DARKHORSE TERMS AND CONDITIONS

Welcome to DarkHorse. By accessing and/or using this website, you agree to comply with and be bound by these Terms and Conditions (the "Terms and Conditions"). If you do not agree with these Terms and Conditions, please do not use our Site.

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, darkhorse.sh, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by DARK HORSE SECURITY LLC. 

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and DARK HORSE SECURITY LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them. 

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website. 

The last update to our Terms of Use was posted on 19 July 2024. 

Definitions

The terms “us” or “we” or “our” refers to Dark Horse Security LLC (“DarkHorse”), the owner of the Website.

A “Visitor” is someone who merely browses our Website but has not registered as Client or Tester.

A “Client” is an individual that has registered with us to use our Service.

A “Tester” is an individual or service provider that has registered with us to evaluate the security, functionality, or performance of certain entities, who has obtained a tester username from our Website. Testers are independent contractors of Dark Horse Security LLC who may perform Testing Services or other Services from time to time.

A “Engagement Summary” or “Program Summary” is a set of guidelines related to a particular Crowdsourced Security Program providing relevant information and scope regarding the program, including, for example, the requirements, specifications, rewards, and any additional applicable terms.

Our “Service” represents the collective functionality and features as offered through our Website to our Clients (whether or not such Clients are Visitors, Testers or other Users). Services include, but are not limited to, vulnerability disclosure programs (VDPs), penetration testing, and bug bounties performed by Testers pursuant to Crowdsourced Security Programs ordered by Dark Horse Security LLC Clients (“Testing Services”).

A “User” is a collective identifier that refers to either a Visitor, Tester, or a Client.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

Limited License
Dark Horse Security LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Dark Horse Security LLC that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Any other use is a violation of this license and will result in the revocation of your access and/or membership.

Additionally, you may not create derivative works, copy, redistribute, or otherwise use the services of DarkHorse as if they were your own or for another party (e.g. you may not purchase our services and then sell them to someone else, nor may you obtain a contract to perform services for someone else, and then use our platform to fulfill those services. Furthermore, you may not create any likeness or similarity that would lead another to believe that our platform is yours).

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Dark Horse Security LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Client account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

 

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Copyright Complaints
Misappropriating intellectual property of another individual without consent, is a crime. We ask that users refrain from engaging in such activities. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible at our Website in a way that constitutes copyright infringement, or that our Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512.

You may direct notice of claims of copyright infringement on or regarding this Website to the following:

BY E-MAIL: info[at]darkhorse.sh
BY MAIL: DARK HORSE SECURITY LLC, 3385 Bass Lake Rd, Ste 140 #1101, El Dorado Hills, CA 95762

Repeat infringers will be blocked from accessing the Website.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Dark Horse Security LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Warranty Disclaimer
Dark Horse Security LLC reserves the right to change any and all Content and features of our Website, at any time without notice. While our website is currently free to access, certain services or levels of access require payment or an agreement to provide payment in the future. We may begin charging for use of all or part of the website’s features at any time, without giving notice to you. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. Dark Horse Security LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Client Content. Dark Horse Security LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will Dark Horse Security LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.

OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DARK HORSE, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. DARK HORSE SECURITY LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. DARK HORSE SECURITY LLC DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DARK HORSE SECURITY LLC. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability
Dark Horse Security LLC and all our affiliates shall not be held  liable for any and all damages, including but not limited to the following: loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website. Further, Dark Horse Security LLC is not liable for any damages arising from the inability to use our Website.

 

DARK HORSE SECURITY LLC AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. DARK HORSE SECURITY LLC AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.

IN NO EVENT WILL DARK HORSE SECURITY LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF DARK HORSE SECURITY LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DARK HORSE SECURITY LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.

Eligibility
By utilizing our Website you agree that you are not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, or other economic sanction rules of any sovereign nation.

