Website Terms of Use

These Website Terms of Use (the “Terms”) are an agreement between you and Cyware Labs, Inc. (“Cyware”) and its affiliates (“we,” “us,” or “our“) governing your access to and use of our website at https://cyware.com/ (the “Site) and its subdomains (the “Websites”) and any information, text, graphics, photos, or other content uploaded to, downloaded from, or appearing on the Websites (collectively, the “Materials”), various software and related services operated by us (collectively, the “Services”). Your access and use of the Services and Websites are conditioned on your acceptance of and compliance with these Terms. For the avoidance of doubt, by accessing or using the Services or Websites, you agree to be bound by these Terms, without modification. Services purchased by you from Cyware or provided by you from Cyware may be subject to separate and additional licensing and use terms which are made available and agreed as a part of the sale or use of the Services.

The Services, Websites, and the Materials are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed in the Materials are the properties of its owners and shall remain as such unless indicated otherwise (which may include Marks of our clients, partners, or otherwise). You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Services, the Websites, or Materials for commercial use or public purposes without our express authorization or as granted to you by law.

We may display non-Cyware related information, links and other various items on our Websites relating to third-party software, hardware, services, networks, websites or other resources (collectively, the “Third-Party Resources”), which are displayed for your convenience only. We are not responsible for any Third-Party Resources nor do we warrant anything concerning these Third Party Resources. The inclusion of any Third-Party Resources on our Websites or within the Materials does not constitute approval, endorsement, or recommendation by us for that Third Party Resource or any third party. Cyware disclaims any and all responsibility and liability for your use of any Third-Party Resources.

You will remain solely responsible for the confidentiality of your data provided to the Third-Party Resource and you will remain solely responsible in ensuring that you have necessary protections in place to protect you and your data, such as a backup or system protocols.

CYWARE WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH A THIRD-PARTY RESOURCE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH ACCESSING, RELYING ON, DOWNLOADING, INSTALLING, USING, MODIFYING OR DISTRIBUTING ANY THIRD-PARTY RESOURCE.

No information obtained by you from our Websites shall create any warranty in respect of any Third-Party Resource. Cyware makes no representation, warranty, guarantee or undertaking of any kind in respect of any Third-Party Resource, including without limitation as to the effectiveness, security, functionality, operation, reliability, quality, accuracy, validity, legality or intellectual property rights compliance of any Third-Party Resource. Your use of, or interactions with, any Third-Party Resource, and any third party that provides any Third-Party Resource, are solely between you and such third parties and shall be governed by such licenses and terms of use as specified by such third parties, and Cyware is not responsible or liable in any manner for such use or interactions. Any copyright or other intellectual property rights in the Third-Party Resources shall remain the property of its respective authors and owners. The Third-Party Resources may be updated, changed, or terminated at any time, and in some cases, those Third-Party Resources may become out of date and inaccurate. We do not have the obligation to update such information, correct such information, or notify any party of such changes. Cyware disclaims all liability for, representations to or any warranties (whether express or implied) related to the accuracy or completeness of such material and will have no commitment to update or correct such material. USAGE AND RELIANCE OF THIRD-PARTY RESOURCES ARE ENTIRELY AT YOUR OWN RISK.

If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, text, code or other information and materials, or sign up to our mailing list or create an account on the Websites (collectively, your “User Content”), then you must ensure that any User Content provided by you is true, accurate, up to date and complete. It is your responsibility to correct any inaccuracies or changed old information to any updated information. You also must make sure that any User Content you upload, post, submit, or transfer to us via email, phone, or via the Websites do not breach or infringe upon a third-party’s intellectual rights. We disclaim any liability related to the User Content and shall not be responsible claims arising from or related to User Content. The User Content shall remain your property as well as all the rights that derive from such ownership. You represent and warrant to us that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

You are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us promptly of: any unauthorized use of your User Content or account, any breach of security of your User Content or account, or any suspected unauthorized use of the User Content or your account, immediately. Cyware disclaims all liability for any loss or damages that you may incur as a result of an unauthorize use regarding your User Content or account, with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.

