Terms and Conditions of Use

Version: 12/24/2017

Thank you for using Konfident! These terms and conditions of use ("Terms") apply to the use of the Konfident secure file transfer service ("Service") and any other related content by you and any third party or entity you are using/purchasing the Service on behalf of (together referred to as "You" or "Your"), so please carefully read them before using the Service. The Terms and the Service chosen by You are the basis of the agreement between You and Hyker Security ("Agreement"). The Service is provided by Hyker Security AB, Sweden. By using the Service, You are consenting to be bound by these Terms.

If You do not agree to all of these Terms, any use of the Service is unauthorized, and You must stop accessing the Service.

If You complete the electronic registration process, by clicking the "New Workspace", "Open Workspace", "Register", or "Sign up" buttons, by using the Service or otherwise indicating acceptance of these Terms, You represent that:

  • You have full legal capacity to contractually obligate yourself to these Terms and You are not barred under any applicable laws from to do so.
  • You understand English and have read, understood and accepted these Terms stated herein.
  • You may only use the Service in compliance with these Terms.

Hyker is dedicated to continuous improvement of all parts of the Service, so if you have any question or feedback on these Terms, please let us know by sending an email to konfident@hyker.io.

1. Access to the Service

  1. In order to use our Service, You may need to complete a registration process. When You register to the Service, You must:
    • Provide information ("Registration Data") which is true, current, complete and accurate.
    • Maintain and promptly update Registration Data to keep it true, current, complete and accurate.
  2. Your registration application is evaluated by Konfident, and if we discover that Your Registration Data is not true, not current, incomplete or inaccurate, Hyker, at its sole discretion and without prior notice, is entitled to immediately terminate Your rights to continue to use the Service.
  3. In relation to the scope, use, protection, sharing, handling, management and procession of any data that You give to Konfident, including the Registration Data, or Konfident obtains from Your use of the Service, the Privacy Policy of Konfident https://konfident.io/privacy.html shall form an integral part of these Terms.
  4. The Service is not intended for use by You if You are under 18 years of age. By agreeing to these Terms, You are representing to us that You are over 18.

2. Ownership and security of Your Content

  1. You retain full ownership to Your files including their metadata (file name, etc.) and any information You submit to Konfident (together "Your Content"). We don"t claim any ownership to any of Your Content. These Terms do not grant us any rights to Your Content or intellectual property except for the following limited rights that are needed to run the Service: we may redundantly store or backup Your respective data as set forth below, and we might use trusted third parties, like Digitalocean (https://www.digitalocean.com/), to provide the Service. You give us the permission for all and any actions that we need to undertake to provide the Service. In particular, but not limited to, You agree that Konfident may transfer Your data between its servers, to Your devices or to other people"s devices with whom You share content.
  2. Hyker states that Your Content uploaded by You or otherwise submitted to the Service, are stored in an encrypted or non-invertible form. Your Encrypted Content cannot be decrypted or inverted by Konfident or any third party. Your Encrypted Content can only be decrypted or inverted by You and persons You explicitly share Your Encrypted Content with. However, You agree that Konfident may collect and store some limited information which is needed to run the Service, like Your contact and billing information, Your email address, messages sent to our support team, etc. in a non-encrypted form. We need to have access to Non-Encrypted Content to provide and administer the Service, for example we need Your email address in a non-encrypted form to send You notifications.
  3. You agree that Konfident may transmit any data to trusted third parties only on a need-to-know basis (e.g. Your email address to the e-mail service provider) to provide the Service. Konfident states and emphasize that it transmits Your Encrypted Content only in encrypted form, which cannot be decrypted as stated before. You agree that Konfident may also transmit any data stored by You to a third party, respecting all limitations and statements in paragraph 6, if Konfident has a reason to believe that it is required:
    1. To comply with any law or order issued by any legal authority.
    2. To avoid infringement of the rights of a third party.
    3. Protect the property of Hyker or the personal safety of our users and the public.

