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Terms & Conditions

Cyber Helper Terms of use

Terms and Conditions
These Terms and Conditions (also referred to as the “Terms”) apply to all users of Cyber Helper’s Content and Platform, as defined in the Terms.
By accepting the Terms and/or start using the Content and/or the Platform, you (and as applicable, you on behalf of the entity you represent) agree to abide by the Terms.
The user of Cyber Helper’s Content and/or Platform shall hereinafter be referred to as the “Customer” and Cyber Helper. Company Australian Business Number (ABN) 64 647 204 644, as “Cyber Helper”, collectively the “Parties”.

  1. CYBER HELPER’S CONTENT AND PLATFORM

1.1 Cyber Helper has produced and continues to produce a number of high-quality security awareness videos which the Customer can use in its security awareness campaigns (the “Training Videos”). In addition, Cyber Helper has produced posters and other documentation which the Customer can use for the same purpose (the “Documentation”). The Training Videos and the Documentation are collectively referred to as the “Content”.

1.2 The Customer can decide whether it accesses the Training Videos through an embeddable player to be used on the Customer’s own platform or whether it uses Cyber Helper’s own platform. Cyber Helper’s platform is a learning management platform where the Customer can create and schedule training campaigns for its employees (the “Platform”).

  1. SUBSCRIPTION

2.1 The Content and the Platform is licensed to the Customer on a free trial or subscription basis. The Customer subscribes for the use of the Content, for a specific number of users within the entity/organisation (employees), either with or without the use of the Platform (“Applicable Subscription”).

2.2 The subscription period is agreed upon either with Cyber Helper directly or through Cyber Helper’s partners (“Subscription Term”).

2.3 The subscription fee is agreed upon by Cyber Helper directly or through Cyber Helper’s partners (“Subscription Fee”).

  1. LICENSE

3.1 Subject to the Customer’s payment of the Subscription Fee and on the basis of the conditions of these Terms, Cyber Helper grants the Customer a non-exclusive, non-transferable, worldwide license to use the Content, and as applicable the Platform, for the Subscription Term.
3.2 The license granted based on Article 3.1 shall be for the number of users referred to in the Customer’s Applicable Subscription documentation and the Customer shall ensure that the Content is not accessible to third parties outside the entity/organisation in question, unless otherwise agreed by Cyber Helper. The Customer shall also ensure that the users abide by these Terms, as applicable.
3.3 The license to use the Content both covers all Training Videos and Documentations that Cyber Helper has already produced as well as Training Videos and Documentation that Cyber Helper will produce during the Subscription Term.
3.4 Except as expressly permitted by applicable mandatory legislation the Customer and users are not allowed to copy the Content and/or the Platform, reverse engineer the Platform or provide any third party a right to use or otherwise base their right on the Content or the Platform.
3.5 In case of any technical problems with the Platform, Cyber Helper will try its best to assist the Customer. Cyber Helper does however not warrant that the Platform will be uninterrupted or run error-free.

  1. INTELLECTUAL PROPERTY RIGHTS

4.1 By agreeing with these Terms, the Customer acknowledges that Cyber Helper owns all intellectual property rights related to the Content and the Platform, or holds a license to use such rights. Nothing in these Terms or the Applicable Subscription shall be seen as an assignment of any intellectual property rights to the Customer or the users.

4.2 The term „intellectual property rights“, referred to in Article 4.1, shall include but not be limited to; patents, utility models, right to inventions, copyright and related rights, trademarks (registered and unregistered), domain names, goodwill, know-how, designs, database rights, and trade secrets.

4.3 If the Customer or the users become aware of any infringements of Cyber Helper’s intellectual property rights the Customer shall notify Cyber Helper immediately.
4.4 Cyber Helper warrants that it will indemnify the Customer against all liabilities, costs, damages, and losses suffered or incurred by the Customer arising out of or in connection with any claim made against the Customer for actual infringement of a third party‘s intellectual property rights arising out of or in connection with the Customer use of the Platform and/or the Content.

  1. SUBSCRIPTION FEE

5.1 The Subscription Fee shall be paid on a monthly, yearly, or as agreed upon subscription and in accordance with the Subscription Term.

5.2 The Subscription Fee shall be deducted from the Customer’s credit card unless otherwise agreed. Your card issuer may charge you an International Service Fee. This fee is controlled and charged by your bank or card issuer.

5.3 If the Subscription Fee is based on Cyber Helper’s price list, any amendments to the fees shall be in accordance with the price list’s terms.

