Terms of Service
1. Introduction
Welcome to Autonomous Cyber! Please carefully read on to learn the rules and restrictions that govern your use of our website, products, services, and applications (the "Services").
These Terms of Service (the "Terms") are a binding contract between you and Autonomous Cyber ("we" and "us"). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
Your access to and use of the Services are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Services. If you are accessing or using the Services on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
PLEASE NOTE THAT AUTONOMOUS CYBER DOES NOT ALLOW USERS TO USE ITS SERVICES AGAINST ANY NETWORK EXCEPT THOSE THEY ARE SPECIFICALLY PERMITTED TO TARGET. ADDITIONALLY, AUTONOMOUS CYBER MAY NOT BE USED IN VENEZUELA, CUBA, RUSSIA, BELARUS, CHINA, NORTH KOREA, PAKISTAN, AFGHANISTAN, IRAN, YEMEN, SYRIA, OR BY ANY ENTITY OF THESE STATES FULFILLING GOVERNMENT FUNCTIONS
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF AUTONOMOUS CYBER WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTIONS 19 & 20 BELOW.
YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE PROVISIONS REQUIRING ARBITRATION BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT BY EMAIL TO SPLASH@AUTONOMOUSCYBERCO.COM.
2. Modification
Autonomous Cyber reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you accept and agree to be bound by any modified Terms.
3. Privacy Policy
These Terms include the provisions in this document, as well as those in the Privacy Policy.
4. Eligibility
The Services are intended solely for persons who are at least 18 years old. By using the Services you are confirming that you are at least 18 years. If you are not 18 or older, you may not use the Services.
If you use Autonomous Cyber on behalf of a company, partnership, association, or other entity, you hereby represent and warrant that you have the capacity to enter into these Terms on behalf of the entity, or that an authorized representative of the entity has agreed to bind the entity to these Terms.
5. Acceptable Use
Autonomous Cyber hereby grants you permission to use the Services provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations where you agree not to use the Services: i. In any way that violates any applicable federal, state, local, or international law or regulation. ii. To impersonate or attempt to impersonate Autonomous Cyber, an Autonomous Cyber employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing). iii. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Autonomous Cyber or may harm the owners and operators of Autonomous Cyber. Additionally, you agree not to: iv. Use Autonomous Cyber in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of Autonomous Cyber. v. Direct Autonomous Cyber to test any network for which you do not have express permission to do so.
6. Additional Terms and Relevant Definitions
To access Autonomous Cyber or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Autonomous Cyber that all the information you provide is correct, current, and complete. All information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
7. Intellectual Property Rights
Autonomous Cyber and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (together, the "Content") are owned by Autonomous Cyber, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Autonomous Cyber or its licensors, except for the licenses and rights expressly granted in these Terms.
8. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You agree that Autonomous Cyber has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in any changes made to Autonomous Cyber.
9. Termination & Monitoring
Autonomous Cyber has the right to: i. Remove any User Accounts for any reason in our sole discretion. ii. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Autonomous Cyber. iii. Terminate or suspend your access to all or part of Autonomous Cyber for any reason, including violations of these Terms, violation of any applicable laws, or to protect the safety or property of other users, Autonomous Cyber, or third parties. iv. Monitor all attempted uses of the Service.
10. Third Party Content
We use third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that Autonomous Cyber does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Autonomous Cyber does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Autonomous Cyber disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Autonomous Cyber with respect to the content or operation of any such third-party websites and services.
11. Warranties
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING AUTONOMOUS CYBER AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," AND AUTONOMOUS CYBER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. AUTONOMOUS CYBER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER MALWARE WILL BE TRANSMITTED THROUGH THE SERVICES.
12. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $20 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.
13. Indemnification
To the fullest extent allowed by applicable law, you agree to indemnify and hold Autonomous Cyber, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
14. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Autonomous Cyber (a) via email (in each case to the address that you provide) or (b) by posting to the website.
15. No Waiver
No waiver by Autonomous Cyber of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Autonomous Cyber to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
16. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Autonomous Cyber’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Autonomous Cyber may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
17. Severability
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
18. Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
19. Governing Law
These Terms (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States. Any action in relation to the use of these services or alleging breach of these Terms must be brought in a state or federal court in Middlesex County, Massachusetts. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
20. Entire Agreement
These Terms constitute the entire agreement between you and Autonomous Cyber regarding your use of the Services, and supersede all prior written or oral agreements.
21. Contact Us
If you have any questions about Autonomous Cyber, please do not hesitate to contact us at support@autonomouscyberco.com.