3. Your Workspace Administrator

  1. Your user account might be part of a workspace, which is administered by the workspace"s account ("Administrator"). Administrators may have the right to suspend or delete your account from the workspace, view your account"s usage in the workspace, view your profile data (e.g. Your name and Your email address), and Non-Encrypted Content in the workspace.
  2. If you are part of a workspace account, Konfident still stores Your Encrypted Content with client-side encryption, where only You have access to encryption keys. If you lose the device where your keys are stored, there is no way of recovering those keys and decrypt Your Encrypted Content, if You haven"t shared Your Encrypted Content with other users in the same workspace.
  3. You understand and agree that you are responsible to assure that You are joining the right workspace. If you join the wrong workspace, and You approve the users in this workspace, You may give access to crucial information to the wrong users.

4. Security and Your responsibility

  1. You understand that we use strong cryptography algorithms to protect Your data, and we do not have access to Your Encrypted Content. Due to encryption, Your responsibility might be higher than with regard to other similar services. You expressly take the responsibility, stated in these Terms.
  2. The Konfident Service or Hyker has no access to Your encryption keys and there is no way to recover Your encryption keys. You hereby take note and accept that if Your encryption keys are lost, Your Encrypted Content is irrevocably lost. Hyker cannot be held liable if Your encryption keys are lost and Your Encrypted Content cannot be decrypted. WE STRONGLY RECOMMEND THAT YOU KEEP BACKUPS OF ANY CONTENT ON YOUR OWN SEPARATED SYSTEMS. The purpose of Konfident is for You to share confidential documents with others, not being a long-term storage of documents.
  3. By using our Service, Your Encrypted Content will be encrypted using an encryption key which is unknown by Konfident. You can read Your Encrypted Content only with Your encryption keys stored on Your computer or similar device. Your Encrypted Content can only be read by other persons if You explicitly share Your Encrypted Content with other persons selected by yourself ("Shared User").
  4. You are solely responsible and liable for any content You upload, download, share or copy by using our Service. You hereby agree and undertake:
    1. To respect data or content of third parties protected by copyright, patent, trademark, trade secret or other intellectual property ("Protected Content").
    2. Not to upload, download, share, or copy Protected Content or to use the Service otherwise with any Protected Content.
    3. Not to upload a virus, trojan or any malicious code or software.
    4. Not to use the Service to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, offensive or otherwise objectionable content or material of any kind or nature.
    5. To comply with all applicable laws, rules and regulations.
    6. Not to use the Service for any illegal purposes.
  5. You agree that You are fully responsible and liable for all actions related to the Service of Your employees, consultants and auxiliaries.
  6. You acknowledge that You are responsible and liable if You use the share functions of the Service and share files and any other content with Shared Users. We warn You and You confirm that You know and accept, that the shared content can be decrypted by Shared Users. So always consider what You share and with whom You share before You share confidential information with other persons. Do carefully check the user ID (e.g. email address) of the person You like to share Your content. If You type the wrong ID, an unknown and undesired user might get access to Your data.
  7. Do not accept share requests, files or any other content from users You do not know or You do not trust. Hyker has no responsibility for actions of persons You share data with. In particular, but not limited to, Hyker is not liable for malware You receive from users You chose to share with.
  8. Hyker has no control with regard to the content stored and shared by its users using the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information You may be able to access using the Service.
  9. You must keep Your computer and web browser secure, and must not authorize any third party to use the Service on Your behalf. You are responsible for all activities in relation to Your account. Hyker is not liable for any loss or damage arising from any unauthorized use of Your account. In the event we have a reason to believe that an unauthorized person uses Your account or any other unauthorized use, Hyker has the right, at its sole discretion and without prior notice, to suspend or disable Your account, or take any action to avoid any unauthorized use.
  10. You must contact us right away if You suspect misuse of Your account or any security breach in the Service.
  11. Hyker cannot be held liable if Your computer is stolen or hacked and an unauthorized person gets access to Your Encrypted Data by accessing a locally stored copy, or by obtaining encryption keys stored on Your computer.

