PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM

This page sets out the terms and conditions that apply to your use of the HAPTAI Platform (“HAPTAI Platform”) via our website https://www.thehackinggames.com/ and any related sub-domains (together “website”), whether as a guest or a registered user.

1. BY USING THE HAPTAI PLATFORM, YOU ACCEPT THESE TERMS

Please read these terms and conditions carefully before using the HAPTAI Platform.

• By using our HAPTAI Platform, you confirm that you accept these terms of use and that you agree to comply with them.
• If you do not agree to these terms, you must not use the HAPTAI Platform.

2. AGE REQUIREMENTS

• You must be at least 16 years of age to use our services

By accessing our services, you confirm that you are at least 16 years old. Our services are not designed for or directed towards users under the age of 16.

We may take additional steps, including the use of third party services, to determine whether you are old enough to create an account with us or using our services. You accept and agree to be bound by these terms and represent that you are at least 16 years of age.

• For the attention of the parents and guardians

If you are a parent or guardian and allow your child (in the UK where our business is based, a child is generally anyone under the age of 18) to use these services, then you and your child accept and agree to be bound by these terms. You are responsible for all use of their account with us or our services, including your child’s activity on the services and any purchases made by them.

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of the HAPTAI Platform via our website:

• HAPTAI Platform Privacy Policy: https://www.thehackinggames.com/haptai-privacy-policy, which explains how we collect, use and store your personal data when using the HAPTAI Platform.
• Programme-specific privacy information: if you access the HAPTAI Platform through a programme run with one of our partners, we will give you additional privacy information for that programme, which explains any partner use of your information and also applies to you.
• Our Website Terms of Use, which sets out the general rules for using our website: https://www.thehackinggames.com/legals/terms
• Our Website Privacy Policy, which explains how we collect, use and store your personal data when using our website: https://www.thehackinggames.com/legals/privacy
• Our Cookie Policy, which sets out information about the cookies on our website: https://www.thehackinggames.com/legals/privacy.

If you purchase goods or services from our website, our Terms and Conditions will apply to the sale: https://www.thehackinggames.com/legals/terms.

Our website includes links to third party web applications and use of their functionality (namely Discord Inc.). You will be required to accept the terms and conditions imposed on such use by the third party provider and be bound by such terms and conditions when using their web applications and functionality from our website.

The HAPTAI Platform also allows you to connect, link or enter details of third party accounts and services (for example, gaming, coding and online learning platforms) (“Connected Services”) so that information from them can be used as evidence in your HAPTAI assessment. Before you connect a Connected Service, we will tell you what information we access from it and how we use it. Your use of any Connected Service remains subject to that provider’s own terms and conditions. You must only connect, or enter details of, accounts that belong to you. You can disconnect a Connected Service or remove optional information through the relevant section of your profile.

We are not responsible for any Connected Service, including its availability, its content, the accuracy or completeness of any information we receive from it, or any changes its provider makes that affect how it works with the HAPTAI Platform. We may stop supporting any Connected Service at any time.

4. USING YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policies (please see paragraph 3 above for links to each of our privacy policies).

5. WE MAY SUSPEND, CHANGE OR WITHDRAW THE PLATFORM

We do not guarantee that the HAPTAI Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the HAPTAI Platform for business and operational reasons.

We will have no liability or responsibility if for any reason the HAPTAI Platform is unavailable at any time or for any period. We will try to give reasonable notice of any suspension or withdrawal.

We may update and change the HAPTAI Platform from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

You will be responsible for ensuring that all persons who access the HAPTAI Platform via website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. WE MAY AMEND OR TRANSFER THESE TERMS OF USE

We may amend these terms of use from time to time. Please check these terms to ensure you understand the terms and conditions that apply at the time.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

7. WE MAY USE AI TECHNOLOGY AS PART OF OUR SERVICES

Please be aware that our service under the HAPTAI Platform includes use of artificial intelligence technology in the form of features or other functionalities (“AI Features”). AI Features analyse some of the information you provide (for example, your answers, uploaded documents and information from Connected Services) and can contribute directly to your scores and report.

The AI Features’ performance may be subject to limitations that are inherent to artificial intelligence technology for example model accuracy and external factors.

Outputs of the AI Features (including any contribution they make to your scores and report) may be inaccurate or incomplete and may not fully reflect your skills, aptitudes or abilities. They should not be relied on as the sole basis for any decision.

No user can use the AI Features in any manner which would violate any applicable law, regulation, or industry standard (including data-privacy, export-control, or anti-discrimination laws) or that would infringe any third-party intellectual property or other proprietary rights.

