Terms and Conditions
Last updated 2024-09-26
Definitions
Works and interpretations used in the document, these meaning have the same meaning used as singular or plural.
Definition | Meaning |
Application | Means the software and any files related to the software to run properly including but not limited to configuration, parsers, enrichers, feeds, etc. |
Company | Refers to CyberBomah (whether used as “We”, “Us”, or “Our”). |
Terms and Conditions | Mean the terms and conditions that form the entire agreement between You and the Company regarding the use the Application. |
Personally Identifiable Information (PII) | Refers to any presentation of information that can be used to identify an individual directly or indirectly. |
Content | Refers to any content the customer submits to the Application, including but not limited to case information, customer parsers, evidence, metadata related to the investigation such as tags, feeds, and configuration of the system. |
License Key | A specific product license key for each customer that includes the expiration date for the subscription and used by the Application to validate the instance. |
Acceptance of Terms
By installing, accessing, or using the “Application”, You acknowledge that You have read, understood, and agree to abide by these Terms and Conditions (“T&C”). These Terms and Conditions apply to all visitors, users, and anyone else who accesses or uses the Service.
You affirm that you are at least 18 years old. The Company does not allow users under 18 to use the Application.
If You do not accept these T&C, do not install or use the Application and contact the Company.
License Grant
Subject to Your compliance with these Terms and Conditions, the Company grants You a limited, non-exclusive, non-transferable license to install and use the Application solely for Your internal business purposes.
After purchase, You will receive a License Key to access the Application. The License Key is valid for a specific period, which will be indicated at the time of issuance. Upon expiration of the License Key:
- The Application will automatically reject any access to the system including retrieving data, create, delete, and edit actions.
- You will no longer be able to use the Application unless you obtain a new License Key from the Company.
It is the Your responsibility to monitor the expiration date of the License Key. However, the Company will make reasonable efforts to inform the You of the upcoming expiration. If you wish to continue using the Application after expiration, you must contact the Company to renew Your License Key.
Restrictions
You shall not:
- Modify, adapt, or create derivative works based on the Application.
- Distribute, sell, sublicense, or transfer the Application to any third party.
- Use the Application for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Application.
- Attempts to crack, change, modify the license key or any submodule in the system for license validation.
In case of using a hosted instance of the Application by the Company, You are fully responsible for not submitting or uploading any Content that includes harmful content or sensitive data to the Application. You acknowledge and agree that you are entirely responsible for the Content and for all actions taken under your account, whether performed by you or any third party accessing your account.
Support
The Company agrees to provide support exclusively for the latest release of the Application and for any previous releases launched within the past 12 months. Support is limited to components included within the Application and does not extend to additional Content uploaded by the customer or third parties such as parsers, enrichers, feeds, or collected evidences.
Some reported issues and fixes may require upgrading the Application to the latest release to be resolved. Additionally, some issues may necessitate access to the customer Application instance if they occur only with specific Content uploaded or used by the customer (such as specific evidence, feed, enricher, etc.). Support will only be provided if the customer has not made any modifications to the Application or if there have been no major changes to the environment of the host running the Application (such as custom Linux server or major changes of the operating system libraries).
The Company reserves the right to determine the appropriateness of support requests and may require the customer to update to the latest version of the Application to receive further assistance.
During the term of the subscription, the customer will receive all new updates and enhancements to the Application and its associated Content as they are made commercially available. These updates may include feature enhancements, bug fixes, and performance improvements. The Company will make reasonable efforts to notify customers of these updates, but it is the customer’s responsibility to ensure they are utilizing the most current version of the Application. Access to new updates and enhancements is contingent upon the customer maintaining an active subscription.
Details of the support provided will be clearly defined in the Your contract with the Company.