5. Payments and pricing

  1. The Workspace account is the Subscriber to the Service is thus responsible for paying all bills in connection with this Workspace.
  2. The subscription is the billing unit ("Subscription(s)"), which means if You have multiple Subscriptions, You will receive multiple invoices. Each Subscription has its own billing period, and can be monthly or yearly paid.
  3. Hyker may provide You the Service for free of charge, for a limited trial period. If the trial period ends, Konfident may automatically convert your Subscription to a paying subscription and automatically charge You the Subscription fee, or Hyker may follow its normal procedure of Suspension and Termination. We reserve the right to, in our sole discretion, discontinue or modify any promotions, credits or other free offers anytime.
  4. Payment of the Subscription fee will be by preauthorized credit card charge, and we will automatically charge Your credit card or other agreed payment options monthly or yearly, for each month, partial month or year, depending upon which billing period You have selected for the Subscription. You agree that Your Subscription is automatically renewed for the same period at the end of the billing period ("Renewal date") unless You state otherwise one (1) day before the Renewal date.
    1. We will automatically bill Your credit card or other agreed payment options each month or each year on the calendar day when You created Your Subscription. If Your Subscription has started on a calendar day not contained in a given month or year, Konfident will bill Your credit card on the last day of such month or year.
    2. If any fee of a Subscription is not paid in a timely manner, or Konfident was not able to charge Your credit card with the payable fees, Konfident has the right to suspend Your entire Subscription.
    3. You agree and authorize Konfident to periodically authorize Your credit card in anticipation of account or related charges.
    4. You must be authorized to use the credit card of which number You have entered.
    5. You agree that if You do not provide Konfident with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, You will be in violation of these Terms.
    6. If You are prevented from using a credit card by e.g. Your company policies then Konfident can send you an invoice. However, We reserve the right to, in our sole discretion, agree on using this alternative payment method, and We also reserve the right to add an administrative fee for this.
  5. Your Subscription may include a time commitment (Committed Period; e.g. one-year commitment with monthly payment). If you cancel, terminate or rescind a Subscription or terminate the Agreement during the Committed Period, we are entitled to charge you for the remaining Committed Period according to Your Subscription.
  6. Hyker reserves the right to change prices of Your Subscription. If there is a specific length and price offered to You, or You have a Committed Period, price will remain the same for that time. Hyker will provide at least 30 days advance notice to You about the change of the price.
  7. All payments by You to Hyker are final, nonrefundable and there are no refunds or credits for partially used billing periods or partially used Committed Periods, except as stated herein.
  8. Unless specifically provided otherwise herein, payment of all fees are due and payable to Hyker without demand, invoicing or notice before the commencement of the period to which those fees apply.
  9. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on the Service, or any other product or service provided under these Terms, excluding taxes based on net income payable by Konfident. If You are exempt from paying any sales, use or other taxes, You must provide Konfident with appropriate evidence of tax exemption for all relevant jurisdictions.

6. Proprietary Rights

  1. All contents of the site (konfident.io and any subdomains of konfident.io) including but not limited to design, logo, trademarks, domain names, text, software, technical drawings, configurations, graphics, patents, other files, and their selection and arrangement, any other intellectual and industrial property or proprietary rights ("Service Content") are protected by copyright and other intellectual property laws, and owned by Hyker and/or its suppliers, affiliates, or licensors.
  2. Unless we have specifically permitted herein, no portion of the Service Content may be reproduced, modified, distributed, published in any form, or by any means, without prior written permission from Hyker, and You are not permitted to create any derivative works of Service Content. Hyker does not give You any license to our intellectual property. Any rights not expressly granted herein are reserved, and no title to or ownership of any proprietary rights related to the Service is transferred to You pursuant to these Terms.
  3. We may use any feedback, ideas, comments, enhancement requests, recommendations or suggestions ("Suggestions") You send us or post in our forums without any obligation to You, and You hereby grant to Hyker a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Suggestions.

