logo

Select Sidearea

Populate the sidearea with useful widgets. It’s simple to add images, categories, latest post, social media icon links, tag clouds, and more.
[email protected]
+1234567890
mobile-logo

CYWARENESS

END USER LICENSE AGREEMENT

Last update at 25.03.2025

1. Definitions

a. “Cywareness Platform” means the Cywareness phishing simulation, cyber awareness and training Platform.
b. “End User” means a customer who was granted with a license to use the Cywareness Platform for such customer’s internal use only and not for resale, remarketing, redistribution or other transfer of such Cywareness Platform to any other person or entity.
c. “Intellectual Property Rights” means all worldwide: (a) patents, patent applications and patent rights; (b) rights associated with works of authorship, including copyrights, copyrights applications, copyrights restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information;

2. End User will: (i) use the Cywareness Platform only up to the specified number of licenses for its internal business purposes; (ii) use the Cywareness Platform in compliance with all applicable laws and regulations; (iii) be responsible for its authorized users’ use of the Cywareness Platform as permitted in this End User Agreement and for its authorized users’ unauthorized use of the Cywareness Platform or their breach of the End User Agreement.

3. Cywareness or its licensors retain all rights, title and interest, including intellectual property rights, in and to the Cywareness Platform and any related services (including professional services), including specifications, materials and user manuals provided by Cywareness. End User shall not: (i) attempt to hack, reverse engineer, decompile, or disassemble the Cywareness Platform or any part thereof for any purpose; (ii) represent that it possesses any proprietary interest in the Cywareness Platform; (iii) directly or indirectly take any action to contest any intellectual property rights or infringe them in any way; (iv) copy any features, functions or graphics of the Cywareness Platform or use it to build a competitive product or service.

4. End User shall not use the Cywareness Platform: (i) for any illegal or fraudulent activity; (ii) to violate the rights of others; (iii) to threaten, incite, promote or actively encourage violence, terrorism or other serious harm; (iv) for any content or activity that promotes child sexual exploitation or abuse; (v) to violate the security, integrity or availability of any user, network, computer or communications system, software application, or network or computing device; (vi) to distribute, publish, send or facilitate the sending of unsolicited mass email or other messages, promotions, advertising or solicitations (or “spam”).

5. As part of End User’s use of the Cywareness Platform, including support services, End User may receive access to applications, materials, services, data and information, such as location, which are provided by a third party and is made available to End User through use of the Cywareness Platform (“Third Party Content”). End User is responsible for compliance, including compliance by its authorized users, with any terms which apply to Third Party Content. End User acknowledges Cywareness makes any Third Party Content available “AS IS” without support (unless otherwise specified), representations or warranties of any kind.  Cywareness may suspend or terminate provision or availability of any Third Party Content at any time without any liability, and such suspension or termination will not be deemed a breach of the End User Agreement.

6. End User retains all right, title and interest, including intellectual property rights, in and to End User Data. End User grants Cywareness a license to use, reproduce, transmit and analyze End User Data, solely as required to provide the Cywareness Platform to End User (including performance of operations by the Cywareness Platform in accordance with the End User Agreement), and to provide support services and professional services, if applicable. End User acknowledges it is responsible for its compliance with any applicable data retention laws. End User is solely responsible for the retention of End User Data for any applicable retention periods and for the purposes of any subsequent data requests. “End User Data” means data (including personal data of employees), records, reports, recordings and files End User or its Authorized Users enter into the Cywareness Platform, including the content of any message, video, or chat sent or received using the Cywareness Platform, or which are otherwise generated by End User or its Authorized Users through access or use of the Cywareness Platform. End User Data includes log information from End User’s use of the Cywareness Platform, such as log data from use of the Cywareness Platform which is stored in Events History. End User Data does not include Third Party Content.

7. Cywareness shall have no liability for any and all claims, penalties, demands, losses, costs, expenses, obligations, liabilities and damages of whatever nature and kind, arising from or in connection with: (i) any acts or omissions, negligence, willful misrepresentation or fraud of End User or any of its employees, agents, officers or directors arising out of or in connection with the Cywareness Platform; (ii) any breach of End User’s representations, warranties and undertakings; or (iii) any third party claim, investigation or proceeding arising out of or related to End User’s use of the Cywareness Platform or any software, product or service offered by us in connection with the Cywareness Platform.

8. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYWARENESS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, AND CYWARENESS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES – STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. CYWARENESS FURTHER DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE CYWARENESS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

9. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYWARENESS’ MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE CYWARENESS PLATFORM SHALL NOT EXCEED US$100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CYWARENESS BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA (INCLUDING END-USER INFORMATION), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT CYWARENESS HAS BEEN ADVISED OF