Terms of Service

Please read this Terms of Service carefully.

The Terms of Service (hereinafter referred to as "ToS") establishes the basis for the provision of Helium Security (hereinafter referred to as the "Software") provided by PT Global Inovasi Siber Indonesia (hereinafter referred to as the "Company") to you (hereinafter collectively referred to as the "Customer",”Client”,”Subscriber”,"User" or "You") in Helium Security and the basis for "You" to use the "Software".

The Privacy Policy of Helium Security (hereinafter collectively referred to as the "PRIVACY POLICY") can be found at https://www.helium.sh/privacy-policy, which is an important part of this ToS. By subscribing to or using the "Software," you agree to always accept and comply with (1) this ToS and (2) the "PRIVACY POLICY." If you do not agree with either of these, do not subscribe to or use this "Software".

The "Company" reserves the right to change, modify, add, or remove this ToS at any time in accordance with the procedures described in Article n below.

1. Definitions

‘You’, ‘Customer’, ‘Subscriber’ or ‘End-user’ means an individual or a single entity, corporate or other statutory body with legal personality that uses the Service (as defined below).
‘Service Agreement’ or ‘Terms of Service’ or ‘Terms’ mean the terms as per this Service Agreement.
‘Service’ means the Service offered by Helium Security, including all the tools and functionality accessed via the web interface or
the API (called from the Customer’s computer or a third-party provider).
‘Service Infrastructure’ means all the Helium Security systems that facilitate, provide or describe the ‘Service’.
‘Asset’ or ‘Assets‘ means computer hardware, network, storage, input/output, or electronic control devices, or software installed
on such devices.
‘Hostnames’ means the name used to identify each asset.
‘URLs’ is the address of a web site.
‘IPs’ or 'IP Addresses' refers to the address of a Device.
‘Confidential Information’ means any information disclosed by one party to another which is defined as confidential and
proprietary as per the Terms of this Service Agreement.
‘Scanning‘ refers to the process, either automated or manual, of identifying, collecting, and analyzing information related to vulnerabilities, configurations, services, systems, or networks, whether internal or external, with the purpose of assessing security levels and potential risks.

2. Software

The term "Software" refers to all Helium Security software programs and modules provided to the "User" by the "Company," and includes, without limitation, (if applicable) free subscriptions, trial demos, and full paid subscriptions of the "Software," together with application interfaces, data feeds, and other access methods provided by the "Company" in connection therewith, as well as all related programs, technologies, media, printed materials, and other online or electronic documentation.

The demo version of the "Software" may only be used to evaluate or test the "Software" for a limited period, and search results as well as related content delivered in connection with the demo version may not be copied or used by the "User" for other purposes (including providing commercial services or "Software" to others) without the prior consent or permission of the "Company".

3. License

The "Company" (or its affiliates on behalf of the "Company") grants the "User" a non-exclusive, non-transferable license (hereinafter collectively referred to as the "license") to use the "Software" (in whole or in part) until the termination of this ToS.

The "User" shall not, under any circumstances, use the "Software" or this "license" for commercial purposes without being granted a "License" from the "Company," nor allow others to use it.

With regard to the demo version of the "Software," such "license" is limited solely to the "User's" evaluation of the "Software" as set forth in Section 1. Software.

The "Software" is provided under the "License," and the "User" shall not:

1. Sell, rent, license, sublicense, or distribute the "Software" directly or indirectly.
2. Reverse engineer, decompile, disassemble, modify, reproduce, or create derivative works of the "Software".
3. Create, use, or distribute any "automated," "script," or "macro" computer programs or other fraudulent or hacking software applications for the "Software".
4. Remove, alter, disable, or bypass any copyright notices or labels contained in the "Software".
5. Export or re-export this "Software" or adopted replicas in violation of applicable laws and regulations.

4. Use of Software

The analysis or scanning results displayed by the "Software" show vulnerability information and confidential information. Under no circumstances shall the "Company" be responsible for data or information processing, including, but not limited to, access, ownership, or use by the "User".

The above data may only be used for good faith security testing purposes and not for other purposes or cybercrime.

When registering to use the "Software," the "User" explicitly agrees to act in good faith and be responsible under this clause and shall not:

1. Use data and information obtained from the "Software" illegally.
2. Share or use data and information obtained from the "Software" with external organizations without permission.
3. Disclose knowledge and information obtained using the "Software" without permission.

In the event of such violations, all civil and criminal legal responsibilities arising from the illegal use of information other than for security testing shall be borne by the "User," and the "Company" shall not be liable for the content or responsibility for unauthorized use of information by the "User".In the event of such violations, all civil and criminal legal responsibilities arising from the illegal use of information other than for security testing shall be borne by the "User," and the "Company" shall not be liable for the content or responsibility for unauthorized use of information by the "User".

The "User" has the right to refuse this commitment, and otherwise, should not subscribe to or use this "Software".

