Effective Date: June 17, 2025
Last Updated: June 17, 2025
Acceptance of Terms
Please read theseTerms and Conditions (“Terms”) carefully before using the Penchuk Cyber DDoS Simulation Platform (“the Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use thePlatform. These Terms constitute a legal agreement between you (the certified end user) and Penchuk Cyber (“Company”, “we”, or “us”) governing your use of the Platform.
Authorized Users and Eligibility
AuthorizedUsers Only: Access to the Platform is strictly limited to individuals who have successfully completed Penchuk Cyber’s official training and certification program for DDoS simulation. You may use the Platform only if you are a certified professional(“Certified User”) verified by Penchuk Cyber. We perform identity and qualification verification during the training and certification process to ensure that only authorized professionals gain access. By using the Platform, you represent and warrant that you are a Certified User in good standing.
Unauthorized access by any individual who is not certified is prohibited. If your certification expires or is revoked by Penchuk Cyber, your authorization to use the Platform is immediately terminated.
Authorized Simulation Targets
You must obtain explicit authorization from Penchuk Cyber for each target system or network you intend to test using the Platform. Before initiating any DDoS simulation, you are required to submit details of the proposed target to Penchuk Cyber and receive written approval confirming that the target is authorized for testing. Each simulation engagement is approved on a case-by-case basis; unauthorized testing on any target is strictly prohibited. Conducting DDoS simulations against any system without Penchuk Cyber’s prior explicit consent is a serious violation of these Terms and may be unlawful. Penchuk Cyber reserves the right to deny or revoke authorization for any proposed target at its sole discretion. You are solely responsible for ensuring that you have all necessary permissions (from the target system’s owner or other relevant authority) before testing a target. Any use of the Platform on an unauthorized or unapproved target will result in immediate suspension or termination of your access and may subject you to legal action.
Permitted Use and Restrictions (Self-Use Only) Penchuk Cyber grants Certified Users a personal, non-transferable, limited license to use thePlatform in accordance with these Terms. Self-Use Only: The Platform may only be used by you, the certified end user who obtained access. You may not share, sell, rent, sublicense, or otherwise allow any third party to access or use your account or the Platform. Resale or redistribution of the Platform, whether in its original form or as part of any service, is strictly prohibited. You further agree that you will not use the Platform on behalf of, or for the benefit of, any person or entity who is not a Certified User. All login credentials (usernames, passwords, multi-factor tokens) are for your personal use only and must be kept confidential. You are responsible for all activity that occurs under your account. In using thePlatform, you also agree to the following additional restrictions and obligations:
• No UnauthorizedActivities: You will only use the Platform for legitimate, authorized DDoS simulation test son approved targets. You will not use the Platform for any purpose that is unlawful, unauthorized, or beyond the scope of Penchuk Cyber’s intended use(for example, launching actual disruptive attacks outside of agreed simulations).
• No Interference or Misuse: You shall not attempt to interfere with or disrupt the Platform’s functionality, security, or performance. This includes refraining from reverse engineering, decompiling, copying, or creating derivative works from the Platform software or any of its components. Any attempt to bypass security measures or to use thePlatform in a manner not permitted by these Terms is prohibited.
• No Third-Party Access: You will not permit any person who is not an authorized Certified User to view or use the Platform, whether by sharing your credentials, by proxy, or by any other means. You may not use thePlatform to perform services for others (such as conducting DDoS tests for a third party) without Penchuk Cyber’s prior written approval.
• Compliance withTraining: You agree to follow all guidelines, rules, and best practices provided during Penchuk Cyber’s training and certification program. The techniques and features available on the Platform must be used in accordance with the ethical and legal guidelines outlined by the Company. Any breach of the above usage restrictions is considered a material violation of these Terms and can lead to immediate suspension or termination of your account (see Compliance and Enforcement below).
