BACKDOOR

Terms of Service

End-User Licence Agreement — BackDoor Security Limited

This End-User License Agreement (the “Agreement”) is made by BackDoor Security Limited, a company incorporated in Hong Kong (Business Registration No. 80651887; registered office: Room 76, Unit 3, 2/F, Lai Cheong Fty. Building, 479 Castle Peak Road, Cheung Sha Wan, Hong Kong) (the “Licensor”, “we”, “us”), and sets out the terms on which the Licensor grants a simple (non-exclusive) licence to use the computer program BackDoor (the “Software”) to any legally capable individual, sole proprietor or legal entity (the “Licensee”, “you”).

Unconditional acceptance of this Agreement occurs upon your performance of any of the actions set out in Clause 5. Acceptance of this Agreement forms a binding licence agreement between the Licensor and the Licensee on the terms of this offer.

IMPORTANT. The Software is intended solely for use in respect of information resources that you own or lawfully control, or in respect of which you have obtained the written consent of the owner. Using the Software for any other purpose may constitute an offence, including under the Crimes Ordinance (Cap. 200) of the Laws of Hong Kong. By accepting this Agreement, you confirm that you have lawful grounds to use the Software in respect of the resources you select and you assume full responsibility for such use. The Software is available only to persons aged 18 or over.

1. Definitions and Interpretation

1.1 Unless the context requires otherwise, the following terms have the following meanings:

  • “Software” means the computer program identified above (including all of its modules, updates, documentation and other protected elements), the exclusive rights in which belong to the Licensor, providing functionality for the automated security self-assessment of websites by sending network requests to them and generating reports on the results.
  • “Use of the Software” means the Licensee's exercise of the functionality of the Software by the methods set out in Clause 3, by means of remote access over the Internet (the SaaS model).
  • “Personal Account” means the closed part of the Software's web interface, available to the Licensee following registration and authentication, through which the Software is used.
  • “Credentials” means the Licensee's login and password, or any other identifier or authentication token, used to access the Personal Account.
  • “Target Resource” means the domain name and its sub-domains specified by the Licensee, in respect of which the Licensee initiates the automated security self-assessment function.
  • “Scan” means a function of the Software, exercised by the Licensee independently through Use of the Software, consisting of the automated sending of HTTP/HTTPS requests to the Target Resource for the purpose of the automated security self-assessment of that resource. A Scan is initiated and controlled solely by the Licensee. The Licensor does not perform the Scan as a service, does not conduct any investigation of the Target Resource and does not act as a person exercising control over the security of information. The Software is not an information-security protection means and is not a means of unauthorised access.
  • "Sanctions" means any economic, financial or trade sanctions, embargoes or restrictive measures administered, enacted or enforced from time to time by any Sanctions Authority.
  • "Sanctions Authority" means the Hong Kong SAR (including measures implementing United Nations Security Council resolutions under the United Nations Sanctions Ordinance (Cap. 537)), the United Nations Security Council, the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC) and other competent U.S. authorities, the European Union and its member states, and His Majesty's Treasury of the United Kingdom.
  • "Restricted Person" means any person that is: (a) designated on, or directly or indirectly owned as to 50% or more or controlled by a person designated on, any list of sanctioned or restricted parties maintained by a Sanctions Authority; (b) established, incorporated, located in, or ordinarily resident in, or acting on behalf of a person established or located in, a country or territory that is itself the subject of comprehensive country-wide or territory-wide Sanctions; or (c) otherwise the target of any Sanctions.
  • "Licensor Indemnified Persons" means the Licensor and its holding companies, subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, contractors and sub-processors, and the Licensor's hosting, cloud-infrastructure and payment service providers acting in connection with the Software.
  • “Website” means the Internet website at https://backdoor.tech, from which the Software is accessed.
  • “DNS Verification” means the technical procedure by which the Software automatically confirms the Licensee's authority to initiate a Scan, by checking for a designated CNAME record in the DNS zone of the Target Resource.
  • “Report” means the file (PDF) and/or interactive presentation generated automatically by the Software based on the results of a Scan; the output of the operation of the Software.
  • “Tariff” means the amount of the licence fee for a specified scope of Use of the Software (number of Scans, access period, scanning frequency, and so on), published by the Licensor on the Website and forming an integral part of this Agreement.
  • “Privacy Policy” means the Licensor's policy on the processing of personal data, published on the Website.
  • “Parties” means the Licensor and the Licensee together.

