Effective Date: October 31, 2022
PLEASE REVIEW THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES.
These Terms of Service (these “Terms”) form a binding legal agreement between Cyberspatial Inc., a Delaware corporation (“we”, “us”, or “our”) and you (on behalf of yourself if you are an individual user or on behalf of your employer or other entity, who is responsible and liable for your acts or omissions, if you are using our services on behalf of the employer or other entity) regarding the use of our websites, platforms, and related services and offerings (collectively, the “Services”).
By registering an account or otherwise accessing or using the Services, you agree to be bound by these Terms. We may update these Terms from time to time in our discretion. We will always keep the current version of these Terms posted on our website, and if you have a Services account, we will notify you of new versions of these Terms using the contact email in your account and/or by posting a notice in the Service. By using the Services after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Services. You consent to the use of electronic signatures in connection with the Services, including your acceptance of these Terms and our other policies. Your electronic signature (which may include checking a box, clicking a button to indicate your assent, spelling out your name, creating an account, or taking similar actions intended to indicate acceptance) will be as valid and binding as a handwritten signature.
You will be required to provide certain information to register an account on the Services, such as a name, email address, username, and any other login credentials or information you provide in your account profile (“Account Data“). You are responsible for ensuring you provide complete and accurate Account Data and keep it up to date, and you are responsible for any liability or damages arising from false, fraudulent, or incomplete Account Data. You are responsible for maintaining the security of your account and your Account Data, and you will be responsible for any actions taken using your account login credentials. You are responsible for keeping your own records and making appropriate backups – we will not be responsible for any loss of data in our possession or control.
SUBSCRIPTIONS; FEES AND PAYMENT
Some or all features of the Services will require a free or paid subscription. Subscription options will be as shown on the Services. At the end of your subscription’s initial term (or any renewal), it will automatically be renewed for successive renewal periods of the same length as the initial term, unless you cancel through your subscription prior to the renewal date.
Applicable fees will be displayed when you purchase a subscription, and renewal fees will be at our then-current pricing. Fixed fees may be charged in advance, and volume-based fees will be charged as incurred. We may revise volume-based fees at any time and will notify you of such changes in advance by posting on the Services or emailing the address registered to your account. By providing us a payment card or other payment method information, you authorize use to charge the applicable payment method for the designated amounts on a one-time or recurring basis, as applicable. You acknowledge and agree that we may use one or more third-party payment processors to facilitate payments made through the Services, and that such payment processors will receive sufficient information regarding you and your payment method as needed to process such payments.
All fees are exclusive of, and you are solely responsible for payment of, all applicable value-added, sales, use, right of use and other taxes and all applicable export and duties, and similar charges (other than taxes based on our net income) arising from the transactions hereunder. Subscriptions and fees are non-cancellable and non-refundable, except as expressly stated in these Terms.
SERVICE CONTENT; FEEDBACK; USAGE DATA AND SUBMITTED DATA
“Service Content“ means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Services. The Services and Service Content are owned by us or our third-party licensors and are protected by applicable copyright, trademark, and/or other intellectual property laws. Subject to your continued compliance with these Terms, we hereby grant you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Services and Service Content for your use (and not for resale or otherwise including in any product or offering to a third party) .
If you provide feedback, suggestions, improvements, or requests for additional functionality relating to the Services (collectively, “Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute, and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these Terms or of your account on the Services.
“Personal Data” means information that can be used, alone or with other data, to identify an individual or household, and for example may include a person’s name, username, and email address. The Account Data and Submitted Data that you provide to us via the Services may include Personal Data.
“Usage Data” means information that we collect about how users use and interact with our Services. Usage Data does not include any Personal Data and is anonymized or aggregated. It may include technical details regarding the device you use to access the Services, operating system, browser, referral URLs, page views, clicks, etc. . We own the Usage Data. Our systems automatically collect Usage Data when you interact with the Services, and we may use the Usage Data for any purpose we deem appropriate, including without limitation to improve, maintain, and operate the Services.
“Submitted Data” means data you submit to the Services for purposes of generating analysis, enrichment, visualization, other requested output, including, for example, network traffic information, logs, files, and packets. You own your Submitted Data, and you grant us a non-exclusive, worldwide license to copy, use, display, store, and process the Submitted Data to perform Services that you request through your Services account. We do not pre-screen or vet Submitted Data, and it may or may not contain Personal Data. We strongly recommend that you either exclude Personal Data from the Submitted Data or encrypt any Personal Data that is included in the Submitted Data. The Services automatically process and analyze Submitted Data to generate the requested output, and we may store the raw Submitted Data for you for a limited time after such output has been generated. YOU ARE SOLELY RESPONSIBLE FOR ANY SUBMITTED DATA YOU PROVIDE, INCLUDING WITHOUT LIMITATION FOR ITS ACCURACY, COMPLETENESS, AND RELIABILITY. YOU REPRESENT, WARRANT, AND COVENANT THAT YOU HAVE ALL NECESSARY AUTHORITY, RIGHTS, AND CONSENTS TO PROVIDE ANY SUBMITTED DATA TO US. WITHOUT LIMITING THE REMAINDER OF THESE TERMS, YOU WILL FULLY INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM OR AGAINST ANY LOSSES, LIABILITIES, CLAIMS, OR DAMAGES ARISING IN CONNECTION WITH ANY SUBMITTED DATA YOU PROVIDE US.
