Hacker Sidekick Terms of Use

Welcome to Hacker Sidekick!

These Terms of Use ("Agreement") set forth the terms and conditions governing your use of Hacker Sidekick's proprietary AI Tool ("AI Tool") and related services provided by Hacker Sidekick (Nictsu Inc., "Services"). By accessing or using the AI Tool or Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you should not access or use the AI Tool or Services.

BY USING THE AI TOOL OR SERVICES, YOU MUST READ, CONFIRM AND EXPRESSLY AGREE TO THE FOLLOWING

  • I intend to use the AI Tool and any content generated through it for lawful purposes and only lawful purposes, under the laws of every local, state, federal, or international jurisdiction applicable to me;
  • I will never use the AI Tool or any content generated through it to engage in or assist in unauthorized hacking of any kind, including gaining unauthorized access to any computer, file, communication, folder, system, data, database, server, physical or digital location, or any other electronic device or repository of information, without the owner's prior express consent;
  • I likewise will never use the AI Tool or any content generated through it to engage in or assist in unauthorized hacking of any kind, including exceeding any previous, expressly authorized access to any computer, file, communication, folder, system, data, database, server, physical or digital location, or any other electronic device or repository of information, without the owner's prior express consent;
  • I likewise will never use the AI Tool or any content generated through it to engage in or assist in any threat, promise, or demand that is or relates to future unauthorized hacking of any kind, including the threat of gaining unauthorized access or exceeding previous, expressly authorized access to any computer, file, communication, folder, system, data, database, server, physical or digital location, or any other electronic device or repository of information, without the owner's prior express consent, and including threats to destroy, delete, or modify electronic or physical data owned or held by another person;
  • If I intend to utilize the AI Tool to engage in or assist with ethical hacking of any kind–that is, hacking with the express permission of the target individual or organization and within any express parameters, rules of engagement, or other requirements set for such expressly permitted hacking–I agree to only use the AI Tool within the express boundaries set up for such hacking, red teaming, penetration testing, code review, or comparable, permissive, lawful activity, and nothing further;
  • I agree to not use the AI Tool or any content generating using the AI Tool for the purposes of infringing on any intellectual property of any third-party, and agree to accept sole responsibility for any claim or court decision finding that content generated using the AI Tool infringes or infringed upon the intellectual property of another;
  • I acknowledge that by using the AI Tool and using it to generate content, I agree to accept all legal and financial responsibility for any damages caused by my use or the content I create, and agree to indemnity and hold harmless Hacker Sidekick and its employees, officers, and agents; and
  • I confirm that I have read all of the above items and expressly agree to act in a manner consistent with the above, at all times.

License

Subject to the terms and conditions of this Agreement, and any other agreements between you and Hacker Sidekick, Hacker Sidekick grants you a limited, non-exclusive, non-transferable, and revocable license to use the AI Tool for your internal business purposes and as allowed by Hacker Sidekick. You may not sublicense or transfer the AI Tool to any third party unless explicitly permitted in writing.

Restrictions

  • You shall not modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or algorithms of the AI Tool. You shall not use the AI Tool for any purpose other than as expressly authorized under this Agreement, or for any illegal, immoral or unethical purpose. You shall not permit or provide access to the AI Tool to any third party, except as authorized under this Agreement.
  • We understand that third-party security testing is important to maintaining the security of the internet, but we require that you seek explicit written consent before attempting to perform any security or privacy testing on the AI Tool or any Hacker Sidekick systems.
  • Any unauthorized use, disclosure, access, or reproduction of the AI Tool is strictly prohibited and may result in legal action by Hacker Sidekick.

Export Compliance

You may not use the Services if you are located in, or are a resident of, an embargoed jurisdiction or are a sanctioned party. You agree to comply with all applicable export control and sanctions laws.

Other Usage Restrictions

You may not use the AI Tool for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Services in a way that infringes, misappropriates or violates anyone's rights;
  • Modify, copy, lease, sell or distribute any of our Services;
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law);
  • Automatically or programmatically extract data or content generated by use of the AI Tool;
  • Represent that content generated by the AI Tool was human-generated when it was not;
  • Interfere with or disrupt our AI Tool or Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services; and/or
  • Use content created by the AI Tool to develop models that compete with the AI Tool.

Geographical Restrictions

Hacker Sidekick's Services and AI Tool are intended for use only by customers located within the United States. By using the AI Tool or Services, you represent and warrant that you are located within the United States. Hacker Sidekick reserves the right to terminate or restrict access to the AI Tool or Services for customers located outside the United States at its sole discretion.

Registration and Age Restrictions

You must be at least 18 years old to use the AI Tool or Services. To access the AI Tool or Services you must provide complete, accurate information to register for an account. You may not share your account credentials or make your account available to anyone else, and you are responsible for all activities that occur under or using your account and any content generated by the AI Tool using your account. If you create an account or use the AI Tool or Services on behalf of any other person or entity, you must have the authority to accept this Agreement on their behalf.

