Ather Energy Private Limited (hereinafter referred to as “Ather”, “we”, “us”, “Company” or “our”) is committed to conducting its business transparently and, the safety and security of our users and customers' information are of utmost importance. Our Responsible Vulnerability Disclosure Program ( also referred to as “RVDP or Program”) offers a way for security researchers such as you (hereinafter referred to as “Participants” “Security Researchers”, “You”, “Your”) as participants for this Program to identify and report vulnerabilities on our platforms, identified as eligible for this Program, while being acknowledged and rewarded for their efforts. By participating, You hereby irrevocably agree to comply with these Terms and Conditions of the Program.
Capitalized terms used and not otherwise defined herein that are defined in the Program Document or website terms and conditions shall have the meanings given such terms in the Program Document or such website terms and conditions. As used in this Agreement, the following terms shall have the following meanings:
”Confidential information” shall mean all information supplied in confidence by the Company to the Participant, which may be disclosed to the Participant or otherwise acquired by the Participant during its performance under this Program including
All information which a reasonable person would consider confidential under the context of disclosure or due to the nature of the information itself, and shall include technical and non-technical information, intellectual property rights, know-how, designs, techniques, plans, procedure, improvement, technology or method, object code, source code, databases or any other information relating to the Company’s product, work in progress, future development of the Company’s product.
Marketing strategies, plans, financial information, projections, operations, sales estimates, shareholding patterns, business plans and performance results relating to the past, present or future business of the Company, plans for products or services, and customer or supplier lists
The content, the technical documents and all information in relation to the Company’s product this Agreement
Any information which may be communicated.
1.1. Participants: any natural person or legal entity, joint-stock company, partnership, branch, association, joint venture, consortium, incorporated or unincorporated enterprise, or Authority.
1.2. The “Software” shall mean any and all software applications associated with the dashboard of the Ather`s electric vehicle along with the source code and object code form and any updates or upgrades to the “Software” which are proprietary products of Ather or licensed to us and as per Program document is eligible under this Program.
1.3. “Vulnerability” means a weakness that can be exploited to have unauthorized access to a computer system or unlawful gains from such a weakness.
1.4. “Vulnerability Severity” Severity of a vulnerability is determined based on security impact. Below are the severity levels for any vulnerability (a) critical, (b). high, (c) medium, (d) low.
1.5. “Working Days” means any day other than a Saturday, Sunday or gazetted holidays.
In case of any breach by Security Researcher of rules or Terms and Conditions of the Program or any additional terms released by Ather, Ather may, at its sole discretion, terminate his or her participation in the Program without giving any further notice. In certain instances, any previous contributions may also be deemed invalid. Ather also retains the right to withdraw the Program at any time, without any liability or consequences.
3.1. You shall not use the name or copyrights or trademarks of Ather for advertising or any other publications or in any other manner without the prior written consent of the Company.
3.2. You shall keep in strict confidence and shall not, without the prior written consent of the Company, use for a purpose other than for the purpose of this Program or disclose to any third party any information relating to this Program, any information related to Company’s business howsoever acquired, directly or indirectly, trade secrets, the information or data received from Company or any other data pertaining to Company that may come into Your possession in any form during the course of participation for this Program including information having commercial value, any Intellectual Property of the Company including but not limited to the use of any name, copyrights and trademarks of the Company and other information of a confidential nature acquired in the course of participation for this Program (“Confidential Information”).
3.3. You shall not commercially exploit or otherwise share any data including the details of Company’s customers` or users information in any form.
3.4. Your obligation under this clause shall continue to survive for a period of five (5) years after the completion of your participation in this Program.
4.1. You agree to disclose in writing to Company all notes, documents, information, documentation, improvements, works of authorship, processes, techniques, know-how, hardware, circuits, computer programs, databases, user interfaces, encoding techniques, and other materials or works of any kind that You may make, conceive, develop or reduce to practice, in connection with your participation in this Program or that result from or that are related to the Program, whether or not they are eligible for patent, copyright, mask work, trade secret, trademark or other legal protection (collectively, “Work”). All Work shall be work for hire for the Company.