7. Updates and changes to the Service

  1. As part of the development of the Service, Hyker has the right, in its sole discretion, anytime (i) to add new features, (ii) add new third party software components or (iii) to modify or discontinue features (together as Changes).
  2. If Hyker makes a Material Change of the Service, as defined hereafter, Hyker will notify you 30 days before the changes become effective by sending you an email and by a notification inside the Service. You understand and accept that You have 30 days after sending the above-mentioned emails to explicitly accept such changes. After 30 days, we may limit your access to any part of the Service until changes are not explicitly accepted by You.
  3. Material Change(s) means a substantive Change that would be of importance or consequence to the User, which may include:
    1. Changes to privacy practices, meaning changes relating to practices regarding notices, disclosure, use and collection of submitted data, or measures for data security, integrity, or access.
    2. Material update or substantive revision to the Service functionality which may negatively affect the security of your data.
    3. Material Changes do not include any changes which solely affect the performance or integrity of the Service, such as increases in speed, reliability, or information security.
  4. Hyker has the right to make any Changes which are non-Material Change without prior notice to you.
  5. If You have paid to use the Service and we materially downgrade its functionality, we will provide You with an adequate and proportional refund of any pre-payment, as we determine appropriate.

8. Compliance with Laws

  1. The transactions contemplated hereby may be subject to the customs and export/import control laws and regulations of Your country of residence and the countries where our data storage and recovery facilities are located. You agree to comply with all customs and export laws and all other applicable laws, statues, ordinances and regulations relating to use of the Service. You acknowledge that violations of these Terms could subject You to criminal or civil penalties.
  2. There may be restrictions and limitations on the use encryption, or transfer encrypted information, under the laws of the country in which You intend to use the Service. It is Your sole obligation and responsibility to check such limitations before using the Service and to comply with such restrictions and limitations.

9. Disclaimer

9.1 Provided as-is

If You are paying for the Service, we promise that we will try to operate the Service with reasonable care and skill and will use reasonable commercial efforts to promptly remedy any faults of which we are aware. However, we provide the Service "as is" and "as available", without express or implied warranty or condition of any kind and You shall use it at Your own risk. To the maximum extent permitted by applicable law, we also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement or any warranty that the Service are of any particular quality or purpose and correspondence to the Documentation.

9.2 Disclaimer of liability

Hyker's liability for simple negligence and for auxiliary persons is excluded. To the maximum extent permitted by the applicable law, Hyker shall in no event be liable for any lost profits, revenues, or business opportunities, loss of use, loss of data, loss of confidential or other information, business interruption and any other direct, indirect, special, incidental, criminal, subsequent or consequential damages whatsoever, whether based on contract, tort, negligence, product liability or otherwise, arising out of or in any way related to the use of or inability to use the Service or the support and maintenance services (if any) by You, regardless whether Hyker has been advised or should have had knowledge of the possibility of such damages.

9.3 Force major

Hyker will not be liable to You or to any other person for failure to perform or any delay in the performance of the Service due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labor disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond Hyker"s reasonable control.

9.4 Remedy

You agree that the sole and exclusive remedy for unsatisfactory Service shall be termination of the Service and a refund of any amount actually paid by You for the current Service term. Aggregate liability, including any negligence on Your part, for all claims relating to the Service is limited to the amounts paid by You to Hyker for the past six months of the Service in question.

9.5 High Risk Activities

The Service is not intended for use in hazardous environment requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation, air traffic control or aircraft communication systems, direct life support machines or weapon systems in which the failure of the Service could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, Hyker and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

10. Indemnification

You shall indemnify, defend, and hold harmless Hyker and its employees, affiliates, contractors, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, without limitation, reasonable attorneys" fees) arising from or related to:

  1. Any breach of these Terms by You.
  2. Any infringement of the Protected Content by You.
  3. Any fraud or manipulation by You.
  4. Any claims for infringement of any third party rights arising from or related to Your data.
  5. Any claims of credit card fraud based on any information released by You.

Hyker will reasonably notify You of any such claim or demand that it is subject to Your indemnification obligation.

11. Infringement of Protected Content

Hyker respects the intellectual property rights of third parties, and Hyker does not tolerate any infringement of such rights by its users. We will respond to notices of alleged copyright infringement if they comply with the applicable law and are properly provided to us. We will take whatever action we deem to be appropriate, in our sole discretion, such as deleting or disabling content alleged to be infringing and to suspend or terminate Services and accounts.

