Terms and Conditions

Terms of use

27^th August 2024

Cybring’s terms of use are our contract with you. They include our commitment as a service provider and your obligations as a customer.

Introduction

Welcome to Cybring! Before you start using Cybring, please read these terms. These standard terms will be deemed to have been accepted unless you do not agree, and you have explicitly contacted us to negotiate alternative terms.

When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.

Joining and using Cybring

1. You and Cybring:When we say youor your, we mean both you and any entity or firm you’re authorised to represent. When we say Cybring, we, our or us, we’re talking about the Cybring entity you contract with and pay fees to, based on the region you operate in and the product you may be purchasing.
2. Our software, products, and services:Our software, products and servicesconsist of everything we provide now or in the future, including our online platform, software, content, products and services including training services.  This is proprietary to Cybring and may be provided to you in various forms for the regular and standard purposes for which the products and services were designed, all in accordance with the terms set forth in this document. The term Software includes the Software and its binary code, compilation of data, or visual display resulting from the operation of the Software, configuration files, and any associated materials, equipment, systems, specifications, and documentation. For the purposes of these Terms and from this point forward, Cybring’s software, platform, products, and services may simply be referred to from time to time as services.
3. Creating a subscription:If you create a subscriptionto use our services and accept these terms, you become a subscriber. If you are the subscriber, you’re the one responsible for paying for your subscription. By downloading, installing, operating, or otherwise using our software, platform, products and services, you are expressly and explicitly accepting these terms and conditions and are agreeing to be bound by them. If you do not agree with these terms, do not purchase, download, install or operate any of our products or services. If you have already done so and change your mind about these terms, then promptly delete, uninstall, and discontinue use.  
4. Resellers, Sales Partners, and Affiliates: Regardless of whether you join or become a subscriber directly with Cybring or via one of Cybring’s authorised sales partners, resellers or affiliates, these Terms will still apply to you. Each reseller, sales partner and affiliate shall be provided with the latest version of these Terms and is required to comply with these terms and will be responsible for any breach of these terms. Cybring defines a reseller, sales partner or affiliate as any entity involved in the sale of Cybring services whereby Cybring does not have legal control of the business. Control being ownership or voting rights in the entity of fifty percent or more.
5. People invited to use Cybring:An invited useris a person other than the subscriber who has been invited to use our services. If you are an invited user, you must also accept these terms to use our services.
6. User roles and access:As a subscriber inviting others into a subscription, you should understand the permissions you are granting to invited users. Information about various roles, permissions and access levels will be provided to the subscriber at the timing of making a purchase. These may vary depending on the Cybring service purchased. If you are unsure about user roles and access, we encourage you to contact us to ensure the optimal and most secure set-up for your needs.
7. Online payments:We may in some instances allow purchases to be made online via a credit card. In this case payment will be made via our preferred payment processer which is Stripe. To learn more about Stripe, please visit their website directly.
8. The right to use our services:Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to make payment or until the subscription is terminated, or – if you’re an invited user – until your access is revoked. Cybring grants you and you accept, a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to use Cybring’s software, products or service solely for your internal purposes in accordance with the terms contained in this agreement. Unless otherwise indicated in your purchase documentation, this license is a term license and will be valid if you have made a timely payment and abide by these terms.
9. Subscriber role:As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. You control access to a subscription. You are responsible for all your invited users’ activity. You decide who is invited to use our services that you have subscribed to and what kind of access the invited user has. You can change or stop that access at any time. You are also responsible for resolving any disputes with any invited users over access to your subscription.
10. Rules:Whatever your role, you agree to follow the rules in these Terms of Use.
11. Your responsibilities:You promise that you will keep your information (including a current email address) up to date. You are responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You are also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards, but you will ensure that passwords are strong, unique, and not easily guessable.
12. New Terms:As we expand and enhance our services, there may be a need for updated Terms of Use, you can find the most current Terms of Use on the Cybring website.
13. Intellectual Property:Unless explicitly stated otherwise, Cybring owns all the intellectual property contained across its range of software, products, sites, and services. This includes but is not limited to the design, compilation, and look and feel of our products and services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify, or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us. Cybring’s services and the related documentation are licensed and not sold. Cybring shall retain all rights, interests and ownership in its services and the related documentation, including without limitation in and to all intellectual property rights. These Terms do not convey to you an interest in the software, products, or services, but only a limited revocable right to use them in accordance with these terms. Nothing in these terms constitutes a waiver of Cybring’s intellectual property rights under any law. Under no circumstances shall the software, products or services or any portion thereof (except for the third-party components be deemed “open source” or “publicly available.” If you contact Cybring with feedback data (e.g., questions, comments, suggestions or the like, collectively, “Feedback”), such feedback shall be deemed non-confidential, and Cybring shall have a non-exclusive, worldwide royalty-free and perpetual license to use or incorporate such Feedback into its software, products and services and/or other current or future products or services of Cybring, without your approval and without further compensation to you unless otherwise agreed.

