Effective Date: January 27, 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 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 this website. 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 boxes, clicking “I accept”, spelling out your name, or taking similar actions intended to indicate acceptance) will be as valid and binding as a handwritten signature.
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 account settings 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 Platform, 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.
CONTENT; FEEDBACK; DATA
“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 Content are owned by us or our third-party licensors and are protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Services should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Services and Content for your personal use. Any use of the Content (including our names, logos, and trademarks) will inure to our benefit.
If you provide feedback, suggestions, improvements, or requests for additional functionality (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.
“Usage Data” means anonymized or aggregated technical or usage data relating to the use and performance of the Services. We may use and disclose Usage Data to improve our offerings and for other legitimate purposes, provided we will not disclose Usage Data in a manner that identifies you without your prior written consent.
“Submitted Data” means network traffic information, logs, files, packets, and other data submitted to the Services by a customer for purposes of generating a network map or other requested output. We do not manually pre-screen or vet Submitted Data, and it may or may not contain Personal Data which may or may not be encrypted. The Services automatically process and analyze Submitted Data to generate the requested output, and the raw Submitted Data is promptly deleted from our systems 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 AND WARRANT 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.
COMMUNITY STANDARDS; RESTRICTIONS
You must at all times comply with any applicable laws, rules, and regulations. You represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Services or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Services or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Services or Content; (iv) disassemble, decompile or reverse engineer the Services or Content; (v) attempt to hack, defeat, or 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 System Data that you are not authorized to access); (vi) 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; (vii) violate any applicable local, state, national or international law; (viii) 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; (ix) send unsolicited advertisements through the Services; (x) use the Services in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; or (xi) provide any false or misleading information or any information that you do not have the right to provide.
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 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 CONTENT.
YOUR USE OF THE SERVICES AND 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 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 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, 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 REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES IS TO DISCONTINUE YOUR USE THEREOF.
RELEASE AND INDEMNITY
You will 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) without notice. We may terminate or suspend your account at any time, if (i) you breach these Terms; (ii) you fail to pay any subscription fees due to us, or otherwise breach the applicable separate contract with 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; to delete your account please contact us as set forth at the end of these Terms. You may terminate your subscription only if we materially breach these Terms and fail to cure such breach within 45 days of receiving your written notice thereof. 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 so survive.
DISPUTE RESOLUTION; MANDATORY ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION
These Terms 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 HERETO 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 these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these Terms will be 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. 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 this website or the Services.
For more information or for help in answering any questions, please contact us at [email protected].