5. Restrictions on Use

You must strictly use the Software in accordance with the terms of the Related Agreement including this ToS and must not:

1. Compile, reverse engineer, disassemble, attempt to obtain the source code, or decrypt the "Software".
2. Make modifications, adaptations, improvements, enhancements, or translations of the "Software".
3. Violate applicable laws, rules, or regulations regarding access to or use of the "Software".
4. Use the "Software" for revenue-generating ventures, commercial enterprises, or for other purposes not designed or intended.
5. Use proprietary information or interfaces of the "Software" or other intellectual property of the "Software" in the design, development, licensing, or distribution of any applications or devices for use with the "Software".

6. Confidentiality

You acknowledge that the Service and certain other materials are confidential as provided herein. Helium Security Parties’ confidential information includes any and all information related to the Service and/or business of Helium Security Parties that is treated as confidential or secret by Helium Security Parties (that is, it is the subject of efforts by Helium Security Parties, as applicable, that are reasonable under the circumstances to maintain its secrecy), including, without limitation:

1. The Service;
2. Any and all other information which is disclosed by Helium Security to You orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and,
3. Any notes, extracts, analysis, or materials prepared by You which are copies of or derivative works of Helium Security Parties’ confidential information from which the substance of said information can be inferred or otherwise understood (the “Confidential Information”).

During delivery of Support, it will be necessary for confidential information to be exchanged between You and Helium Security. The Recipient may use such confidential information only for the purposes for which it was provided and may disclose it only to employees, or contractors or partners, obligated to the Recipient under similar confidentiality restrictions and only for the purposes it was provided.

1. Is already lawfully known to or independently developed by the Recipient without access to the confidential information;
2. Is disclosed in non-confidential published materials;
3. Is generally known to the public;
4. Is rightfully obtained from any third party without any obligation of confidentiality.

The Recipient agrees not to disclose confidential information to any third party and will protect and treat all confidential information with the highest degree of care. Except as otherwise expressly provided in this Service Agreement, the Recipient will not use or make any copies of confidential information, in whole or in part, without the prior written authorization of the other party. The Recipient may disclose confidential information if required by statute, regulation, or order of a court of competent jurisdiction provided that the Recipient provides the other party with prior notice, discloses only the minimum confidential information required to be disclosed, and cooperates with the other party in taking appropriate protective measures. These obligations shall continue to survive indefinitely following the termination of this Service Agreement concerning confidential information. Helium Security Parties will not be obliged to respect Your confidential information in the case of termination due to Your breach of the Service Agreement conditions, insofar as such information is required for Helium Security Parties to safeguard their own rights and interests.

7. Termination and Suspension of License

The "Company" may terminate access and use of the "Software" without cause if you violate material provisions of this ToS, including when the "User" fails to claim the selected payment method. The "Company" may terminate the "Software" provided as a free trial at any time. Without limiting the foregoing, the "Company" may also suspend access and use of your account or the "Software" if it reasonably suspects that the "User" is not complying with the ToS, without prior notice.

8. Limitation and Disclaimer of Liability

The "Company" expressly disclaims all warranties, whether implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and warranties to the extent permitted by law. Without limiting the foregoing, the "Company" does not guarantee or warrant, and does not represent, that any type of software will meet customer needs, achieve desired results, be compatible with other software, applications, systems, or the "Software," operate without interruption, meet availability, or perform. There are no reliability standards or guarantees against errors, viruses, or other harmful factors.

In no event shall the "Company" be liable to the "User" for the use of the software, interruptions, delays, or unavailability, loss of revenue or profits, delays, disruption of the "Software," loss of business or goodwill, data corruption, system or "Software" failures, malfunctions or outages, or failure of accurate transfers.

In no event shall the "Company" be liable to the "User" for consequential, incidental, indirect, exemplary, special, or punitive damages arising out of or in connection with breach of contract, tort (including negligence), or otherwise.

9. Indemnification

To the extent permitted by law, the "Software" is provided "as is" without warranties and with all defects. To the extent permitted by applicable law, the "User" acknowledges and agrees that the risks of using the "Software," and the risks of quality, performance, and accuracy, are borne solely by the "User".

The "Company" (or its affiliates on behalf of the "Company") disclaims all warranties and conditions, including implied or statutory warranties such as merchantability, fitness, accuracy, implied rights, and non-infringement, to the extent permitted by applicable law.

The "Company" does not warrant the uninterrupted rights of the "User" to the "Software," does not guarantee that the functions included in the "Software" will meet the "User's" requirements, does not guarantee uninterrupted operation of the "Software," and does not warrant the absence of bugs, errors, or malware (viruses, etc.), nor does it guarantee resolution.

Some countries, states, provinces, or other jurisdictions do not allow the exclusion or limitation of certain warranties, so the above may not apply to certain "Users," but should only apply to the extent permitted by the laws of such jurisdiction.

The "User" may have additional legal rights under their jurisdiction, and nothing in this ToS shall override the legal rights the "User" may have as a consumer of the "Software".

10. Service Level Agreement

Along with each of our cloud Professional, Team, Business and Enterprise licenses, we include a Service Level Agreement (SLA). Our SLA guarantees 99.9% for our service.

