These Terms of Service ("Terms") are a binding agreement between Bugmetrics Technologies Private Limited, a company incorporated in India (CIN: U58201KA2024PTC186247) ("Bugmetrics", "we", "us", or "our"), and you or the organisation you represent ("you" or "Customer"). They govern your access to and use of the website at https://bugmetrics.io (the "Website") and, where applicable, the Bugmetrics platform and related services (together, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Platform access is provided to customers under a separately executed customer agreement (such as a Master Services Agreement ("MSA"), Statement of Work ("SOW"), or Order Form) together with a Non-Disclosure Agreement ("NDA"). Where a signed customer agreement conflicts with these Terms in respect of the platform Services, the customer agreement prevails. These Terms govern general use of the Website and any matters not addressed in a signed customer agreement.
1. Definitions
1.1 "Services" means the Website, the Bugmetrics platform, and all related products and services we provide.
1.2 "Customer Agreement" means any MSA, SOW, Order Form, or similar agreement executed between you and Bugmetrics.
1.3 "Customer Data" means data and content that you or your systems provide to, or that is generated for you through, the Services.
1.4 "Target Systems" means the systems, applications, networks, APIs, cloud environments, and other assets that you connect or designate for assessment through the Services.
2. Eligibility and Acceptance
2.1 You confirm that you are at least 18 years old, have the legal capacity to enter into binding agreements, and, if acting for an organisation, are authorised to bind that organisation to these Terms.
2.2 If you do not meet these requirements, you must not access or use the Services.
3. The Services
3.1 Bugmetrics provides cybersecurity, governance, risk, compliance, and related software services, including cyber maturity scoring and security assessment of Target Systems.
3.2 We may improve, update, or modify the Services from time to time, provided that such changes do not materially reduce the core functionality of any Services to which you have subscribed under a Customer Agreement.
3.3 Demonstrations and evaluation. Demonstrations and any evaluation access are provided for assessment purposes only and may be subject to additional conditions communicated to you at the time.
4. Accounts
4.1 Accounts are provisioned by Bugmetrics following customer onboarding and execution of the applicable Customer Agreement and NDA.
4.2 You are responsible for safeguarding your account credentials and for all activity under your account, and must notify us promptly at security@bugmetrics.io of any suspected unauthorised access.
5. Acceptable Use
You must not, and must not permit any third party to:
- (a)use the Services in violation of any applicable law or regulation;
- (b)upload or transmit malicious code or interfere with the security or integrity of the Services;
- (c)reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent permitted by law;
- (d)misuse, overload, or gain unauthorised access to our APIs or systems;
- (e)scrape, harvest, or extract data from the Services without our permission; or
- (f)violate any applicable export control or sanctions laws.
6. Security Testing, Authorisation, Scope, and Acceptable Use
6.1 Active testing. The platform may perform active security testing and assessment against Target Systems. Because such testing interacts directly with those systems, this Section applies in addition to your Customer Agreement.
6.2 You represent, warrant, and undertake, on a continuing basis, that:
- (a)you own the Target Systems, or have obtained all rights, authorisations, consents, and permissions necessary to permit Bugmetrics to access, test, and assess them;
- (b)you have authority to grant, and hereby grant, Bugmetrics permission to perform security testing and assessment of the Target Systems you connect or designate;
- (c)connecting or designating a Target System constitutes your express authorisation for Bugmetrics to conduct testing of that system until you withdraw it;
- (d)where a Target System is owned or controlled by a third party (including a cloud provider or vendor), you have obtained that third party's authorisation as required by applicable law and that third party's terms; and
- (e)you will not connect or designate any system you are not lawfully entitled to have tested.
6.3 Indemnity for unauthorised targets. You will indemnify and hold Bugmetrics harmless from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to your connection or designation of any Target System you were not authorised to have tested, or your breach of this Section 6. This indemnity is in addition to, and does not limit, any indemnity in your Customer Agreement.
7. Customer Responsibilities
You are responsible for: maintaining lawful authority over all connected assets; maintaining your own backups of Customer Data; complying with applicable laws in your use of the Services; and ensuring that all permissions and authorisations granted to Bugmetrics remain valid for the duration of your use of the Services.
8. Customer Data
8.1 As between the parties, you retain all ownership of Customer Data. You grant Bugmetrics a limited, non-exclusive licence to process Customer Data solely to provide and improve the Services as permitted by these Terms and your Customer Agreement.