Warranty Disclaimer
The Application is offered to You “AS IS” and “AS AVAILABLE,” including any faults or defects, without any warranty of any kind. To the fullest extent allowed by applicable law, the Company explicitly disclaims all warranties—whether express, implied, statutory, or otherwise—related to the Application. This includes all implied warranties of merchantability, fitness for a particular purpose, as well as any warranties that may arise from previous dealings, performance, usage, or trade practices. Furthermore, the Company makes no guarantees or representations that the Application will meet Your needs, deliver specific outcomes, be compatible with other software or systems, operate without interruptions, comply with performance or reliability standards, or be free from errors. There is no assurance that any issues or defects will be corrected.
It is recognized that some sectors, including but not limited to insurance providers, law firms, banking and finance, audit firms, medical institutions, healthcare providers, and government entities (referred to as regulated sectors), are subject to specific legal requirements and compliances related to cybersecurity and data processing and storage. As such, no warranty is provided that the Application, or any part of it, complies with any specific legal requirements and regulation applied to them. It is Your responsibility to assess Your own legal compliance obligations and determine whether our Application meet Your requirements. Additionally, You must ensure compliance with this agreement without putting yourself, Your employees, directors, managers, or affiliates at risk.
The Company and its providers make no representations or warranties regarding:
- The operation and availability of the Application and its content.
- Uninterrupted or error-free performance.
- The accuracy or reliability of information provided.
Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits or revenues, loss of privacy, interruption of the operation, and loss of the data and information, arising from or related to Your use of the Application. This applies even if the Company or its suppliers were aware of the potential for such damage and even if the remedy does not fulfill its intended purpose.
You agree to maintain a complete copy of any Content uploaded or submitted to the Application in a location independent of the Application.
The Company is not responsible for any actions You take while using the Application or for any situations arising from Your use. This includes, by Your knowledge or not, using the Application as a regulated entity without verifying its compliance with Your industry’s legal requirements or standards. Additionally, we are not liable for any decisions You make based on the information entered or displayed in the Application. You acknowledge that any decisions made by you, Your employees, managers, or directors based on the Application or their interpretations of the information are solely Your responsibility. The Company is not liable for the use of any information obtained from the Application.
You agree to indemnify and hold the Company harmless from any claims, damages, losses, liabilities, and expenses arising from Your use of the Application or any violation of these Terms and Conditions.
Termination
The Company may terminate this license at any time if You violate these Terms and Conditions. Upon termination, You must cease all use of the Application and destroy all copies in Your possession.
Right of Withdrawal
You have the right to withdraw from the purchase of the application within 14 days from the date the Application is provided and made available to download, without providing any reason. To exercise this right, You must notify Us with an unequivocal statement through Email (refer to Contact Information section). Upon receiving the withdrawal notice, we will confirm acceptance and issue a full refund of the purchase price, excluding any applicable fees, within 30 days.
Please note that the right of withdrawal will not apply if any of the following cases occur:
- If the Application has been used or modified.
- If an acceptance notice of the Application is sent before the end of the withdrawal period.
- If any of the Terms and Conditions have been violated.
Once the withdraw notification sent, You must cease all use of the Application, and after receiving the acceptance from Us, You must destroy all copies in Your possession. Additionally, if any physical materials were provided, the customer must return them in good condition.
Disputes Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of Saudi Arabia. Any disputes arising from these Terms and Conditions shall be resolved in the courts located in Saudi Arabia.
Changes to Terms
The Company retains the right to amend these Terms and Conditions at any time and for any reason. This may include updates to reflect changes in our services, regulatory requirements, or other operational needs.
Once we make any modifications, the updated Terms and Conditions will be shared with the Customer point of contact. We will also indicate the date of the most recent update to provide clarity on when changes were made.
Your continued use of the Application following the posting of any changes signifies Your acceptance of the revised Terms and Conditions. It is Your responsibility to regularly review these terms to stay informed about any modifications. If You do not agree to the updated Terms and Conditions, You should cease using the Application and contact Us.
Contact Information
For any questions regarding these Terms and Conditions, please contact us at:
[email protected] |