If you encounter issues that does not meet our guarantee, you are entitled to receive a license extension described below.

A. Downtime Policy

1. Community license user.
2. Downtime due to maintenance activities that have been scheduled and informed to the Customer.
3. Intermittent downtime that occurs over a short period of time.
4. The problem occurs because the license used is not included in the service.
5. Uncontrolled cyber attacks and DOS (Denial of Service) on our third party, namely the cloud server provider.
6. Force Majeure which is beyond the control of Helium. Force Majeure can be (but not limited to) fire, flood, earthquake, war, terrorism, criminal activity, riot, explosion, sabotage, embargo, natural disaster, strike, government policy, change in law or investment policy in Indonesia.

1. Site downtime
2. Issues in Helium VAPT Tools
3. Issues in Helium Features

B. Compensation

SLA claim requests can be processed through requests on Contact Us (Select the Technical Issues category) and uploading proof of the incident.

Helium will provide compensation according to the following levels:

11. Use of Third-Party Technology

This Software, in its use of Vulnerability Assessment & Penetration Testing (VAPT), employs several supporting open-source software tools. Such use is solely to support the technical functions of the application, without any intent to redistribute, sell, or claim ownership of such related software.

The copyrights, licenses, and ownership of each supporting software used remain with their respective developers or license owners. The Company does not commercialize such software.

Commercialization of services only derives from:

• The provision and use of server infrastructure,
• The independently developed Scanner Engine by the Company,
• Automation features independently developed by the Company, and
• Additional features not available in supporting software, including but not limited to system integration, reporting, dashboard, and security project management functions.

Accordingly, any commercial benefits arise entirely from the Company’s own development, infrastructure, and services, not from the third-party software used.

The Company also guarantees that all use of supporting software is carried out in accordance with the terms of their respective licenses. By using this application, the User understands and agrees that such software is part of an open ecosystem that can be freely utilized in accordance with its original license.

This provision is prepared to clarify that the Company respects the licenses and copyrights of third-party software, and only commercializes services and features developed independently.

12. Prohibited Uses

A. Scanning of Third Party Assets

You are not allowed use the service to interact with IPs or Assets for which You are not expressly authorized to do so. You must not use the Service in such a way as to create unreasonable load on IPs or Assets to which You have directed the Service to interact. You may not use any Service Infrastructure, directly or indirectly to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging network messages to any Assets, whether owned by Helium Security or not.

B. Reasonable Usage of Helium Security Service

You are not allowed, through the use of the Service or by any other means, create unreasonable load on the Service Infrastructure.

C. Unlawful Activities

You are not allowed to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws. Any form of violation of the law will be directed at the user who does it.

D. Unauthorized Access

(i) You are not allowed access information on the Service Infrastructure for which You are not authorized, or which is not made available intentionally, publicly and in accordance with Helium Security Privacy Policy. If You gain access to any information for which You are not authorized, by any means or method, or for any reason, You must report such access to Helium Security immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to [email protected].

(ii) Furthermore, You agree not to provide access to the Service by: a) allowing others to use Your account; b) creating an account for someone who is not authorized to perform the role or view the information for which You have granted access; c) creating an account for an ineligible party as defined in clause 2 above; or d) failing to revoke access for those persons who are no longer authorized to access the Service for any reason. You will immediately notify Helium Security of any unauthorized access from Your account or the accounts of others for which You have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another party’s password for any reason. You will not access someone else’s account, nor disrupt, interfere, or limit the functioning of the Services or other’s enjoyment of the Service. Any breach of the above covenants will result in immediate termination of the Service and, if appropriate, referral to law enforcement authorities.

13. Suspension of Accounts and Scans

Helium Security reserves the right to suspend the Service being given to You, at any stage, should it in its sole discretion, deem such suspension necessary. Helium Security reserves the right not to commence or to suspend a scan at any stage, should it deem it necessary, in its sole discretion, to do so.

14. Changes in Service

You acknowledge and agree that Helium Security may, in its sole and absolute discretion, modify or remove the Service as necessary. Scans, verification and authentications performed by the Service may also be modified, removed or updated by Helium Security at any time without notice. You hereby authorize Helium Security to perform Web and/or Network scans on any Devices, IPs, Hostnames and URLs specified by You.

15. Miscellaneous

This Agreement shall be interpreted in accordance with internal law without affecting choice-of-law or conflict-of-law provisions requiring or permitting the application of the laws of jurisdictions other than Indonesia.

This Agreement constitutes the complete and independent agreement between the "User" and the "Company" with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings, and agreements, whether written or oral, between the parties regarding the subject matter. In the event of a conflict between the provisions of this ToS and other contractual provisions between the "User" and the "Company" concerning the "Software," the provisions of this ToS shall prevail.

This ToS may only be amended by a written document signed by both parties.

If any provision of this ToS is invalid, illegal, or unenforceable in its jurisdiction, such invalidity, illegality, or unenforceability shall not affect other provisions of this ToS and shall not render it invalid or unenforceable in other jurisdictions.