Terms of Service
Please read these terms carefully before purchasing or using any Hex Recon product or service.
Last updated: April 2026
This document contains important legal limitations on how you may use Hex Recon hardware and payloads. Use of our products constitutes your agreement to these terms. If you do not agree, please do not purchase or use our products.
1. Acceptance of Terms
By accessing the Hex Recon website, creating an account, or purchasing any product, you agree to be legally bound by these Terms of Service, our Privacy Policy, and our Refund and Shipping Policies. If you are purchasing on behalf of a business or organisation, you confirm that you have the authority to bind that entity to these terms.
3. Compliance with New Zealand Crimes Act 1961
You expressly acknowledge that under New Zealand law, specifically the Crimes Act 1961:
- Section 249 — It is a criminal offence to access a computer system for a dishonest purpose, carrying penalties of up to 7 years imprisonment.
- Section 252 — It is a criminal offence to access a computer system without authorisation, carrying penalties of up to 2 years imprisonment.
You further acknowledge that New Zealand ratified the Budapest Convention on Cybercrime (effective December 2025 via the Budapest Convention and Related Matters Legislation Amendment Act 2025), which significantly broadens international law enforcement cooperation. The use of Hex Recon tools in any manner that violates the Crimes Act 1961 or any equivalent legislation in your jurisdiction is strictly prohibited.
4. GhostKey Nano — Hardware Distribution & User Provisioning
The GhostKey Nano is classified as dual-use hardware. To comply with New Zealand law and mitigate the risk of misuse, Hex Recon employs the following bifurcated distribution strategy:
- All GhostKey Nano devices are shipped blank — containing only a foundational runtime environment with no pre-loaded payloads.
- Educational payloads are hosted on the open-source Hex Recon GitHub repository and must be downloaded and written to the device solely by the end user.
- By downloading and installing any payload, you accept sole legal responsibility for all use of that payload.
- Hex Recon is legally insulated from the act of weaponisation by design. You are the operator; you bear full responsibility.
5. Prohibited Use
You must not use any Hex Recon product, payload, or service to:
- Access, monitor, or intercept any computer system, network, or device without explicit authorisation from the owner
- Conduct any surveillance, data exfiltration, or packet interception on networks you do not own or have written permission to audit
- Bypass, defeat, or circumvent authentication mechanisms without the system owner's consent
- Disrupt, degrade, or interfere with network services, infrastructure, or critical systems
- Conduct any activity that constitutes a criminal offence under the Crimes Act 1961, the Computer Fraud and Abuse Act, or any equivalent legislation
- Redistribute or resell Hex Recon payloads for commercial gain without written permission
Hex Recon does not condone, facilitate, or provide assistance for any illegal activities. Any suspected misuse may be reported to New Zealand Police and relevant authorities.
6. Consumer Guarantees Act 1993
Hex Recon acknowledges its obligations under the Consumer Guarantees Act 1993 (CGA). Our hardware products are guaranteed to be of acceptable quality, fit for their described purpose, and match their product descriptions. Where a product fails to meet CGA guarantees, we will provide a repair, replacement, or refund as appropriate. These rights cannot be excluded and apply in addition to any other remedies available to you.
7. Fair Trading Act 1986
All product descriptions, capability claims, and pricing on the Hex Recon website are made in good faith and are truthful and accurate to the best of our knowledge. All prices are displayed in New Zealand Dollars (NZD) inclusive of GST. Hex Recon does not engage in misleading or deceptive conduct as prohibited by the Fair Trading Act 1986.
8. Electronic Contract Formation
Under the Electronic Transactions Act 2002 and the Contract and Commercial Law Act 2017, your agreement to these Terms constitutes a valid and binding electronic contract. By ticking the acceptance checkbox at checkout, you confirm that you have read, understood, and agree to be bound by these Terms of Service. This is a required step — Hex Recon products may not be purchased without this acknowledgement.
9. Law Enforcement Cooperation
Under the Budapest Convention on Cybercrime (effective in New Zealand from December 2025) and the Search and Surveillance Act 2012, Hex Recon may be required to respond to preservation directions or production orders from law enforcement. If we receive such a direction in relation to a customer's account or order, we will comply as required by law. Where legally permissible, we will attempt to notify the affected customer.
10. Limitation of Liability & Indemnification
Hex Recon Limited provides all products and services 'as is' for defensive security education. To the maximum extent permitted by New Zealand law, Hex Recon Limited, its directors, employees, and contractors accept no liability for any direct, indirect, incidental, special, or consequential damages arising from your use or misuse of our products. You agree to indemnify and hold Hex Recon Limited harmless from any and all claims, losses, damages, or legal costs (including solicitor fees) arising from your breach of these Terms or any applicable laws.
11. Intellectual Property
All content, product designs, firmware architecture, payload frameworks, trademarks, logos, and branding remain the exclusive intellectual property of Hex Recon Limited. No part of our products, documentation, or source code (beyond what is explicitly released as open-source on our GitHub) may be reproduced, reverse-engineered, or used for commercial purposes without prior written permission from Hex Recon Limited.
12. Changes to These Terms
Hex Recon reserves the right to update these Terms of Service at any time. We will notify registered customers of material changes via email. Your continued use of our platform after notification constitutes acceptance of the revised Terms.
13. Contact & Legal Notices
For legal enquiries, compliance matters, or to report suspected misuse, contact us at [email protected]. Hex Recon Limited is incorporated and operates under the laws of New Zealand.
Questions About This Policy?
Our team is based in New Zealand and typically responds within 1–2 business days.