Terms and Conditions

Last update: 01-05-2020

The below information consists of the General Terms and Conditions advanced by Cyver. These Terms and Conditions are a legally binding contract between Cyver (“Cyver”, “We”, “Us”, “Our”), its Members (“Members”, “You”), and its Users (“Users”, “You”). Any Individual or Legal Entity acknowledges and agrees that by accessing and using Cyver Properties or Services, they are agreeing to and bound by the Terms and Conditions. Refusal to Agree with the Terms and Conditions voids your right of service, and your only recourse is to stop using the service. These Terms and Conditions are legally binding whether you read them or not.

These Terms includes:

  • These Terms
  • Cyver’s Privacy Policy
  • Additional Terms which may be provided to you in a separate Order
  • Any terms provided separately for Services including product terms

By Agreeing to these Terms you agree that:

  • You are at least 18 years of age or older
  • You are not prohibited from using or accessing Cyver properties or Services under any Applicable Law
  • You will comply with these Terms as well as all Applicable Laws

Cyver reserves the right to update the Terms at any time, without notice to you. The most current version of the Terms can be viewed by visiting this page. An update notice will be posted at the top of the page.

Furthermore, if you accept or agree to these terms on behalf of a legal entity such as company or organization, you assume full responsibility for ensuring you represent and have the authority to bind that company or legal entity to these terms. In such an event, “you”, and “your” refer to and apply to that company and/or legal entity.

Description of Services

Cyver provides access to resources through web properties, application integrations, including tools, communication forums, and product information. Cyver is registered as an information technology platform and does not provide sensitive or confidential services of any kind. These Services, including updates, enhancements, changes, new features, and/or new web properties are subject to the Terms.

Limitations of Use

Members and Users acknowledge specific licensing rights:

Unless otherwise specified, no Member or User may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Cyver Services and Properties, information, software, products, intellectual ideas or properties, or services obtained from Cyver

By accessing Cyver and its properties, you agree that the Services and Properties are protected under the copyright, trade secret, or trademark of Cyver. You are granted right to use the Properties or Services under license as either a Member or User, and only for the purpose described by Cyver. Until Termination of this Agreement, Cyver grants you a limited, non-exclusive, non-transferable right and license to use the Services and Properties.

You agree you will not:

  • Use nor permit any third party to use the Properties or Services in a manner that violates any applicable law, regulation, or these Terms.
  • Reproduce, modify, copy, trade, lease, resell, rent, lease or distribute the Properties or Services in any way not provided for in this Terms of Service or a separate Order provided by Cyver and agreed upon by both parties.
  • Decompile, disassemble, or reverse engineer the Properties or Services

Members – Members agree to sign and be legally bound by a separate Contract or Order in addition to these Terms. The Order will stipulate payment details and terms, specific terms regarding the duration of Payment and Services, access rights, and any individual terms as may be agreed upon by both parties. Members receive a limited commercial license to utilize and display Cyver properties as their own Services. This one-time, non-transferrable, non-exclusive license may be revoked at any time, at Cyver’s discretion.

Members will be provided with a separate Order, mutually agreed upon by Cyver and the Member, to cover pricing and additional terms for the Service. Until Termination of this Agreement, Cyver grants you a limited, non-exclusive, non-transferable right and license to use the Services and Properties. These licensing rights may include the right to modify, lease, distribute, rent, or resell the Properties or Services.

Privacy and Personal Information

See Cyver’s Privacy Policy for more information regarding the collection, use, and security of personal information.

Notice of Third-Party Content and Users

Cyver provides a communication, automation, and service platform intended to facilitate the distribution of services through communication, tool integration, and provided tooling and services. For this reason, properties, Individuals, and Legal Entities on Cyver may be third parties, completely unaffiliated with Cyver. Third party services, scripts, software, code, links, and offerings are offered solely by those third parties and not by Cyver.

