Terms and Conditions

“App” means the mobile application named “CybResilio”.

“Content” means without limitation, the structure of the App, editorial content, designs, illustrations, images, photographs, graphics, marks, logos, abbreviations, audiovisual works, multimedia works, visual content, audio content and sound content, as well as any other content appearing or collected in the App and/or any other component comprising the App.

“Services” means the various features and services offered by the App including, without limitation, the display, sequencing, use and interaction of Content, encrypted storage and transfer of data and aggregation and reporting of data.

Access to and use of the App, the Content and the Services shall be subject to acceptance of these Terms and Conditions without reservation by the User. By installing and agreeing to Terms and Conditions of this App, the User accepts unconditionally and without reservation the entirety of the Terms and Conditions set out herein.

The purpose of the App is to provide users with information on their cybersecurity risk exposure and to give recommendations on the countermeasures to address the identified risks.

Users can select a preferred cybersecurity plan that they wish to subscribe to and received tailored recommendations based on that plan. To improve the relevance of recommendations, users can also provide their geographic location, level of technical competency, and risk appetite. The app allows users to rate the relevance of the identified risks and the recommendations and to keep track of the completed countermeasures.

Any data we collect may be used for research purposes and for improving the functionality and service provided by CybResilio.

The User is only permitted to use the App solely for the purpose intended by the App. The User must not use the App for any illegal or unauthorised purpose, or in a manner that is coercive, intimidating, threatening, unlawful, or in violation of the User’s organisational policies.

The App is offered to Users free of charge. Any cost associated with internet connection, access or data transfer will be the User’s responsibility.

In order to access and use the App properly, the User must have a compatible mobile phone or mobile device and internet access.

The App may be downloaded free of charge from the “Apple Store” and “Google Play Store” platforms.  

The version of the software incorporated into the App may be updated from time to time in order to add new Content or Services.

We undertake to use our best endeavours to render access to and use of the Services offered by the App. However, availability or functioning of the App cannot be guaranteed and we shall, under no circumstances, be liable for any loss, damage or harm that occurs due to, in the course of, using the App.

We reserve the right to terminate, interrupt, suspend or limit access to all or part of the App and/or the Services, in particular, on account of any technical or legal constraints or for maintenance without informing the User in advance.

The User must have an authorised account to access the App. After installing the app on their device, users are required to register an account by providing a username and a password.

For privacy reasons, the app does not require any identifiable personal information including users’ email address. However, this means that if users lose their credentials, their account cannot be recovered. Any accounts that are dormant for a prolonged period may be deleted.

The User agrees not to share login credentials to their account or share any data collected in the App with any third party unless expressly permitted by us.

We reserve the right to suspend or close the User’s account without prior notification to the User or the User’s organisation if it deems that the User has violated any of these Terms and Conditions; is required to do so by applicable law; or for any other reason deemed necessary by us including, but not limited to, use of the App in a way that may disparage, tarnish or otherwise harm, in our opinion, us or the App.

We are the owner of all intellectual property rights associated with the App, its Content and Services. All proprietary information and data owned by us, including the App name and logo, is protected by applicable intellectual property and other laws, including but not limited to copyright.

The User expressly undertakes:

• to use app in accordance to the intended purpose;
• not to extract or reuse, including for private purposes, any content in the databases and archives constituted by the App;
• not to put in place, intentionally or unintentionally, systems capable of hacking, impairing, disrupting, altering or otherwise interfering with all or part of the App, including any features, functions or operations;
• to inform us of any or suspected hack or disruptions of our services;
• not to sell, lease, sub-license, distribute or otherwise transfer the App and/or the Content to third parties in any manner whatsoever.

We may only collect and process Personal Data that is strictly necessary for the purpose for which the App is intended. To access and use the App, the User must provide a username and password – we recommend that users not select personally identifiable usernames. While using the App, the User may provide their geographic regions or country, their cybersecurity risk appetite, and other preferences.

The App does not collect information that personally identifies individuals.

When visit our website through a web browser, our third-party service providers, specifically our hosting and analytics service providers, may collect information associated with web visits such as IP address, web browser, and tracking data including cookies.

While no cybersecurity measures are fool proof, we endeavour to protect the data that we use and collect through administrative and technical measures.

Any data collected by the App is stored in an encrypted database on the User’s mobile phone or device and transferred to our servers through an encrypted pathway via HTTPS (secure tunnel to send), and OAUTH2 for authorization.

The App does not make use of any geolocation features on users’ mobile devices.

The User shall be solely responsible for the proper and discerning use of the Services made available on the App. We may not be held liable for any direct and/or indirect, material or immaterial consequences of any use and/or interpretation by the User of any information and/or advice appearing in the App.

The App is provided in its “as-is” and “as available” state, without any warranty whatsoever.  It shall be incumbent upon the User to take all appropriate measures to protect against any breach of data and/or software stored in the User’s mobile phone or device. The User acknowledges the possible risk of data loss and data leaks, despite relevant data protection mechanisms committed by us, and that we shall not be held liable for any loss or damage that emanates from the use of the App.

Under no circumstances will we be liable to the User or any third party for any direct, indirect, consequential, exemplary, incidental, special, punitive or other damages arising from use of the App.

Furthermore, we will not be held liable:

• for any defect, loss, delay or error in the transmission of data;
• if the User is unable to access or use the App and/or the Services for any reason whatsoever;
• if a connection must be terminated for any reason whatsoever;
• in the event of any misuse of the relevant device and/or any incident attributable to use of the relevant device during use of the App;
• for damage of any nature whatsoever caused to the User, the User’s mobile phone or device, and any software or data stored thereon.

The User agrees to indemnify, hold, save harmless, and defend us from and against all suits, proceedings, claims, demands, losses and liability of any kind or nature, including, but not limited to, all litigation costs and expenses, attorney’s fees and expenses, settlement payments and damages, based on, arising from, or relating to: the User’s breach of these Terms and Conditions; the User’s violation of the rights of a third party including, but not limited to, intellectual property rights. We will use reasonable efforts to notify the User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We reserve the right to modify all or any of the provisions of the Terms and Conditions without delivering any notice or providing any information in advance to Users. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the App after the such revised Terms and Conditions have been posted.

Any update or modification to the App shall be governed by these Terms and Conditions, in the absence of any express provision to the contrary.

Terms and Conditions effective as of March 2024