Terms of Use

Last Updated: December 2024

Welcome to Eureka Engine Ltd. ("Eureka Engine", "we", "our", or "us"). These Terms of Use ("Terms") govern your access to and use of our website eurekaengine.co.uk (the "Website") and our products and services (collectively, the "Services").

By accessing or using our Website and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or Services.

1. Acceptance of Terms

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Eureka Engine Ltd.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.

2. Company Information

3. Use of Services

3.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are of legal age and have the legal capacity to enter into these Terms.

3.2 Permitted Use

You may use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Use the Services for any unauthorized or illegal purpose
• Attempt to gain unauthorized access to any part of the Website or Services
• Interfere with or disrupt the Website, servers, or networks
• Transmit any viruses, malware, or harmful code
• Engage in any activity that could harm Eureka Engine or third parties
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users without consent
• Use automated systems (bots, scrapers) without our express permission

3.3 Professional Use

Our USB pen testing tools and cybersecurity products are intended for professional security testing, research, and authorized penetration testing purposes only. Users must:

• Obtain proper authorization before conducting security assessments
• Comply with all applicable laws, regulations, and ethical guidelines
• Use products only on systems they own or have explicit permission to test
• Not use products for malicious, illegal, or unauthorized purposes
• Assume full responsibility for the consequences of product use

4. Product Information and Availability

Information about our products, including the USB pen testing tool, is subject to change without notice. We make reasonable efforts to ensure accuracy but do not guarantee that product descriptions, specifications, pricing, or availability are complete, accurate, or current.

We reserve the right to:

• Modify or discontinue products at any time
• Limit quantities available for purchase
• Refuse service to anyone for any reason
• Change prices without prior notice

5. Orders and Payment

5.1 Order Acceptance

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

5.2 Pricing

Prices are displayed in GBP (£) and are subject to change without notice. All prices exclude VAT unless otherwise stated. We are not responsible for pricing errors on the Website.

5.3 Payment

Payment must be received in full before products are dispatched. We accept payment methods as indicated on our Website. By providing payment information, you represent that you are authorized to use the payment method.

6. Shipping and Delivery

Shipping costs, delivery times, and available shipping methods will be specified during the checkout process. Delivery times are estimates and not guaranteed. We are not liable for delays caused by shipping carriers or circumstances beyond our control.

Risk of loss and title for products pass to you upon delivery to the shipping carrier.

7. Returns and Refunds

Our returns and refunds policy will be provided at the time of purchase and may vary depending on the product. For specialized cybersecurity tools, returns may be subject to additional conditions due to the sensitive nature of the products.

Please contact us at [email protected] for information about returns and refunds.

8. Intellectual Property Rights

8.1 Ownership

All content on the Website, including text, graphics, logos, images, videos, software, and other materials (collectively, "Content"), is the property of Eureka Engine Ltd. or its licensors and is protected by UK and international copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not:

• Copy, modify, distribute, or reproduce any Content without permission
• Use Content for commercial purposes without authorization
• Remove or alter copyright notices or proprietary markings
• Create derivative works based on our Content
• Reverse engineer, decompile, or disassemble any software

8.3 Trademarks

The Eureka Engine name, logo, and all related marks are trademarks of Eureka Engine Ltd. You may not use our trademarks without our prior written consent.

9. User Content and Feedback

If you submit feedback, suggestions, ideas, or other communications to us ("User Content"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute such User Content for any purpose.

You represent that any User Content you submit:

• Is accurate and not misleading
• Does not infringe third-party rights
• Does not contain unlawful, harmful, or offensive material
• Complies with all applicable laws

10. Third-Party Links and Services

Our Website may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for third-party content, products, or services. Your use of third-party websites is at your own risk and subject to their terms and conditions.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THE WEBSITE
• WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF OUR PRODUCTS

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• EUREKA ENGINE LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE IN QUESTION
• WE ARE NOT LIABLE FOR DAMAGES RESULTING FROM PRODUCT MISUSE, UNAUTHORIZED ACCESS, OR ILLEGAL ACTIVITIES
• WE ARE NOT LIABLE FOR LOSSES CAUSED BY THIRD PARTIES, SYSTEM FAILURES, OR CIRCUMSTANCES BEYOND OUR CONTROL

Some jurisdictions do not allow limitations on implied warranties or liability, so some of these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Eureka Engine Ltd., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your use of the Website or Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your misuse of our products
• Any User Content you submit

14. Export Control and Compliance

Our products may be subject to UK and international export control laws and regulations. You agree to comply with all applicable export laws and regulations. You represent that you are not located in, or a national of, any country subject to trade restrictions or sanctions.

15. Account Registration

If you create an account on our Website, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and current information

We reserve the right to suspend or terminate accounts that violate these Terms.

16. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Website, you consent to our privacy practices as described in the Privacy Policy.

17. Termination

We may suspend or terminate your access to the Website and Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination:

• Your right to use the Website and Services immediately ceases
• We may delete your account and any associated content
• Provisions that by their nature should survive termination shall continue to apply

18. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Any disputes arising from these Terms or use of the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Dispute Resolution

Before initiating formal legal proceedings, we encourage you to contact us to seek an informal resolution of any disputes. We are committed to working with you to reach a fair and reasonable solution.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eureka Engine Ltd. regarding the use of the Website and Services, superseding any prior agreements or understandings.

22. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of Eureka Engine Ltd.

23. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

24. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, natural disasters, government actions, or telecommunications failures.

25. Electronic Communications

By using the Website, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

26. Contact Information

27. Acknowledgment

By using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must immediately cease using the Website and Services.