Passwords and Security
You may need to set up an account in order to use some of the features of the Website. You may not use a third party’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Website. You may create more than one account depending on your needs for use and access. You have complete responsibility for your account(s) and everything that happens on such account(s). This means you need to be careful with your login credentials such as your passwords. If you find out that someone is using your account(s) without your permission, you must let us know immediately. You may not transfer your account(s) to someone else. We are not liable for any damages or losses caused by someone using your account(s) without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be held liable.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in California, USA, and shall be governed by and construed in accordance with the laws of California, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. In the event of a conflict within the Legal Terms, the order of precedence shall be, in order of highest priority to lowest priority: any Bounty Brief, the Tester Terms and Conditions, these Terms of Service, the Privacy Policy and then any other terms that comprise the Legal Terms. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Dark Horse Security LLC under our Legal Terms shall survive the termination of our Legal Terms.

ACCEPTABLE USE POLICY

Acceptance of Terms

By accessing the Site, you agree to these Terms and Conditions and our Privacy Policy. These Terms and Conditions may be modified at any time upon notice to Clients and/or Users as applicable. If user does not object in writing to such changes and continues to use the Services after Dark Horse Security LLC has modified the Terms, User’s continued use of the Website constitutes acceptance of such modifications and shall be subject to all obligations presented by the new terms and conditions. This acceptable use policy ("Policy") sets forth the general guidelines and acceptable and prohibited uses of the darkhorse.sh website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Policy is a legally binding agreement between you ("User", "you" or "your") and Dark Horse Security LLC ("Dark Horse", "we", "us" or "our"). By accessing and using the Website and or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Dark Horse Security LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Use of the Site

Eligibility: You must be at least 18 years old to use the Site. Additional eligibility requirements apply to Tester per the Tester Code of Conduct and Tester Terms below.

Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Prohibited Conduct: You agree not to use the Website for any unlawful purpose, or any purpose prohibited by these Terms and Conditions.

Warranties: You understand that, except for information, products or services clearly identified as being supplied by Dark Horse Security LLC, Dark Horse Security LLC does not operate, control, or endorse any information, products or services on the Internet in any way. Except for Dark Horse Security LLC – identified information, products or services, all information, products, and services offered through the Website or on the Internet generally are offered by third parties, that are not affiliated with Dark Horse Security LLC. You also understand that Dark Horse Security LLC cannot and does not guarantee or warrant that file available for downloading through the Website will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Website AND THE INTERNET. DARK HORSE SECURITY LLC PROVIDES THE Website AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON- INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DARK HORSE SECURITY LLC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. DARK HORSE SECURITY LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THIS Website HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Intellectual Property

Any and all content on the Site, including but not limited to text, graphics, logos, images, coding, and proprietary information is the property of Dark Horse Security LLC and is protected by intellectual property laws. Any and all unpermitted uses of the aforementioned content is strictly prohibited by the terms of this agreement and applicable laws. 

Indemnification

Except as prohibited by applicable California law, you agree to defend, indemnify and hold Dark Horse Security LLC and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Platform or the Internet or your purchases or the placement or transmission of any message or information on this Platform by you or your authorized users or your violation of any law or the rights of a third party. 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Dark Horse Security LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

 

Client Usage

All terms listed and applicable to general users of the Website are also applicable to clients. By using the Site, you agree to uphold the general terms of the Website as well as the following additional terms:

CLIENT ACCOUNTS

Clients must create an account to access certain features of the Site. All information provided must be accurate and updated promptly.

Service Agreement

Clients must agree to enter into the following separate service agreement with Dark Horse Security LLC which outlines the scope of services, fees, and other terms specific to the client relationship:

 

Testers and Clients

Testers are not employees or agents of DarkHorse, and DarkHorse is not liable for any damage or harm resulting from interactions with other Users (including Testers or Clients), whether through the Services or otherwise. Both Clients and Testers engage with eachother of their own volition and free will. The decision to engage with any other User is at the User’s own risk.

