Terms of service

Service Description

PacketSafari is a packet capture analysis tool as SaaS (software-as-a-service). It allows users to share packet captures PCAPs (also known as trace files or network captures with the file extensions ".pcap" or ".pcapng") and analyze them. The uploaded PCAPs are stored and indexed in a database and can be accessed through a web analyzer interface.

Definitions

  • An "Account" represents your legal relationship with PacketSafari. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on PacketSafari.
  • "Content" refers to content featured or displayed through the Website, including without limitation PCAPs, code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
  • "PacketSafari", "We", Our", and "Us" refer to Ripka Technologies S.L., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  • The "Service" or Services refer to the applications, software, products, and services provided by PacketSafari.
  • "The User", "You", and "Your" refer to the person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.
  • The "Website" or "Sites" refer to PacketSafari's website located at *.packetsafari.com and *.wavepacket.de, and all content, services, and products provided by PacketSafari at or through the Website. It also refers to PacketSafari-owned subdomains of *.packetsafari.com.

Agreement to terms

By using the *.packetsafari.com and *.wavepacket.de (our "Sites"), our product, and services ("PacketSafari" or referenced as the "Service") you are agreeing to be bound by the following terms and conditions ("Terms and conditions"). These Terms also govern any PCAPs, text (comments, metadata, tags, analyses, profile data), files (mainly PCAPs but colorrule files, settings files), information, audio, graphics (avatars), URLs (links), video, photos (avatars) or other materials downloaded, uploaded or appearing on the PacketSafari service. The Terms also apply to any content within the PCAPs. Any reference to "your" or "you" refers to you as a user of PacketSafari, any reference to "us", "our", we", or "PacketSafari" is to Ripka Technologies S.L., a Spanish limited company with the registered NIF B02732717. PacketSafari (this service) is owned by Ripka Technologies S.L., Calle Reina 10 - Bajo, Valencia, Spain.

By using any part of PacketSafari, you consent and agree to these Terms of Service ("Terms") including terms that affect your legal rights or limit our liability, any incorporated and referenced policies and guidelines, such as our PacketSafari Community Guidelines and Privacy Policy and any additional terms specific to your particular use of PacketSafari which become part of your agreement with us.

The PacketSafari Community Guidelines explain how to share PCAPs safely on PacketSafari.

The terms of our Privacy Policy explains how we may use, collect and share personal information you provide to us.

If you are using the PacketSafari on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms and that business accepts these Terms.

Code of Conduct: How you can't use our Service

  • Providing an open and safe service for a community requires that everybody does their part. The restrictions on your use of PacketSafari include the following.
  • You can't do anything misleading, unlawful, fraudulent or for an illegal or unauthorized purpose.
  • You can't do anything that violates someone else's rights or post someone else's confidential or private information without permission, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
  • You can't license, sell any account or data obtained from us or our PCAP analysis including transfer of any rights granted to you under the Terms.
  • You can't use PacketSafari in any way that does not comply with any applicable national, local, or international regulation or law.
  • You can't translate, modify, resell, distribute, copy, republish, display publicly, upload, post, create derivative works of, or reverse engineer PacketSafari, its components or any information and material from PacketSafari. You can't use PacketSafari in any ways that could indirectly or directly harm, hinder, or compete with PCAP analysis.
  • You can't use PacketSafari to expose anybody to harm or for any illegal activity.
  • You can't attempt to attack or attack PacketSafari or our Sites with DoS / DDOS (denial of service) attacks.
  • You can't use or acquire PCAPs except as precisely allowed by PacketSafari. You can't use or attempt to use PacketSafari to access or misappropriate content contained in any PCAP, extract information in any way that could identify individual persons, attempt to access or otherwise use PacketSafari or PCAP for any reason other than to analyze PCAPs in am organizational or non-commercial personal capacity.
  • You can't engage in anything that interferes with, damages, overloads or impairs the intended operation of PacketSafari.
  • You can't attempt to create accounts or gain access to PacketSafari, our Servers, our Database, *.packetsafari.com, or *.wavepacket.de or collect information in unauthorized ways.

Public PCAPs

Unpaid / unsubscribed users can not enable PCAPs to be private. All PCAPs uploaded by unsubscribed users are public.

Private PCAP

Short version: We treat the content of private PCAPs as confidential, and we only access it as described in our Privacy Statement - for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents violate the law, or with your consent.

1. Control of Private PCAP

Some (paid) Accounts may have private PCAPs, which allow the User to control access to Content. Unpaid / unsubscribed users can not enable PCAPs to be private.

2. Confidentiality of Private PCAPs

PacketSafari considers the contents of private PCAPs to be confidential to you. PacketSafari will protect the contents of private PCAPs from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

PCAPs personnel may only access the content of your private PCAPs in the situations described in our Privacy Policy.

