September 27, 2023
1. Introduction
1.1. Agreement to the Terms and Conditions
By accessing, using, or engaging with any services, products, or software provided by Cyberknight, Inc. (“Cyberknight,” “we,” “us,” or “our”), you acknowledge and agree to be bound by the terms and conditions set forth in this agreement. If you do not agree with any part of these terms, please refrain from accessing or using our offerings.
1.2. Definitions
In these terms and conditions:
- “User” refers to any individual, entity, or representative thereof accessing or using our services.
- “Services” encompass all products, software, applications, websites, platforms, APIs, or any other offerings provided by Cyberknight.
- “User Content” pertains to any data, information, content, files, or materials submitted, uploaded, transmitted, or made available by users through our services.
2. Acceptance of Terms
2.1. Eligibility
You must be of legal age and possess the necessary legal capacity to enter into this agreement. By accessing or using our services, you represent and warrant that you meet these eligibility criteria.
2.2. Changes to the Terms
Cyberknight reserves the right to amend, modify, or update these terms and conditions at its discretion. Any changes to these terms will be effective upon posting on our website or notifying users through other means. Continued use of our services following such changes constitutes your acceptance of the revised terms.
3. User Accounts
3.1. Registration
To access certain features or areas of our services, you may be required to register for an account. During the registration process, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy and security of your account information.
3.2. Account Security
You are solely responsible for maintaining the confidentiality and security of your account credentials. Notify us immediately if you suspect any unauthorized use or breach of your account.
3.3. Termination of Accounts
Cyberknight reserves the right to suspend, terminate, or restrict access to user accounts for any reason, including violations of these terms or suspicious or unlawful activities.
3.4. User Responsibilities
As a user, you are responsible for all activities conducted through your account. You agree to comply with all applicable laws, regulations, and industry standards while using our services. You may not use our services for any unlawful, unauthorized, or prohibited purposes.
4. Use of Services
4.1. License
Cyberknight grants users a limited, non-exclusive, non-transferable, revocable license to access and use our services for their intended purposes, subject to compliance with these terms.
4.2. Restrictions
Users are strictly prohibited from engaging in any of the following activities:
- Violating any applicable laws, regulations, or third-party rights.
- Infringing upon the intellectual property rights of Cyberknight or third parties.
- Uploading, sharing, or distributing malicious software, viruses, or harmful code.
- Interfering with the proper functioning, security, or integrity of our services.
- Engaging in any form of data scraping, data harvesting, or unauthorized data collection.
4.3. User Content
By submitting, uploading, or transmitting User Content through our services, you grant Cyberknight a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, distribute, and publicly display that content solely for the purpose of providing and enhancing our services.
4.4. Third-Party Services
Our services may incorporate, integrate with, or link to third-party content, services, platforms, or websites. Cyberknight does not endorse, control, or assume any responsibility for the content, actions, or practices of third parties. Your interactions with third-party services are governed by their respective terms and policies.
4.5. Data Ownership and Portability
Users retain full ownership of their User Content. Cyberknight may provide mechanisms for data export and portability, subject to technical feasibility and compliance with applicable data protection laws.
4.6. Service Level Agreements (SLAs)
Service Level Agreements, if applicable, are outlined in separate agreements and specify service uptime, availability, and support terms.
4.7. Compliance with Laws and Regulations
Users are obligated to adhere to all applicable laws, regulations, and industry standards while using our services.
4.8. Updates and Modifications
Cyberknight reserves the right to update, modify, enhance, or discontinue our services to improve functionality, security, and user experience. Such updates may occur with or without prior notice.
4.9. Service Availability
While Cyberknight strives to maintain the availability and reliability of our services, we do not guarantee uninterrupted or error-free service. Users acknowledge that temporary interruptions or disruptions may occur.
4.10. Termination of Services
Cyberknight retains the right to terminate, suspend, or discontinue any or all of our services, in part or in whole, at any time, for any reason, with or without prior notice.
5. Payment and Billing
5.1. Fees and Payment
If you subscribe to premium or paid services, you agree to pay all applicable fees according to the pricing and payment terms specified in separate billing agreements, invoices, or on our website.
5.2. Subscription Plans
Subscription plans, if available, may be subject to additional terms and conditions that users must review and accept before subscribing.
5.3. Invoicing and Payment Terms
Invoices for premium or paid services will be sent to users based on the billing cycle specified in the applicable billing agreement. Payment terms, methods, and details will be outlined in the invoice or accompanying documentation.
5.4. Refunds
Refund policies for premium services, if applicable, will be detailed in separate agreements or communicated to users.
5.5. Taxes
Users are responsible for any applicable taxes associated with
their use of our services. It is your responsibility to comply with tax laws in your jurisdiction.
6. Data Privacy
6.1. Data Collection and Use
Cyberknight collects and processes user data in accordance with our Privacy Policy, which outlines the types of data collected, purposes of data processing, and user rights regarding their data.
6.2. User Consent
By accessing or using our services, users explicitly consent to the collection, processing, storage, and use of their data as described in our Privacy Policy.