8.2 Our processing of personal data is described in our Privacy Policy.
9. Confidentiality
Assessment reports, security findings, scores, and other non-public information disclosed between the parties are confidential and may not be disclosed except where disclosure is authorised in writing, required by law, or the information is already lawfully public. Confidentiality obligations specific to a Customer Agreement and NDA continue to apply.
10. Intellectual Property
10.1 The Services, including all software, content, designs, and scoring methodologies, and all intellectual property rights in them, remain the property of Bugmetrics or its licensors. No rights are granted to you except the limited right to use the Services as set out in these Terms and your Customer Agreement. No implied licences are granted.
10.2 Any feedback you provide about the Services may be used by us without restriction or obligation to you.
11. AI-Assisted Features
Certain features may use artificial intelligence to generate suggested remediation, prioritisation, or security recommendations. AI-generated outputs are informational only, are not a substitute for professional judgement, and do not constitute legal or security advice. Human oversight remains part of how decisions are made.
12. Third-Party Services
The Services may integrate with or link to third-party products and services, which are governed by their own terms. Bugmetrics is not responsible for third-party services. Your integration of a third-party system as a Target System is subject to Section 6.
13. Service Availability
Bugmetrics will use commercially reasonable efforts to maintain availability of the platform Services. Any specific uptime commitments, service levels, and associated remedies are governed solely by the applicable SOW or Service Level Agreement ("SLA"), and exclude scheduled maintenance, force majeure events, third-party infrastructure failures, and outages caused by the Customer.
14. Fees
Fees for the platform Services are governed by the applicable Customer Agreement or Order Form. Unless stated otherwise there, fees are exclusive of applicable taxes, which you are responsible for paying. Use of the public Website is free of charge.
15. Publicity
Neither party may use the other party's name, logo, trademarks, or testimonials without prior written consent, except where required by law or where the relevant information has already been publicly disclosed by the owner.
16. Suspension
We may suspend access to the Services where reasonably necessary to protect the security or integrity of the Services, to comply with law, or to investigate suspected misuse. Where practicable, we will provide notice and restore access once the underlying issue is resolved.
17. Term and Termination
17.1 These Website Terms apply for as long as you access or use the Services. Termination of platform Services is governed by your Customer Agreement.
17.2 We may terminate or suspend your access to the Website if you materially breach these Terms and fail to cure the breach within a reasonable period after notice, or where required by law.
17.3 Sections that by their nature should survive termination, including Sections 6, 8, 9, 10, 18, 19, 20, and 22, will survive.
18. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN A CUSTOMER AGREEMENT, THE SERVICES AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUGMETRICS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL DETECT EVERY VULNERABILITY OR SECURITY ISSUE. THE SERVICES SUPPORT, BUT DO NOT REPLACE, YOUR OWN SECURITY JUDGEMENT AND CONTROLS.
19. Limitation of Liability
19.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
19.2 WHERE YOU HAVE A CUSTOMER AGREEMENT, THE LIABILITY PROVISIONS OF THAT AGREEMENT GOVERN. FOR WEBSITE USERS WITHOUT A CUSTOMER AGREEMENT, BUGMETRICS' TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED INR 10,000 (INDIAN RUPEES TEN THOUSAND).
19.3 NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, WILFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
20. Indemnification
In addition to Section 6.3, you agree to indemnify and hold harmless Bugmetrics and its officers, employees, and agents from and against any claims, losses, and expenses arising out of your unlawful use of the Services, your breach of these Terms, your unauthorised security-testing requests, or your violation of any law or third-party right.
21. Force Majeure
Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, governmental action, network or infrastructure failures, and similar events.
22. General
22.1 Assignment. You may not assign these Terms without our prior written consent. Bugmetrics may assign them in connection with a merger, acquisition, or sale of substantially all of its assets.
22.2 Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
22.3 Waiver. A failure to enforce any provision does not waive the right to enforce it later.
22.4 Privacy. Personal information is governed by our Privacy Policy and Cookies Policy.
22.5 Changes. We may update these Terms from time to time. We will revise the version number and "Last Updated" date and, where changes are material, provide reasonable notice. Continued use after changes take effect constitutes acceptance. Changes to these Website Terms do not amend a signed Customer Agreement.
23. Governing Law and Jurisdiction
These Terms are governed by the laws of India. Subject to any dispute resolution mechanism in your Customer Agreement, the courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or your use of the Website.