No GeographicalRestrictions (Global Use)
Penchuk Cyber imposes no geographical restrictions on where the Platform may be accessed or used. As a Certified User, you are permitted to use the Platform from any location worldwide, provided you comply with all other provisions of these Terms. You are responsible for ensuring that your use of the Platform is in compliance with any local laws or regulations applicable in your jurisdiction. If certain jurisdictions have laws that would restrict authorized DDoS simulation activities, you agree to abide by those laws even while using the Platform globally. Penchuk Cyber does not restrict access based on geography, but it remains your responsibility to adhere to all relevant laws wherever you operate the Platform.
Monitoring,Logging, and Privacy
Activity Logging: You acknowledge and agree that Penchuk Cyber may monitor and log all activity on the Platform for security, performance, and compliance purposes. All actions taken using your account (such as simulation start times, target details, commands executed, and network traffic generated) may be recorded. This logging is primarily to ensure users adhere to these Terms and to investigate any suspected violations or security incidents.
Privacy: Penchuk Cyber is committed to protecting your privacy and will handle any personal data or log data collected from the Platform in accordance with our Privacy Policy and applicable data protection laws. Logged information will generally include technical data and user activity records, and not the content of any external systems you test. Such data will be used strictly for purposes including compliance verification, security monitoring, improving the Platform, and as evidence in the event of suspected misuse. We will not disclose your activity logs to unauthorized parties, except (i) as needed for internal administration and Platform maintenance, (ii) as required to respond to your support inquiries, or (iii) if obligated by law or court order, or to cooperate with law enforcement or regulatory authorities in an investigation. By using the Platform, you consent to this monitoring and logging of your activities. Please note that you should have no expectation of absolute privacy concerning your usage of the Platform, given that activity is monitored for legitimate purposes. However, Penchuk Cyber will not monitor the content of any simulated attack beyond what is necessary to ensure the simulations are within authorized parameters.
Compliance and Enforcement
You agree to use thePlatform in full compliance with these Terms and all applicable laws. Any violation of theseTerms is grounds for enforcement action by Penchuk Cyber. Penchuk Cyber may take one or more of the following actions in response to a breach or suspected breach of theseTerms:
• Suspension of Access: We may immediately suspend your account and access to the Platform if we suspect or detect any violation of these Terms or any unauthorized or unlawful activity. Suspension may occur with or without prior notice in order to protect the integrity of the Platform and the security of others.
• Termination and Revocation: Confirmed violations will result in termination of your account and revocation of your certification and authorization to use the Platform. Termination may be immediate and without prior notice. Once terminated, you must cease all use of the Platform, and any continued access or attempt to access the Platform will be considered unauthorized.
• Investigations: Penchuk Cyber reserves the right to investigate any alleged breach of these Terms. You agree to cooperate fully with any investigation into your use of the Platform. Failure to cooperate, or providing false or misleading information during an investigation, constitutes a further breach of these Terms.
• Legal Action: If your misuse of the Platform causes harm, damage, or violates the rights of Penchuk Cyber or any third party, Penchuk Cyber reserves the right to pursue legal action against you. This may include civil legal action to recover damages and/or reporting your conduct to law enforcement authorities if it involves potential criminal activity (for example, conducting unauthorized attacks on systems without consent).
• Costs and Indemnification: To the extent permitted by law, you may be held liable for any costs, losses, or damages incurred by Penchuk Cyber as a result of your breach of these Terms.This includes liability for Penchuk Cyber’s expenses (such as attorneys’ fees and legal costs) and any third-party claims or penalties arising from you run authorized use or misuse of the Platform. Penchuk Cyber also reserves the right to disable or delete any data, results, or configurations in your account that were obtained through violation of these Terms. We may additionally notify affected third parties (such as the owner of an improperly targeted system) or relevant authorities about any incidents of unauthorized testing, as appropriate. Enforcement of these Terms is at Penchuk Cyber’s sole discretion. Any failure or delay by Penchuk Cyber to enforce a provision of these Terms in a particular instance shall not constitute a waiver of our rightto enforce these Terms in the future or in other instances.
Intellectual Property Rights
All rights, title, and interest in and to the Platform, including all software, code, algorithms, documentation, user interfaces, know-how, trademarks, logos, and other intellectual property(collectively, “Intellectual Property”), are and shall remain the exclusive property of Penchuk Cyber and its licensors. These Terms do not grant you any ownership of the Platform or its Intellectual Property; you are granted only a limited, revocable right to access and use the Platform as expressly permitted under these Terms.