6.3. Data Security and Protection
Cyberknight employs reasonable and industry-standard security measures to protect user data; however, no data transmission or storage can be guaranteed to be entirely secure.
6.4. Data Retention and Deletion
User data is retained and deleted in accordance with our data retention policies, and users have the right to request data deletion, subject to applicable laws and our Privacy Policy.
6.5. Data Breach Notification
In the event of a data breach affecting user data, Cyberknight will comply with applicable laws and regulations by notifying affected users and relevant authorities promptly.
6.6. Cookies and Tracking Technologies
Our use of cookies and tracking technologies is detailed in our Cookie Policy, which forms an integral part of these terms.
7. Intellectual Property
7.1. Ownership of Intellectual Property
Cyberknight retains all rights, title, and interest in and to its intellectual property, including but not limited to software, trademarks, copyrights, trade secrets, and any related documentation.
7.2. User Content
Users retain full ownership of their User Content. By providing User Content through our services, users grant Cyberknight a license to use, reproduce, adapt, modify, distribute, and display that content as necessary for the provision and enhancement of our services.
7.3. Copyright Infringement
Cyberknight respects the intellectual property rights of others and expects users to do the same. If you believe that any User Content or material available through our services infringes your copyright, please follow our designated procedures outlined in our Copyright Policy.
8. Confidentiality
8.1. Non-disclosure of Confidential Information
Users may have access to confidential information as part of their use of our services. Users agree not to disclose, share, or misuse any confidential information obtained through the use of our services.
8.2. Exceptions
Certain information may not be subject to confidentiality obligations, such as information that is publicly available, independently developed by the user, or disclosed with the consent of the disclosing party.
9. Disclaimers and Warranties
9.1. Use at Your Own Risk
Users acknowledge and agree that the use of our services is at their sole risk. Cyberknight does not warrant or guarantee that our services will be error-free, uninterrupted, or secure.
9.2. No Warranty
To the fullest extent permitted by applicable law, Cyberknight disclaims all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.3. Limitation of Liability
To the extent permitted by law, Cyberknight shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with your use or inability to use our services.
9.4. Exceptions
Some jurisdictions do not allow limitations on liability, so the above limitations may not apply to you. In such cases, Cyberknight’s liability shall be limited to the maximum extent permitted by law.
10. Indemnification
10.1. User’s Responsibility
Users agree to indemnify, defend, and hold harmless Cyberknight, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to our services.
- Your violation of these terms.
- Your violation of any third-party rights, including intellectual property rights.
- Your violation of any applicable laws or regulations.
10.2. Cyberknight’s Right to Defend
Cyberknight reserves the right to assume the exclusive defense and control of any matter subject to indemnification by users, in which case users agree to cooperate fully with Cyberknight in asserting any available defenses.
11. Governing Law and Jurisdiction
11.1. Applicable Law
This agreement is governed by and construed in accordance with the laws of the State of Delaware, United States, excluding its conflicts of law principles.
11.2. Dispute Resolution
Any disputes arising out of or related to this agreement or your use of our services shall be subject to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, unless otherwise mutually agreed upon by the parties.
11.3. Exclusive Jurisdiction
Users and Cyberknight agree that any legal action or proceeding arising from or related to this agreement shall be brought exclusively in the state or federal courts located in the State of Delaware, United States.
12. Changes to the Terms and Conditions
12.1. Notification of Changes
Cyberknight will notify users of any changes to these terms by posting the revised terms on our website or through other reasonable means.
12.2. Continued Use After Changes
By continuing to access or use our services after any changes to these terms, you agree to be bound by the updated terms and conditions.
13. Termination of Agreement
13.1. Termination by Users
Users may terminate this agreement by discontinuing their access to and use of our services.
13.2. Termination by Cyberknight
Cyberknight may terminate or suspend this agreement, user accounts, or access to our services, in whole or in part, for any reason or no reason, with or without notice.
13.3. Consequences of Termination
Upon termination, users lose access to our services, and any outstanding fees may become due immediately.
14. General Provisions
14.1. Entire Agreement
These terms and conditions constitute the entire agreement between users and Cyberknight
regarding the use of our services, superseding any prior or contemporaneous agreements, communications, or understandings.
14.2. Severability
If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14.3. Waiver
The failure to enforce any provision of these terms does not constitute a waiver of that provision or the right to enforce it in the future.
14.4. Assignment
Users may not assign their rights or obligations under this agreement without the prior written consent of Cyberknight.
14.5. Force Majeure
Cyberknight is not liable for any failure to perform or delay in performance due to circumstances beyond our control, including but not limited to natural disasters, wars, strikes, and government actions.
14.6. Survival
Sections related to intellectual property, confidentiality, disclaimers, warranties, indemnification, limitation of liability, and governing law shall survive the termination of this agreement.
15. Contact Information
For any inquiries or requests regarding these terms and conditions, please contact:
Cyberknight, Inc.
177 Huntington Ave Ste 1703
Boston, Massachusetts, 02115 US