Terms and Conditions of Use – Hybrid Analysis

ATTENTION - THESE TERMS AND CONDITIONS OF USE (THE "TERMS") GOVERN YOUR ACCESS TO AND USE OF HTTPS://WWW.HYBRID-ANALYSIS.COM AND OUR MALWARE ANALYSIS SERVICE ("SERVICE"). THIS IS A LEGAL AGREEMENT BETWEEN YOU OR THE LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACTING (IN EITHER CASE, “YOU”) AND HYBRID ANALYSIS GMBH, A GERMAN LIMITED LIABILITY COMPANY WITH A REGISTERED OFFICE AT MAINZER LANDSTRASSE 41, C/O CITCO DEUTSCHLAND GMBH, 60329 FRANKFURT AM MAIN ("HYBRID ANALYSIS", “OUR”, “US” OR “WE”). BY USING THE SERVICE AND/OR SUBMITTING OR ACCESSING ANY INFORMATION, TEXT, GRAPHICS, URLS, FILES, AUDIO, VIDEO, PHOTOS, COMMENTS, QUERIES, YARA RULES, PARTNER DATA, REPORTS OR OTHER MATERIALS UPLOADED, DOWNLOADED OR APPEARING ON THE SERVICE ("CONTENT"), YOU AGREE ON BEHALF OF YOURSELF AND/OR THE BUSINESS YOU REPRESENT TO BE BOUND BY AND FULLY COMPLY WITH THESE TERMS. IF YOU ARE USING THE SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS.

DO NOT USE THE SERVICE OR ACCESS CONTENT IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

1. Service and Use of Service

Hybrid Analysis uses proprietary technology and aggregated results of data from our partners, all of which is designed to detect unknown and undiscovered Malware.

You understand that Content may contain malicious and extremely damaging software or URLs linking to such software, including but not limited to computer viruses, worms, trojan horses, ransomware, spyware, adware, scareware, and other malicious programs, code, or indicators such as DNS indicators (collectively, “Malware”). You agree not to use any such Malware for malicious purposes. You represent that you have the requisite skill to safely handle Malware.

You agree to use the Service and the Content solely for your internal business security purposes and/or legitimate research purposes. You shall not use the Service or Content: (i) for any unlawful or malicious purposes; (ii) in a manner prohibited by these Terms; (iii) in a manner that infringes the rights of Hybrid Analysis or any third party rights, including intellectual property or privacy rights; (iv) to illicitly or fraudulently obtain or use Content; or (v) in any way that could hinder the antivirus industry/URL scanner industry.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

If you learn or reasonably suspect that any person or entity is using the Service or Content for unlawful or malicious purposes, to harm the integrity or performance of the platform, or otherwise in violation of these Terms, you must immediately notify us at security@hybrid-analysis.com.

2. Contributed Content

By submitting, providing, or making available Content to us in connection with the Services or otherwise, including, without limitation through a data partnership agreement (“Contributed Content”), you grant Hybrid Analysis and its affiliates and parent a non-exclusive, worldwide, royalty-free, irrevocable, fully paid up, transferable, sublicensable license to use, edit, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute the Contributed Content, including but not limited to, in free or paid offerings such as Malware databases and Reports.

You acknowledge that Hybrid Analysis analyses and may publish and share Contributed Content to provide a cybersecurity community resource.

YOU AGREE THAT YOU WILL ONLY PROVIDE CONTRIBUTED CONTENT THAT YOU WISH TO PUBLICLY SHARE AND THAT IN ANY CASE, YOU WILL NOT PROVIDE ANY CONTRIBUTED CONTENT THAT IS OR CONTAINS: (I) UNLAWFUL, PORNOGRAPHIC, OR ILLICIT MATERIAL; (II) INFORMATION THAT IS CONFIDENTIAL OR PROPRIETARY TO YOU OR A THIRD-PARTY; OR (III) THE PERSONAL DATA OR INFORMATION OF ANY INDIVIDUAL THAT YOU DO NOT HAVE THE LAWFUL PERMISSION TO PROVIDE.

IF YOU DO NOT WANT TO PUBLICLY SHARE CONTRIBUTED CONTENT IN THE MANNER SET OUT IN THESE TERMS, DO NOT SUBMIT OR PROVIDE IT TO THE SERVICE AS THE SERVICE IS DESIGNED TO AGGREGATE AND SHARE THREAT INTELLIGENCE WITH THE PUBLIC.