In addition, Cyver does not:

  • Vet, review, or verify the authenticity or quality of third-party services, tools, Legal Entities, or Individuals in any way.
  • Take responsibility or assume any liability thereof for the actions of any third party which may be using Cyver and its Services or Properties.
  • Guarantee or provide any warranty for the services, tools, or actions of any third party

Users and Members accept sole responsibility for their interactions with third parties on Cyver, through following links from Cyver, and through any interactions on Cyver properties hosted by third parties.

Members and Users may upload their own Content. This may include data, information, materials, text, graphics, images, music, software, audio, video, or works of authorship of any kind which are uploaded, transmitted, posted, generated, stored, or otherwise made available through Properties or Services, which will include without limitation Content Members and Users make available through use of Properties or Services. By uploading content, you grant Cyver a worldwide, royalty free, non-exclusive license to host and use your Content. All Content will be treated as Confidential. You are solely responsible for lost or unrecoverable content.

 Cyver is not responsible for providing membership warnings, information, or disclosures. Members are responsible for providing warnings, information, and disclosure to Users related to their accounts and services.

You agree not to use, nor permit any third party to use the Properties or Services to upload, post, distribute, link, publish, reproduce, engage in, promote, or transmit any of the following:

  • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, or inappropriate information of any kind.
  • Content which impersonates an individual or Legal Entity, or which falsely represents the identity, qualifications, or rights of an Individual or Legal Entity.
  • Content which is illegally unfair, deceptive, or creates a safety or health risk
  • Investment opportunities, solicitations, chain letters, pyramid schemes, or other unsolicited commercial communication or spamming
  • Any content with malicious intent, including but not limited to Viruses, Trojan Horses, Worms, and other disruptive or harmful software or data.
  • Any content which you do not own or have the right to use

In no event shall Cyver and/or its respective suppliers or partners be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in action of a contract, negligence, or other tortious action, arising out of or in connection with the use or performance of Cyver Properties or Services, provision or failure to provide Properties or Services, or information available from Properties or Services.

Cyver also works with third parties for the provision of services and content, such as servers. We maintain these tools and services at our discretion and are not obligated to disclose third parties, except in the instance where this involves disclosing Personal Information or transferring said Personal Information through those parties.

Should Cyver contain a link to a third-party website or resource, Cyver is not responsible for the quantity, quality, availability, safety, accuracy, lawfulness, or any other factor regarding the third party. Links to websites do not imply endorsement or approval of any content, service, website, platform, brand, or organization. By following a link, you acknowledge sole responsibility for any risk arising from utilizing any website or resource.

Member Account, Password, and Security

Users and Members must open an account in order to access Properties and Services. In so doing, you agree:

  • To complete the registration process in full, submitting current, complete, and accurate information
  • To choose a secure password and maintain its confidentiality. Cyver is not responsible for restoring lost passwords. Cyver is not responsible for any loss, damage, theft, or costs incurred by the loss of a password. You may be found liable for losses or damages to Cyver, its partners, or its services in the event of a lost password resulting in such losses or damages.
  • To set an account username
  • That you may not have more than one (1) active account
  • That you are responsible for any and all activities that occur on your account
  • That you will notify Cyver immediately in case of any unauthorized use of your account or any breach of security.
  • That Cyver can revoke, suspend, or delete your account and its associated access to Properties and Services, at any time, with no period of notification. In such an event, Cyver may refund any Payments at its sole discretion, in full alignment with Applicable Laws. Violates of these Terms will void any legal requirement to refund for Services.

Terms of Use

As a condition of your use of Cyver Services or Properties, you agree you will not use these Services or Properties for any use considered unlawful or prohibited under these Terms or Applicable Law. You may not use Services or Properties in any way that could damage, disable, overburden, or impair any Cyver properties or Services. You may not conduct willfully malicious actions upon Cyver or any Member or User of its Properties or Services. You may not obtain or attempt to obtain any information, trade secrets, software, or materials from Cyver Properties or Services not expressly made available through the Services.

