Terms and Conditions of Use
- Version: v1.0
- Effective as of May 24, 2018
Hello. Welcome to CybrQ and thank you for choosing us. These are our Terms and Conditions of Use (Terms and Conditions). Please read them carefully as they affect your legal rights.
If you decide to sign-up to use CybrQ’s websites or software applications such as our App (together, the “CybrQ Service” or “Service”) or to access any of the content that we make available (part of “Service”), you are entering into a binding contract with CybrQ (“the Agreement”): In this case that means specifically with CybrQ Ltd, Haldenstrasse 28, 8425 Oberembrach, Switzerland.
Note: This document is only available in English, as it’s the official language of commerce for our clients and in the regions we operate. Any translated copies are not valid.
2. The Agreement
If you decide to use the CybrQ Services, you agree that you have both read and agree to these Terms and Conditions. If you do not wish to agree to them and don’t wish to be bound by them, you are not allowed to use the CybrQ Services. If you do not think that you can comply with the Terms and Conditions, do not sign-up. If that is the case, you should not use the CybrQ Services.
As a part of the process of signing-up you will be asked to provide us with certain information. If you make an error, you can correct it at any time during the signing-up process. Remember that you will be asked at the end of the process to confirm that the information that you have given to us is truthful, accurate and also complete.
3. Your Capacity
We need to be certain that you are able and allowed to enter into a contract with us. You have to conform that to us. Different countries have different rules and laws for this. Please check the position in your country. CybrQ does not enter into an agreement with individuals younger than 18 years of age. Make sure you are old enough. Please also make sure that there are no rules or laws in your country that would prevent you using the CybrQ Services.
4. Your Rights
The CybrQ Service and any content on our website or in our App are the property of CybrQ. We give to you a limited, non-exclusive and revocable licence to make personal use of the CybrQ Service. The licence will be in force until it is terminated either by you or CybrQ.
The CybrQ Service is licensed and not sold to you. CybrQ keeps the ownership of the software and the content no matter where you are and on which devices you install it. Other than for the rights expressly granted here, CybrQ does not grant any other right, title or interest in the CybrQ Service to you.
All of the CybrQ trademarks, logos, trade names, domain names and all other features of the brand CybrQ stay the property of CybrQ and CybrQ does not give you any rights over them, whether for commercial use or otherwise.
You agree to abide by our User guidelines and not to use the CybrQ Service, or any part thereof in any manner not expressly permitted by the Agreements.
If the software of a third-party has been used for the CybrQ Service, you are licensed to use it under and in accordance with that third-party’s licence to CybrQ.
5. Our Rights
In consideration for the rights granted to you under the Agreements, you grant us the right to allow the CybrQ Service to use the processor, bandwidth, and storage hardware on your Devices in order to facilitate the operation of the Service.
If you provide feedback, ideas or suggestions to CybrQ in connection with the CybrQ Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize CybrQ to use that Feedback without restriction and without payment to you.
6. Changes to the Agreement
When we change the Agreement in a material manner, we will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the ‘effective date’ at the top of this page. If that happens we will let you decide whether you want to keep using the CybrQ Services (see: Term).
7. User Guidelines
CybrQ has intellectual property rights. Sometimes we use other companies’ products under or through a licence and you must respect and not damage our rights nor the rights of anyone else. This means not using the CybrQ Service other than as allowed by us under the Agreement. Specifically, you must not copy any software, files or other content, nor reverse-engineer, decompile, disassemble, modify or create derivative works based on the CybrQ Services or transfer the CybrQ Service to any unauthorised device, unless allowed to so under the Agreement or by applicable law.
You must not sell a user account to any other person nor sell, rent sub-license or lease it to another person. You must observe and comply with all applicable laws.
You must not provide your password to anyone else nor use anyone else’s user name and password. You must not engage in any activities or post any content, register your user name or otherwise include material or information that:
- Is offensive, pornographic, abusive, threatening, obscene, or defamatory or which is in breach of any laws or regulations concerning discrimination;
- Is Illegal or which promotes or is intended to promote illegal acts;
- Includes your password;
- Includes “crawling” the CybrQ Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from CybrQ;
- Includes malicious content such as malware, Trojan Horses, viruses or interferes with the access of users to the CybrQ Services;
- Is bullying or intended to be bullying (including harassment);
- Is false, deceptive, or misleading;
- Involves commercial or sales activities or mass mailings of any type;
- Interferes with or in any way disrupts the CybrQ Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or CybrQ’s computer systems, network, usage rules, or any of CybrQ’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- Conflicts with this Agreement as determined by CybrQ.