DarkHorse makes no guarantees around the completeness or accuracy of Tester Reports. The Client assumes all risk when using or relying on Tester Reports. DarkHorse is not responsible for any errors or omissions in any Tester Report, nor for any loss or damage incurred from using such Reports.

Clients are also independent entities that are completely and wholly separate from DarkHorse. DarkHorse is not responsible for the actions of Clients, nor is it responsible for the actions of Testers. Each party is responsible for their own actions, especially in relation to interacting with eachother. In the event of conflict, it is DarkHorse’s expectation that the Client and Tester work to resolve the conflict – though DarkHorse will offer to mediate, if we believe it to be helpful – but cannot guarantee an outcome. In the event either party (Client or Tester) believes to be aggrieved by the other, you agree here that the extent of your claim is limited to the other party, and will not seek to impose any liability on DarkHorse.

 

                        While the Code of Conduct is generally written for Testers, it also applies to clients and all users of DarkHorse, in any capacity.

Transfer of Funds Related to the Services

In accordance with the Engagement and Engagement Summary, a Client may grant Rewards to other Testers who participate in the Client’s Programs or submit Reports that meet the User's criteria. As part of the Services, and subject to any regulatory or legal requirements, DarkHorse will facilitate payments through third-party payment providers to the Users in line with the Program Policy and DarkHorse company policy. This is subject to: (i) DarkHorse’s prior receipt of full Reward funds from the Client; (ii) completion by the Tester of any required KYC/AML procedures; (iii) completion of tax documentation by the receiving Tester; and (iv) successful regulatory compliance screening of the receiving Tester, including but not limited to checks against the U.S. Office of Foreign Assets Control (OFAC) sanctions list. DarkHorse is not responsible for payment delays beyond its control or for processing any Reward that is not a monetary payment unless otherwise specified in an Order Form or agreed to in writing by DarkHorse.

The Client acknowledges and agrees that Testers have designated DarkHorse as their agent to receive monetary Rewards on their behalf. When the Client transfers monetary Rewards to DarkHorse for services provided by Testers, the Client acknowledges that they are receiving a service from the Testers and intends for their payment to DarkHorse to be passed on to those Testers to fulfill any Reward obligations for the Client’s benefit.

Fees

The User bears responsibility for any and all duties, customs fees, or taxes arising from the use of the Services, including withholding taxes related to the classification of the Services provided, but excluding any taxes imposed on DarkHorse's income by the United States. Should Applicable Law mandate that the User withhold any amount from the DarkHorse Fees outlined in the Order Form, the User will pay DarkHorse the full amount of those Fees as if no withholding were necessary. Additionally, the User will remit the withheld amount to the relevant governmental authorities and provide DarkHorse with proof of payment. YOU ARE SOLELY RESPONSIBLE FOR PAYING ANY AND ALL TAXES RELATED TO THE USE OF DARKHORSE’S SERVICES. DARKHORSE IS NOT LIABLE FOR ANY ASPECT OF A PROGRAM, INCLUDING ANY ERRORS OR OMISSIONS IN THE PROGRAM POLICY, OR ANY LOSS OR DAMAGE INCURRED FROM RELYING ON ANY PROGRAM POLICY.

Confidentiality

DarkHorse grants the Client a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to access and view the content and other DarkHorse Property (including Output) available on the Services solely in connection with the Client’s permitted use of the DarkHorse Platform and Services.

Additionally, DarkHorse grants the Client a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to access and view Tester Reports available through the DarkHorse Platform and Services, strictly for the Client’s permitted use of the DarkHorse Platform and Services. Subject to DarkHorse’s ownership of any DarkHorse Property contained therein, the Client will own all rights, titles, and interests in each Client Report. DarkHorse grants the Client a non-exclusive, non-transferable, perpetual, worldwide license to access, use, and reproduce any DarkHorse Property included in each Client Report.