Disclaimer:

Subject to paragraph 18 (which sets out liability we do not exclude), we shall have no liability – whether in contract, tort (including negligence), strict liability, or otherwise – for any claim, loss, or damage arising out of relating to (i) any user’s or partner’s use (or misuse) of the AI Features; (ii) decisions made by users, partners or other third parties in reliance on content generated using AI Features and (iii) errors or inaccuracies in content generated using AI Features caused by data limitations, model defects or external factors.

8. YOUR ACCOUNT

Opening your account

For users who wish to join the HAPTAI Platform on our website to unlock their hacking personas and cybersecurity aptitude profile, you need to create an account with us.

You will need to provide us with your email address to set up your account. By using the ‘Get Started’ link you will be prompted to complete your account setup by creating a username and password.

When you set up and register for an account with us, it is on the understanding that it is solely for your own personal use. You may not transfer or allow anyone else to access or use your account.

Accessing Cybersecurity Aptitude Assessments via your account

To complete your profile of cybersecurity aptitudes and to find out your hacking/cybersecurity persona, you will need to complete an online assessment of one or more questions created by or on our behalf via the HAPTAI Platform. You may also choose to add further information to your profile as evidence for your assessment, such as selected games, projects, documents and Connected Services (see paragraph 3 above).

Such online aptitude assessment can be accessed once you have successfully signed up to this service by creating an account with us or through an invitation or programme link provided by or on behalf of one of our partners.

Please only provide the information needed for your assessment. Before answering questions or uploading any file, remove contact details and any other personal information we don’t need about you or other people. Your report is made available to you through your account. We will not share your individual report with our partners except as explained in our Privacy Policy and, where applicable, in any programme-specific privacy information given to you.

Please note that the cyber aptitude assessments and reports created using the HAPTAI Platform may include AI Features (see paragraph 7 above for more information).

You will be able to revisit the results of your cyber aptitude assessment each time you log in to your account.

Disclaimer:

All cyber aptitude reports and resultant profiling (cybersecurity personas) are provided for general information purposes only with the aim of providing you with insights into your cyber skills, aptitudes and working styles. Any career pathway or role information in your report is indicative only and is not a definitive assessment of your suitability for any particular job role, job type or occupation.

Your scores are based on the information and evidence in your HAPTAI profile. If you think something in your scores or report looks wrong, you can ask us to review it by emailing haptai.support@thg-v.com.

Scores and reports reflect the information in your profile at the time they are generated. They may change if you add, change or remove information (including by disconnecting a Connected Service) or if we update our assessment methodology, and we may recalculate them accordingly. We do not guarantee that you will achieve any particular score, persona or result.

No guarantee of opportunities: Using the HAPTAI Platform, taking part in any programme or choosing to hear about career opportunities does not guarantee that you will be contacted about, offered or selected for any job, internship, placement, programme or other opportunity. Where an opportunity or programme is offered or run by a third party, decisions about it are made by that third party and we are not responsible for those decisions or for the third party’s programme.

Assessment integrity: You must complete the assessment yourself and only provide information and evidence that is accurate and relates to you. If we reasonably believe that information in your profile is inaccurate, does not relate to you or has been provided or generated in breach of these terms of use, we may disregard that information, adjust or withdraw your scores or report, or suspend your account.

Keep your account details safe

If you choose, or you are provided with, a username, identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username, identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that your account has been compromised, you must immediately notify us at haptai.support@thg-v.com.

We reserve the right to suspend your access to the HAPTAI Platform or your registration as a user immediately if you fail to comply, or we have reasonable grounds to believe that you are failing to comply with any of these terms of use or any document referred to in them.

Cancelling your account

You may close your account with us at any time by accessing the privacy settings in your account and selecting ‘Delete my account’. Please note that the closure of your account will not affect your obligations in relation to any services or information you have already received. You will no longer have any access to any of the information you have uploaded to your account or your cyber security aptitude profile upon termination of your account. How long we keep information after your account is closed is explained in our Privacy Policy.

• For business users only

If you are registered as a business user:

• you represent and warrant that you (the individual doing so) have the authority to act on behalf of and to bind the relevant legal entity.
• You agree to indemnify (i.e. compensate) us for any loss, damage, cost or expense we suffer as a result of a failure by you to observe and comply with the conditions of these terms of use or any document referred to in them.

9. TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

Nothing on the HAPTAI Platform is intended as a contractual offer for the provision of our goods or services capable of acceptance by you as principal or agent. Any transactions started via the HAPTAI Platform on the website represent an offer by you to transact on our terms, such offer only being accepted if subsequently confirmed by us in writing, usually via confirmation email.

10. INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in the website (which includes the HAPTAI Platform) and the material published on it (including without limitation photographs, logos, trademarks and graphical images)). Those works are protected by copyright, trade mark and other laws around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the website for your personal use and you may draw the attention of others within your organisation to material posted on the website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on the website (including those on the HAPTAI Platform) for commercial purposes or for any other purpose not permitted by these terms of use without obtaining a licence to do so from us or our licensors.

Our status (and that of any identified contributors) as the authors of content on the HAPTAI Platform and the website must always be acknowledged.

If you print off, copy or download any part of the HAPTAI Platform or any other part of the website in breach of these terms of use, your right to use the HAPTAI Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You may not copy, modify, create derivative works based upon, distribute, sell, lease or sublicense any portion of our website (which includes the HAPTAI Platform) or any data, information, software or services accessed via the same. You also may not reverse engineer or decompile our software or services, attempt to do so or assist anyone in doing so, unless you have our prior written consent.

“The Hacking Games” and accompanying logo are trade marks of THG Ventures Ltd. You are not permitted to use them without our written approval, unless they are part of material you are using and such use is strictly as permitted by these terms of use.

11. PLATFORM CONTENT – WHAT YOU NEED TO KNOW

The content on the HAPTAI Platform and, generally, our website is for general information only. Commentary, analysis and other materials contained on the HAPTAI Platform or the website are not intended to amount to advice on which you should rely. We will have no liability or responsibility for any reliance placed on such materials by any visitor to the HAPTAI Platform or, generally, our website, registered user or by anyone informed of any of its contents.

You must not act or refrain from acting based on any information you obtain from the HAPTAI Platform or any other part of our website unless you have obtained professional or specialist advice from a suitably qualified individual.

Although we make reasonable efforts to update the information on the HAPTAI Platform and, more generally, our website, we make no representations, warranties or guarantees, whether express or implied, that the content on the HAPTAI Platform and our website is accurate, complete or up to date.

If you have any concerns or questions about material which appears on the HAPTAI Platform, please contact haptai.support@thg-v.com .

12. UPLOADING CONTENT TO THE HAPTAI PLATFORM

Whenever you make use of a feature that allows you to create content directly on the HAPTAI Platform, upload or share content to the HAPTAI Platform, or to make contact with other users on the HAPTAI Platform, you must comply with the standards set out in these terms of use, particularly paragraphs 13 (Acceptable Use of the Platform) and 14 (User Content Rules) below.

We will consider any content you upload to the HAPTAI Platform for public access to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain. We will have no obligations in relation to such material.

You retain all of your ownership rights in your content, but you provide to us a worldwide, non-exclusive, royalty-free licence (which we may extend to our service providers acting on our behalf) to use, copy, store, analyse and display such material for the purposes of providing and operating the HAPTAI Platform (including generating your scores and report) and as otherwise described in our Privacy Policy and any programme-specific privacy information given to you, for as long as we hold such material in accordance with our Privacy Policy, and you confirm that you have all necessary rights and licenses to enable us to do so.

13. ACCEPTABLE USE OF THE PLATFORM

You may use the HAPTAI Platform only for lawful purposes.

• Prohibited Uses

You may not use the HAPTAI Platform:

• In any way that causes or is likely to cause, the HAPTAI Platform, our website or access to it to be interrupted, damaged or impaired in any way including (a) any part of the HAPTAI Platform or the website more generally; (b) any equipment or network on which the HAPTAI Platform or website is stored; (c) any software used in the provision of the HAPTAI Platform or our website; or (d) any equipment or network or software owned or used by any third party on which the HAPTAI Platform or our website relies in any way.
• In any way that breaches any local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To bully, insult, intimidate or humiliate any person.
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• In any way that breaches any copyright, database right, trade mark, confidentiality, privacy or any other proprietary information or right.
• To manipulate, circumvent or interfere with the AI Features or our scoring, including by prompt injection, jailbreaking or submitting content intended to influence your own or another user’s results.
• To scrape, harvest or extract data or content from the HAPTAI Platform, or to attempt to extract, copy or reverse engineer our AI models, prompts, scoring methodology or other non-public information.
• To submit information or evidence (including through a Connected Service) that does not relate to you or that you know to be false or misleading.
• By seeking to publish or publishing a fake review on our website - fake reviews include reviews that conceal that the reviewer has been incentivised in some way to post the review, or where the review contains information that is false or misleading.
• To send, knowingly receive, upload, download, share, post, use or re-use any material which does not belong to you or which do not comply with our terms and conditions, including our content rules set out in paragraph 14 below.