Pricing

14. Trial period:We may offer free trials to you. If you are using our services under a trial, free or paid, these terms of use are still applicable.
15. Pricing:Pricing is quoted on a case-by-case basis based on the products and services being purchased. Cybring does not advertise off the shelf pricing under a recurring subscription model. In most cases pre-payment is required upfront for a designated access period. Pricing quoted regardless of product, services or region is quoted exclusive of local relevant taxes. Please contact Cybring to discuss pricing based on your requirements. If you are an invited user to Cybring, pricing management will be the responsibility of the subscriber, and you do not need to worry about this.
16. Taxes for your use of our services: You, as the subscriber, are responsible for paying any external fees and taxes that may be applicable in your local jurisdiction associated with using our services. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.
17. Importance of timely payments:To continue accessing our services, you need to make timely payments based on the pricing terms provided to you. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your services.

Data use and privacy

18. Use of data:When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you; send you information we think may be of interest to you based on your marketing preferences; and disclose to third party service providers and partners to enable and support such purposes.
19. Use of your own personal data:We respect your privacy and take data protection seriously. To learning more about how we collect, use and protect your data, visit our website for the latest Privacy Policy. Should you wish to receive further information still about our data policies, please contact Cybring and we are happy to share more details with you.
20. Data breach notifications:Where there has been unauthorized access to Cybring you are your personal data is at risk of being compromised, we’ll let you know and, where possible, give you information about what has happened. Depending on the nature of the unauthorised access, and the location you may be required to assess whether who else this incident should be reported to, including local authorities. Cybring will also report any data breaches as it is required to depending on the jurisdiction and the local regulations. In the event of a breach, we may also restrict user access to all or parts of our services for your own protection.

Confidential information

21. Keeping it confidential:While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorized individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

22. Security safeguards:We have invested in technical, physical, and administrative safeguards to do our part to help keep your data safe and secure. Should you wish to learn more about Cybring’s security measures, please contact us directly. While we have taken steps to help protect your data, no method of electronic storage is completely secure, and we cannot guarantee absolute security.
23. Account security features:We may introduce security features to make your account more secure, such as multi-factor authentication. Depending on where you are in the world or what services you are using, we may require you to adopt some of these features. Where we make the use of security features optional, we are not liable, and you are responsible for any consequences of not using those features. We strongly encourage you to use all optional security features.
24. Playing your part to secure your data:You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there has been any unauthorized use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.

Apps and third-party products

25. Other services:Some of our services may be made available through other companies’ services. Cybring will advise if this is the case. These companies are independent to us and may have additional terms that apply to you including but not limited to fees, please visit the website of these service providers for more information, it is your responsibility to understand their terms of use and privacy policies.
26. Use of your data to connect you to third party products:If you choose to connect your subscription to third-party products, we will use your personal data for that connection. Where we receive data because of that connection, we will use that data in line with our Privacy Policy.

Maintenance, downtime, and data loss

27. Availability:We strive to maintain the availability of our services, and provide online support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we will attempt to notify you in advance but cannot guarantee it.
28. Data loss:Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data entered our services.
29. Compensation for downtime:We do not provide compensation for downtime of our services unless required by law. We will certainly not pay any compensation during maintenance periods, events which are beyond our reasonable control, downtime events which are due to the failings of third parties, if you breach our terms of use or other policies or if there are any issues with your equipment, software, network connection or other infrastructure. In the event you believe you are entitled to compensation, please contact Cybring in writing.
30. Modifications:We sometimes release updates, modifications, and enhancements to our services, and in some cases discontinue features. Where this occurs, we will endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).