Notices should be sent to:

Copyright Infringement Agent
Hyker Security AB, c/o SAAB Ventures, Bror Ugglas Gata, 581 88 Linköping, Sweden
copyright@hyker.io

 

All infringement notifications must be submitted in writing to the Hyker Copyright Infringement Agent, and the following information must be included:

  1. Identification of the Protected Content claimed to be infringed.
  2. Identification of the material or link allegedly hosting the infringing content, including the URL and the client-side decryption key for that.
  3. The copyright owner's contact information (including mailing address, telephone number, and email address).
  4. A statement declaring that
    1. "I hereby state that I have a good faith belief that the use of the Protected Content is not authorized by the copyright owner, its agent, or the law,"
    2. "I hereby state that the information in this notice is accurate"
    3. "I hereby state, that I am the owner or am authorized to act on behalf of the owner of the copyright that is allegedly infringed;"
    4. The full name and electronic or physical signature of the copyright owner or the copyright owner"s agent.

12. Acceptable use

You agree not to misuse the Service. You promise that You will not, will not attempt to or will not encourage or assist any third party to or attempt to:

  1. Access or use the Service in a way intended to improperly avoid incurring fees or exceeding any Quotas.
  2. Use the Service to access, change, damage, delete or edit data without authorization.
  3. Use any unauthorized means to modify, reroute, or gain access to the Service.
  4. Misrepresent Your identity, including without limitation by representing that You are a Hyker employee or representative or another user of the Service.
  5. Try to access the Service with unauthorized software.
  6. Damage, disable, overburden or impair the Service or any network connected to the Service.
  7. Use the Service, directly or indirectly, to offer any service that competes with the Service.
  8. Participate in any group that encourages violation of these Terms.
  9. Probe, scan, or test the vulnerability of any system or network. Hyker may, in its sole discretion, make exceptions to this duty and allow hacking activities against and limited to its non-production infrastructure ("Hacker Arena").
  10. Participate in any activity which interferes or may interfere with the efficiency of the Service.
  11. Use the Service in a way that infringes Protected Content.
  12. Use the Service to facilitate any mass mails, spam, chain letters, snowball systems, or similar communications, regardless of whether they are commercial in nature.
  13. Use the Service to collect, store or transmit personal data of any person without such person"s consent.
  14. Store or transmit any software or data containing any virus, malware, trojan, spyware or other software or program code that is malicious in nature.
  15. Send us untruthful abuse reports.
  16. Violate the law in any way, or to violate the privacy of others, or to defame others.

13. Overuse

If Your usage is above what is enabled by Your current Quota, Hyker will notify You about Your overuse. If, in 15 days upon the delivery of such notice, You do not upgrade and increase Your Quota to fit in with Your actual usage, or if You do not decrease Your usage, for example, by deleting files, Hyker may, at its sole discretion and without further notice, block Your access to the Service, curtail and restrict our Service (e.g. restrict the maximum number of users or guest users) terminate Your account, or delete some or all of Your files, account information, settings or any other data from its systems, so as to reduce Your storage space available according to Your current subscription Quota.

14. Renewal

  1. You can use our Services during the agreed time (Subscription period).
  2. You agree that Your Subscription is automatically renewed for the same period at the end of the Subscription or Committed Period ("Renewal date") unless You state otherwise one (1) day before the Renewal date.

15. Suspension

  1. Hyker may monitor the use of our Service.
  2. Hyker may immediately upon notice to You (i) suspend Your or any other user"s right to access or use any portion or all of the Service and/or (ii) suspend Your account(s) and/or (iii) curtail and restrict our Service (e.g. restrict the maximum number of users or guest users) if:
    1. We have a reason to believe that You are, or Your account has been used in breach of these Terms or any applicable laws. In such case we may suspend Your account without any prior notice.
    2. We are unable to verify or authenticate Your provided information to us.
    3. You are more than 30 days late on any payment (in particular on Your Subscription fees).
    4. You become the subject of any bankruptcy, dissolution or similar proceeding.
  3. Our right to suspend Your or any other user"s right to access or use any portion or all of the Service is in addition to our right to terminate the Agreement.