14. USER CONTENT RULES

The following content rules apply to any and all material (including any documents and images) which you upload, or share to the HAPTAI Platform or generate on the HAPTAI Platform (“Platform Contribution”), and to any interactive services associated with it (together, the “Content Rules”). The Content Rules also apply to any contact you make with other users on the HAPTAI Platform or our website, links to our website, and every other way you use our website (including via the HAPTAI Platform).

You and, any Platform Contribution you make, must comply with these Content Rules in spirit as well as to the letter.

We will determine, in our discretion, whether any Platform Contribution or your use of the HAPTAI Platform or, more generally, our website breaches these Content Rules. We reserve the right to remove, refuse, delete or edit any content that in our sole judgement violates these terms of use and, or terminate your permission to access or use of the HAPTAI Platform and/or our website.

All Platform Contributions must:

• be accurate (where it states facts);
• be genuinely held (where it states opinions); and
• comply with the law applicable in England and Wales and in any country from which it is posted.

A Platform Contribution must not:

• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• constitute or promote any illegal activity;
• be in contempt of court;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• give the impression that the Platform Contribution emanates from us, if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
• be pornographic; or
• contain content which is otherwise considered as being very harmful to children, including (without limitation) any:
  • Content which encourages, promotes or provides instructions for suicide;
  • Content which encourages, promotes or provides instructions for an act of deliberate self-injury;
  • Content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder;
  • Content which encourages, promotes or provides instructions for a challenge or stunt highly likely to result in serious injury to the person who does it or to someone else; or
  • Content which depicts real or realistic serious injury or violence against an animal (real or not).

15. CYBER OFFENCES

You must not attempt to gain unauthorized access to our website (which includes the HAPTAI Platform), the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them or locate anyone posting any material in breach of these terms of use. In the event of such a breach, your right to use our website will cease immediately.

Your permission to use the HAPTAI Platform does not authorise you to carry out any security testing, scanning or probing of the HAPTAI Platform, our website or our systems. If you believe you have found a security vulnerability, please report it to haptai.support@thg-v.com and do not test, exploit or disclose it.

16. BREACH OF ACCEPTABLE USE STANDARDS

When we consider that a breach of the acceptable use standards and content rules set out in paragraphs 13 to 15 above (“Acceptable Use and Content Standards”) has occurred, this will constitute a material breach of these terms, and we may take such action as we deem appropriate, including all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use the website;
• immediate, temporary or permanent removal of any Platform Contribution uploaded by you to the HAPTAI Platform as part of our website;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

You warrant that any Platform Contribution complies with the Acceptable Use and Content Standards, and you will be liable to us and indemnify us for any breach of that warranty.

This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We have the right to disclose your identity to any third party who is claiming that any Platform Contribution constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Platform Contribution if, in our opinion, the Platform Contribution does not comply with the Acceptable Use and Content Standards.

You can also report content or conduct that you think violates our Acceptable Use and Content Standards by emailing us at haptai.support@thg-v.com.

17. WE ARE NOT RESPONSIBLE FOR USER GENERATED CONTENT

The HAPTAI Platform may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on the HAPTAI Platform do not represent our views or values.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the HAPTAI Platform.

18. OUR LIABILITY AND RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a sale of any products to you, which will be set out in our Terms and Conditions which apply to the sale: https://www.thehackinggames.com/legals/terms.
• No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the website or by you entering into any contract to buy any goods or services from us.
• As identified in paragraph 7 above, we have no liability for any claim, loss or damage arising out of or relating to use (or misuse) of AI Features included in the HAPTAI Platform or any decision made in reliance of the HAPTAI Platform and any content made thereunder.
• As identified in paragraph 8 above, the outputs of the cybersecurity aptitude assessment and associated profiling are provided for general information purposes only - with the aim of providing users with insights into their cyber skills, aptitudes and working styles. Any career pathway or role information is indicative only and is not a definitive assessment of the user’s suitability for any particular job role, job type or occupation – nor are the results (including the reports from such exercise) intended to constitute advice or recommendation(s) that the user or any of our partners can rely on.

We will not be responsible for any delay or failure to provide the HAPTAI Platform or to perform our obligations under these terms of use caused by events outside our reasonable control.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to the HAPTAI Platform (and to our website more generally) or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the HAPTAI Platform (or our website more generally); or
• use of or reliance on any content displayed on the HAPTAI Platform or our website.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

• We only provide our website (which includes the HAPTAI Platform) for domestic and private use. You agree not to use our website (or the HAPTAI Platform via our website) for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
• Subject to the paragraph headed “Whether you are a consumer or a business user” above, as the HAPTAI Platform is provided to you free of charge, our total liability to you arising under or in connection with these terms of use and your use of the HAPTAI Platform shall not exceed £100.

19. GOVERNING LAW AND JURISDICTION

If you are a consumer, please note these terms of use are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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