1.2 Headings are for convenience only and do not affect interpretation. References to legislation are to the Laws of Hong Kong and include any amendment or re-enactment of them.

2. Subject of the Agreement

2.1 Under this Agreement the Licensor grants the Licensee, on the terms of a simple (non-exclusive) licence, the right to use the Software by the methods set out in Clause 3, within the scope paid for by the Licensee under the selected Tariff, and the Licensee pays the Licensor a licence fee in the amount and manner set out in this Agreement and the Tariff.

2.2 The Software is provided by way of remote access over the Internet via the Website. No copy of the Software is delivered to the Licensee; no tangible medium is provided. The Software is used through the Personal Account.

2.3 The licence is simple (non-exclusive); the Licensor retains the right to grant licences to other persons and to use the Software itself.

2.4 The Software is not a means of unauthorised access. The Software is intended for use by the owner, administrator, holder or authorised user of a resource for the purpose of security self-assessment.

3. Permitted Methods of Use

3.1 Within the granted licence, the Licensee may use the Software in the following ways:

  • reproduction of the Software limited to the technically necessary actions for its operation during remote access over the Internet;
  • exercise of the functionality of the Software in accordance with its purpose, including: creating and managing an account; adding a Target Resource; completing DNS Verification; starting, controlling and stopping a Scan; and receiving, viewing and downloading a Report.

3.2 The Licensee must not:

  • reproduce the Software otherwise than by the methods set out in Clause 3.1;
  • modify, adapt, decompile or disassemble the Software;
  • provide third parties with access to the Personal Account, transfer the Credentials, or enter into sub-licence arrangements in respect of the Software;
  • circumvent or attempt to circumvent the technical protection measures of the Software, including the DNS Verification mechanism;
  • use the Software or any of its components to create derivative software products;
  • use the Software in respect of any critical information infrastructure, governmental system, or any resource in respect of which applicable law in any relevant jurisdiction requires the involvement of, or the holding of a licence, accreditation or authorisation by, a licensed or accredited provider for security-assessment, penetration-testing or similar activities, or in respect of which such activities are otherwise prohibited or restricted by law.

3.3 Use of the Software in breach of the restrictions set out in Clause 3.2 is not permitted and falls outside the scope of the licence granted under this Agreement. In the event of such use, the Licensee bears full and sole responsibility, and the Licensor's liability for the consequences of such use is excluded to the fullest extent permitted by law.

4. Term of the Licence

4.1 The licence is granted for the term determined by the selected Tariff. If the Tariff provides for a single Scan, the licence is valid from the moment of payment of the Tariff until completion of the Scan and delivery of the Report, but for no more than 30 calendar days. If the Tariff provides a subscription, the licence is valid for the entire paid period. Granting the right to use the Software on a subscription basis does not create any obligation on the Licensor to provide the Licensee with information-security monitoring services; each Scan during the subscription term is initiated by the Licensee independently or in accordance with a schedule set by the Licensee in the Personal Account.

4.2 Upon expiry of the licence term, the Licensee loses the right to further Use of the Software. The Licensor does not guarantee the preservation of the Personal Account or of any previously generated Reports.

