Introduction and the Parties
These Terms of Service (the "Terms") govern your access to and use of any website, service, deliverable, or engagement operated by Planet B 21, LLC, a Wyoming limited liability company, under the HashSentinel product brand. In these Terms, "Planet B 21," "HashSentinel," "we," "our," or "us" refers to Planet B 21, LLC; HashSentinel is a B2B product brand of Planet B 21, LLC and is not a separate company.
"You," "Client," or "your" refers to the individual or, more commonly, the legal entity that engages us for services. By engaging us, signing a Statement of Work referencing these Terms, or otherwise instructing us to commence work, you agree to be bound by these Terms.
Definitions
- "Statement of Work" or "SOW"
- A written engagement document signed by both parties that describes the specific Services to be performed, the deliverables, the timeline, and the fees for a particular engagement.
- "Services"
- The cybersecurity assessment, hardening, monitoring, incident response, and related advisory services provided by us under a Statement of Work.
- "Deliverables"
- The reports, recommendations, configurations, playbooks, and other tangible work product produced by us in performance of the Services and identified as deliverables in a SOW.
- "Confidential Information"
- Has the meaning given in Section 8.
- "Client Systems"
- The networks, devices, software, accounts, and infrastructure operated by Client to which we are granted access in connection with the Services.
Eligibility and Engagement
Our Services are intended for businesses, operators of Bitcoin and cryptocurrency mining infrastructure, datacenter operators, hosting providers, and similar professional clients. We do not provide consumer cybersecurity services.
Each engagement begins with a written SOW that describes the scope, deliverables, fees, and any engagement-specific terms. The SOW, together with these Terms (as referenced therein), forms the binding agreement for that engagement. Where the SOW conflicts with these Terms, the SOW controls.
We may decline to engage any prospective client for any lawful reason, including but not limited to risk, scope, or capacity considerations.
Fees and Payment
Fees and payment terms are specified in each SOW. Unless otherwise stated:
- Retainers and recurring fees are billed in advance of the service period.
- Project-based fees are billed per the milestone schedule in the SOW.
- Time-and-materials fees are billed monthly in arrears.
- Reasonable, pre-approved out-of-pocket expenses are billed at cost.
Invoices are due within thirty (30) days of issuance unless otherwise stated. Past-due amounts accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower. Payments are processed by Stripe (card and ACH), by wire transfer for larger engagements, or by other methods agreed in the SOW. The merchant of record on every transaction is Planet B 21, LLC.
Client is responsible for all taxes applicable to the Services, except for taxes imposed on Planet B 21's net income.
Authorization and Scope of Work
Many of our Services involve activity on Client Systems that requires Client's specific written authorization. Client represents and warrants that:
- Client owns or has the unrestricted right to authorize testing, configuration changes, monitoring, and access to the Client Systems described in the SOW.
- If Client Systems are hosted by, operated by, or shared with a third party (including any pool, datacenter operator, hosting provider, cloud provider, or partner), Client has obtained any third-party consent necessary for our Services.
- Client will provide accurate information about the Client Systems, including network maps, account inventories, and any prior incident or compromise history relevant to the engagement.
Our Services are limited to the scope expressly described in the SOW. We do not perform unauthorized intrusion, unauthorized data exfiltration, or any activity outside the scope. Client agrees to indemnify Planet B 21 for any third-party claim arising from a misrepresentation by Client regarding authorization, ownership, or third-party consent.
Performance and Client Cooperation
We will perform the Services in a professional manner, using reasonable skill and care consistent with industry standards. We make no guarantee that the Services will detect or prevent every possible security issue, threat, or compromise. The cybersecurity threat landscape is dynamic and adversarial; we provide our best professional effort, not a guarantee of outcome.
Client agrees to provide timely cooperation, including:
- Access credentials, network access, or remote access tooling as required by the SOW.
- A designated point of contact with authority to make engagement decisions.
- Reasonable response times to information requests during active engagements.
- Prompt review and acceptance of Deliverables per the SOW timeline.
Delays caused by Client's failure to cooperate may extend the timeline and may, in some cases, increase fees as agreed in writing.
Acceptance of Deliverables
Unless the SOW specifies otherwise, Client has ten (10) business days from receipt of a Deliverable to provide written notice of any material non-conformity with the SOW. If Client does not provide notice within that period, the Deliverable is deemed accepted. If Client provides timely notice of material non-conformity, we will use commercially reasonable efforts to correct the non-conformity at no additional charge.
Acceptance of a Deliverable does not waive any other rights under these Terms or the SOW.
Confidentiality
In the course of an engagement, each party may receive information designated by the other party as confidential or that a reasonable person would consider confidential under the circumstances ("Confidential Information"). Confidential Information includes, without limitation, network designs, security findings, vulnerability details, source code, configurations, business plans, customer lists, and incident details.
Each party agrees to:
- Use the other party's Confidential Information solely to perform or receive the Services.
- Protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar sensitivity, and in no event less than reasonable care.
- Not disclose the other party's Confidential Information to any third party other than its employees, contractors, professional advisors, and counsel who have a need to know and who are bound by confidentiality obligations no less protective than these.
Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was lawfully in the receiving party's possession before disclosure; (c) is independently developed by the receiving party without use of the other party's Confidential Information; or (d) is rightfully obtained from a third party without restriction.
Each party may disclose the other's Confidential Information to the extent required by law, court order, or regulation, provided that, to the extent legally permitted, the disclosing party gives prompt written notice so the other party may seek a protective order.
These confidentiality obligations survive termination of any engagement for a period of five (5) years, except that obligations regarding trade secrets continue for as long as the information remains a trade secret.
Sensitive Findings and Vulnerability Disclosure
In the course of performing Services, we may identify vulnerabilities, misconfigurations, exposures, or evidence of prior compromise on Client Systems or in third-party software, hardware, or services used by Client ("Sensitive Findings"). Sensitive Findings are Confidential Information of Client and will be reported only to Client's designated point of contact.
Client agrees that we may, at our discretion and in accordance with industry-standard responsible disclosure practices, report a vulnerability we identify in third-party software or hardware to the affected vendor, provided that we will not disclose Client-identifying information without Client's prior written consent.
Where the law or our professional obligations require us to report a finding (for example, in the case of certain regulatory or law-enforcement notifications), we will notify Client promptly to the extent legally permitted before making any such report.
Intellectual Property
Subject to Client's full payment under the SOW, we assign to Client all right, title, and interest in the Deliverables specifically identified in the SOW as Client deliverables, excluding our pre-existing tools, methodologies, frameworks, templates, software, and know-how ("Background IP").
Background IP remains the property of Planet B 21. To the extent any Deliverable incorporates Background IP, we grant Client a worldwide, non-exclusive, perpetual, royalty-free license to use that Background IP solely as embedded in the Deliverable for Client's internal business purposes.
Nothing in these Terms transfers or licenses any rights in Client's Confidential Information or pre-existing materials to us, except the limited rights necessary to perform the Services.
We may use anonymized, aggregated learnings from engagements (lessons learned, generalized threat patterns, sanitized statistics) to improve our Services and to publish industry research, provided that no Client is identifiable from the published material without that Client's prior written consent.
Acceptable Use
Client agrees that it will not, and will not permit any third party to:
- Use the Services in violation of any applicable law, regulation, or sanctions program.
- Use the Services to attack or compromise systems Client does not own or have authorization to test.
- Misrepresent its identity, authority to engage us, or ownership of Client Systems.
- Use Deliverables to enable malicious activity, including unauthorized intrusion against any third party.
- Resell, rebrand, or sublicense the Services or Deliverables without our prior written consent.
Termination
Either party may terminate an engagement for material breach by the other party that is not cured within thirty (30) days of written notice. Either party may terminate immediately if the other party becomes insolvent, makes a general assignment for the benefit of creditors, or is subject to bankruptcy or similar proceedings.
On termination of an engagement, Client will pay for all Services performed and approved expenses incurred through the effective date of termination. Sections covering confidentiality, intellectual property, indemnification, limitations of liability, and any other provisions that by their nature should survive will survive termination.
Disclaimers
Limitation of Liability
These limitations apply notwithstanding the failure of any limited remedy of its essential purpose. The limitations do not apply to: (a) Client's payment obligations; (b) either party's indemnification obligations under Section 15; or (c) liability that cannot be limited under applicable law.
Indemnification
Client will defend, indemnify, and hold harmless Planet B 21 and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's breach of Section 5 (Authorization and Scope of Work); (b) Client's use of Deliverables in violation of these Terms or applicable law; (c) Client's breach of these Terms or any SOW; or (d) Client's gross negligence or willful misconduct.
Governing Law; Arbitration; Class-Action Waiver
These Terms are governed by the laws of the State of Wyoming, without regard to conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or any engagement will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in Wyoming. Judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights, enforce confidentiality obligations, or address unauthorized access to systems.
Modifications to the Terms
We may modify these Terms by posting an updated version at hashsentinel.com/terms and at planetb21.com/terms. Material changes will be communicated to active Clients by email or in-engagement notice. Continued engagement after the effective date of the updated Terms constitutes acceptance, except that any active SOW is governed by the version of these Terms in effect on the SOW execution date unless the parties agree otherwise in writing.
Miscellaneous
These Terms, together with each applicable SOW and any policies referenced herein, constitute the entire agreement between Client and Planet B 21 regarding the Services. If any provision is found unenforceable, the remaining provisions remain in full effect. Failure to enforce any right is not a waiver. Client may not assign these Terms or any SOW without our prior written consent; we may assign freely. The parties are independent contractors, and these Terms do not create any agency, partnership, joint venture, or employment relationship.
Contact
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