Furthermore, you agree you will not:

  • Use Properties or Services to host or distribute pyramid schemes, chain letters, junk email, spam, or any duplicate or unsolicited messages, commercial or otherwise.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others
  • Publish, post, upload, or distribute content not in full agreement with Applicable Laws
  • Use any Content made available through Services or an Cyver Member or User in any manner which infringes on any copyright, trademark, patent, trade secret, or right to confidentiality of any party
  • Upload files containing viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other software programs with malicious intent or which may damage the operation of Properties or Services, or the computer, web properties, or properties of a third party
  • Share any content made available through Services which cannot be legally reproduced, displayed, performed, or distributed.
  • Falsify or delete copyright information such as attributions, legal or proper notices, etc,
  • Harvest or otherwise collect information from Cyver, its Services, Properties, Users, or Members, including any directory or otherwise copy of Members or Users or any portion of the information thereof.
  • Systematically retrieve data or other content from Services or Properties, whether by manual or automatic means.
  • Contact any Member or User in any way not related to the provision of Services agreed upon in an Order or Proposal.
  • Violate any applicable laws or regulations
  • Assume or falsify identity
  • Attempt to probe, scan, or test the vulnerability of the Services or Properties, including but not limited to networks, technical delivery systems, servers, computers, security authentication, etc., unless expressly requested to do so.
  • Access, tamper with, or duplicate in any way non-public areas including but not limited to backend of the website and web properties, computer systems, technical delivery systems, or through Cyver’s providers, unless expressly requested to do so.

Cyver is under no obligation to monitor the conduct of our Members or Users. However, we reserve the right to review material and to remove content, members, and users at our discretion. Cyver reserves the right to terminate your access to Properties and Services at any time, without notice, for any reason whatsoever.

Cyver reserves the right to disclose information at our discretion to satisfy any applicable law, regulation, legal process, or government request. We also reserve the right to edit, refuse to post, or to remove any such information or materials, in whole or in part, at Cyver’s sole discretion.

Any materials, logos, users, members, and content may be subject to limitations on usage, reproduction, or dissemination. You are responsible for adhering to those limitations.

Ownership

Cyver, its Properties, and Services are protected by copyright law in the Netherlands and the EU. This is further defended by international copyright treaties.

By using Cyver its Services or Properties, you acknowledge and agree that Cyver or its third-party suppliers and licensors own all right, title, and interest to these properties. This includes but does not limit to any technique, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, graphics, video content, or data and information available through the properties or services.

Proprietary Rights Notice

All proprietary designations of Cyver including logos, trade names, trademarks, service marks, etc., are properties of Cyver and are trademarks or registered trademarks. Our Services and Properties also include proprietary designations and trademarks belonging to respective third parties. Users and Members may upload their own Proprietary content.

Disclaimers

Cyver represents and warrants that it shall provide Services through the Properties, under no warranty, guarantee, or liability to the User. These Terms may be modified by additional Orders such as a Contract and Service Level Agreement provided to Members. Your use of the services and properties is conducted at your own risk, except as described in this agreement.

Cyver, its properties and services are provided “As-Is”, to the maximum extent provided by Applicable Law, without any representations or warranties of any kind. Cyver makes no claims that the properties, services, or third parties will meet your needs, will be available on an uninterrupted, secure, or error-free basis, or will provide satisfaction. Furthermore, Cyver makes no warranty regarding the quality of programs, applications, or tooling provided either as part of our Platform or Services or through Third Parties. Cyver disclaims any representations or warranties that your use of the Properties or Services will satisfy or ensure compliance with any legal obligations, laws, or regulations.

We agree that we will assume all reasonable precautions to ensure the availability, security, and quality of our Platform and Services. You agree to alert Cyver at compliance@cyver.io if you suspect any incident, including a breach, vulnerability, bug, flaw, or other issue which may compromise those goals.

These Terms may be modified by an Order written and signed by a duly appointed representative of Cyver.

Termination of User Account or Services

Cyver may at any time, without notice, and at its sole discretion, restrict, deny, terminate, or modify these Terms, Services, Properties, or accounts. Any violation of these Terms will result in an immediate suspension, termination, or restriction of account and access to Services and Properties. Any Termination of these Terms shall not affect Cyver’s rights to payments due. Cyver may terminate a trial or free account at any time.

