These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and services offered by Cyberou (“Cyberou,” “we,” “us,” or “our”) (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.
1. The Services
Cyberou provides cybersecurity-focused content, research, and related marketing services as described on our site or in a separate order, statement of work, or agreement (“Order”). If an Order conflicts with these Terms on a specific point, the Order controls for that point only.
2. Accounts and eligibility
You must provide accurate registration information and keep it current. You are responsible for safeguarding credentials and for activity under your account. Notify us promptly of unauthorized use. We may suspend or terminate accounts that violate these Terms or present security risk.
3. Acceptable use
You agree not to misuse the Services, including by: violating law or third-party rights; probing, scanning, or testing vulnerabilities without authorization; interfering with or disrupting the Services; distributing malware; harvesting data without consent; impersonating others; or attempting to gain unauthorized access to systems or data. We may investigate and cooperate with law enforcement regarding violations.
4. Your content
You retain ownership of materials you submit (“Customer Content”). You grant Cyberou a non-exclusive license to host, process, display, and use Customer Content as reasonably necessary to provide and improve the Services and as described in an Order. You represent that you have the rights needed to grant this license and that Customer Content does not violate law or third-party rights.
5. Cyberou materials
The Services, including software, designs, text, graphics, logos, and documentation, are owned by Cyberou or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms or an Order, no rights are transferred to you.
6. Confidentiality
Each party may receive non-public information from the other (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information and use it only for the purpose of the relationship. Obligations do not apply to information that is public, independently developed, or rightfully received from a third party without duty of confidentiality.
7. Fees
If you purchase paid Services, fees, taxes, and payment terms are set forth in the applicable Order. Late payments may incur interest or suspension of Services as permitted by law and the Order.
8. Disclaimers
EXCEPT AS EXPRESSLY STATED IN AN ORDER, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBEROU DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBEROU AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL. CYBEROU’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID CYBEROU FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), IF NO FEES APPLIED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED.
10. Indemnity
You will defend and indemnify Cyberou and its affiliates, officers, and employees against third-party claims, damages, and costs arising from Customer Content, your use of the Services in violation of these Terms, or your violation of law or third-party rights.
11. Term and termination
These Terms remain in effect while you use the Services. We may suspend or terminate access for breach, risk, or as described in an Order. Provisions that by their nature should survive (including ownership, confidentiality, disclaimers, limitations, indemnity, and governing law) will survive termination.
12. Changes
We may modify these Terms by posting an updated version on this page and updating the “Last updated” date. Continued use after changes become effective constitutes acceptance. For material changes to paid Services, we may provide additional notice as required by law or contract.
13. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules. Courts in Delaware (or the federal courts located there, where jurisdiction exists) have exclusive jurisdiction over disputes, unless applicable law requires otherwise.
14. General
These Terms, together with the Privacy Policy and any Order, constitute the entire agreement regarding the Services. If a provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets.
15. Contact
Questions about these Terms: Contact us.
Related: Privacy Policy.