Terms of Service
Last update: 01-07-2021
Cyver Terms of Service
By using, accessing, or visiting Cyver or any of its affiliated web properties or services, you agree to the terms of service stipulated below. By signing in, creating an account, registering, or requesting services, you agree to comply with and be legally bound by the terms defined below, regardless of whether you go on to become a registered user. These terms govern your access to and use of Cyver and all its properties, services, and content. These terms constitute a binding legal agreement between you and Cyver (Cyver BV). If you do not agree with these terms, you have no legal right to access or obtain information or services from Cyver or its properties. These terms are legally binding whether you review them or not.
Scope of the General Terms and Conditions
This Terms and Conditions (“Terms”, “Conditions”) outlines the general terms of service for Cyver (“Cyver ”, “We”, “Us”, “Our”) by which customers, visitors, clients, etc. (“user”, “you”, “your”) are legally bound when accessing, using, or implementing Cyver or its properties in any way. Supplemental terms will be provided via an Order (“Contract”) to customers wishing to purchase a service, and mutually agreed upon to cover pricing, additional terms of service, and terms specific to the user.
Cyver provides data security and compliance services, colloquially known as “Pentesting” “Penetration Testing”, delivered via an online cloud portal (“Web Property”) and conducted at the discretion and explicit request of the user. Cyver also provides access to digital services, automated services, and reporting. These are collectively referred to as “Services” throughout this Terms and Conditions, via our website, web application, and other properties, collectively referred to as “Properties”, “Site”, and “Platform”. See “Definitions” at the bottom of this page for further information.
Furthermore, if you accept or agree to these terms on behalf of a legal entity such as a company or organization, you assume full responsibility for ensuring you represent and have the authority to bind that company or legal entity to these terms. In such an event, “you”, and “your” refer to and apply to that company and/or legal entity.
Failure to comply with these Terms of Service may subject you to litigation and civil penalties.
Order of Precedence
Should any secondary terms or orders conflict with the General Terms of Service, the latter terms and conditions will take precedence, with the exception of conflicts caused by human error or honest mistake. Conflicts listed in an Order must expressly amend General Terms and Conditions to be considered as purposeful rather than erroneous amendments.
Cyver reserves the right to modify the services or its properties and these Terms, including Service Fees, at any time, at its sole discretion, and without prior notice.
Modifications to the General Terms of Service will be updated on the site at Cyver .io/Terms. We will notify users of changes via email where possible.
By continuing access to and usage of Cyver and its properties or services, you are agreeing to be bound by the terms and any modifications therein. If changes are unacceptable, your only recourse is to cease usage of services or properties.
Any notices or communications required hereunder, including those regarding modifications, will be written and distributed via email, from Cyver, where the user has provided an address. Notices to Cyver may be sent to email@example.com to our headquarters at Frederik Hendrikstraat 1052 HN Amsterdam, The Netherlands.
By accessing or using Cyver, its properties, or its services, you agree to be legally bound by the terms and conditions. These terms of service stipulate that you must be 18 years or older in order to access web properties or services. Minors may access and utilize Cyver services and properties with express support and guidance from a Guardian, by contacting firstname.lastname@example.org.
Using Cyver Properties and Services
Cyver delivers penetration testing and cyber security services via a digital platform. These tests are delivered to user properties as agreed-upon by a separate Order, with individual scope, terms and conditions, and limitations. Results including reporting, assessments, and ongoing contact with pentesters is carried out through the Platform. Cyver will independently verify the pentesters in its employ.
Registration is necessary to access most of the services offered by Cyver. Registering to create a Cyver account requires submitting personal information including your name and contact information. By registering an account, you consent to these terms and conditions on behalf of yourself and any legal entity which you may be requesting services for.
You agree to provide accurate, current, and complete information during registration and to update information to ensure that it remains accurate, current, and complete. You are responsible for ensuring the accuracy of personal information collected by Cyver and any damages or liabilities ensuing from incorrect or missing information will be assumed by you, the user.
- As a user, you may not have more than one (1) active account.