In the event that Cyver terminates services, properties, or your user account, you remain liable for services previously performed or agreed upon through our Services or Properties. Any fees owed for services already performed remain due and must be paid within the timeframe stipulated in the Order.

Cyver will not cancel an Account, Service, or Order with an active Order in effect without Due Cause. Due Cause may include but is not limited to a breach of Terms of Service, a breach of the Order (such as failure to pay or provide services), failure to cure such a breach following 30 days following your receipt of notice, or in the unlikely event of natural or manmade disaster or breach preventing Cyver from reasonably fulfilling the Order.

Cyver is not responsible or liable for monitoring, ensuring, or provisioning business transacted on its Properties or Services. You are solely responsible for enforcing an Order for services rendered or payments due. Cyver reserves the right to monitor and suspect accounts suspected of fraud, non-provision of services, non-payment, or otherwise breaching these Terms or a following Order.

Cyver may suspect an account at any time, without notice. Email us at hello@cyver.io for information relating to your suspended account.

You may cancel your account at any time through your account. You may email us at hello@cyver.io to request that we delete your account. You will remain liable for any pending fees. You will remain liable for any Orders including contracts with Third Parties for services due or payments due. Cyver is not liable for nor responsible for ensuring agreed-upon transactions are carried out.

You may not assign, transfer, delegate, or subcontract access to Services or Properties through these terms, or any of your rights or obligations, in whole or in part, by sale of assets, merger, operation of law, otherwise, without Cyver’s explicit written consent. Any attempt to do so without prior consent will be null and will have no effect. Any attempt to transfer rights or Services may result in account and service termination, without prior notice.

Limitation of Liability

To the maximum extent permitted by Applicable Law, neither Cyver nor its licensors, suppliers, or contractors are liable for any direct, indirect, incidental, special, exemplary, tortuous, or consequential damages, including loss of profits, loss of data, loss of goodwill, service interruption, technical damage or failure, personal or bodily injury, or emotional distress arising out of or in connection with the Terms, the use or inability to use the Services or Properties, or from any communications with Cyver or its representatives.

No event will result in Cyver’s total aggregate liability arising out of or relating to your usage of the properties or services.

You acknowledge, understand, and agree that third parties rendering and receiving services through Cyver are wholly liable for themselves, their actions, and any damage that might result thereof.

The above limitations apply even if Cyver and its affiliates and suppliers have been advised of the possibility of such a damages. This agreement sets forth the entire liability of Cyver.

You agree to indemnify and hold Cyver and its suppliers harmless from any and all claims, liability, and expenses, including reasonable attorney’s fees and costs, arising out of your use of the Services or Properties, or breach of these Terms. You hereby agree to defend Cyver, at your own expense, against any and all claims, actions, suits, or proceedings arising out of or relating to your actions regarding your use of the Properties or Services, your breach of the Terms, or your violation of Applicable Law. Cyver reserves the right, at its sole discretion and its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Cyver in the defense of any claims.

Dispute Resolution

You and Cyver agree that, where possible, any dispute, claim, or controversy arising out of or relating to the Terms or their breach, termination, enforcement, interpretation, or validity will be settled by binding arbitration, with the exception that each party retains the right to seek injunctive or equitable relief in the case of actual or threatened infringement, of a party’s intellectual property rights.

Controlling Jurisdiction

These Terms will be interpreted in accordance with the Laws of the Netherlands. You and we agree to submit to the personal jurisdiction of a court located in Noord Holland, The Netherlands for any actions which the parties retain eh right to seek an injunction or equitable relief.