YOU ARE WHOLLY LIABLE FOR THE CONTRIBUTED CONTENT THAT YOU SUBMIT AND ALL USE THEREOF, AND WE SHALL HAVE NO LIABILITY FOR SUCH CONTRIBUTED CONTENT OR USE.

You agree that you will notify Hybrid Analysis at IPNotices@hybrid-analysis.com immediately upon learning, or otherwise having reason to believe: (i) that a third party’s rights to Contributed Content that you have contributed have been violated; that Content in the Service is infringing your copyright or other intellectual property rights; or (ii) there are other applicable legal concerns regarding the Service or any Content.

We reserve the right to remove any Contributed Content without prior notice and at our sole discretion.

You agree that the Malware analysis shall be conducted in Hybrid Analysis’s sole and absolute discretion.

3. Ownership and Use Rights

All right, title, and interest in and to the Service are and will remain the exclusive property of Hybrid Analysis and its licensors. Nothing in these Terms should be construed as conferring by implication or otherwise any license or right under any copyright, patent, trademark (including our logos and domain names), or other intellectual property or proprietary interest of Hybrid Analysis, its licensors or any third party.

The analyses, reports, results and other output compiled and generated by Hybrid Analysis or its partners in connection with the Service, including, without limitation, our analysis of your Contributed Content (collectively, “Report”), is exclusively owned by Hybrid Analysis, and to the extent permissible is the copyrighted work of Hybrid Analysis.

Subject to these Terms, Hybrid Analysis grants to you (and your employees and agents acting on your behalf and for the purpose below) a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Service, Content, and Reports in accordance with these Terms and any other applicable documentation, solely for your internal business security or legitimate research purposes.

The license granted above does not grant to you any right to, and you shall not, use the Service, Content, or Reports for commercial purposes or for the benefit of any third party, including, without limitation, to provide any security advisory service or product to a third party or in the development of any other product or service.

4. Warranties and Disclaimers

YOU REPRESENT AND WARRANT THAT YOU OWN, OR HAVE A RIGHT OF USE FROM A THIRD PARTY, THE CONTRIBUTED CONTENT THAT YOU PROVIDE. WITHOUT LIMITING THE FOREGOING, YOU REPRESENT AND WARRANT THAT THE CONTRIBUTED CONTENT YOU PROVIDE DOES NOT: (I) CONTAIN ANY PERSONAL DATA FOR WHICH YOU HAVE NOT OBTAINED EXPLICIT CONSENT FROM THE INDIVIDUAL TO WHOM SUCH PERSONAL DATA BELONGS; AND (II) CONTAIN ANY CONFIDENTIAL OR PROPRIETARY INFORMATION (INCLUDING WITHOUT LIMITATION ANY TRADE SECRET INFORMATION) FOR WHICH YOU DO NOT HAVE A LAWFUL BASIS TO SHARE.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HYBRID ANALYSIS, ITS PARENT, AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Hybrid Analysis does not assure that a Report will be generated for each file in the Contributed Content or that it will complete any analysis within any particular time frame or at all. Hybrid Analysis does not assure any uptime for the Service. Hybrid Analysis does not assure that the Report will be accurate or that Hybrid Analysis will detect any malicious behavior. HYBRID ANALYSIS DOES NOT ASSURE THAT THE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE.

5. Limitation of Liability

HYBRID ANALYSIS, ITS PARENT, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY LOSS OR DAMAGE RELATED TO THE UNLAWFUL USE AND/OR IMPROPER USE OR INABILITY TO USE THE SERVICE OR (II) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (e.g. SYSTEM FAILURE, CIVIL OR CRIMINAL FINES OR SANCTIONS, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA).

HYBRID ANALYSIS SHALL BE LIABLE WITHOUT LIMITATION FOR DAMAGES RESULTING FROM WILLFUL MISCONDUCT, GROSS NEGLIGENCE, INJURY TO BODY, LIFE, AND HEALTH AS WELL AS ACCORDING TO THE PROVISIONS OF THE GERMAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ).