4.2. You cannot use any part of the details of your participation in the Program Services or use Company’s name and/or logo for the purpose of its own promotion or otherwise including but not limited to putting up, uploading and sharing any material on any website, blog, social networking sites etc. You and Company agree that, to the fullest extent legally possible, all Work will be works made for hire or commissioned Work owned exclusively by Company.
4.3. Any solutions, recommendations, or suggestions that you provide to Ather through this program, will immediately become the property of Ather without any limitations or exceptions.
You must comply with all applicable local, state, national and laws in connection with its use, including those laws related to data privacy, international communications, and the transmission of technical or personal data. You shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other Intellectual Property Right without first obtaining the permission of the owner of such rights. You must comply and ensure that its personnel comply with all applicable laws and regulations (applicable laws and regulations). Company has no tolerance for bribery or corruption in any aspect of its business.You shall not participate in, facilitate or permit any form of corruption, bribery, kickback, extortion, embezzlement or money laundering, whether with respect to public officials or to any other person. You shall comply strictly with all applicable laws and regulations and with Company’s policy. The participation in the Program can not be assigned, delegated, sold or transferred, whether by operation of law or otherwise. Breach of this clause shall be deemed a material breach of this Program entitling the Company to render your submission invalid and result in complete disqualification from the Program.
The Participant undertakes to treat and maintain all Confidential Information in confidence. With respect thereto, the Participant undertakes and agrees as follows:
These Terms do not create a joint venture or partnership between the Parties.
For a period of 5 (five) years the Participant shall not publish, disseminate, disclose any Confidential Information.
The Participant shall use the Confidential Information only in connection with the Purpose and for no other reason whatsoever
The Participant shall not copy or reproduce to writing any part of the Confidential Information and any copies, reproductions or reductions to writing of the Confidential Information which have already been made by the Parties shall be the property of the Company.
The Participant shall not, from the date of agreeing to these Terms and Conditions, independently develop or have developed for itself products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information of the Company or the Purpose, which development shall be construed as a violation of the obligations of the Participant under these Terms.
6.1. Participants shall indemnify and hold Company, its promoters, officers, directors, employees, affiliates, agents, sub-contractors and other representatives harmless from any claims, demands, liabilities, suits, proceedings, penalties, costs or expenses of any kind (including, attorneys’ fees and expenses) arising out of or in connection with (i) infringement of Intellectual Property rights of Company by the You or its personnel; (ii) infringement of third party intellectual property rights by the You or its personnel; (iii) violation of any Applicable Laws and statutory obligations by the You or its personnel; (iv) negligence and/or misconduct by the You or its personnel; (v) breach of any obligation, terms, representation, warranties and covenants under this Program; (vi) breach of confidentiality obligations under this Program and/or (vii) any damage to property and/or bodily injury or death caused due to your negligence.
6.2. This provision shall survive the expiration of your participation for the Program. Notwithstanding anything to the contrary elsewhere contained in this Program, Company, in any event, regardless of the form of claim, shall not be liable for any indirect, special, punitive, exemplary, speculative or consequential damages, including, but not limited to, any loss of use, loss of data, business interruption, and loss of income or profits, irrespective of whether it had an advance notice of the possibility of any such damages.
7.1. Nothing contained in any of the Program document mentioned hereinabove shall be construed to obligate the Company to disclose any information to the Participant or create any obligation on Company.
7.2. The laws of India shall be the applicable law for this Program. The courts of Bangalore in India shall have the exclusive jurisdiction to adjudicate upon any or all disputes arising out of or in connection with this Program.
7.3. Vulnerabilities deemed as accepted risks by Ather will not be eligible for any reward and recognition.
The Program, including its policies, may be altered or terminated by Ather at any time without prior notice. Ather reserves the right to make changes to the rules, guidelines terms and conditions of the Program, or its policies, by posting updated versions on its website. By continuing to participate in the Program after any changes have been posted, you automatically agree to abide by the revised terms.
The failure of the Company to insist upon or enforce strict performance of any of the terms in any of the Program document mentioned herein or to exercise any rights or remedies mentioned hereinabove, shall not be construed as a waiver or relinquishment to any extent of the Company’s rights to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall remain in full force and effect.