- You are responsible for safeguarding your account login information including username, password, and recovery details
- You agree that you will not disclose your password to any third party
- You agree that you will take sole responsibility for any activities or actions on your Cyver Account, whether you have authorized such activities or actions or not, with the exception of non-account related breaches of Cyver properties.
- You agree to immediately notify Cyver (email@example.com) of any unauthorized activity or usage of your Cyver account.
User Conduct and Applicable Laws
As a user, you are solely responsible for compliance with any and all Applicable Laws and Tax obligations that may apply to your usage of Cyver properties or services. Except as otherwise expressly provided in the Terms, you agree that any legal remedy or liability you seek to obtain for acts or omissions of members, or third parties will be limited to a claim against those parties. You agree to not impose any liability on Cyver with respect to acts or omissions of other members or third parties.
In connection with Cyver properties and services, you agree that you will not:
- Violate any applicable laws, including but not limited to privacy laws, zoning laws, tax regulation, etc. This includes but is not limited to Applicable Law relating to civil liability, such as performing fraudulent acts, posting content that is defamatory, obscene, pornographic, vulgar, or offensive, or which is discriminatory, hate speech, racism, or promotes violence or illegal activities.
- Use of manual or automated software, devices, scripts, robots, or other processes to “access”, “scrape”, “crawl”, “spider”, “or access other services or properties of Cyver.
- Utilize services or Cyver properties in any way not expressly permitted by these terms.
- Copy, store, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit or access information contained in Cyver properties or services, in ways not expressly permitted by these terms or an Order of service.
- Systematically retrieve data or other content from Services or Properties, whether by manual or automatic means.
- Remove, alter, obscure, or replace any copyright, trademark, service mark, or other proprietary rights noticed incorporated in the Services or Properties.
- Infringe on the rights of any person or entity, including but not limited to posting, publishing, submitting, or transmitting content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights.
- Interfere with or damage the Services or Properties, unless expressly requested to do so.
- Use the Services or Properties to transmit, distribute, post, or submit information concerning other persons or entities without their express permission or the legal right to do so.
- Utilize the site for any purpose not expressly allowed under these terms and the Order, including for the distribution of unsolicited email, to stalk or harass other users, to collect personal information from other users, etc.
- Register more than one Cyver Account
- Contact any user or Cyver for any reason other than communication related to Services
- Impersonate any person or entity or to falsify or misrepresent yourself, your rights, or affiliation with any person or entity
- Use, display, mirror, or frame the Properties or any individual element of the Properties or Services, without the express, written consent of Cyver. Contact us at firstname.lastname@example.org with any requests.
- Access, tamper with, or duplicate in any way non-public areas including but not limited to backend of the website and web properties, computer systems, technical delivery systems, or through Cyver’s providers, unless expressly requested to do so.
- Attempt to probe, scan, or test the vulnerability of the Services or Properties, including but not limited to networks, technical delivery systems, servers, computers, security authentication, etc., unless expressly requested to do so.
- Avoid, bypass, remove, deactivate, impair, or otherwise circumvent technological measures implemented to protect the Properties or Services, either by Cyver or any other third-party.
Any violation of these obligations constitutes a material breach. Cyver will investigate and prosecute violations to the full extent of Applicable Law.
Cyver is under no obligation to monitor user access to Services or Properties. However, we do so for the purpose of operating, maintaining, and improving the Services and Properties. This monitoring ensures that users continue to abide by the Terms of Service.
Cyver reserves the right to void access rights to services and properties at any time, without prior notice. Rights to refunds for Services purchased are completely void if the user is found to have violated the terms of service.
Cyver and the User shall establish and maintain appropriate administrative, physical, and technical safeguards to prevent destruction, loss, dissemination, or alternation of Confidential information, within reasonable established practices and standards.
Cyver, its properties, and services are protected by copyright law in the Netherlands and the EU. This is further defended by international copyright treaties.
By using Cyver, its services, or properties, you acknowledge and agree that Cyver or its third-party suppliers and licensors own all rights, title, and interest to these properties. This includes but does not limit to any technique, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, graphics, video content, or data and information available through the properties or services. This includes but does not limit to any techniques, ideas, methods, processes, and tooling utilized by Cyver through the site.