You may choose to enable additional access to your private PCAPs. For example:

  • You may enable various PacketSafari services or features that require additional rights to Your Content in private PCAPs. These rights may vary depending on the service or feature, but PCAPs will continue to treat your private PCAP Content as confidential. If those services or features require rights in addition to those we need to provide the PCAPs Service, we will provide an explanation of those rights.

Additionally, we may be compelled by law to disclose the contents of your private repositories.

PacketSafari will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under the law, for automated scanning, or if in response to a security threat or other risk to security.

Account Terms

  • You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
  • You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts
  • You must be age 13 or older. While we are thrilled to see brilliant young packet analysts get excited by learning to analyse, we must comply with law. PacketSafari does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User's Account immediately. If you are a resident of a country with a different minimum age; you are responsible for complying with your country's laws.
  • Your login may only be used by one person -- i.e., a single login may not be shared by multiple people.
  • You may not use PacketSafari in violation of export control or sanctions laws of the applicable jurisdiction.

Safe Usage

You are exclusively responsible for safeguarding your account. Use a strong unique password and limit the use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above or actions taken on PacketSafari using your credentials. You must not allow any other person to use your account to access PacketSafari. You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person's account to access PacketSafari, unless you have that person's express permission to do so.

Public access to PacketSafari is free of charge. PacketSafari offers many functionalities that require the creation of an account and a PacketSafari Subscription ("Subscription"). Depending on the information provided in the registration and by submitting information to your profile, your account may uniquely identify you. Any analyses, tag, post, comments, metadata annotations, data contained within your uploaded PCAPs or other activity on PacketSafari when using your account generates content attributed to you ("Content").

To become a subscriber to PacketSafari, you must pay the applicable subscription fees after you have registered for an account with our *.packetsafari.com and your free trial of 7 days expired. We will provide you with an acknowledgement of your order. If your order is accepted, we will provide you with an order confirmation.

Pricing

Our pricing and payment terms are available at *.packetsafari.com. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

All amounts stated in these terms and conditions or on our website are stated inclusive of VAT unless otherwise stated.

If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

Upgrades, Downgrades, and Changes

  • For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on *.packetsafari.com in relation to your subscription type.

  • We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

  • We will immediately bill you when you upgrade from the free plan to any paying plan.

  • If you change from a monthly billing plan to a yearly billing plan, PacketSafari will bill you for a full year at the next monthly billing date.

  • If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.

  • You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.

Billing Schedule; No Refunds

Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

At the end of any period of Plan / Subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on *.packetsafari.com before the date of renewal.

Invoicing For invoiced Users, User agrees to pay the fees in full, upfront without deduction or setoff of any kind, in EURO. User must pay the fees within thirty (30) days of the PacketSafari invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, PacketSafari reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on PacketSafari's net income) that are imposed or become due in connection with this Agreement.

Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for PacketSafari.

Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay PacketSafari any charge incurred in connection with your use of the Service. If you dispute the matter, contact PacketSafari Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

Free trial

PacketSafari offers a 7 days to newly registered users. The account will be charged based on the chosen subscriptions at the end of the trial period.

  • We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

  • If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

  • If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

    • an amount equal to the amount of the charge-back
    • all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
    • an administration fee of EUR 50.00 including VAT; and
    • all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back

  • If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

  • We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

Cancellation and Termination

Account cancellation

It is your responsibility to properly cancel your Account with PacketSafari. You can cancel your Account at any time within the logged-in area. The Account screen provides a simple, no questions asked cancellation link.

Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled. Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

We may terminate

PacketSafari has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. PacketSafari reserves the right to refuse service to anyone for any reason at any time.

Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination -- including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Communications with Us

Electronic Communication Required

For contractual purposes, you consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

Communications made through email or PacketSafari Support's messaging system will not constitute legal notice to PacketSafari or any of its officers, employees, agents or representatives in any situation where notice to PacketSafari is required by contract or any law or regulation. Legal notice to PacketSafari must be in writing to this mail address.

No Phone Support

PacketSafari only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

Our Community Guidelines

We created the Community Guidelines so you can help us contribute and protect this community. By using PacketSafari, you agree to these guidelines and our Terms of Service. Breaking these boundaries may result in disabled accounts, deleted content, or other restrictions.

All Content is the sole responsibility of the person who originated such Content. By contributing to PacketSafari you confirm that all content contained in the PCAP complies with Privacy Policy and these Terms.

You also confirm that you have the necessary rights and permissions to irrevocably contribute to the PCAP and share it, and information about it, with the Community.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us.

