Monday through Friday from 9:00AM to 5:00PM EST.
Mageni Security LLC services are performed by certified CompTIA PenTest+ Professionals. You have the right to validate the credentials.
- Software Maintenance
During the term of this agreement, Mageni Security LLC will provide you with software patches,
bug fixes and releases of the free and open source software along with other generally available technical material.
All patches, bug fixes and releases shall be subject to the GPLv2 license related to the Software.
- Software Upgrades
Mageni Security LLC will provide you with all minor/major software version releases during the term
of this Agreement. You agree that the releases of software upgrades are at the sole
discretion of Mageni Security LLC and shall follow the Mageni’s internal quality standards. Further,
Mageni Security LLC will choose software features to be depreciated or included.
- Support Priority Definitions
A priority issue may only be reclassified to a lower or higher priority issue, upon the prior
approval of Mageni’s Support Manager. Priority Issues are classified into: P1, P2, P3 and P4.
||Initial Response Times
Functionality completely degraded
< 1 business day
Functionality severely degraded
< 2 business day
< 3 business day
< 4 business day
- Legal Compliance
The free and open source software is provided solely for lawful purposes and use. You agree to perform your obligations in a manner that complies with all applicable national, federal, state and local laws, statutes, ordinances, regulations, codes and other types of government authority (including those governing unfair competition, anti-discrimination, false advertising, privacy and data protection, and publicity and those identifying and requiring permits, licenses, approvals, and other consents) ("Laws"). Without limiting the foregoing, You agree to comply with all U.S. computer security laws, including, without limitation, the Computer Fraud and Abuse Act ("CFAA"), 18 USC Sec. 1030. You also agree to comply with all U.S. export laws (including the International Traffic in Arms Regulation ("ITAR"), 22 CFR 120-130, and the Export Administration Regulation ("EAR"), 15 CFR Parts 730 et seq.) and applicable export Laws of Your locality (if You are not in the United States), to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported directly or indirectly in violation of law or without first obtaining all required authorizations or licenses. In the case of the open source software used for vulnerability scans, you agree that You will be the exporter of record at any time. You will, at your sole cost and expense, obtain and maintain in effect all permits, licenses, approvals and other consents related to your obligations. You agree, at your expense, to comply with all foreign exchange and other laws applicable to you. You agree to comply with sanctions administered by the Department of Treasury’s Office of Foreign Assets Control ("OFAC") and shall not engage in prohibited trade to persons or entities on the Specially Designated Nationals ("SDN") list.
- Customer Responsibilities
Customer represents and warrants to Mageni Security LLC that it:
(a) is engaged in a lawful business enterprise;
(b) is not a competitor or competing organization with a similar product;
(c) is authorized to enter into this Agreement;
(d) is in compliance with all applicable laws appropriate to its location of business and nature of work
(e) will not use the services provided or the open source software provided to scan without authorization any asset in the world
(1) Each Party hereby warrants that it shall neither, directly or indirectly, pay any commission, remuneration or kickbacks secretively outside the books to the other party or any third party’s employees or officers, or provide any gifts or hospitality, nor reach any arrangement for any the above issues with the other party or any third party’s employees or officers, except for the inexpensive advertising gifts given according to commercial practices.
(2) Either party breaching the provision of this Article shall be regarded as material breach. The non-breaching Party has the right to terminate this Agreement by written notice to the breaching party, and reserves the right to take further legal measures. The breaching party shall be responsible for all the losses encountered by the non-breaching party therefrom.
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. 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 unauthorized use of your account. You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders at our sole discretion.
- Force Majeure
Neither party will be held responsible for any delay or failure in performance of any part of this
Agreement to the extent that such delay is caused by events or circumstances beyond the delayed
party's reasonable control.
- Governing Law
This Agreement shall be governed in all respects by the laws of the State of Delaware, USA, without regard to choice-of-law rules or principles. You expressly agree with Mageni that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. It is your responsability to read this agreement and to keep up-to-date with the its changes.
- Dispute Resolution
You and Mageni submit to the exclusive jurisdiction of the courts of Delaware, and the United States District Court for Delaware for any question or dispute arising out of or relating to this Agreement. Due to the high costs and time involved in commercial litigation before a jury, the parties waive all right to a jury trial with respect to any issues in any action or proceeding arising out of or related to this Agreement.
You agree to indemnify, defend and hold harmless Mageni Security LLC and other related parties from and against all costs, expenses (including reasonable attorneys’ fees),
losses, liabilities and damages arising out of or related to:
(i) any violation of Your obligations under this agreement;
(ii) Your use of Services provided by Mageni Security LLC; or
(iii) Your use or application of the information obtained from the services provided by Mageni Security LLC.
