1 This agreement is between
You or the organisation you represent (hereinafter referred to as “the User”) and Logically Secure Ltd, a company incorporated in England and Wales under registration no: 05967368 having its registered office at Normandy House, High St, Cheltenham, England, GL50 3HW (hereinafter referred to as “the Provider”).
2 Governed Software and Services
This agreement governs the use of CyberCPR Incident Response applications and its derivative versions (hereinafter referred to as “the Software”).
The Provider will endeavor to notify customers of any service changes where possible but reserves the right to change services at any time without prior notification.
Costs are as outlined within the User’s chosen subscription, as stated on the CyberCPR.com website unless otherwise mutually agreed.
Access to the CyberCPR Software is granted for the billing period as specified on the Subscription Time Period (or for the period agreed in writing). A Subscription Time Period is as per the User's chosen subscription (monthly or annually) at time of purchase of CyberCPR Pro, which is shown in the User's Cloud Portal.
If a User’s subscription is not renewed in subsequent billing periods, Logically Secure reserves the right to delete the User’s CyberCPR account and all of its accompanying data.
6 User Conditions
The User must not grant or provide access to the CyberCPR Software outside of those specified as users, or sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software outside of the person/organization they represent.
The User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, or reverse engineer, the Software.
The User must not take any action to infringe the intellectual property rights of the Provider, or reproduce any aspect of the application, written manuals or guides to any other third parties. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Provider to the User.
The User will use its reasonable endeavours to keep Confidential Information confidential and without limitation thereto, shall protect such Confidential Information with a degree of care which is no less than it uses to protect its own confidential information.
All Intellectual Property owned by the Provider prior to this agreement shall remain the exclusive property of the Provider, and the User shall not use, copy or attempt to duplicate any of such Background IP.
7 Inappropriate Data – User Duty of care
Incident Response can sometimes result in staff accessing what is generally considered to be inappropriate material as they conduct their investigations. CyberCPR uses the need-to-know principle and only the users chosen to see an incident can view any of the contents.
The User is responsible for the duty of care of your staff using this service. The Provider is not responsible for the data or images uploaded by those sharing your client space or incidents.
By using this service, the User agrees to not upload any Child Pornography to this Software or use this Software to plan, coordinate or execute any activity that includes any public demonstration, illegal activity, terrorism or cyber hacking.
The User understands that the Provider will assist Law Enforcement where requested to do so, and will adhere to correctly executed, relevant and direct court orders and warrants.
If you would like to discuss any aspect of this Agreement or need assistance, please email email@example.com
The User acknowledges that - The Provider gives no warranty or representation that the Software will be wholly free from defects, errors and bugs or is entirely secure. - The Provider expressly disclaims all warranties of any other kind. - Use of uploaded or downloaded material is entirely at the discretion of the User who will be solely responsible for any damage to systems, or devices accessing or used by such uploads or downloads.
No advice or information, whether written or oral, obtained by User from the Provider, or its employees or representatives shall create any warranty not expressly stated in these Terms & Conditions of Service.
The User agrees that the Provider or its representatives, in no event, will be liable for any direct or consequential loss to the User including: any loss of profits or anticipated savings, any loss of revenue or income, any loss of use or production, any loss of business, contracts or opportunities, any loss or corruption of any data, database or software, any special, indirect or consequential loss or damage.
The User agrees to indemnify and hold harmless the Provider, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the User has used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to the User’s use of the Services, except where such use is authorized by the Provider.
10 Termination of Service
The Provider reserves the right to terminate the agreement at any time if is suspected that:
- The Software is being used for illegal or unauthorised activity.
- False contact details have been provided.
- The User’s registration details are not deemed to be accurate and true.
- The Software is being reverse engineered, decompiled or de-obfuscated. A counterfeit version, or direct or derivative copy is being produced.
- The Software has extended periods of inactivity.
- Or if the Provider receives a request from a law enforcement or other government agency.
Objections to suspension or disabling of user accounts should be made within thirty days of being notified about the suspension. The Provider may terminate a suspended or disabled user account after thirty days. The Provider will also terminate the User’s user account on the User’s request.
The User has the right to terminate their user account if the Provider breaches its obligations under these Terms and Conditions of Service. In such event, the User will be entitled to a prorated refund of any prepaid fees.
11 New Functionality Notification And Feature Changes
The Provider may from time to time request feedback regarding Software performance and new functionality requirements and will issue notification regarding new functionality and features. If you, the User, do not wish to receive this information you may opt-out by notifying us by email.
The Provider reserves the right to make reasonable amendments, deletions or changes to the nature of the features within the Governed Software at any time within the Subscription Period.
The Provider will backup data in accordance with the level of service chosen by the User as described in the schedule of services offered (ref 2).
13 GDPR Compliance
The Provider has always taken its responsibilities towards data protection seriously. The Provider is the Controller for some sets of data, including but not limited to its employee data and data of its consumer customers. It is also the Processor for customers, suppliers and other third parties; managing and processing their personal data. Both these roles have seen increased accountability and compliance under the GDPR.
The Provider has, where necessary, amended its activities and associated policies and procedures in order to comply with the Data Protection Act 2018, following a thorough assessment by Provider.
Any personal or commercial information provided to the Provider will be kept private and confidential.
Should suspicion of malfunction occur the User agrees to inform the Provider as soon as possible by email.
The Provider is not responsible for any loss or damage caused by unauthorised access.
If you, the User, would like to discuss any aspect of this Agreement or need assistance please email firstname.lastname@example.org