Please read these Terms carefully. These Terms govern your access to and use of the Platform and the Service. You must accept these Terms prior to using the Service. By using the Service, you signify your assent to both these Terms and our Privacy Notice, which is available at https://cyesec.com/privacy-policy (“Privacy Notice“). Changes may be made to these Terms from time to time. Your continued use of the Service will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not click “accept” and do not make any use of the Service.
- Use of Service
1.1. CYE allows you to access and use the Service subject to the terms and conditions of these Terms for internal and personal use only. This does not allow you to make any commercial use of the Service or Content (as defined below).
1.2. Use of and access to the Service is void where prohibited. By using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are authorized, on behalf of your employer, to use the Service, and (d) your use of the Service does not violate any applicable law or regulation or any obligation you may have to a third party.
1.3. You acknowledge that CYE may, in its sole discretion and at any time, modify the Platform and/or the Service or any part thereof without notice. CYE has no obligation to maintain or support the Platform or provide updates in respect thereof.
2.1. You may register to use the Services by providing the requested information or by logging in through a third-party account, such as your Microsoft account. CYE may change the method of registration at our discretion. By logging in through a third-party account, you represent that such account is yours and you have the right to use it in connection with our Services. CYE reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.
2.2. You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Services if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. CYE will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold CYE harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via e-mail at firstname.lastname@example.org. Please be aware that CYE’s policy is to make all efforts to cooperate with law enforcement officials regarding any unlawful behavior, and we will share all data as required to cooperate with any law enforcement request.
- Termination of Use
3.1. You agree that CYE may for any reason, in its sole discretion and without notice, terminate your account and/or use of the Service. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of CYE. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at email@example.com.
3.2. If CYE believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Platform. Any suspension, termination, or cancellation of your account shall not affect your obligations to CYE and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
4.1. Certain types of content may be made available through the Service and/or the Platform. “Content” as used in these Terms means, collectively, all content on or made available through the Service and/or the Platform, including but not limited to images and text posted by means of the Service or anywhere on the Platform, including in the engagement section, whether by us or by any other member or user of the Service and/or the Platform and including any modification of Content created by CYE. Content shall include, but not limited to, findings, remediation assets, business assets, threats and so on.
4.2. CYE may allow you to post Content by means of the Service, or interact with existing Content and elements of the Platform. In addition, as part of the Services, CYE may be required to upload content, including by way of uploading screenshots and images. You are fully and solely responsible for any Content you or CYE submit or post by means of the Service.
4.3. You agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the Service and/or Platform; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner (including creating multiple accounts) whether to another user, to us, or otherwise; (d) infringes (or results in the infringement of) CYE’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause CYE to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage CYE or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
4.4. CYE has no obligation to accept, display, review or maintain any Content. Moreover, CYE reserves the rights to remove and permanently delete any Content, including any statements of any user, without notice and for any reason. This provision shall not apply to personal information that is subject to our Privacy Notice except to the extent that you make such personal information publicly available on or through the Service or in any Content. CYE will use reasonable efforts to deidentify and anonymize any Content which includes any personal data. CYE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
4.5. CYE may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that CYE reserves the right to treat user Content as content stored at the direction of users for which CYE will not exercise editorial control. CYE has the right to edit, delete, distort or move user Content from the Service without notice for any reason at any time. Notwithstanding the above, CYE may use your Content and any data processed in connection with these Terms in order to make analyses for internal research and development purposes.
- Intellectual Property
5.1. CYE and its licensors own the Service, including all worldwide intellectual property rights in the Service and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Service or any Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service or Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of CYE or any third party.
5.2. If you provide CYE with any feedback concerning the Services or the Platform, any technology or software, or any deliverables, CYE may use such feedback without any obligation to you. CYE may use the Content, to improve the Services and the Platform and may use and disclose statistics regarding vulnerabilities and security issues, all provided that at no time may CYE disclose your identity provided that your identity cannot be reasonably ascertained.