5. Acceptance of the Offer

5.1 Acceptance of this Agreement is deemed to occur upon your performance of any of the following actions, whichever occurs first:

  • registering in the Personal Account and marking the box “I agree to the Terms of Service” (or a similar box) when completing the registration form;
  • paying the licence fee under the selected Tariff (including by online card acquiring or bank transfer);
  • initiating a Scan for the first time through the Personal Account.

5.2 From the moment of acceptance, you are deemed to have read and agreed in full to all terms of this Agreement in force as at the date of acceptance.

5.3 If you do not agree with any term of this Agreement, you must not use the Software.

6. Registration and Personal Account

6.1 To use the Software, the Licensee creates an account and provides accurate information.

6.2 The Licensee warrants that any person creating an account on behalf of an organisation has the necessary authority to enter into this Agreement and to assume obligations on behalf of that organisation.

6.3 The Licensee is responsible for maintaining the confidentiality of the Credentials. Actions performed in the Personal Account using the correct Credentials of the Licensee are deemed to have been performed by the Licensee. The Licensor is not liable for the actions of third parties who obtain access to the Credentials as a result of the Licensee's failure to keep them secure.

6.4 The Licensee must promptly notify the Licensor of any loss or suspected compromise of the Credentials.

6.5 As a general condition of eligibility, the Software is not available to, and must not be used by or for the benefit of, any Restricted Person.

6.6 The Licensee represents and warrants, on registration and on each occasion on which it pays a licence fee or initiates a Scan, that: (a) neither the Licensee, nor any of its owners, directors or officers, nor any person on whose behalf or for whose benefit it uses the Software, is a Restricted Person; (b) it will not, directly or indirectly, use the Software, or permit it to be used, by or for the benefit of any Restricted Person, or in respect of any Target Resource that is located in, hosted in, or operated by a person established in, a country or territory subject to comprehensive Sanctions; and (c) it will not use the Software in any manner that would cause the Licensor, the payment service provider or any other party to be in breach of any Sanctions.

6.7 The Software and its underlying technology may be subject to export-control laws, including laws relating to intrusion or security-testing software. The Licensee must not use, export, re-export or otherwise make the Software available in violation of any applicable export-control or trade laws, and must not use the Software in the design, development or deployment of any capability prohibited by such laws.

6.8 The Licensor may, at its discretion and without liability, screen the Licensee and its payment details against Sanctions lists, and may decline to grant a licence, refuse or withhold any Scan, and suspend or immediately terminate this Agreement and access to the Personal Account, where it determines or reasonably suspects that any representation in this Clause 9A is or has become untrue, or that continued performance would expose the Licensor to a Sanctions or export-control risk.

7. Confirmation of Authority

7.1 Before starting a Scan, the Licensee must complete DNS Verification of the Target Resource. The Licensee adds to the DNS zone of the Target Resource a CNAME record in the form specified in the Personal Account. The Software automatically checks for that record. Without DNS Verification, the Scan function is technically unavailable.

7.2 By completing DNS Verification and initiating a Scan, the Licensee clearly, knowingly and unequivocally authorises the automated interaction of the Software with the Target Resource. That authorisation is expressed in respect of the specific Target Resource and applies for the duration of the relevant Scan.

7.3 The Licensee represents and warrants that:

  • it is the owner of the Target Resource or a person lawfully managing it (administrator, operator, licence-holder and so on), or has the written consent of the owner to use the Software in respect of the Target Resource;
  • it has all rights and authority necessary to grant the authorisation referred to in Clause 7.2;
  • use of the Software in respect of the Target Resource does not infringe the rights of any third party, including hosting providers, telecommunications operators or owners of the infrastructure on which the Target Resource is hosted;
  • there are no regulatory restrictions in respect of the Target Resource (including, without limitation, any classified or state-secret status) that would prevent the Scan;
  • the Licensee has notified (or will notify before the Scan begins) the hosting provider, cloud-infrastructure provider and any other persons who, under its agreements with them, must be notified of active security testing.