5.4 If the Customer fails to make any Subscription Fees due, the Customer shall pay penal 10% interest on the overdue amount each month from the due date.

  1. DATA PROTECTION

6.1 If the Applicable Subscription includes the license to use the Platform, Cyber Helper may process certain personal data on behalf of the Customer in the meaning of the General Data Protection Regulation 2016/679 (“GDPR”). That applies if the Customer uses the Platform to assign specific training content to specific users (employees). In such events, it is possible to monitor within the Platform, on the basis of users’ (employees’) names, which users have watched certain Training Videos, at what date, and whether they have completed questions at the end of the videos. In addition, the Platform stores the e-mail addresses of the users (employees) who have had certain training content sent to them (collectively referred to as „Personal Data“).

6.2 When processing such Personal Data on Customer‘s, employees, or other users within the organisation, Cyber Helper is acting as a data processor and the Customer as a data controller, as defined in the GDPR.

6.3 The Customer shall make sure that it has the right to process the Personal Data and that the data subjects are provided with sufficient information on the processing.

6.4 By these Terms Cyber Helper is obliged to

6.4.1 ensure that its employees, with access to the Personal Data, have committed themselves to confidentiality and have received appropriate training on the GDPR;
6.4.2 ensure that all appropriate technical and organisational measures are implemented to ensure the level of security of the Personal Data;
6.4.3 notify the Customer without undue delay after becoming aware of a personal data breach;
6.4.4 only process the Personal Data in accordance with these Terms or the Customer’s instructions and provide the Customer with a notification in the event Cyber Helper believes that such instructions infringe the GDPR;
6.4.5 assist the Customer by appropriate technical and organisational measures, to the extent possible and subject to payment of a reasonable fee, to respond to requests for exercising the data subjects’ rights in accordance with the GDPR and to assist the Customer in ensuring compliance with the obligations in Articles 32-26 of the GDPR;
6.4.6 make available to the Customer all information necessary to demonstrate compliance and either allow for audits conducted by the Customer or a third party on its behalf or have a third party carry out an audit and provide the Customer with access to the results.

6.5 After 12 months from the termination of the Subscription Term, Cyber Helper shall delete all the Personal Data, unless otherwise agreed by the Parties. The Customers can however at all times during the Subscription Term delete the Personal Data. The Customer can also download a copy of the Personal Data processed on the Platform.

6.6 Cyber Helper uses Amazon Web Services for hosting the Personal Data processed in the Platform and by accepting these Term the Customer agrees to Cyber Helper’s use of Amazon Web Services for this purpose. In the event Cyber Helper wants to engage another processor (sub-processor) in the processing of the Personal Data it shall notify the Customer beforehand and provide the Customer a reasonable opportunity to object to such an appointment.

  1. TERM AND TERMINATION

7.1 The subscription is renewed automatically every month or year, depending on the Subscription Term, for an additional month or one-year period, unless the Customer terminates the subscription before the end of the Subscription Term in question.

7.2 Without affecting any other right or remedy available to it, either party may terminate the Applicable Subscription with immediate effect by notifying the other party if;

7.2.1 the other party materially breaches these Terms (such as payment obligations), or
7.2.2 the other party is declared bankrupt, suspends payments, enters into an agreement with its creditors, initiates proceedings for liquidation or winding up, is subject to business reorganisation or becomes insolvent.
7.3 Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances, or causes beyond its reasonable control.
7.4 Upon termination of the Applicable Subscription the license to use the Content and as applicable the Platform shall terminate, the Customer’s access to the Platform, if applicable, will be closed and the Customer shall immediately pay any Subscription Fee due to Cyber Helper.

  1. LIMITATION OF LIABILITY

8.1 Neither party shall be liable under these Terms to compensate the other party for any indirect damages, including loss of profit or business.
8.2 In all events the total liability of the Parties, whether in contract, tort, or otherwise shall not exceed a sum equal to the Subscription Fee paid by the Customer for the last three months previous to the event giving rise to the liability. This limitation of liability shall however not apply to infringement of intellectual property rights or if mandatory legislation prevents such limitation of liability.

  1. ASSIGNMENT

The Customer is not allowed to transfer its rights and obligations under these Terms, in whole or in part, without Cyber Helper’s previous consent.

  1. GOVERNING LAW/JURISDICTION

10.1 These Terms are governed by Australian law.

10.2 Any dispute arising out of these Terms shall be finally resolved by the District Court, of Brisbane, Australia.

 

Last updated: 1st June 2021

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