By providing your User Content to us in any way, you grant us, and any sub-licensees, a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right and have absolute discretion, to remove, screen or edit User Content. Further, if we have reason to believe that there is likely to be a breach of security, breach or misuse of the Websites or if you breach any of your obligations under these terms or the Privacy Policy, we may suspend your use of the Websites, Materials and/or Services at any time and for any reason.

We are committed to protecting the privacy of your information. Please review our Privacy Policy for details about how we collect, use, and disclose your personal information in connection with your access and use of the Cyware Product Offerings, Websites, or Services.

You are prohibited from using the Websites to post or transmit any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, any material that is contrary to applicable local, federal, or international laws and regulations, or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using the Websites, and we reserve the right to delete any material we deem inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Websites that are not from us.

Except as expressly provided otherwise in a separate written agreement between you and us, all Services (including the Websites and related Materials), are provided “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Use of the Websites, Materials, etc. are at your own risk. Without limiting the foregoing, we make no warranty or condition, unless otherwise explicitly stated in written form, that (i) any of the Cyware Product Offerings, Services, or Materials will meet your expectations or requirements, (ii) the Cyware Product Offerings, Services and Materials will be uninterrupted or error-free, (iii) that the software or the server that makes the Cyware Product Offerings, Services, or Websites available will be free of viruses or other harmful components, and/or (iv) the results that may be obtained from the use of the Cyware Product Offerings, Services, Websites, or Materials will be effective, accurate or reliable. Some states or jurisdictions do not allow the exclusion of implied terms or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that may exist are limited to ninety (90) days.

CYWARE WILL NOT BE OR HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITES FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MEASURES, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE. IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT YOU PAID TO CYWARE TO ACCESS OR USE THE CYWARE PRODUCT OFFERINGS, SERVICES, OR MATERIALS, WITHIN THE MOST RECENT THREE (3) MONTH PERIOD, IF APPLICABLE OR (2) FIFTY DOLLARS ($50 USD). Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

You will, at your own cost and expense, indemnify, defend and hold harmless Cyware and any of its affiliates and their officers, directors, partners, and other applicable personnel (the “Cyware Indemnified Parties”) against any loss suffered or incurred by any third party and arising from a third party claiming that: (a) the content submitted, posted, or transmitted by you through the Websites, Cyware Product Offerings, or Services violated the rights of another person or entity or (b) your breach of these Terms when using the Websites, Cyware Product Offerings, and Services violated the rights of another person or entity. The Cyware Indemnified Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You must only use the content or services provided through the Websites for their stated purpose. You must not use the Websites to or permit a third-party in your control to:

The information contained on the Websites is not intended to provide and should not be construed as advice of any kind. You should obtain appropriate professional advice when necessary.

To the fullest extent permitted by applicable law, you release us and our directors, officers, agents, representatives, other partners, and employees from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

The Terms shall be governed by and construed in accordance with the laws of the United States of America and of the State of New York, without regard to conflict of law principles. You agree that all legal proceedings arising out of or in connection with these Terms shall be brought exclusively in the state or federal courts located in New York, New York, and you expressly submit to the jurisdiction and venue of such courts and consent to extra-territorial service of process, should a dispute arise.

We reserve the right to amend these Terms at any time. You will know if these Terms has changed since the last time, you reviewed it by checking the “Date of Last Update” section below. By continuing to use our Websites after changes have been posted, you are confirming that you have read, understood and agree to the latest version of these Terms. Additionally, we may terminate these Terms and your access to the Website, the materials and/or the Services at any time, without notice to you, if we believe, in our sole discretion, that you have breached, or may breach, any term or condition of the Terms, or we may terminate these Terms for our convenience.

We reserve the right, without notice and for any reason, to remove any Materials from the Websites, correct any errors, inaccuracies, or omissions in any Materials on the Websites, change or update any Materials on the Websites, and to deny access of any user(s) to all or any part of the Services at any time and without prior notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, unless otherwise included in a written contract signed by both parties.

If any provision of these Terms is illegal or unenforceable, then that provision is deemed to be severed and restated to reflect as nearly as possible the original intentions in a manner that complies with applicable law. All other provisions of these Terms will remain in full force and effect.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Websites constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

If you have any questions or feedback about these Terms, please Contact Us.

Date of Last Update: October 5, 2021