7.4 The Licensee bears full responsibility for the accuracy of the representations set out in Clause 7.3. If they are inaccurate, the Licensee shall indemnify each of the Licensor Indemnified Persons in full for any losses caused (including legal costs, fines and expenses of legal assistance) and shall hold each of them harmless against any third-party claims connected with such use of the Software.

7.5 The Licensor may at any time technically suspend or terminate the Scan function upon receipt of a reasoned statement from a third party alleging infringement of its rights.

7.6 Records evidencing DNS Verification, payment of the licence fee and initiation of a Scan (Software logs, timestamps, IP addresses, Personal Account identifiers) are retained by the Licensor and may be used as evidence of the lawfulness of the Licensee's use of the Software.

8. Nature of the Functional Interaction; Acceptance of Risk

8.1 When performing a Scan, the Software automatically sends to the Target Resource HTTP/HTTPS requests of the following categories: informational (standard GET requests); requests to discover hidden resources; parametric requests (with modified parameters to test input validation); checks of authentication and authorisation mechanisms; and requests with modified HTTP headers. A Scan is the Licensee's exercise of the functionality of the Software (Use of the Software) and is not the performance of any work or the provision of any service by the Licensor. The Licensee independently determines the moment of starting a Scan, the set of Target Resources and the checks applied from those available in the Software.

8.2 The Licensee accepts the risk of possible reduction in the performance of the Target Resource, short-term increases in response time, triggering of protection means installed by the Licensee (WAF, IDS/IPS, anti-bot), and other side effects typical of active security testing. Such phenomena are to be expected when using the Software and do not indicate any malfunction of the Software.

8.3 Before starting a Scan, the Licensee undertakes to: create up-to-date backups of the Target Resource and related data; notify its hosting provider and cloud-infrastructure provider; and agree the Scan window with its own IT function and (where necessary) with users of the Target Resource.

8.4 The Licensee acknowledges that certain checks of the Software are experimental in nature and accepts the risk of possible unavailability of the Target Resource (including where such unavailability is caused by pre-existing vulnerabilities of the Target Resource, such as DoS-type vulnerabilities, that manifest during a Scan). Such circumstances are the result of a vulnerability in the Target Resource and not the result of any malfunction of the Software.

8.5 If, during a Scan, the Software automatically records personal data, tokens, access keys or other sensitive information in the public responses of the Target Resource, such information is reflected solely in the Report as evidence of a vulnerability and is not stored by the Licensor separately from the Report.

9. Licence Fee and Payment

9.1 For the grant of the right to use the Software, the Licensee pays the Licensor a licence fee in the amount set by the selected Tariff. The applicable Tariffs are published by the Licensor on the Website and form an integral part of this Agreement. The currency of the Tariff is displayed on the Website at the time of purchase together with the price.

9.2 The amount of the licence fee may be determined as: a fixed sum for a single Use of the Software (one Scan of one Target Resource); a periodic sum for an access period (subscription); or a combination of the two. The specific amount is shown in the Personal Account at the time the Tariff is purchased.

9.3 Payment is made on a 100% prepayment basis unless the Tariff expressly provides otherwise. Payment may be made by bank transfer, by payment card through an online acquiring service, or by other methods supported in the Personal Account at the time of payment. Card payments and settlement are processed by the Licensor's authorised payment service provider, 3S Money (3S Money Club Limited and its affiliates). By making a payment, you also agree to the applicable terms of the payment service provider.

9.4 Payment is deemed made upon crediting of the funds to the Licensor's account (for bank transfers) or upon successful confirmation of the transaction by the payment service provider (for online acquiring).

9.5 At the request of a Licensee that is a legal entity or sole proprietor, the Licensor issues an invoice or an act confirming the grant of the right to use the Software. The Licensee's signature on any such act is not a condition of the Licensee's right to use the Software.

9.6 Confirmation of the grant of the licence is the record in the Personal Account of activation of the Tariff (stating the date, scope of rights and term), together with a notice sent to the Licensee by email.