By using any DarkHorse services, the Client grants DarkHorse a non-exclusive, non-transferable, sublicensable, worldwide, royalty-free license to access, use, copy, reproduce, display, modify, adapt, transmit, and distribute any and all data that is input into the platform by Clients or Testers (typically such information would be used to deliver or improve DarkHorse services / delivery). DarkHorse has no obligation to maintain or provide any Client data after the Term.

Clients and Testers agree to keep any and all proprietary information relating to DarkHorse, including but not limited to, confidential information, documents, and data, without limitation, obtained through the Website or any third-party confidential and not to disclose such information to any third party without the prior written consent of Dark Horse Security LLC, except that Information may be disclosed (i) to the extent requested by any regulatory authority with competent jurisdiction over it or its Affiliates (including any self-regulatory authority), and (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (provided that, except in the case of any ordinary course examination by a regulatory, self-regulatory or governmental agency, it will use its commercially reasonable efforts to notify of any such disclosure prior to making such disclosure to the extent permitted by applicable law, rule or regulation).

Termination

If an Order Form does not explicitly state that DarkHorse will manage a Client’s Programs, then the Client is solely accountable for managing their Programs through the Services. In case of any conflict between a Client’s Engagement Summary and DarkHorse’s guidelines / Code of Conduct, the Client’s Policy will take precedence.

DarkHorse retains the right to reject a Program if it has reasonable objections to the Program or its Policy. If this occurs, DarkHorse will inform the User via email or other available contact methods, outlining its objections and working with the User to address them. Additionally, if a Program becomes inactive or unattended, DarkHorse reserves the right to remove or disable access to the Program Material and/or pause User Submissions if the User does not respond to a written notice (email) within ten (10) business days.

While DarkHorse may assist Users in preparing Program Material, Users are ultimately responsible for their own Program Material. DARKHORSE RESERVES THE RIGHT TO REJECT ANY USER PROGRAMS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO LACK OF RESPONSIVENESS.

TESTER USAGE

All terms listed and applicable to general users of the Website are also applicable to testers. By using the Site, you agree to uphold the general terms of the Website as well as the following additional terms:

Tester Accounts

 

Intellectual Property and Licensing

DarkHorse does not assert any ownership over Engagement Material or Tester Reports. DarkHorse and its licensors retain exclusive ownership of all rights, titles, and interests in DarkHorse Property.

When a User makes User Data available through the Services, they grant DarkHorse a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, modify, adapt, transmit, and distribute such User Data. DarkHorse is not obligated to maintain or provide any User Data after the Term.

Warranty

DarkHorse warrants that the DarkHorse Platform and Services provided to a User will be as described in an applicable Order Form or as mutually agreed upon, by qualified personnel in a professional manner, and will materially comply with the documentation and content made available by DarkHorse. To claim a breach of this warranty, a User must notify DarkHorse of the non-compliance within thirty (30) days, specifying the details. If timely notified, DarkHorse will, at its expense, re-perform the non-compliant portion of the Services or use commercially reasonable efforts to correct the non-compliance within thirty (30) days of receiving the notice.

U.S. Government Procurement Regulations

The Service is a "commercial" offering as defined in FAR Section 2.101 (defining "commercial items") and DFAR Section 227.704(a)(1) (defining "commercial computer software").

Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING ARE EXPRESSLY DISCLAIMED. DARKHORSE DOES NOT GUARANTEE THAT THE SERVICES OR OUTPUTS WILL MEET A USER’S SPECIFIC REQUIREMENTS OR BE AVAILABLE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Trade Controls

The User will not use the Service in violation of export control laws or regulations or economic sanctions laws or regulations imposed, administered, or enforced by the U.S., the UK, the EU, or any other relevant jurisdiction.

If DarkHorse has material reasons to believe that the activities of the User and/or its Affiliates are restricted under the laws and regulations outlined above, DarkHorse reserves the right to terminate access to the DarkHorse Platform and Services at its sole discretion and with immediate effect.