APART FROM THAT, HYBRID ANALYSIS´S LIABILITY (INCLUDING THE LIABILITY OF HYBRID ANALYSIS’S AFFILIATES, PARENT OR SUPPLIERS) IS EXCLUDED FOR ORDINARY NEGLIGENCE UNLESS IT IS A MATTER OF PERSONAL PROPERTY DAMAGE OR PERSONAL INJURY TO BODY, LIFE OR HEALTH OR VIOLATION OF SIGNIFICANT CONTRACTUAL OBLIGATIONS. SIGNIFICANT CONTRACTUAL OBLIGATIONS ARE DUTIES WHICH ARE ESSENTIAL FOR THE ACHIEVEMENT OF THE PURPOSE OF THE CONTRACT OR WHICH MAKE POSSIBLE THE PROPER PERFORMANCE OF THE AGREEMENT AND ON WHICH THE CUSTOMER REGULARLY RELIES AND MAY RELY. IN THESE CASES HYBRID ANALYSIS’S LIABILITY (INCLUDING THE LIABILITY OF HYBRID ANALYSIS’S AFFILIATES, PARENT OR SUPPLIERS) SHALL BE LIMITED TO THE TYPICAL FORESEEABLE DAMAGE FOR THE KIND OF BUSINESS IN QUESTION.

THERE SHALL BE NO FURTHER LIABILITY OF HYBRID ANALYSIS OR ITS AFFILIATES, PARENT OR SUPPLIERS, ESPECIALLY NO LIABILITY WITHOUT FAULTS FOR INITIAL DEFECTS. ALSO HYBRID ANALYSIS, ITS AFFILIATES, PARENT OR SUPPLIERS SHALL NOT BE LIABLE FOR LOSS OF PROFIT AND FINANCIAL LOSSES.

THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE IF OBLIGATORY LEGAL PROVISIONS E.G. LIABILITY FOR INTENTIONAL MISCONDUCT AND WANTON NEGLIGENCE ARE OPPOSED TO THEM.

THE ABOVE LIMITATIONS OF LIABILITY SHALL APPLY ALSO TO THE PERSONAL LIABILITY OF THE EMPLOYEES, AGENTS OF HYBRID ANALYSIS, ITS PARENT, AFFILIATES AND SUPPLIERS.

THE STATUTE OF LIMITATION REGARDING CLAIMS FOR DAMAGE REIMBURSEMENTS IS ONE (1) YEAR STARTING FROM THE BEGINNING OF THE STATUTORY LIMITATION PERIOD.

6. Indemnity

You agree to release, indemnify, defend and hold Hybrid Analysis and its parent, subsidiaries, affiliates, employees, officers, directors, stockholders, agents, developers, licensors, successors and assigns (the “Indemnified Parties”) from all liabilities, claims, demands, lawsuits, judgments, damages, costs and expenses, including reasonable attorneys' fees and court costs, made by any third party against the Indemnified Parties due to or arising out of your violation of these Terms or with regard to your Contributed Content.

7. Personal Information Processing

By submitting, providing, or making available Content, Hybrid Analysis might process information that is treated as personal data under applicable data protection laws (“Personal Data”). In this event, you acknowledge that you have appropriate authorization and permission to submit, provide, or make available such Content for further Processing (means any operation which is performed on Personal Data such as recording, organisation, structuring, storage, use, disclosure by transmission, dissemination or otherwise making available, combination, restriction, or erasure) consistent with these Terms.

8. Governing Law and Jurisdiction

These Terms shall be governed by, and interpreted in accordance with German law, without the provisions on the conflict of laws. The UN Convention on the International Sale of Goods (CSIG) shall not apply. Also, Hybrid Analysis will not participate in dispute resolution before a consumer conciliation board pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG) and is also under no obligation to do so. The courts of Frankfurt am Main, Germany, shall be the exclusive place of jurisdiction.

9. Severability Clause

The invalidity of one or more terms of these Terms shall not affect the validity of the remaining terms.

10. Viruses, Hacking and Other Offenses

You must not misuse the Service, Content or Reports. You must not attempt to gain unauthorized access to the Service, our website, the servers on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material or that of any parties affected by your actions due to your access to or use of the Service, Content or Reports or any third party content or websites.

11. Force Majeure

Neither Hybrid Analysis nor its parent, affiliates or suppliers is responsible for any failure, interruption or delay in the operation of the Service or performance of its obligations hereunder due to technology or communications failure, earthquake, flood, fire, storm, natural disaster, act of the public enemy, war, whether declared or not, armed conflict, civil rebellion, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, government or statutory restriction or from other similar causes or any other causes whether or not of the same class or kind as those specifically above named.

12. Amendments

These Terms shall replace and invalidate all earlier Terms and Conditions of Use regarding your use of the Service and Content. If we update these Terms and Conditions of Use, we will provide the updated version with the revision date here on our website.

13. Notices

All notices, demands or requests to Hybrid Analysis with respect to these Terms shall be made electronically to: support@hybrid-analysis.com.

Terms and Conditions of Use Effective Date: March 18, 2024