You understand that if you upload any PCAP, the PCAP is immediately shared with us and the public (if you don't have a paid subscription).

Your submissions of files including, but not limited to: PCAP, coloring rules, images, texts, and pictures hereby constitutes your agreement to grant PCAP a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant PacketSafari the right to utilize your public PCAPs as a basis for marketing blog posts. To the extent this agreement is not enforceable by applicable law, you grant PacketSafari the rights we need to use your PCAPs without attribution and to make reasonable adaptations of PCAPs as necessary to render the Website and provide the PacketSafari service.

YOU AGREE THAT IN ANY CASE, YOU WILL NOT CONSCIOUSLY SUBMIT ANY PCAP TO PACKETSAFARI THAT CONTAINS CONFIDENTIAL OR PERSONAL OR SENSITIVE DATA OF ANY INDIVIDUAL WITHOUT LAWFUL PERMISSION. AS A FREE USER YOU AGREE THAT YOU WILL ONLY CONTRIBUTE PCAP THAT YOU WISH TO PUBLICLY SHARE. THE ABOVE ALSO APPLIES TO SUBSCRIPTION USERS WITH THE EXCEPTION THAT YOU CAN RESTRICT PUBLIC ACCESS TO YOUR CONTENT.

Even though we have no obligation to monitor use of PacketSafari, Content or any PCAPs, we may monitor PacketSafari to detect and prevent violations of these Terms or fraudulent activity and retain absolute discretion to remove PCAPs, Content or users from PacketSafari for any reason and at any time without notice. Generally accounts and PCAPs uploaded by the Community and other Content (for example, comments, analyses, etc.) will not be deleted from PacketSafari, unless they are illegal, have any other unethical purpose, or violate individual rights or these Terms.

IF YOUR INTENTION IS NOT TO PUBLICLY SHARE A PCAP IN THE MANNER SET OUT IN THESE TERMS OR IN THE PRIVACY POLICY, DO NOT SEND UPLOAD IT TO PACKETSAFARI AS PACKETSAFARI WORKS THROUGH THE SHARING OF PACKET CAPTURES WITH AND THROUGH THE COMMUNITY. NOTE THAT AS A REGISTERED USER YOU HAVE THE OPTION TO RESTRICT PUBLIC ACCESS TO YOUR PCAP.

Changes in Service

PacketSafari provided by PacketSafari is constantly evolving, and the form and nature of PacketSafari that PacketSafari provides may change from time to time without prior notice to you. Any changes to PacketSafari, including the release of new PacketSafari features, are subject to the Terms then in effect. In addition, PacketSafari may stop (permanently or temporarily) providing PacketSafari (or any features within PacketSafari) without providing prior notice. We also retain the right to create limits on your use of PacketSafari including storage, at our sole discretion, at any time without prior notice to you.

Disclaimers

Your access to and use of PacketSafari is at your own risk. You understand and agree that PacketSafari is provided to you on an "AS IS" WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PACKETSAFARI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT PACKETSAFARI ARE ACCURATE, RELIABLE OR CORRECT; THAT PACKETSAFARI WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT PACKETSAFARI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Service or any third-party content or websites accessed through, or in any way in conjunction with, PacketSafari.

PacketSafari may contain links to third-party websites or resources, which in turn may contain comments and/or posts with non-anchored linked URLs. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PacketSafari of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources and acknowledge that user comments on URLs and PCAPs in the PacketSafari, on the Sites, and in connected third-party resources, may contain links leading to malicious content.

ALL THIRD PARTY MATERIALS ON THE PacketSafari ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PacketSafari DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DEMANDS, SUITS OR ACTIONS, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF THE USE OR ATTEMPTS TO USE SUCH THIRD PARTY MATERIALS.

Other than as may be required by regulation or law or as set laid out our Privacy Policy, you agree that PacketSafari has neither liability nor responsibility for the failure to store or transmit or the deletion of any PCAP, Content or communications maintained by PacketSafari.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PACKETSAFARI AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE PACKETSAFARI; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) ANY CONTENT OBTAINED FROM PACKETSAFARI; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS, PCAPs OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PACKETSAFARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Spain. The Spanish courts will have exclusive jurisdiction over any claim arising from, or related to, PacketSafari although we retain the right to bring proceedings against you for breach of the Terms in your country of residence or any other relevant country.

Changes to Terms

Please note that we may update and amend these Terms from time to time and any changes will be posted on the Sites. By continuing to access the PacketSafari after any changes become effective, you agree to be bound by the revised Terms.

About These Terms

The failure of PacketSafari to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

If you have any doubts as to whether your use of PacketSafari complies with these Terms or have a concern with any aspect of the Sites or PacketSafari, please contact us.

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