So long as you remain compliant with the Terms of Service, Cyver grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, utilize, and view Cyver content for internal use or use in connection with Cyver services and properties. No licenses or rights are granted to you by implication or otherwise, under any intellectual property rights owned or controlled by Cyver or its licensors, except for the licenses and rights expressly granted in these terms. This clause is not modifiable by any further Order or specific Terms.
We may, at our sole discretion, permit users to post, upload, publish, submit, or transmit content. This content will be considered confidential and will be treated as Personal Information under the terms of this contract. Cyver does not claim any ownership rights to user content.
Proprietary Rights Notice
All proprietary designations of Cyver including logos, trade names, trademarks, service marks, etc. Are properties of Cyver and are trademarks or registered trademarks of Cyver. Our Services and Properties also include proprietary designations and trademarks belonging to respective third parties.
Cyver utilizes third-party services and content, including but not limited to services such as Google Analytics, Auditflow.io, and tooling related to security scanning. We maintain these tools at our discretion and are not obligated to disclose third-parties to users. We are obligated to disclose when third parties have access to user data and Personal Information.
In addition, in the instance where the Services or Properties link to a third-party website or resource, Cyver is not responsible for the quality, availability, safety, accuracy, or lawfulness of said link. Links to any website do not imply endorsement or approval of any content, service, website, or platform. By following a link, you acknowledge sole responsibility for any risk arising from utilizing any website or resource.
Termination of User Account or Services
Cyver retains the right to terminate these Terms, our Properties, and our Services, without liability to you, without cause, and without prior notice. Upon termination of services or user account, we will promptly (within 30 days of termination) repay any amounts reasonably owed, at our discretion. Any violation of these Terms by the user will result in forfeiture of any amounts paid for services or platform access.
In the event that Cyver terminates services, properties, or your user account, you remain liable for services previously performed. Any fees owed for services already performed remain due and must be paid within the timeframe stipulated in the Order.
Cyver will not cancel a user account, service, or Order with an active Order in effect, without due cause. Due cause may include but is not limited to a breach of Terms of Service, a breach of the Order (such as failure to pay), failure to cure such a breach following 30 days following your receipt of notice, or in the unlikely event of natural or manmade disaster or breach preventing Cyver from reasonably fulfilling the Order.
Cyver may suspend a user account at any time. We will offer an explanation for suspension on request. Email us at email@example.com.
You may cancel your Cyver account at any time, via your account. You may also email us at firstname.lastname@example.org to request an account cancellation. You will remain liable for any current fees due for services already rendered or agreed to in a signed Order. Should you cancel your account with an open Order, you are still liable for payment. However, we are not liable to return or submit any content or services for that Order.
You may not assign, transfer, delegate, or subcontract access to Services or Properties through these terms, or any of your rights or obligations, in whole or in part, by sale of assets, merger, operation of law, otherwise, without Cyver’s explicit written consent. Any attempt to do so without prior consent will be null and will have no effect. Any attempt to transfer rights or Services may result in account and service termination, without prior notice.
Service Level Agreement
Cyver represents and warrants that it shall provide Services through the Properties and meet Order obligations in a timely and professional manner, as agreed upon in the Order. We agree that we will assume all necessary precautions to ensure the professionalism and safety of our Pentesters. We take sole responsibility for the actions and liabilities of our Pentesters. If the user notifies Cyver of a breach within twenty (20) days of the breach, Cyver shall take action to make reparations for the breach, including at the user’s request, perform additional testing at no additional cost.
Cyver, its properties, and its services are provided “as-is”, without any representations or warranties of any kind. Cyver makes no claims that the properties, services, security services, vulnerability reports, or other services will meet your needs, will be available on an uninterrupted, secure, or error-free basis, or will provide satisfaction. Cyver makes no warranty regarding the quality of any programs, applications, or tooling provided through our services. However, we will attempt to ensure user satisfaction and report quality using every reasonable measure available to us.
No advice, statement, or Order, oral or written, will create any warranty not expressly made in these Terms.