Best behaviour

31. We ask that you, never:

Undermine the security or integrity of our computing systems or networks.

Use our services in any way that might impair functionality or interfere with other people’s use.

Access any system without permission.

Introduce or upload anything to our services that includes viruses or other malicious code.

Share anything that may be offensive, violates any law, or infringes on the rights of others.

Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, or extract the source code of any part of our services.

Resell, lease or provide our services in any way not expressly permitted through our services.

Repackage, resell, or sublicense any leads or data accessed through our services.

Commit fraud or other illegal acts through our services.

Act in a manner that is abusive or disrespectful to a Cybring employee, partner, or other Cybring customer. We will not tolerate any abuse or bullying of our Cybring employees in any situation and that includes interaction with our support teams.

Termination

32. Term:The contracted term or period of access to our services will have been made clear to you (the subscriber) at the time of the purchase. Your access will continue for the duration of this agreed term providing that there has been no breach of commercial terms or terms of use.
33. Renewal:Cybring does not generally automatically renew or automatically bill customers for its services. A Cybring representative will contact you in advance of the contracted term to discuss renewal options.
34. Termination by you:You may choose to terminate your subscription at any time by providing Cybring with one month’s written notice in advance. In the event you have pre-paid for services, these will not be refunded to you. Any future dated payments for services not yet received will be cancelled.
35. Termination by Cybring:Cybring may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Cybring may also terminate or suspend your subscription or access to all or any data immediately if: You breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach, you breach any of these terms and the breach cannot be remedied, or you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

If you fail to pay fees, we will take reasonable steps to notify you of the failure. Subject to the processing and payment timing of your bank or credit or debit card provider: If you do not pay within 7 days of the date on which the fees became due and payable, Cybring may suspend your service, and if you do not pay within 14 days from the date on which the subscription fees became due and payable, Cybring may terminate your subscription. It is at the discretion of Cybring if it chooses to reactivate your services.  

35. Retention of your data:Once a subscription is terminated by you or us, it is archived, and the data submitted or created by you is no longer available to you. We retain it for a period consistent with our data retention policy, during which, as a subscriber, you can reactivate your service and once again access your data by paying the fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

Liability and indemnity

36. You indemnify us:You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us arising from your use of our services or any third-party product, except for losses arising from: a breach of these terms by Cybring, its employees, contractors or agents, or any gross negligence, wilful misconduct, fraud or material error that was solely the responsibility of Cybring, its employees, contractors or agents.

For this indemnity, Cybring will take reasonable mitigation measures where possible.

37. Disclaimer of warranties:Our services and all third-party products are made available to you on an “as is” basis. Subject to the of the rights you have under the laws in the country where you live, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
38. Limitation of liability:Our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows: We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense. For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups. Our total aggregate liability to you in any circumstances is limited to the total amount you paid us in the 12 months immediately preceding the date on which the claim giving rise to the liability arose. Regardless, our liability to you will not be limited if we aren’t legally allowed to limit it.

Disputes

39. Dispute resolution:We aim to resolve disputes quickly and professionally by having communication with our personnel. If we are unable to resolve your complaint or the dispute informally, you and Cybring agree to binding arbitration or small claims court instead of in courts of general jurisdiction. If it is allowed by the laws in the country where we provide our services to you, you and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You are solely responsible for resolving disputes between you and any other subscriber or invited user.

Additional Points

40. No professional advice:Cybring is not a professional services firm and is not in the business of giving professional advice. We may provide you with information might be, but this should not be seen as a substitute for professional advice, and we are not liable for your use of the information in that manner.
41. Events outside our control:Cybring is not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
42. Notices:Any notice you send to Cybring must be sent to info@cybringlabs.com Any notices we send to you will be sent to the email address you’ve provided us.
43. Relationship between the parties:Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user.
44. Transfer of these terms:Cybring may transfer these terms – or any of our rights or obligations in these terms – to another entity as it deems appropriate. Where the transfer relates to Cybring being part or whole sold to a third party or merged with a third party, we will give you written notice of that.
45. Changes to these terms:We sometimes will decide to change these terms of use, however Cybring will not do so retrospectively. We will notify you in writing of any material changes that may apply in the future to you, and we will endeavour provide you with adequate notice in advance of these updated terms taking effect unless it is for reasons beyond our control. The most current version of these terms will always be published on our website.