THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE AND SERVICES.
1. Overview
CYBER Difend INC. (“Company”, “us”, “our”, or “we”) specializes in providing cyber security as a service (the “Services”). We use our website (the “Website”) to provide you (“you”, “your”, “user(s)”) with information about our Services. Access and use of our Website and Services, is subject to your acceptance of and compliance with these terms of use (the “Terms of Use”) and our privacy policy found at [INSERT LINK] (the “Privacy Policy”). By using the Website or Services, you indicate your acceptance of the Terms of Use and Privacy Policy. If you do not accept the Terms of Use and Privacy Policy, then do not use our Website or Services. CYBER Difend INC. (“Company”, “us”, “our”, or “we”) specializes in providing cyber security as a service (the “Services”). We use our website (the “Website”) to provide you (“you”, “your”, “user(s)”) with information about our Services. Access and use of our Website and Services, is subject to your acceptance of and compliance with these terms of use (the “Terms of Use”) and our privacy policy found at https://cyberDifend.com/privacy.html (the “Privacy Policy”). By using the Website or Services, you indicate your acceptance of the Terms of Use and Privacy Policy. If you do not accept the Terms of Use and Privacy Policy, then do not use our Website or Services.
2. Modifications to Terms of Use
The Company may change or amend the Terms of Use from time to time and any changes or amendments will become effective upon our posting of the revised Terms of Use on this page. You can determine when the Terms of Use were last revised by referring to the “LAST UPDATED” reference expressly provided. It is your responsibility to check this page periodically for changes. Your use of the Website or Services after any changes or amendments to the Terms of Use will signify your, and be conclusively deemed, acceptance of the Terms of Use, as changed or amended.
3. Availability
Our Website and Services may be available through certain mobile devices. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible for you to access the Website or Services through your mobile device. We cannot guarantee that the Website or Services will be available 100% of the time. Although we strive to provide the most reliable Website and Services possible, interruptions and delays in access are unavoidable and we disclaim any liability for damages resulting from such problems.
4. Restrictions on Use of Website
You will use the Website or links to other websites from the Website (the “Linked Sites”) in accordance with all applicable laws. You will not: (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (iv) use the Website to execute denial of service attacks; or (v) use the Website to generate unsolicited email advertisements or spam. Under no circumstances will you use the Website or Linked Sites in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Website. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Website or any material retrieved from the Website to create products or perform services which compete or interfere with the Services of the Company.
5. Pricing
(a) Free Trial Your use of our Services may start with a free trial for a fixed period as specified at the time of sign up. Free trials are only available for new users and are at the sole discretion of the Company. We reserve the right to revoke your free trial at any time. Unless you cancel before the end of the trial period, your free trial will automatically roll over to a paid subscription. (b) Automatic Renewal After your first year of using our Services, your engagement with us will automatically renew for additional year renewal terms unless you notify us of your intention not to renew at least fourteen (14) days prior to the end of any term. (c) Payment Subject to any free trial period, upon issuance of an invoice, all payments will be automatically processed by a third party processor. Therefore, you must provide a valid credit card to the Company to use our Services. Our Services will be billed annually. We will send you an invoice to the email you provided. All fees as indicated on our Website are exclusive of federal, provincial, state, local or other governmental sales, goods and services, or other taxes. If any fees billed to your credit card are not processed for any reason, we may suspend your subscription until the payment is made in full. You may choose any of our Services, as listed on the Website. We may from time to time provide additional Services. Such additional Services and their pricing will be confirmed via email or invoice. We reserve the right to vary the fees billed for our various services from time to time but only for the next and subsequent billing periods. In that event, we will give you thirty (30) days’ notice of the change before it will come into effect. If you do not cancel your subscription within fourteen (14) days of the notice of variation, you will be deemed to have accepted the variation. You hereby acknowledge and agree that any payment made by you for our Services is non-refundable.