Limitation of Liability
By using Cyver services or properties, you acknowledge and agree that, to the maximum extent permitted by Applicable Law, neither Cyver nor its licensors, suppliers, or contractors are liable for any direct, indirect, incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, technical damage or failure, personal or bodily injury, or emotional distress arising out of or in connection with the Terms, the use or inability to use the Services or Properties, or from any communications with Cyver or its representatives. This applies whether based on warranty, Order, contract, tort, product liability, or other legal theory, whether or not Cyver has been duly informed of the possibility of such result.
No event will result in Cyver’s total aggregate liability arising out of or relating to your usage of the properties or services.
You as the user acknowledge, understand, and agree that the nature of penetration testing may result in harm or disruption to your organizations properties and services. You acknowledge and agree that neither Cyver nor its Pentesters shall assume or have any liability of any kind, unless the pentester is shown to have committed gross negligence or committed willful misconduct.
You agree to release, indemnify, and hold Cyver and its employees harmless from and against claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of Cyver Properties or Services. You hereby agree to defend Cyver, at your expense, against any and all claims, actions, suits, or proceedings arising out of or relating to your actions relating to access or use of the Properties of Services, your breach of the Terms, or your violation of Applicable law.
You agree to report misconduct, including anyone who engaged in offensive or inappropriate behavior, persons you suspect of breaching terms of service, persons engaging in any disturbing or inappropriate conduct, persons breaching Applicable law, including but not limited to suspected theft, fraud, violence, or illicit activities. Should you feel yourself or others to be in danger, you will immediately report the behavior to appropriate authorities, after which you will report the incident to Cyver, emailing the report number to email@example.com
You and Cyver agree that where possible, any dispute, claim, or controversy arising out of or relating to the Terms or their breach, termination, enforcement, interpretation, or validity will be settled by binding arbitration, with the exception that each party retains the right to seek injunctive or equitable relief in the case of actual or threatened infringement, of a party’s intellectual property rights.
These Terms will be interpreted in accordance with the Laws of the Netherlands. You and we agree to submit to the personal jurisdiction of a court located in Noord Holland, The Netherlands for any actions which the parties retain the right to seek an injunction or equitable relief.
Various terms are used throughout this document. Some definitions are provided here with the intent of clarifying and solidifying their meaning.
Account Creator – A person who creates a Cyver account.
Applicable Laws – Any statute, law, ordinance, regulation, code, order, judgment, directive, common law, judgement, decree, requirement, or rule of any state or government or political subdivision thereof, including but not limited to arbitrators, courts, and tribunals, which Cyver may be subject to or under the jurisdiction of.
Application – An application, either the Platform or third-party tooling used by Cyver to perform services. Cyver is not obligated to disclose this tooling to users.
Order – A transactional document (Order, statement of work, contract), providing a description of services, detailing quantities, pricing, and additional terms.
Cyver – An online Software as a Service (SaaS) platform offering digital services in combination with penetration testing for users requesting security tests.
Cyver Content – Content created through or made available through Cyver or its properties, including without limiting to data, documents, screenshots, templates, and report forms. Content includes but is not limited to text, graphics, images, music, software, audio, video, information, and other material. Cyver does not claim ownership of user-created data such as user profile photos, user comments, etc.
Personal Information – Personal Information, also known as Personal Data, relates to identified or identifiable information relating to your person or a legal entity, under Applicable Law.
Platform – The Software as a Service platform offering user login and portals as well as portals for Cyver and its employees.
Service Fees – Fees set forth for use and access to services and properties
Site – Cyver.io, where services are made available
User – A person who accesses, registers, or uses the services or properties provided by Cyver. The user may be an account creator, invited by the account creator, collaborator (such as someone in the employ of the account creator or their organization), or perform another function.
Pentester– A person under the employ of Cyver, who is performing services for the user, under specific contexts agreed to by the user.
Should you have any questions, feedback, or comments regarding these terms, please feel free to contact us at firstname.lastname@example.org for more information.
Cyver’s failure to enforce these terms does not constitute a waiver of future enforcement of that right or provision. A waiver of these Terms will be effective only if written and signed by both parties by a duly authorized representative of Cyver.