9.7 Refunds are governed by the Licensor's Refund Policy, published on the Website, which forms an integral part of this Agreement.

10. Rights and Obligations of the Parties

10.1. The Licensor shall:

  • provide the Licensee with the ability to Use the Software on a 24/7 basis, except during scheduled and unscheduled maintenance;
  • ensure the operation of the Software in accordance with its purpose and described functionality;
  • maintain the confidentiality of Reports and other data processed in connection with the Licensee's Use of the Software, in accordance with Clause 13;
  • process the Licensee's personal data in accordance with the Privacy Policy and the Personal Data (Privacy) Ordinance (Cap. 486).

10.2. The Licensor may:

  • suspend or restrict the Licensee's ability to Use the Software in the event of breach of this Agreement, non-payment, detection of signs of fraudulent activity, receipt of a reasoned third-party complaint, or on other grounds provided by law;
  • unilaterally amend the terms of this Agreement, the Tariffs and the functionality of the Software, subject to the notice procedure set out in Clause 10.1;
  • use anonymised and aggregated data generated by the operation of the Software (without reference to the Licensee or the Target Resource) to develop the Software, compile statistics, train machine-learning models and for marketing;
  • engage third parties to provide the technical operation of the Software (hosting providers, cloud-infrastructure providers, payment service providers and the like) without separate consent of the Licensee.

10.3. The Licensee shall:

  • provide accurate information on registration and keep it up to date;
  • complete DNS Verification before starting a Scan;
  • use the Software solely for lawful purposes and in respect of Target Resources for which it has lawful grounds;
  • pay the licence fee in a timely manner in accordance with the selected Tariff;
  • comply with the restrictions set out in Clause 3.2;
  • bear, at its own expense, the costs of remediating any vulnerabilities identified by the Software.

10.4. The Licensee may:

  • use the Software by the methods and within the scope provided by this Agreement and the selected Tariff;
  • request early deletion of data generated during Use of the Software (except for information that must be retained by law);
  • terminate this Agreement in the manner set out in Clause 17.

11. Functional Characteristics and Limitations

11.1 The Software is provided on an “as is” basis, subject to the limitations expressly set out in this Agreement. To the fullest extent permitted by law, the Licensor disclaims all implied warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. The Licensor does not warrant that the Software will detect all vulnerabilities of the Target Resource. Complete (100%) coverage is objectively unattainable in automated and manual security testing.

11.2 The Report reflects the security posture of the Target Resource as at the moment of the Scan. The emergence of new vulnerabilities after completion of the Scan (as a result of changes to the Target Resource, the appearance of new classes of vulnerabilities and so on) is not a functional characteristic of the Software.

11.3 The Report is not an expert opinion of any governmental authority, has no force of a conclusion of an accredited certification body, and does not replace any certification, attestation or accreditation of information systems. Neither the Software nor any Report constitutes a regulated security, audit, testing or certification service, and nothing in this Agreement is to be construed as the Licensor holding itself out as a licensed or accredited security-services provider in any jurisdiction. The Licensee is solely responsible for determining whether the use of automated security self-assessment tools, or the possession or use of any Report, is subject to any licensing, certification, accreditation, registration, notification or other regulatory requirement under the laws of the jurisdiction in which the Licensee is established or in which the Target Resource is located or hosted, and for satisfying any such requirement at its own cost. The Licensee must not use the Software where doing so would require the Licensor or the Licensee to hold any licence, permit or accreditation that it does not hold. The Licensee's obligations under Clause 7 and its indemnity under Clauses 7.4 and 12.4 extend to any breach of this Clause 11.3.

11.4 The Licensor gives the Licensee no warranty as to the suitability of the Software for achieving any commercial, regulatory or other result; the Licensee independently assesses the applicability of the Software to its tasks.