RESTRICTIONS ON YOUR USE OF SERVICES
You must at all times comply with any applicable laws, rules, and regulations. You may use the Services only for purposes of good-faith analysis, forensics, investigation, assessment, and evaluation of networks in order to advance the security or safety of devices, machines, or networks of those who use such devices, machines, or networks. You represent, warrant, and covenant that you will not: (i) attempt to hack, defeat, disable, circumvent, or otherwise overcome any encryption technology or security measures regarding the Services or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts (including attempting to access any device, machine, network, or data that you are not authorized to access); (ii) remove any trademark or copyright notices contained in the Services or Service Content; (iii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, resell, lease, create derivative works based upon, or in any way commercially exploit the Services or Service Content other than to use such Services for your own purposes as permitted by these Terms; (iv) use the Services for competitive analysis, to help build a similar or competitive product or service, or otherwise to copy or imitate any features, functions, ideas, graphics, or look-and-feel of the Services or Service Content; (v) use manual or automated means to trawl, mine, scrape, frame, or mirror the Services or Service Content; (vi) disassemble, decompile or reverse engineer the Services or Service Content; (vii) interfere with or disrupt the operation of the Services or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Services; (viii) violate any applicable local, state, national or international law; (ix) post or transmit any content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (x) send unsolicited advertisements through the Services; (xi) use the Services in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; or (xii) provide any false or misleading information or any information that you do not have the right to provide.
If you identify any security issue or other vulnerability in the Services, you must promptly disclose that to us at [email protected]. Your notice must include all information and analysis necessary for us to identify and reproduce the issue.
The Services may contain links to websites owned or operated by third parties. We do not control or endorse such websites and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. We have the right, but not the obligation, to review any content provided by third parties (including other users of the Services). We do not endorse such third-party content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any content provided by third parties and will not be liable for any causes of action (including slander, libel, or invasion of privacy) relating to such third-party content.
The Service Content may include content or data provided by third-party licensors. Such third-party content or data may be subject to separate terms and conditions of the third party. If so, your use of that third-party content or data is subject to your compliance with those third-party terms.
THE SERVICES ARE INTENDED TO PROVIDE INFORMATION AND INSIGHTS REGARDING NETWORK TRAFFIC AND ACTIVITY, BUT WE CANNOT GUARANTEE THAT THE DATA COLLECTED OR DISPLAYED WILL BE COMPLETE OR ACCURATE OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE. YOU EXPRESSLY AGREE NOT TO RELY ON THE SERVICES IN ANY SITUATION WHERE FAILURE OF THE SERVICES COULD RESULT IN DAMAGE TO OR LOSS OF PROPERTY, OR INJURY OR DEATH. WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES OR SERVICE CONTENT.
YOUR USE OF THE SERVICES AND SERVICE CONTENT IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND SERVICE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THE SERVICE CONTENT WILL BE COMPLETE OR ACCURATE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, SERVICE CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES OR OTHER THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ERRORS OR UNAVAILABILITY CAUSED BY LOSS OF POWER OR CONNECTIVITY, OR FAILURE OF INTERNET TRANSMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY ISSUES ARISING OUT OF ANY SUBMITTED DATA YOU CHOOSE TO PROVIDE AND FOR ENSURING YOU ONLY PROVIDE SUBMITTED DATA THAT YOU HAVE THE RIGHT TO PROVIDE AND THAT HAS BEEN ADEQUATELY ENCRYPTED TO THE EXTENT APPROPRIATE.
SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST SIX MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES IS TO DISCONTINUE YOUR USE THEREOF.
RELEASE AND INDEMNITY
You hereby agree to release, defend, indemnify, and hold us, our past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your use of the Services, your violation of these Terms, your provision of Submitted Data, and your use of any network maps or other output of the Services. We may opt to defend such claims at our sole discretion, in which case you will indemnify us for the costs of such defense.
CALIFORNIA RESIDENTS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We may terminate or suspend your account at any time, if (i) you breach these Terms or any other agreement you have with us; (ii) you fail to pay any subscription fees due to us; or (iii) as otherwise advisable in our sole discretion, e.g., to prevent or halt a security incident or comply with applicable laws. You may stop using the Services at any time and may delete your Submitted Data any time from within your Services account. To delete your Account Data please contact us as set forth at the end of these Terms. Please note that deleted data may continue to reside in our regularly scheduled backups until such backups are deleted in the normal course of business. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall survive.
DISPUTE RESOLUTION; MANDATORY ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION
These Terms, and all matters arising from or relating to them, are governed by and will be construed in accordance with the laws of Delaware, without regard to the conflicts of laws provisions thereof.
THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE SERVICES OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED THROUGH BINDING ARBITRATION IN DELAWARE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION USING ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION.
THE PREVAILING PARTY IN ANY DISPUTE ARISING OUT OF THESE TERMS WILL BE ENTITLED TO REASONABLE ATTORNEY’S FEES AND COSTS INCURRED BY THAT PARTY.
THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.
We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include third-party actions or omissions, natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
You may not assign or delegate these Terms or any of your rights or obligations without our prior written consent. Any purported assignment in violation of these Terms is null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect, provided that each party’s essential rights and obligations remain legal, valid, and enforceable. These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. You must provide notice to us by emailing us at [email protected] with the subject line “LEGAL NOTICE”. We may provide notice to you by email or regular mail at the address listed in your account profile, or through messages displayed or sent via our website or the Services.
For more information or for help in answering any questions, please contact us at [email protected].