Code of Conduct, General Tester Expectations, & Penetration Tester Expectations

Your access and use of our Platform as a Tester is subject to the above terms and conditions, as well as our Code of Conduct, General Tester Expectations, & Penetration Tester Expectations (“Code of Conduct”). Our Code of Conduct explains unacceptable behavior, infractions, and enforcement, and is incorporated into these Terms and Conditions. Please read our Testers Code of Conduct at /codeOfConduct. 

User Data

DarkHorse does not assert any proprietary rights over User Data retained or presented to the Website. However, you acknowledge and agree that DarkHorse may collect and utilize statistical and other information related to User Data for its benefit at any time. Unless otherwise agreed in writing, DarkHorse and its licensors exclusively own all rights, titles, and interests in the Services and their content, including all intellectual property rights. The Services and DarkHorse content are protected by the copyright, trademark, and other laws of the United States and foreign countries.

By making any User Data available through the using the platform, you hereby grant to DarkHorse a perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, modify, adapt, transmit, and distribute copies of that Data.

DarkHorse hereby grants to you a revocable, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use the DarkHorse Platform and access and view the content that DarkHorse makes available on the DarkHorse Platform solely in connection with your permitted use of the DarkHorse Platform. DarkHorse may change or discontinue all or any part of the DarkHorse Platform, including your access to it, at DarkHorse's sole discretion.

 

Rewards

Testers may be eligible to receive Rewards for submitting Tester Reports to a specific Program or Engagement, provided that the reports meet the Client’s criteria as outlined in the Engagement Summary. DarkHorse will handle monetary Reward payments on behalf of the Client and will generally send the Reward to the Tester within ten (10) business days after receiving the payment from the Client. If DarkHorse has received a pre-paid pool from the Client, the payment will be remitted within ten (10) business days after the Client informs DarkHorse that the Tester has been awarded the Reward. DarkHorse is not liable for any delays in payment that are beyond its reasonable control.

To the extent you are eligible for a monetary Reward, you authorize DarkHorse to act as your agent for receiving payments on your behalf. Payment made by a Client to DarkHorse for delivery to you will fulfill the User's obligations to you to the extent of that payment. You permit DarkHorse to receive funds on your behalf and transfer those funds from the Users to you.

You may create a Tester account using your real name or a pseudonym. However, in compliance with Applicable Law, to be eligible to receive a Reward, you must not fall under any categories as specified in this agreement and must provide DarkHorse with accurate, complete, and current information about yourself. This includes, but is not limited to, your residential address, nationality, tax identification number (if applicable), and any other information reasonably requested by DarkHorse (or as directed by a third-party payment processor). This information is necessary for DarkHorse to lawfully distribute any Reward to you and to file the appropriate tax forms at year-end. If you do not cooperate in this process, allowing DarkHorse to meet its legal obligations, any Reward due to you may be redirected and allocated in another matter pursuant to DarkHorse’s discretion.YOU ARE SOLELY RESPONSIBLE FOR PAYING ANY AND ALL TAXES RELATED TO THE REWARD PAYMENTS. DARKHORSE IS NOT LIABLE FOR ANY UNPAID REWARDS THAT RESULT DIRECTLY OR INDIRECTLY FROM A USER'S BREACH OF THE TERMS. DARKHORSE IS NOT LIABLE FOR ANY ASPECT OF A PROGRAM, INCLUDING ANY ERRORS OR OMISSIONS IN THE PROGRAM POLICY, OR ANY LOSS OR DAMAGE INCURRED FROM RELYING ON ANY PROGRAM POLICY.

Testers and Clients

 

For the avoidance of confusion, Testers are not employees or agents of DarkHorse, and participate in programs of their own volition and free will. As a Tester, DarkHorse is not your employer, and in no context should one represent that DarkHorse is your employer, or that you are an employee of DarkHorse. 