- Warranty; Disclaimer
MAGENI SECURITY LLC ONLY GUARANTEES THAT ALL THE SERVICES ARE PERFORMED BY CERTIFIED COMPTIA PENTEST+ PROFESSIONALS, OTHER THAN THAT, MAGENI SECURITY LLC DOES NOT, SHOULD NOT, CAN NOT, AND WILL NOT, GIVES YOU WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND THAT ASSESSING NETWORK SECURITY IS A COMPLEX PROCEDURE, AND MAGENI SECURITY LLC DOES NOT GUARANTEE THAT THE RESULTS OF OUR SERVICES WILL BE ERROR-FREE OR PROVIDE A COMPLETE AND ACCURATE PICTURE OF YOUR SECURITY FLAWS AND VULNERABILITIES, AND YOU AGREE NOT TO RELY SOLELY ON MAGENI IN DEVELOPING YOUR SECURITY STRATEGY. MAGENI SECURITY LLC MAKES NO GUARANTEE THAT A SUCCESSFUL COMPLETION OF OUR SERVICES WILL MAKE YOU AND/OR YOUR NETWORK OR THE SCANNED ASSETS SECURE AND COMPLIANT WITH THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD OR ANY OTHER STANDARD. YOU ACKNOWLEDGE THAT VULNERABILITY SCANNING MAY RESULT IN LOSS AND INTERRUPTION OF SERVICE OR OTHER IMPACT TO NETWORKS OR COMPUTERS, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES RELATING TO SUCH LOSS OR IMPACT. IN NO EVENT SHALL MAGENI SECURITY LLC, THE COPYRIGHT OWNER(S) OR ANY CONTRIBUTOR TO ANY AND ALL SOFTWARE USED BY MAGENI SECURITY LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.)
- Exclusion of other damages
UNDER NO CIRCUMSTANCES WILL MAGENI SECURITY LLC BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE SERVICES, LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE,
FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WHETHER OR NOT MAGENI SECURITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON.
YOU REPRESENT AND WARRANT THAT YOU AGREE TO USE THESE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWS, ACTS AND REGULATIONS AND THAT YOU HAVE FULL RIGHT, POWER,
AND AUTHORITY TO CONSENT TO HAVE THE SOFTWARE SCAN FOR MALWARE, VULNERABILITIES, WEAK PASSWORDS OR OTHER RISKS OF THE SITE, APPLICATIONS, DEVICES, NETWORK COMPONENTS,
SOFTWARE AND/OR ANY IT COMPONENT IDENTIFIED TO THE SERVICES, WHETHER ELECTRONICALLY OR BY ANY OTHER MEANS, WHETHER DURING INITIAL REGISTRATION, CONFIGURATION OR THEREAFTER.
YOU WILL INDEMNIFY AND HOLD HARMLESS MAGENI SECURITY LLC AGAINST ANY THIRD-PARTY CLAIMS, SUITS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, AWARDS, FINES, PENALTIES, COSTS AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY OR LEVIED AGAINST THE SAME RESULTING FROM OR BASED ON YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY
YOU ALSO ACKNOWLEDGE AND AGREE THAT, DUE TO ITS NATURE, A VULNERABILITY SCANNING SERVICE COULD EXPOSE MALWARE AND OTHER VULNERABILITIES AND IN SOME CIRCUMSTANCES COULD RESULT
IN THE DISRUPTION OF SERVICES OF THE TARGETS AND ASSETS BEING SCANNED. A VULNERABILITY SCANNING SERVICE MUST FIND WEAK PASSWORDS AND CREDENTIALS, FOR THAT PURPOSE IT PERFORMS BRUTE FORCE
SIMULATED AND CONTROLLED ATTACKS THAT COULD LOCK USER ACCOUNTS. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THIS AND YOU WILL INDEMNIFY AND HOLD HARMLESS MAGENI SECURITY LLC FROM AND AGAINST
ANY THIRD-PARTY CLAIMS, SUITS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, AWARDS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY OR LEVIED AGAINST THE
SAME RESULTING FROM OR BASED ON YOUR USE OF OR INABILITY TO USE THE SOFTWARE. DUE TO THE NATURE OF VULNERABILITY SCANNING, YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE INVOLVES SUBSTANTIAL RISK AND
AS A CONSEQUENCE, YOU ASSUME THE RISK FOR ALL DAMAGES, LOSSES AND EXPENSES RESULTING FROM YOUR USE OF THE SOFTWARE TO SCAN YOUR NETWORK, SOFTWARE, DEVICES AND ANY IT COMPONENT OF YOUR INFRASTRUCTURE
AND UNDER NO CIRCUMSTANCES WILL MAGENI SECURITY LLC BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS
OR LOST SAVINGS, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER OR NOT
MAGENI SECURITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOFTWARE,
AND FOR ANY RELIANCE THEREON.
You may terminate this Agreement at any time by canceling the services and providing notice in writing to Mageni or; provided, however, such termination shall not relieve You of any payment obligations incurred up to the date of termination. Mageni may terminate this agreement and your access to the services at any time if You fail to materially comply with any term or condition of this Agreement. Notwithstanding the foregoing, Mageni may terminate this Agreement immediately upon notice if You breach the terms in this agreement.