Capture the Flag Win Bounties

From time to time, Hacker Sidekick may, at its sole discretion, extend a monetary or in-kind "Win Bounty" to users who leverage the Hacker Sidekick Application or its API ("Platform") to secure first-place or otherwise designated victories in Capture-the-Flag (CTF) events or similar competitions. Any bounty applies only when expressly offered—verbally or in writing—by an authorized Hacker Sidekick representative, and is contingent on the recipient supplying verifiable proof of (i) event registration, (ii) active use of the Platform during the competition, and (iii) the qualifying win. Payment of a Win Bounty further requires the competitor to execute a written co-marketing agreement as stipulated by Hacker Sidekick.

By participating, you represent and warrant that you have the full legal right and authority to access, test, or otherwise interact with any computer systems, networks, or data involved, whether directly or indirectly, through the Platform or any output generated by it. You agree that Hacker Sidekick shall have no liability whatsoever, whether in contract, tort, or otherwise, for any damages, losses, claims, or expenses arising out of or related to your participation in any such competition or your use of the Platform in connection therewith.

Eligibility determinations, bounty amounts, and fulfillment timing remain entirely within Hacker Sidekick's discretion, and nothing in these Terms obligates Hacker Sidekick to make any offer or payment. Win Bounties are limited to the first five (5) eligible respondents per calendar month. If you believe you meet these requirements, please send your user account email address, name, and supporting proof to [email protected] and we will reach out to you to discuss further.

Ownership

Hacker Sidekick retains all rights, title, and interest in and to any and all intellectual property rights associated with or generated by the AI Tool and Services except as otherwise provided by law or other agreement with Hacker Sidekick. You shall not claim ownership of the AI Tool or Services or any portion thereof.

Payment

Subscriptions & Billing

If you purchase a paid subscription (a "Pro Plan"), you authorize us (via our payment processor) to charge you the subscription price, plus any applicable taxes, on a recurring basis until you cancel. Billing occurs at the beginning of each billing period (monthly unless otherwise stated).

Auto-Renewal

Subscriptions auto-renew for successive periods unless you cancel at least 5 business days before the end of your current term in your account settings.

Cancellation

You may cancel at any time; service continues through the end of the current paid term. Except where required by law, payments are non-refundable and we do not provide credits or pro-rata refunds for partial periods.

Trials & Promotions

If offered, trials convert to paid at the then-current rate unless you cancel before the trial ends; you'll see the price and renewal date at signup and in reminder notices where required.

Price Changes

We may change prices or overage rates with at least 30 days' notice for renewing terms.

Taxes

Fees exclude taxes. You're responsible for VAT/GST/sales/use taxes where applicable; we may collect and remit where required.

Payment Processing

We use third-party processors (e.g., Stripe) to process payments. We don't store full card numbers; processors handle and secure payment data under their terms. We reserve the right to change our payment processors at any time. By continuing to use our Services after such a change, you agree to be bound by the terms and conditions of the new payment processor(s).

Charge Failures

If a charge fails, we may suspend or downgrade your account until payment is resolved. Repeated chargebacks may result in termination.

Token Allowances and Overage Fees

Auto Top-Up (Optional)

If you opt in to Auto Top-Up in your account settings, you authorize Hacker Sidekick and its payment processor to automatically charge your saved payment method to purchase additional tokens before your balance is exhausted.

Default Setting

Unless you change these values in settings, Auto Top-Up will: (a) trigger when your balance reaches threshold of remaining tokens, and (b) automatically add the tokens at the listed price (plus applicable taxes).

Proactive Charges

To avoid service interruptions, and only after you have opted-in, charges may occur proactively when your balance approaches the threshold; multiple top-ups may occur within a billing period depending on usage.

Authorization to Store & Charge

By enabling Auto Top-Up, you (i) authorize our processor to store a payment credential and (ii) authorize recurring, variable-amount charges for the top-up quantity and price shown in settings until you disable Auto Top-Up.

Order of Consumption

We consume tokens in this order: Included Tokens (if any) → Purchased tokens (including Auto Top-Up and manual token packs) → Overage (if you have pay-as-you-go enabled). If overage is disabled and you have no purchased tokens available, we may throttle or pause service.

Receipts & Notices

We'll provide an email receipt for each top-up. We may update default thresholds, quantities, or prices; material increases will be noticed at least 30 days before they take effect for existing Auto Top-Up users. You can change or disable Auto Top-Up at any time in settings.

Non-Refundable; Expiration

Purchased tokens (including Auto Top-Up) are non-refundable, have no cash value, and (unless stated otherwise) expire 12 months after purchase.

Failed Charges

If a top-up charge fails, we may retry, request another payment method, and/or throttle or pause service until payment is resolved.

