Last updated: 28 June 2023
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.cyberchief.ai website and/or application (the "Service") operated by Cyber Chief ("us", "we", or "our"), which is an Audacix brand.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Paid users must also adhere to the Master Subscription Agreement and Master Services Agreement where applicable.
BY ACCESSING AND/OR USING ANY APPLICATION OR SERVICE, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION OR SERVICE, AND YOU SHOULD NOT PROCEED FURTHER.
What You Are Allowed To Do
You may only use this Service, if you are a consumer (and not a business user), for non-commercial, personal use, or, if you are a business user, for the internal business purposes of your organisation, and only in accordance with these terms and conditions (and in accordance with any applicable terms of any relevant third party service provider for the device on which you access or use that Application) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from this Service on a computer or mobile device. Additional terms may also apply to certain features, parts or content of this Service and, where they apply, will be displayed on-screen or accessible via a link.
You may link to the Service from any other website provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Service, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
What You Are Not Allowed To Do
Except to the extent expressly set out in these Terms, you are not allowed to:- republish, redistribute or re-transmit this Service;
- copy or store this Service other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
- store this Service on a server or other storage device connected to a network or create a database by systematically downloading and storing data (other than User Content) from this Service;
- remove or change any content of this Service (other than User Content) or attempt to circumvent security or interfere with the proper working of the Service or any servers on which it is hosted, or attempt to reverse-engineer this Service;
- conduct cyber security penetration tests or vulnerability assessments or any other action that could be reasonably considered an attack on another system applying the output of this Service;
- conduct cyber security penetration tests or vulnerability assessments on this Service; or
- use this Service in a way that might damage our name or reputation or that of any of our affiliates; or
- otherwise do anything that it is not expressly permitted by these terms and conditions.
To do anything with this Service that is not expressly permitted by these Terms, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of these Terms.
Intellectual Property Rights
We license, but do not sell, this Service for you to access or use. We remain the owners of the Service at all times.
All intellectual property rights in the Service their content (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or other applicable rights holders. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by accessing this Service or any content from this Service.
The Service may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software).
Please note that, to the extent that this Service contains any Open Source Software, you are only permitted to use that element under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these Terms, and you accept and agree to be bound by such Open Source Licence Terms.
Functionality and Content
You agree that accessing and use of the HTTP security header analysis functionality of this Service that is made available free of charge are on an ‘as is’ and ‘as available’ basis and at your sole risk.
We reserve the right to change the design, features and/or functionality of this Service at any time, with or without prior notice, but we will not materially downgrade the overall benefits of any paid-for Service to your detriment prior to the end of your then-current subscription period.
Whilst we try to make sure that content made available by this Service consisting of information of which we are the source is correct, you acknowledge that this Services may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by this Service is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as expressly set out in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of this Service and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of this Service.
We cannot and do not guarantee that any this Service or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of this Service and its content.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Cyber Chief.
Cyber Chief has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cyber Chief shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