Definitions

Terms used throughout this document, with the intent to clarify and solidify their meaning:

  • Applicable Laws – Any statute, law, ordinance, regulation, code, order, judgement, directive, common law, decree, requirement, or rule of any state or government which Cyver, its Users, or its Members may fall under.
  • Properties – The website, platform, application, and holdings of Cyver, referred to throughout this document as “Properties”.
  • Member – A Legal Entity or Individual actively paying a Service Fee to Cyver for services rendered. Members and Users are collectively referred to as “You”. Members:
  • Pay a Monthly or Yearly subscription fee to Cyver
  • Deliver their own services to Users, separate from Cyver’s business domain or control
  • Provide these services through tools and third-party applications, at their own behest, using their own rates, under their own liability, and completely separate from Cyver, except through the usage of the Cyver website and platform as a tool in providing said services.
  • May invite Users, including potential clients or customers, individuals in their employ who are necessary to carry out or provide Services, and individuals in the employ of potential clients or customers.
  • User – A Legal Entity or Individual utilizing Cyver, its properties, or its services, at the behest or invitation of a Member, without paying a Service Fee. Members and Users are collectively referred to as “You”. Users may include:
  • Employees of the Member Legal Entity or Individual required to perform services
  • Customers and Clients of the Member Legal Entity or Individual, or the employees of any such Individual or Legal Entity
  • Individuals or Entities in search of Member services
  • Users may sign up to create their own Cyver account or be invited by a third party. Users agree to read and comply with the Terms of Service in order to access and make use of Cyver properties. This agreement is legally binding.
  • Service Fee – A monthly or yearly fee charged by Cyver to its members in exchange for access to web properties, customer support, and ongoing updates. Cyver reserves the right to update, change, or modify this Service Fee, at its discretion. Individuals affected by increases in rates will receive notifications no later than thirty (30) days in advance of the change.
  • Order – A separate contract, between Members and Users, bound by terms agreed upon by respective parties, and legally separate from Cyver. Cyver does not manage, monitor, review, audit, curate, enforce, or otherwise maintain or assume responsibility for the quality, legality, or fairness of any said agreements. Furthermore, Cyver is not liable nor responsible for ensuring Services purchased in an Order are performed. Respective parties take sole responsibility for the enforcement, review, and management of any Orders or Contracts processed through or carried out via Cyver properties.
  • Request for Proposal (RFP) – Users may request Members to submit a proposal for services. This is done at the sole behest and on the sole responsibility of the User. Cyver does not manage, monitor, review, audit, curate, enforce, or otherwise maintain or assume responsibility for the quality, legality, or fairness of any said RFP documents nor for any responses which the User might receive. Respective parties take sole responsibility for the enforcement, review, and management of any mutual agreements processed through or carried out via Cyver properties.
  • Proposal – Members may submit a Proposal in response to an RFP. This is done at the sole behest and on the sole responsibility of the Member. Cyver does not manage, monitor, review, audit, curate, enforce, or otherwise maintain or assume responsibility for the quality, legality, or fairness of any said Proposal documents nor for any response which the Member might receive. Respective parties take sole responsibility for the enforcement, review, and management of any mutual agreements processed through or carried out via Cyver properties.
  • Terms – These General Terms and Conditions, as well as the Privacy Policy, and Member Contract which govern usage of Cyver properties. Referred to as “Terms and Conditions” or “Terms” throughout this Terms and Conditions.
  • Personal Information – Information collected by Cyver, which could be identifying or already identified with a Person or Legal Entity.
  • Cyver – An online Software as a Service (SaaS) platform offering digital services to Members and Users, for the purpose of facilitating project management and delivery of Security Audits, Penetration Tests, and other forms of cyber-security testing. Referred to as “Cyver”, “We”, “Our”,
  • Cyver Content – Content expressly created, uploaded, or developed by Cyver
  • Member/User Content – Content created, uploaded, or developed by Members, Users, or Third Parties. This includes but is not limited to data, documents, screenshots, templates, report forms, text, graphics, images, music, software, audio, video, information, and other material. Cyver makes no claim on any member or user content, and furthermore guarantees the right of confidentiality to Members and Users. All Member and User content will be treated as Confidential Information and protected to the best of our ability under our Security Policy and Privacy Policy.

Should you have any questions, concerns, or remarks regarding this Terms and Conditions, please contact us at compliance@cyver.io

Cyver’s failure to enforce these terms does not in any way constitute a waiver of future enforcement of rights or provisions. Moreover, Cyver reserves the right to retroactively enforce items from these terms. A waiver of these Terms will be valid only if written and signed by a duly appointed representative of Cyver