Terms of Use

CYWARENESS Ltd. – Terms of Use

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR PLATFORM AND/OR WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS. YOU SHOULD READ THROUGH ALL THE TERMS CAREFULLY AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PLATFORM IN ANY MANNER.

These Terms of Use (the “Terms”) are a binding contract between you, the User, and Cywareness Ltd. and any of its subsidiaries and affiliated companies (the “Company”, “we”, “us” or “our”). By accessing or using our Platform (as defined below), you acknowledge that you have read and understood and agree to comply with the terms and conditions below, and these Terms will remain in effect at all times while you use the Platform.

1. In these Terms the following terms have the meanings ascribed to them:

1.1. “Employer” means your employer or the organization you are otherwise engaged with, (regardless of the legal form of engagement, as a contractor, agent or any kind of individual service provider) which is a legal entity that has signed a commercial agreement to license our Platform and to enable you to use the Platform.

1.2. “Platform“ means our professional cyber awareness platform and our public website available at https://cywareness.io providing marketing materials and professional information regarding our services and products; for clarity, the term ” Platform” includes all visual, audio, numeric, graphical, text or other data or content, which is displayed or made available through the cyber awareness platform, Platform or otherwise by us (together “Content”) on the Platform.

1.3. “User” or “you” means any natural person visiting and/or using our Platform, under our agreement with such persons employer.

1.4. “User Data” means any Personal Data and/or Non Personal Data, as such terms are defined in our Privacy Policy available at https://cywareness.io/privacy-policy/ (“Privacy Policy”), or other information relating to the User which is collected, processed or accessed while a User browses or uses the Platform.

2. The Platform may only be used in compliance with all applicable laws and for legitimate purposes. The Platform and other related services are a tool for the use of your employer and you as its employee for your own/corporation non-commercial purposes and for no other purpose.

3. Company and User’s Employer: User hereby acknowledges and agrees to the following terms:

a) The Employer is the entity which decides at its sole discretion to provide you with authorization to register to the Platform and open a personal account (the “Account”).

b) Manager’s responsibilities: If you are a User appointed by the Employer as a Manager (as defined in the Privacy Policy) you shall use the authorizations provided to you to administer the use of the Platform by the Users from your Employer, strictly as instructed by the Employer.

c) If you are a User, you hereby acknowledge and agree that the Employer and the Manager shall have access to the information accumulated on your User Account and may use such information in any disciplinary actions against you as permitted under applicable laws to which the Employer is subject. The company shall have no liability with respect to any use made by the Employer and/or Manager of the User Account information including any Personal Information (as defined in the Privacy Policy). If you have any concerns or inquiries relating to the access to and use of the information on your Account by your Employer, please address your Employer.

d) The Employer may instruct the Company to terminate or block the User’s access to the Platform at any time without prior notice. The Company shall abide the instructions of the Employer with respect to your use of the Platform and shall have no liability whatsoever to any damages or inconvenience caused to you with respect to such termination or blocking.

4. User Responsibility. User represents and warrants that: (i) the User Data and all other data you provide is accurate and complete, lawful and non-infringing. (ii) your use or access of the Platform will not: (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) create or cause any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) create or cause situations or environments where any failure or time delays of, or errors or inaccuracies in, the Content, or information on any systems of any third party could lead to death, personal injury, or severe physical or environmental damage; (e) create or cause any damages, corruption, loss, interferences, security intrusions or any failure of any systems in your control, possession, or your business operations, or any systems of any third-party.

5. Restrictions. Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Platform or Content to any third party, including, but not limited to your affiliates and ; (ii) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform; (iii) reverse engineer, decompile or disassemble, decrypt or attempt to derive the source code of, the Platform, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Platform, or any part thereof; (v) use any robot, spider, scraper or other automated means to access or monitor the Platform or Content for any purpose; (vi) take any action that imposes or may impose (at the Company’s sole discretion) an unreasonable or disproportionately large load on the infrastructure which supports the Platform; (vii) interfere or attempt to interfere with the integrity or proper working of the Platform, or any related activities; (viii) use the Platform in any unlawful manner or for any harmful, irresponsible or inappropriate purpose, or in breach of these Terms. Without derogating from the above, each User agrees to be liable to the Company for any act or omission of anyone on its behalf using the Platform that would constitute a breach of these Terms if such acts or omissions were performed by the User.

6. Security. The Company agrees during the provision of the Platform to implement reasonable security measures to protect User Data and will, at a minimum, utilize industry standard security procedures, as described in our Privacy Policy. However, because of the nature of the Internet and your employer’s unknown security level, the Company cannot ensure and we shall not be held liable for that the Platform will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse (“Faults”) and the Company shall not be held liable for any damage caused as a result of your use of the Platform, it’s unavailability, any error or Faults in the Platform.