PlatformLicense Limitations: You shall not engage in any of the following prohibited activities with respect to the Platform or any portion of it:
• Copy, download, reproduce, or distribute the Platform software, documentation, or any other component of thePlatform (except for caching or as necessary for your personal authorized use).
• Modify, adapt, translate, or create derivative works based on the Platform or any part thereof.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Platform, except to the limited extent allowed by applicable law notwithstanding this prohibition.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices affixed to or contained within the Platform, the documentation, or any reports or output generated through use of the Platform.
• Use any Penchuk Cyber name, logo, or trademark in any manner (such as in promotional material or advertising) without our prior written consent, except as necessary to factually reference the Platform.
Feedback: If you provide any feedback, suggestions, or ideas to Penchuk Cyber regarding the Platform or related services, you agree that Penchuk Cyber is free to use and incorporate such feedback in its products and services without obligation or compensation to you.You grant Penchuk Cyber a perpetual, irrevocable, worldwide, sublicensable license to use any feedback you provide for any purpose. All rights not expressly granted to you in these Terms are reserved by Penchuk Cyber. Any unauthorized use of the Platform or Penchuk Cyber’s intellectual property is a violation of these Terms and may also violate applicable copyright, patent, trademark, or other laws.
Disclaimer of Warranties
Use at Your Own Risk: The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Penchuk Cyber disclaims all warranties and representations, express or implied, regarding the Platform and any results or outcomes of use. This disclaimer includes, but is not limited to, any implied warranties of merchant ability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or usage of trade. Penchuk Cyber does not guarantee that the Platform will meet your requirements or that operation of the Platform will be uninterrupted, timely, secure, or error-free. You acknowledge that DDoS simulation testing inherently carries certain risks, and while the Platform is designed for controlled simulations, Penchuk Cyber makes no warranty that use of the Platform will not result in any disruptions, damages, or unintended effects on your target systems or networks. You assume all risk regarding the results and performance of any simulations conducted using the Platform.
No advice or information, whether oral or written, obtained by you from Penchuk Cyber or through the Platform shall create any warranty not expressly stated in theseTerms. Penchuk Cyber does not warrant or guarantee that any information, data, reports, or results generated by the Platform will be accurate, complete, or sufficient for your purposes, or that using the Platform will result in your systems becoming secure or free of vulnerabilities. Some jurisdictions do not allow the exclusion of certain warranties. To the extent such laws apply to these Terms, the above exclusions shall apply to the fullest extent permitted by law, and any implied warranties that cannot be disclaimed are limited to the shortest duration and minimum scope permitted.
Limitation ofLiability Limitation of Liability: To the fullest extent permitted by applicable law, Penchuk Cyber and its officers, directors, employees, agents, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever. This limitation applies to any damages or losses, including without limitation those for lost profits, lost or corrupted data, business interruption, replacement services, or any other commercial or economic loss arising out of or related to your use of (or inability to use) the Platform, or from the results of any DDoS simulation performed using the Platform. These limitations apply whether the claim is based in contract, tort (including negligence), strict liability, or any other legal theory, and even if Penchuk Cyber has been advised of the possibility of such damages. In no event shall Penchuk Cyber’s total aggregate liability for all claims arising from or related to these Terms or your use of the Platform exceed the total amount of fees (if any) that you paid to Penchuk Cyber for use of the Platform in the twelve (12) months immediately preceding the event giving rise to the liability, or US$100.00 if you have paid no such fees, whichever amount is greater. This limitation is cumulative and will not be increased by the existence of more than one claim.