16. Effects of Suspension

If we suspend Your right to access or use any portion or all of our Service,

  1. You remain responsible and liable for al fees and charges which have incurred up to the date of suspension;
  2. You remain responsible and liable for any applicable fees and charges for any Service to which You continue to have access;
  3. We will not erase and delete any of Your Content as a result of Your suspension, except as specified elsewhere in these Terms.

17. Termination by the Customer

  1. You may stop using the Service at any time. If You just stop using the Service, this does not terminate the Agreement and Your obligations.
  2. Termination for convenience: You may terminate this Agreement in Your sole discretion and for any reason by (i) closing Your account(s) for all Services with an account closing mechanism or (ii) by contacting support at konfident@hyker.io.
  3. There is no refund for any pre-paid service. If You terminate the Subscription, Your Subscription will not be renewed. If Your Subscription included a time commitment (Committed Period) and You terminate the Subscription before the Commitment Period expires, we are entitled to charge You the remaining fees until the end of the commitment.
  4. We may ask You for indication of reasons to terminate, but even if we would be quite happy to get feedback, You are not obligated to share such reasons.
  5. Termination for cause: You may terminate this Agreement for cause upon 30-day advance notice to Hyker if there is any material default or breach of the Terms by Konfident, unless we have cured the material default or breach within the 30 day notice period. In case of termination for cause, we will provide You with a pro-rata refund of any pre-payment.

18. Termination by Hyker

  1. Termination for convenience: Hyker may decide, in its sole discretion and at any time, to discontinue the Service and/or to terminate the Agreement by providing 30 days advance notice. In this case, we will provide You with a pro-rata refund of any pre-payment.
  2. Termination for cause: Hyker may terminate Your account for cause immediately upon notice to You if:
    1. We have a reason to believe that You are, or Your account has been used in breach of these Terms or any applicable laws. In such case we may terminate the Agreement without any prior notice.
    2. We are unable to verify or authenticate Your provided information to us.
    3. You may subject us, our affiliates, or any third party to liability.
    4. You are more than 60 days late on any payment (in particular on Your Subscription fees).
    5. In order to comply with the applicable mandatory laws or, to comply with the final court order of a competent judicial body.
    6. You become the subject of any bankruptcy, dissolution or similar proceeding.

19. Effects of Termination

  1. General Effects of termination: upon any termination of this Agreement:
    1. All Your rights under this Agreement immediately terminate.
    2. You remain responsible and liable for all fees and charges You have incurred up to the date of termination;
    3. You agree (i) that You stop any use of the Service and (ii) that You undertake not to access Konfident"s systems or the Service by whatever way and means; in particular, but not limited to, You undertake not to access the Service via the user account of a third party.
    4. Sections 4, 9 and 10 of these Terms and in particular all disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.
  2. After the termination of the Agreement, Hyker is entitled to keep or to erase and delete any data and/or Your Content (including, but not limited to, Your Encrypted Content) according to our Privacy Policy.
  3. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.

20. Miscellaneous

20.1 Changes in Terms

We may revise these Terms from time to time due to changes in our Service and the laws that apply to us and You. If we make any revision, we will notify You to take notice of the "Last Updated" version of these Terms posted on our website. If a revision, in our sole discretion, contains a Material Change we provide You an email notification 30 days before the change of Terms become effective and we notify you inside the Service. You understand and accept that You have 30 days after sending the above mentioned emails to explicitly accept such changes. After 30 days, we may limit your access to any part of the Service until changes are not explicitly accepted by You. Any non-Material Changes will be effective upon posting, and any Material Change will be effective 30 days after posting the revised version of these Terms on the Service,. If You do not agree to the new terms, please stop using the Service.

20.2 Governing law and Jurisdiction

The laws of Sweden govern all matters arising out of this Agreement, without regard to its conflict of law principles. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC") if not otherwise stipulated below.