7. Links to Other Websites. The Platform may provide links to the Platforms or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by the Company of such third-party sites, or the quality, suitability or accuracy of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that the Company, its directors, officers, employees, agents, service providers and representatives, other third parties, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.

8. Intellectual Property.

8.1. Platform and Content. Title and full, exclusive ownership rights in the Platform (and all parts of either, including the Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data related to your usage of the Platform (excluding User Data), are the exclusive property of the Company. You do not obtain any rights in our technology or intellectual property. You will not remove, alter, or obscure any proprietary notices (including copyright notices) of the Company on the Platform. Any suggestions, recommendations, improvements, inventions and feedback by you or by anyone on your behalf in connection with the Platform, and the produce of the Company are the sole property of the Company, irrespective of the creator.

8.2. User Data. The intellectual property and all other rights, title and interest of any nature in and to User Data are and shall remain your exclusive property. Except as expressly set forth herein or in your employment agreement with you employer, nothing in these Terms shall be construed as transferring any rights, title or interests in User Data to the Company or any third party.

9. Privacy and Data Protection. You acknowledge and agree that we will use any Personal Data that we may collect or obtain in connection with the Platform in accordance with our Privacy Policy available at https://cywareness.io/privacy-policy/. Other than our security obligations under Section ‎6, we assume no responsibility or liability for User Data, and you shall be solely responsible for User Data and the consequences of using, disclosing, storing, or transmitting it. You represent that you will not share and/or transmit to us through our communication channels on the Platform, any Personal Data that you are not authorized to share or transmit, and/or any Personal Data violates the privacy rights of any other individual. In addition, you acknowledge and agree that due to the nature of your use of the Platform is by virtue of your employer’s relationship with us, your employer might be exposed to the User Data and all other content inserted and provided by you during the use of the Platform.

10. Warranty and Disclaimer

10.1. THE PLATFORM AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM AND CONTENT WILL MEET USER’S REQUIREMENTS OR THAT THE CONTENT IS ACCURATE OR UP TO DATE. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THEPLATFORM AND CONTENT. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2. THE COMPANY DOES NOT WARRANT THAT THE ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL VULNERABILITIES AND DEFECTS WILL BE DETECTED, OR THAT THE PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.

YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

10.3. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

11. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES, OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES, RELATED TO OR IN CONNECTION WITH THE PLATFORM OR CONTENT MADE AVAILABLE ON OR THROUGH THE PLATFORM, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS, ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THE CONTENT, OR PLATFORM OR ANY DECISION MADE IN RELIANCE ON THE CONTENT CONTAINED ON OR ACCESSIBLE THROUGH THE PLATFORM. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THE PLATFORM IS TO DISCONTINUE USING THE PLATFORM AND THE RELATED CONTENT.

THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION ‎10 SHALL APPLY: (I) EVEN IF THE COMPANY, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).

NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.

12. Indemnification by User. User shall indemnify, defend and hold harmless the Company, its affiliates and its and their respective officers, directors and employees from and against any and all claims, damages, actions and causes of action in connection with the Platform, or in connection with any distribution, publication, exportation, disclosure, misuse or misconduct by User, or fraudulent behavior by User.

13. Modifications to Platform/Content. You acknowledge and agree that the Company reserves the right to change, modify, amend, suspend or discontinue any aspect of the Platform or Content at any time, without notice and without liability to you or any other third party. If you do not agree to the new or different terms, you should not use and are free to discontinue using the Platform.

14. Termination. The Company may terminate your and/or your employer use of the Platform at any time and without prior written notice in any case you have breached these Terms. We shall not be liable to you or any third party for termination of your use of or access to the Platform, or any portion thereof. Any provision of these Terms which is intended to survive termination shall survive termination of these Terms.

15. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

16. Choice of Law and Venue. These Terms shall be construed and governed in accordance with the laws of the State of Israel (except for conflict of law provisions) and the competent courts of the Tel-Aviv-Jaffa District, Israel shall have exclusive jurisdiction in any conflict or dispute arising out of these Terms.

17. General. (i) These Terms and the Privacy Policy represent the complete agreement concerning the Platform between you and the Company. (ii) Section headings are provided for convenience only and have no substantive effect on construction. (iii) The failure of the Company to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. (iv) These Terms may not be assigned by User without our prior written consent.

18. Email Extensions. Cywareness offers email extensions on both the Gmail and Outlook email clients. Cywareness will not collect personal data from the email body, email subject or email headers with an exception to links discovered in the email body that will be used to analyze and provide information regarding the suspicious links to the user in the email extensions. By using the email extensions you agree to have Cywareness analyze and store information regarding links which includes but is not limited to the domain, query strings and protocol all found in the link free of charge for research and commercial purposes.

Last Updated: July 06, 2020