11.5 The Licensor does not provide the Licensee with any services of security auditing, penetration testing, expert examination, consulting or any other services. The security assessment of the Target Resource is performed by the Software automatically as a result of the Licensee's Use of it. The Report is the output of the operation of the Software and not the result of any intellectual or other activity or service (work) of the Licensor.

12. Liability

12.1 The Parties are liable for breach of this Agreement in accordance with applicable law, subject to the limitations set out in this Clause.

12.2 To the fullest extent permitted by law, the aggregate liability of the Licensor under or in connection with this Agreement (whether in contract, tort (including negligence), breach of statutory duty or otherwise), including without limitation claims for damages, penalties or fines, is limited to the greater of: (a) the total amount of the licence fees actually paid by the Licensee under this Agreement during the 12 (twelve) months preceding the event giving rise to the claim; and (b) USD 100. This limitation reflects a deliberate and reasonable allocation of risk between the Parties, having regard to the nature of the Software, the self-service model of Use, the level of the licence fees (which are set on the basis that the Licensor's liability is so limited and would be materially higher absent this limitation), the Licensee's own control over the Target Resources and the conduct of each Scan, and the availability to the Licensee of insurance in respect of the relevant risks. The aggregate limitation in this Clause 12.2 applies to the Licensor and, in aggregate, to all Licensor Indemnified Persons taken together, so that the amount stated is the maximum aggregate liability of all of them combined. The Licensee acknowledges that it has had the opportunity to review this limitation and to obtain independent legal advice.

12.3 The Licensor is not liable for:

  • the Licensee's loss of profit or any other indirect losses, including reputational harm or costs of restoring business reputation;
  • unavailability, slowdown or other incorrect functioning of the Target Resource caused by any vulnerabilities in it, including those that manifest during a Scan;
  • the actions of third parties who use information from a Report where its leakage occurred on the Licensee's side or through use of its Credentials;
  • harm caused to the Licensee or third parties as a result of the exploitation of vulnerabilities before a Scan is carried out or after it is completed;
  • the inaccuracy of representations and warranties given by the Licensee;
  • breaches committed by the Licensee in using the Software, including use of the Software in respect of resources for which it had no lawful grounds;
  • harm arising from the acts or omissions of hosting providers, telecommunications operators, infrastructure providers and other third parties.

12.4 In the event of breach by the Licensee of the representations and warranties set out herein, the Licensee shall indemnify each of the Licensor Indemnified Persons in full for all losses, fines, judicial and administrative costs and expenses of legal assistance incurred in connection with such breach, and shall hold each of them harmless against any claims connected with such breach.

12.5 Any claim of the Licensee connected with the operation of the Software must be submitted to the Licensor in writing within 30 (thirty) calendar days from the moment the Report is provided. After that period, claims are not accepted, except where a longer period is required by law and cannot be varied by agreement of the parties. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law.

12.6 The limitations and exclusions in Clauses 12.2 and 12.3 are intended to operate to the maximum extent permitted by law and are severable. If any such limitation or exclusion is held to be unreasonable, void or unenforceable in whole or in part, it shall be deemed modified only to the minimum extent necessary to make it valid and enforceable, and the remaining limitations and exclusions shall continue in full force. In particular, if the limit in Clause 12.2 is held unenforceable, the Licensor's aggregate liability shall instead be limited to the highest amount, at successively higher levels, that is held to be reasonable and enforceable.

13. Confidentiality

13.1 The Parties undertake to maintain the confidentiality of information that becomes known to them in connection with the performance of this Agreement and not to disclose it to third parties without the written consent of the other Party, except in cases expressly provided by law or this Agreement.

13.2 Confidential information includes, in particular: the contents of Reports; information about Target Resources; information about the Licensee's infrastructure that becomes known during the operation of the Software; and commercial, financial and technical information about the Parties.