Fair Use & Abuse

We may rate-limit or suspend accounts that attempt to circumvent limits or that generate usage inconsistent with fair, intended use. We may suspend or terminate access for nonpayment, material breach of these Terms, or unsafe/abusive use (including attempts to bypass rate limits or safety systems).

Intellectual Property

Hacker Sidekick retains all rights, title, and interest in and to any and all intellectual property rights associated with the AI Tool provided to You under a Master Services Agreement. You shall not modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or algorithms of the AI Tool. You shall not use the AI Tool for any purpose other than as expressly authorized under this Agreement. You shall not disclose or permit access to the AI Tool to any third party, except as authorized under this Agreement. Any unauthorized use, disclosure, or reproduction of the AI Tool is strictly prohibited and may result in legal action by Hacker Sidekick.

Acknowledgement of Limited Warranty

You acknowledge that Hacker Sidekick makes no representations or warranties regarding the performance or functionality of the AI Tool beyond that explicitly stated in this Agreement. You retain full responsibility for ensuring the functionality of any and all web sites, pages, other AI Tools, servers, software, hardware, or related digital and/or physical property that interacts with the AI Tool.

Outputs Not Guaranteed

Model outputs may be inaccurate or incomplete. You're responsible for verifying results before use.

Beta/Experimental Features

Some features may be experimental; they're provided "as is" and may change or be withdrawn.

Availability

We target high availability but do not guarantee uninterrupted service; scheduled or emergency maintenance may occur.

No Attorney-Client Relationship

The parties acknowledge that this Agreement does not create an attorney-client relationship, fiduciary relationship, or other close relationship of trust. This Agreement and any services that flow from this Agreement likewise do not represent an agreement to provide advice about compliance with any local, state, federal, or international law, or the cybersecurity of any digital or physical property that interacts with the AI Tool. No portion of the AI Tool or its content is intended to be construed as legal, compliance, or business advice.

User Representations and Warranties

By using the AI Tool or Services, you represent and warrant that: (a) you have the appropriate permissions and rights to use the AI Tool and all content generated using the AI Tool; and (b) you use the AI Tool at your own risk, and agree to indemnify and hold harmless Hacker Sidekick for any problems, damages, or losses arising from its use or content generated using it.

Limitation of Liability

In no event shall Hacker Sidekick be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement, even if Hacker Sidekick has been advised of the possibility of such damages. Any aggregate liability of Hacker Sidekick for all claims arising out of or related to this Agreement shall not exceed the total amount of fees paid by you to Hacker Sidekick during the 12-month period preceding the event giving rise to the claim.

Hacker Sidekick's affiliates, suppliers, licensors, and distributors are intended third party beneficiaries of this section.

Indemnification

You shall indemnify, defend, and hold harmless Hacker Sidekick and its affiliates, officers, directors, employees, and agents from and against any and all losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to your use of the AI Tool or Services, or content generated by use of the AI Tool, or your breach of this Agreement.

Privacy Policy

By using the AI Tool or Services, you agree to Hacker Sidekick's Privacy Policy, as it may be updated from time to time, which is incorporated herein by reference. The Privacy Policy governs the collection, use, and disclosure of your personal information. You can review the current version of the Privacy Policy on the Hacker Sidekick website.

Amendments and Superseding Agreements

Hacker Sidekick reserves the right, at its sole discretion, to modify, amend, or replace these Terms of Use at any time, effective upon posting the updated terms on its website or otherwise providing notice to you. Your continued use of the AI Tool or Services following the posting or notice of such changes constitutes your acceptance of the amended terms. If you do not agree to the amended terms, you must cease using the AI Tool and Services. Any other agreements between you and Hacker Sidekick, whether oral or written, that conflict with or supersede any provision of these Terms of Use shall be expressly identified as superseding or amending the relevant provision(s) of these Terms of Use and shall govern the parties' relationship to the extent of such conflict or supersession.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of laws provisions.

Dispute Resolution

Any disputes arising out of or related to this Agreement or the use of the AI Tool shall be resolved exclusively through binding arbitration, administered by the American Arbitration Association and conducted in Cook County, Illinois, in accordance with its Commercial Arbitration Rules. The arbitration proceedings shall be conducted by a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree, appointed by the American Arbitration Association. The arbitrator's decision shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall bear their own costs and attorneys' fees in connection with the arbitration, and the arbitrator shall have the authority to allocate the costs of the arbitration and the arbitrator's fees between the parties in the award.

You and Hacker Sidekick agree that any disputes arising out of or relating to this Agreement must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Hacker Sidekick knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect, and be construed as if the invalid or unenforceable provision had never been a part of this Agreement.

Contact Us

If you have any questions or concerns regarding this Agreement, please contact Hacker Sidekick at:

Email: [email protected]