 

Similarly, Clients are also independent entities that are completely and wholly separate from DarkHorse. DarkHorse is not responsible for the actions of Clients, nor is it responsible for the actions of Testers. Each party is responsible for their own actions, especially in relation to interacting with eachother. In the event of conflict, it is DarkHorse’s expectation that the Client and Tester work to resolve the conflict – though DarkHorse will offer to mediate, if we believe it to be helpful. In the event either party (Client or Tester) believes to be aggrieved by the other, you agree here that the extent of your claim is limited to the other party, and will not seek to impose any liability on DarkHorse.

Confidentiality Agreement

Testers agree to keep any and all information, documents, and data, without limitation, obtained through the Website confidential and not to disclose them to any third party without the prior written consent of the Client that owns the engagement, except that Information may be disclosed (i) to the extent requested by any regulatory authority with competent jurisdiction over it or its Affiliates (including any self-regulatory authority), and (ii) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (provided that, except in the case of any ordinary course examination by a regulatory, self-regulatory or governmental agency, it will use its commercially reasonable efforts to notify of any such disclosure prior to making such disclosure to the extent permitted by applicable law, rule or regulation).

Compensation

Testers may receive compensation as specified in their agreement with Dark Horse Security LLC. This compensation is contingent upon the completion of testing activities to the satisfaction of Dark Horse Security LLC. Compensation is distinct from any rewards provided to Testers on the DarkHorse platform. While rewards may be granted based on specific achievements, submissions, or participation in various programs, compensation refers to the agreed-upon payment for services rendered by Testers pursuant to the Services Agreement. This compensation is determined separately from the reward system and is not influenced by the rewards earned or awarded through participation in platform activities. DarkHorse ensures that compensation is delivered according to the terms set forth in individual agreements, independent of the rewards mechanism.

Termination

Dark Horse Security LLC reserves the right to terminate Tester accounts for violation of these Terms and Conditions or the Tester Code of Conduct.

Privacy Policy

Your use of our Platform is subject to our Privacy Policy. Our Privacy Policy explains how we collect, use, and protect your personal information, is incorporated into these Terms and Conditions. Please read our Privacy Policy at /privacyPolicy. 

California Consumer Privacy Act (CCPA) Compliance

If you are a resident of California, you have the following rights under the CCPA:

• Right to Know: You have the right to request information about the categories and specific pieces of personal information we have collected about you.
• Right to Delete: You have the right to request the deletion of your personal information, subject to certain exceptions.
• Right to Opt-Out: You have the right to opt-out of the sale of your personal information.
• Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your CCPA rights.

To exercise any of these rights, please contact us at info[at]darkhorse.sh or by mail at 3385 Bass Lake Rd, Ste 140 #1101, El Dorado Hills, CA 95762.

Changes to Terms and Conditions

Company may revise its End User License Agreement, Privacy Policy, Terms and Conditions, or other agreements at its discretion, the Company does not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute once that Dispute has accrued.

Governing Law

This Agreement is entered into in the State of California and shall be governed by, and construed in accordance with, the laws of the State of California, exclusive of its choice of law rules. For any disputes not subject to binding individual arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state and federal courts in El Dorado, California, and to waive any jurisdictional, venue, or inconvenient forum objections to such courts (but without affecting either party’s rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. For example, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident. You agree that any violation by You of this Agreement, the Privacy Policy, the Terms of Service, or any other agreement with the Company, shall constitute an affirmative defense (whether characterized as arising at law or equity) against any claim you might assert against the Company relating to its software or services. You and Licensor agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement. The Company has the right to prosecute civil claims against you for any violation of its End User License Agreement, the Terms of Service, the Privacy Policy, or any other governing terms and conditions related to its software and services, whether for breach of contract, violation of common law rights, or violation of any applicable state or federal statute.

Contact Information

If you have any questions about these Terms and Conditions, please contact us at info[at]darkhorse.sh or by mail at 3385 Bass Lake Rd, Ste 140 #1101, El Dorado Hills, CA 95762.