Liability for Unauthorized Use: Penchuk Cyber shall not be responsible or liable for any consequences, losses, or damages arising out of your use of the Platform in violation of these Terms.You are solely liable for any damage to Penchuk Cyber, to yourself, or to any third party that results from your intentional misuse of the Platform or breach of these Terms (for example, running an unapproved attack or sharing access with an unauthorized user). Penchuk Cyber will not assume any liability for your unauthorized or unlawful use of the Platform. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, the liability of Penchuk Cyber and its affiliates shall be limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Penchuk Cyber and its officers, directors, employees, agents, affiliates, and partners (collectively, the “IndemnifiedParties”) from and against any and all claims, demands, suits, or proceedings brought by any third party, and all related liabilities, damages, losses, judgments, and expenses (including reasonable attorneys’ fees and costs),arising out of or relating to: (a)your use or misuse of the Platform; (b) your violation of any provision of these Terms or any applicable law or regulation; or (c) your infringement or misappropriation of any intellectual property or other rights of a third party. This indemnification obligation includes any claims arising from DDoS simulations or other actions you conduct using the Platform that were not explicitly authorized or that otherwise violate these Terms, and which result in damage toor infringement upon the rights of any third party. Penchuk Cyber reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such a case, you agree to cooperate with Penchuk Cyber in the defense of that matter and to not settle any such claim without the prior written consent of Penchuk Cyber. You further agree that you will promptly notify Penchuk Cyber of any such claim of which you become aware. This indemnification provision shall survive the expiration or termination of your use of thePlatform or these Terms.
Governing Law and Jurisdiction
These Terms, and any dispute arising out of or related to these Terms or the use of the Platform, shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles. You and Penchuk Cyber agree that all disputes shall be subject to the exclusive jurisdiction of the state located in Tel Aviv, Israel. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute, and you waive any objections to the exercise of jurisdiction over you by those courts or to the venue of such courts (including any claim of inconvenient forum). If you are located outside of the United States or Delaware, you agree that you are nonetheless expressly consenting to the jurisdiction of the Delaware courts as set forth above, and that any laws or legal requirements of your own locality will not apply to any disputes between you and Penchuk Cyber related to these Terms. The parties agree that the United Nations Convention on Contracts for theInternational Sale of Goods (CISG) shall not apply to this Agreement.
Miscellaneous
Changes to Terms: Penchuk Cyber may modify or update these Terms from time to time. If we make material changes, we will provide notice to Certified Users (for example, by email or via the Platform interface). The updated Terms will be effective as of the time of publication (or as otherwise stated at the time of notification).Your continued use of the Platform after any updated Terms become effective constitutes your acceptance of the revised Terms. It is your responsibility to review the Terms periodically for updates. If you do not agree to a change in the Terms, you must stop using the Platform.
EntireAgreement: These Terms (along with any documents incorporated by reference, such as the Penchuk Cyber Privacy Policy) constitute the entire agreement between you and Penchuk Cyber regarding your use of the Platform. They supersede all prior or contemporaneous understandings, communications, and agreements, whether written or oral, regarding the subject matter. No oral or written information or advice given by Penchuk Cyber or its representatives shall create any warranties or in any way increase the scope of the obligations under these Terms, unless expressly included herein.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remainder of the Terms shall continue in full force and effect. Any invalid or unenforceable provision will be interpreted so as to bestaccomplish the intent of the original provision to the fullest extent permitted by law.
NoWaiver: The failure of Penchuk Cyber to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Penchuk Cyber. Unless expressly stated otherwise, the exercise of any remedy under these Terms by Penchuk Cyber is without prejudice to its other remedies.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms to any other person or entity without the prior written consent of Penchuk Cyber. Any attempted assignment in violation of this provision is null and void. Penchuk Cyber may freely assignor transfer its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Relationship of Parties: Nothing in these Terms shall be construed to create any partnership, joint venture, employer-employee, or agency relationship between you and Penchuk Cyber. You are an independent user of the Platform, and neither party has the authority to bind the other or to incur any obligation on the other’s behalf.
ContactInformation: If you have any questions, concerns, or inquiries about these Terms or the Platform, you may contact Penchuk Cyber at support@penchukcyber.com or by mail at the address provided on our official website. All notices required or permitted to be given to Penchuk Cyber under these Terms shall be in writing and delivered to the contact address above (or any updated address we provide), and will be deemed given when received by Penchuk Cyber. By using the Penchuk Cyber DDoS Simulation Platform, you acknowledge that you have read, understood, and agree to all of the above Terms and Conditions.