- Use Restrictions 6.1. The software and technology underlying the Service is the property of CYE, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any Content; (b) modify the Platform or insert any code or product, or manipulate the Platform in any way, (c) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content; (d) use the Service and/or Content in connection with any commercial endeavors in any manner; (e) use any robot, spider, search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (f) harvest, collect or mine information about other users of the Service and/or Platform, (g) systematically retrieve data or other content from our Platform or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, (h) display, mirror or frame the Platform, or any individual element within the Platform, Services, Hyver, or CYE’s name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CYE’s express written consent.
- Copyright Infringement
7.1. CYE respects the intellectual property rights of others and expects its users to do the same. CYE will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.
7.2. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Service infringes their rights. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims.
- Disclaimers and Disclaimer of Warranty
8.1. CYE DOES NOT WARRANT THAT THE SERVICES WILL PREVENT BREACHES AND ATTACKS. AS SUCH, CYE SHALL HAVE NO LIABILITY FOR CYBERSECURITY INCIDENTS, THIRD PARTY HACKING ATTEMPTS, VIRUSES, MALWARE AND DENIAL OF SERVICE ATTACKS. CYE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE ACTIONS OR INACTIONS YOU CHOOSE TO TAKE AS A RESPONSE TO THE INFORMATION AND RECOMMENDATIONS PROVIDED BY THE SERVICE.
8.2. Your use of the Service, Platform and/or Content is at your sole discretion and risk. The Service and/or Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from CYE. CYE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CYE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE AND/OR CONTENT; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO GUIDANCE ON COMPLIANCE WITH SECURITY STANDARDS AND FRAMEWORKS SUCH, BUT NOT LIMITED TO, AS NIST, CSF AND ISO 27001 (“SECURITY STANDARDS”). WE OFFER NO WARRANTY PERTAINING TO ANY OF OUR CUSTOMERS CHANCES OF SECURING ANY COMPLIANCE CERTIFICATE. FOR ALL INTENTS AND PURPOSES, WE DO NOT ACT ON BEHALF OF ANY ENTITY ENTASKED WITH ASSESSING EVALUATIONS PERTAINING TO SECURITY STANDARDS OR GRANTING COMPLIANCE CERTIFICATIONS WITH RESPECT TO SECURITY STANDARDS.
8.3. Content on the Service comes from a variety of sources, including other users of the Service. CYE attempts to be as accurate as possible. HOWEVER, CYE DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CYE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. CYE CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Content information at any time without prior notice.
8.4. Active Assessment – clients can allow an active assessment. You hereby clarify that you are to do so in the name of your employer and acknowledge that CYE shall bear no responsibility, including for any attack, damage, overload on systems caused by the assessment .
8.5. For the avoidance of doubt, if you mark a problem or issue as ‘fixed’ CYE does not necessarily verify whether the issue was fixed and takes no responsibility if not.
8.6. You understand that CYE is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any Content available on the Service. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against CYE with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Service, including any Content that you may choose to make available. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service or through any Content. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
8.7. No advice or information, whether oral or written, obtained by you from CYE, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
- Limitation of Liability
9.1. CYE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Services and/or Content. CYE is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service and/or Platform, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall CYE be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any Content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.
9.2. IN NO EVENT SHALL CYE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL CYE’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO CYE FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO CYE FOR THE USE OF THE SERVICE, THEN CYE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
- Indemnification. You agree to indemnify, defend, and hold harmless CYE and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service, including, without limitation, provision of services in connection with the Service) shall be in compliance with all applicable laws, regulations and guidelines.
- Content Linked to by CYE. Portions of the Service and/or Platform (including, without limitation, advertisements) may involve linking to or using web Platforms belonging to third parties. The Service and/or Platform may also provide you with links to access the Platforms of third party vendors or retailers. We have no control over third-party Platforms, and all use of third-party Platforms is at your own risk. Additionally, CYE cannot accept responsibility for any payments processed or submitted through such third party Platforms, or for the privacy policies of any such Platforms. CYE is not responsible for content or available by means of such Platforms. CYE does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party Platforms.
- Miscellaneous. These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Platform shall be brought exclusively in the courts in Tel Aviv – Yafo and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against CYE must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and CYE or authorizes you to act on behalf of CYE. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between CYE and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Service, but we cannot guarantee that anything available on the Service, or any records or information relating to the Service, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.
Last updated: November 2023