6. Disclaimer of all Representations, Warranties and Conditions
WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO: THE CAPABILITY AND EFFECTIVENESS OF THE SERVICES, THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, WITHOUT DELAY OR FAILURE, OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED. WE HEREBY RENOUNCE ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE 100% EFFECTIVE OR ERROR FREE. ANY INFORMATION OR MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, USING OR RELYING ON ANY SUCH MATERIAL. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES ARE FREE OF CONTAMINATING OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED, OFFERED OR PROVIDED BY LINKED SITES OR THIRD PARTY PROVIDERS AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
7. Limitation of Liability and Indemnificatio
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, OUR SERVICES OR ANY INFORMATION CONTAINED THEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES). THESE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU WILL INDEMNIFY AND HOLD THE COMPANY AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY). You expressly acknowledge that the Company is making the Services, Website and any Linked Sites available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the Terms of Use. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by the Company of your use of, or access to, the Website or Services.
8. Exclusions
Unless otherwise indicated, our Services will not include any of the following: (a) parts, equipment or software not covered by a vendor/manufacturer warranty or support; (b) the cost of any parts, equipment or shipping charges of any kind; (c) the cost of any software, licensing or software renewal or upgrade fees of any kind; (d) the cost of any third party vendor or manufacturer support or incident fees of any kind; (e) the cost to bring user’s environment up to minimum standards required for the Services; (f) service and repair required due to alteration or modification of equipment other than that authorized by the Company including alterations, software installations or modifications of equipment made by user’s employees or anyone other than the Company; (g) maintenance fees of third party applications software packages, whether acquired from the Company or any other source; (h) open source software applications, whether acquired from the Company or any other source; (i) programming (modification of software code), program (software), custom scripts, the related maintenance and administration; (j) training services of any kind; (k) moves and upgrades to hardware, replacement of hardware (servers, firewalls, etc.) and operating system upgrades on those systems (all patching and updates are included); (l) the setup of additional devices including but not limited to servers, firewalls or new sites; (m) support will not be provided for equipment and applications that are not user owned (i.e. third party, consultants and contractors); and (n) servers.
9. Termination
We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or Services (or portions thereof). You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third party for any termination of your access to the Website or Services.
10. Copyright and Trademark InformatioN
The Website, and the information and materials therein, is the property of the Company, its subsidiaries and affiliates, and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission. You will not attempt to override or circumvent any of the usage rules or restrictions on the Website. We reserve the right to take such steps as deemed necessary, including without limitation legal action, to restrain unauthorized activity.
11. General
(a) The Terms of Use and Privacy Policy constitute the entire agreement between you and the Company with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied. (b) Headings. The headings in the Terms of Use are for convenience only and will not be construed as part of the Terms of Use. (c) Assignment. The Company may assign the Terms of Use, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under the Terms of Use. The Terms of Use will ensure to the benefit of and be binding upon the parties to these Terms of Use and the Company’s respective successors, heirs and permitted assigns. (d) Non-Waiver and Severability. Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. The invalidity or unenforceability of any provisions of the Terms of Use will not affect the validity or enforceability of any other provision of the Terms of Use, which will remain in full force and effect. (e) For all purposes, this English language version of the Terms of Use will be the original and governing instrument and understanding of the parties. In any event of conflict, this English version will prevail. Unless the context otherwise requires, where the word “including” or “includes” is used in the Terms of Use, it means “including (or includes) without limitation”. (f) Force Majeure. If the Company is prevented from or interfered with in any manner whatsoever, or otherwise delayed, in performing the Services or any other obligations hereunder, by reason of any event beyond the Company’s reasonable control, including but not limited to building modifications, moves, or power failures (an “Event of Force Majeure”), then the Company’s non-performance will not be deemed a breach of these Terms of Use provided that notice is given to a user without delay, and the Company’s obligations hereunder will be extended by such reasonable amount of time determined by the Company in good faith. Any delays in the Company’s performance of the Services as a result of an Event of Force Majeure will similarly extend the user’s payment obligations for such Services. (g) Governing Law. The Terms of Use are governed and interpreted pursuant to the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The foregoing will not limit the Company’s right to enforce the Terms of Use in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
