Last updated: 28 May 2023
This agreement is between you, the user, and Cyber Eagle (a company registered in NSW, Australia), operating the website www.cybereagle.co.
1. Acceptance of Terms
By creating an account or using any services provided by Cyber Eagle, you agree to be bound by these terms and conditions ("Terms"). If you disagree with any part of these Terms, you should not create an account, use an account, or cease use of our services immediately.
2. Service License
Cyber Eagle grants you a non-exclusive, non-transferable, restricted license to access our services for the sole purpose of using the services for your internal business purposes. Any other use of the services, either for you or third parties, is strictly prohibited.
4. Feedback
If you provide Feedback to Cyber Eagle, you grant to Cyber Eagle a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable license to use the Feedback in the Service and any intellectual property Cyber Eagle develops.
5. Termination
This Agreement will remain in effect until terminated by either you or Cyber Eagle. Either party may terminate this Agreement for convenience upon written notice to the other party. Upon termination of this Agreement, you must cease all use of the Services.
6. Ownership
Cyber Eagle owns all right, title, and interest in and to the Services and any related Software. All intellectual property rights in the Software and Services are owned by Cyber Eagle and protected by applicable copyright laws, other applicable proprietary rights laws, and international treaty provisions. Cyber Eagle retains ownership of the Software and Services and no rights are granted to you other than a license to use on terms expressly set forth in this Agreement.
7. Limitations
The services are provided to you "as-is". Cyber Eagle makes no express or implied warranties and hereby disclaims any warranties of merchantability, non-infringement, or fitness for a particular purpose or warranties regarding loss of data or results to be obtained from the services or software. Cyber Eagle, its officers, directors or employees shall not be responsible or liable for any loss arising from use of the services or any direct, indirect, special, incidental, consequential or punitive damages, whether based on contract, tort, strict liability, failure of essential purpose or otherwise.
8. Governing Law & Jurisdiction
These Terms of Service and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of New South Wales, Australia. Disputes arising in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
9. Amendment of the Agreement
Cyber Eagle reserves the right to amend this Agreement in its sole discretion at any time upon written notice to you.
10. Limitation of Liability
In the event of any claim against Cyber Eagle, whether under local law or otherwise, you agree that the cost against Cyber Eagle shall be limited to $1 AUD. This includes claims in the event of a data breach, failure to secure your account, or inability to provide service.
11. Compliance with Local Law
By using our services, you confirm that any applicable local law for the use of our monitoring software has been complied with.
12. No Guarantee of Uptime or Service
Cyber Eagle does not guarantee uptime or uninterrupted service. Cyber Eagle is not liable for any loss or damage you may suffer as a result of service outages.
13. Termination of Service
Cyber Eagle reserves the right to terminate the service for any customer at our discretion.
By using our services, you agree to these Terms of Service.
If you have any questions about these Terms of Service, please contact us at at [email protected]