The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed USD 100,000. Where the amount in dispute exceeds USD 100,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds USD 100,000 but not USD 1,000,000. Where the amount in dispute exceeds USD 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration. The seat of arbitration shall be Link"ping, Sweden and the language used during the arbitral proceeding shall be English.

However and notwithstanding the above stipulated, Hyker may " in its sole discretion " appoint for settlement a dispute where the amount in dispute does not exceed USD 100,000 to the district court of Link"ping, Sweden.

These Terms and all associated Documentation to which they refer to have been written in the English language and the parties agree that the governing language is English. All communications and any dispute associated with these Terms shall be in the English language.

20.3 Severability

If any provision of these Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

20.4 Identifying You as user

Hyker shall have the right to publish and identify You as a user of the Service. You agree that Hyker may use any logo and/or name associated with You on our website and other marketing materials in order to identify You as a Konfident user.

We respect Your privacy, and You can ask us to stop identifying You anytime. If we receive Your written notice sent to konfident@hyker.io on the day You registered, we don"t have the right to identify You. Afterwards, within 30 day after recipient of such notice sent to konfident@hyker.io, we shall stop identifying You on any new marketing materials or on our website.

20.5 Other agreements

This Agreement is the entire agreement between us with respect to the subject matter hereof, and supersedes the terms of any purchase orders and any other communications or advertising with respect to such subject matter. If any provision of this Agreement is held invalid, that provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will continue in full force and effect. HYKER has no liability for any failure of performance or equipment due to causes beyond its reasonable control, including, but not limited to, the following: acts of God, fire, flood, earthquake, tsunami, storm, or other catastrophes; any law, order, regulation, direction, action, or request of any governmental entity or agency, or any civil or military authority; national emergencies, insurrections, riots, wars or acts of terrorism; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties; or failure of the Internet or any telecommunications, hosting or service provider. This Agreement may be modified only by a written agreement that is signed by authorized representatives of both parties and identifies itself as an amendment to this Agreement. No term or provision hereof will be considered waived by HYKER, and no breach excused, unless the waiver or consent is in writing signed by HYKER. No consent by HYKER to, or waiver of, a breach, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such paragraph or in any way affect such section.

20.6 Notices

You accept that we may send You notices or communications to Your email address provided during registration, or otherwise by any means, in our sole discretion, which by it is likely we can reach You. Any notice shall be deemed delivered if was sent to Your email address provided during registration. It is Your responsibility to regularly check Your email account for new emails and to make sure emails from Hyker and Konfident can pass Your spam and/or other filters. All notices sent by You to Hyker or Konfident in connection with these Terms be in writing and sent by first class mail or certified mail (receipt being deemed 72 hours after postage and return receipt requested) or personally delivered at the address of
Hyker Security AB, c/o SAAB Ventures, Bror Ugglas Gata, 581 88 Linköping, Sweden.

20.7 Expiration of claims

Both parties agree that except for claims related to the indemnification obligations above, all claims arising under or related to these Terms must be brought within two years after the date the cause of action arose.

20.8 Prevailing party

In the event either party brings an action against the other to enforce any term of these Terms, the prevailing party in such action shall be entitled to recover the court costs and reasonable attorney"s fees at trial and on any appeal.

20.9 Waiver

The failure of either party to enforce a provision is not a waiver of its right to do so later. The waiver by Hyker of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms.

20.10 Remedy

Any remedy made available to Hyker by any of the provisions of these Terms is not intended to be exclusive of any other remedy.

20.11 Third party services and content

The Service may contain features and functionalities linking You or providing You with certain functionality and access to third party websites and services. Hyker has no influence on the contents of these linked pages, dissociates itself herewith explicitly from all such contents, and makes no warranty whatsoever with respect to such links, websites, or services.

20.12 Assignment

You may not assign Your rights or obligations under these Terms without Hyker"s express written consent.

20.13 Third party beneficiary

Hyker and You are not legal partners or agents; instead, our relationship is that of independent contractors. No simple partnership is intended. These Terms create no third-party beneficiary rights.