13.3 It is not a breach of confidentiality to disclose information that: is publicly available at the time of disclosure through no fault of the disclosing Party; was received from third parties without any obligation of confidentiality; is disclosed in response to mandatory requirements of governmental authorities in the manner prescribed by law; or is anonymised and aggregated information used by the Licensor in accordance with Clause 10.2.

13.4 The Licensor applies organisational and technical protection measures, including encryption of data at rest and in transit, access control and logging of personnel actions.

14. Processing of Personal Data

14.1 By accepting this Agreement, the Licensee acknowledges that the Licensor processes personal data in the manner and on the terms set out in the Privacy Policy published on the Website. The Licensee confirms that it has read the Privacy Policy before accepting this Agreement.

14.2 If the Licensee provides the Licensor with the personal data of third parties (contact persons of the organisation, representatives and the like), the Licensee warrants that it has obtained the necessary consents of such data subjects or has other lawful grounds for providing them.

14.3 The Licensee may withdraw any consent to the processing of personal data in the manner set out in the Privacy Policy. Withdrawal of consent may make further use of the Software impossible.

15. Intellectual Property Rights

15.1 The exclusive rights in the Software, its components, program code, design, interfaces, databases, documentation, trade marks and other means of individualisation belong to the Licensor or to the Licensor's licensors.

15.2 This Agreement does not transfer to the Licensee any exclusive right in the Software or in any derivative works of it.

15.3 The Licensor may use the name, logo and a brief description of the Licensee's project in marketing materials, indicating the fact of Use of the Software, only after obtaining the written consent of the Licensee. Publication of Reports or parts of them in the public domain without the written consent of the Licensee is not permitted.

16. Force Majeure

16.1 The Parties are released from liability for non-performance or improper performance of obligations under this Agreement if such non-performance is the result of force majeure circumstances, including: natural disasters, hostilities, acts of governmental authorities materially changing the conditions of activity; large-scale failures of public telecommunications networks and Internet infrastructure; and computer attacks on the infrastructure of the Licensor or its counterparties that are of a force-majeure nature.

16.2 The Party affected by force majeure circumstances must notify the other Party within a reasonable time.

17. Amendment and Termination

17.1 The Licensee may at any time withdraw from this Agreement by ceasing to use the Software and sending the Licensor a notice through the Personal Account or to the Licensor's email address.

17.2 The consequences of withdrawal and refunds of the licence fee are governed by the Refund Policy published on the Website.

17.3 The Licensor may, unilaterally and without recourse to court, withdraw from this Agreement in the event of: breach by the Licensee of any term of this Agreement; non-payment of the licence fee; detection of signs of fraudulent activity; or receipt of a reasoned third-party complaint alleging infringement of its rights through the Licensee's use of the Software. In such cases the licence fee is not refundable.

18. Governing Law and Dispute Resolution

18.1 This Agreement is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

18.2 The Parties shall seek to resolve all disputes and disagreements arising in connection with this Agreement through negotiations. A mandatory pre-arbitration claim procedure applies; the period for consideration of a claim is 30 (thirty) calendar days from the date of its receipt by the addressee.

18.3 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, that is not resolved by negotiation shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The language of the arbitration shall be English.

19. Final Provisions

19.1 This Agreement is published and available to the public on the Licensor's Website.

19.2 The Licensor may unilaterally amend this Agreement. Continued use of the Software after a new version takes effect signifies the Licensee's agreement to its terms.

19.3 If any provision of this Agreement is held to be invalid, this does not affect the validity of the remaining provisions.

19.4 The Parties recognise the legal force of documents and communications sent through the Personal Account and by email.

19.5 This Agreement is drawn up in the English language, which prevails in all respects.

20. Licensor's Details

BackDoor Security Limited

Business Registration No.: 80651887

Registered office: Room 76, Unit 3, 2/F, Lai Cheong Fty. Building, 479 Castle Peak Road, Cheung Sha Wan, Hong Kong

Website: https://backdoor.tech

Email: [email protected]