8. Limitations and Changes to the CybrQ Services
It may be that we will change the CybrQ Services from time to time. If we decide to make changes, then that is in our discretion, but you will be informed. Depending on how material the change is we may choose to display a notice within the CybrQ Services or send an email to you. We will inform you before any changes take place, as outlined above. If you decide that you don’t want to continue to use the CybrQ Services after the change, you may cancel your licence.
We will make reasonable efforts to keep the CybrQ Services operational, but certain technical difficulties may arise, or maintenance be necessary and temporary interruptions can result. Therefore, to the extent permissible under applicable law, we reserve the right, at any time, to modify or discontinue, temporarily or permanently, functions and features of the CybrQ Services, with or without notice, all without any liability to you, except where prohibited by law.
If you have prepaid your licence fees for and CybrQ discontinues prior to the end of the Period, we will refund you the prepaid fees for the remainder of the Period after such discontinuation.
CybrQ has no obligation to maintain, support, upgrade, or update the CybrQ Services, or to provide all or any specific content through the CybrQ Services.
9. Warranty and Disclaimer
WE TRY TO PROVIDE YOU WITH THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE CYBRQ SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NO EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND IS GIVEN BY US. YOU USE THE CYBRQ SERVICE AT YOUR OWN RISK AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO WARRANTY IS GIVEN BY US THAT THE CYBRQ SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
FURTHER WE MAKE NO REPRESENTATION NOR GIVE ANY WARRANTY, ENDORSEMENT OR GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), ANY USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY ON OR THROUGH THE CYBRQ SERVICES OR AND LINKED WEBSITE, OR FEATURED IN ANY OTHER ADVERTISING.
YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH OUR SERVICE. YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON OUR BEHALF.
SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW AND THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER
10. Third Party Applications
CybrQ Services are integrated with third-party applications, websites, and services (“Third-Party Applications”). Third-Party Applications may have their own terms and conditions of use and privacy policies. Your use of the Third-Party Applications will be governed by them. We do not endorse and are not responsible or liable for any Third-Party Application in any way, nor for any transaction you may enter into with the provider of any such Third-Party Applications.
CybrQ respects intellectual property rights. If you think that any of the content that we publish infringes upon your rights, please contact us. If we agree, we may take action without prior notice to the poster of the content, but may also allow a counter-notice to be sent. You promise that any content that you publish on our website complies with our User Guidelines and any applicable laws or regulations and that you have the right to publish it.
CybrQ is not obliged to monitor the content, but may remove or disable access to it, without notice and at its discretion.
If CybrQ is claimed against because of content that you have published, you will hold CybrQ harmless against all loss, damage and expense, include lawyers’ fees, of any kind arising out if such claim.
Paid Subscriptions can be purchased directly from CybrQ, either by paying a (1) monthly or (2) annual subscription fee.
Your payment to CybrQ will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your Profile page in your CybrQ Cockpit before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you believe you are entitled to receive a refund of any monies paid to CybrQ, please contact us.
CybrQ may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the CybrQ Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the CybrQ Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
The Agreement applies to you until terminated by either you or us. If you publish content on our website, you grant an irrevocable and perpetual licence to us regarding the content published.
We may terminate the Agreement or suspend your access at any time. If so, or if you terminate the Agreement, CybrQ shall have no liability or responsibility to you for amounts that you have already paid, to the fullest extent permitted under applicable law.
Any sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
To learn how to terminate your subscription, please visit your Profile in your CybrQ Cockpit. You may terminate the Agreement at any time.
14. Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CybrQ SERVICE IS TO UNINSTALL OUR SOFTWARE AND APPLICATIONS. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM CybrQ SHALL CREATE ANY WARRANTY ON BEHALF OF CybrQ.
15. Third Party Rights
The Agreement is not intended to and does not grant rights to anyone except you and CybrQ. In no event shall the Agreement create rights for any third-party.
16. Law and Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union, or any other jurisdiction, the Agreement and any non-contractual disputes/claims arising out of or in connection with it are subject to the laws of Switzerland, without reference to its conflicts of laws rules, and the courts of Zürich shall have exclusive jurisdiction over them.
If you breach this Agreement, or violate any law or the rights of a third-party, you will indemnify and hold CybrQ harmless from and against all damages, losses, and expenses of any kind (including lawyers’ fees and costs) arising as a result.
1. Entire Agreement
The Agreement constitutes all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of the Agreement, whether written or oral.
Unless otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
CybrQ may assign or delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of it, nor transfer or sub-license your rights under the Agreement, to any third party