• “Alerts” means notifications regarding events of interests which you configure the Services to receive based on the information that you want us to monitor (the “Identifier”).

• “Beta Services” means any services which we provide that is indicated as a free trial, for testing, beta or for a proof-of-concept, including developer-only versions.

• “Digital Footprint Assessment” means the Risk Score, Alerts, reports, recommendations, and other information regarding your digital presence which you can obtain from the Services, including by extracting or requesting a copy thereof.

• “Documentation” means any documents that we make publicly available describing the Services, as well as any relevant parameters.

• “IP” means all intellectual property, including, without limitation, works, inventions (whether patentable or not), discoveries, improvements, trade secrets, know-how, scientific formulas, data, information, images, reports, results, analysis, software, models, research and development information, technical information, prototypes, specifications, patterns, drawings, algorithms, products, compositions, processes and protocols, methods, tests, devices, computer programs, trade-marks and all proprietary rights provided under patent law, copyright law, trade-mark law, design patents or industrial design law, semiconductor chip or mask work law, or any other statutory provision or civil or common law principle applicable to the protection of intangible proprietary information or rights, including trade secret law, which may provide a right in any of the foregoing as well as any and all applications, registrations or other evidence of a right in any of the foregoing.

• “Losses” means any claims, damages, fines, costs, expenses, and reasonable attorneys’ fees.

• “Monitored Sources” means online environments, including but not limited to dark web black markets, illicit data exchange sites, and any other platform where sensitive information or personal data may be exchanged, offered for sale, or disclosed in an unauthorized manner.

• “Owner” means the person who owns the corporate or organizational subscription with Cyber PNM.

• “Representatives” means any of our subsidiaries, employees, contractors, licensors, resellers, partners, agents, or representatives.

• “Risk Score” means a risk score that is assigned to your digital footprint through the Platform.

• “Services” means our web application and services, including any monitoring services, the provision of Digital Footprint Assessment, and the provision of technical support, the production of an event report as well as a personalized action plan to improve its Risk Score, as described in the Documentation from time to time.

2. YOUR ACCOUNT

You must have an account to access and use the Services. Accounts are provided by Owner. It is your responsibility to keep your account information, including your username and password, confidential and secure. Make sure the information you provide about your use of the Services is accurate and up-to-date, and refrain from pretending to be someone else or sharing your account with others. You are solely responsible for any activity that occurs under your account. Immediately notify Owner if your account is compromised, or if you suspect any unauthorized access or use. We are not responsible for any losses if your account is compromised due to your own fault or negligence. Your account can contain sensitive information that can be exploited by malicious actors, so make sure you protect it properly.

3. MONITORING SERVICES

You acknowledge that the Services may not identify or report all events of interests relating to the Identifiers and may produce false positives or negatives. The Digital Footprint Assessment may be inaccurate, outdated, or misleading. The Services are for information purposes only and should be used with other protection against fraud and cyber risks. You are responsible for making any verification.

4. IDENTIFIERS

You alone decide which Credentials you wish to monitor through the Services. The types of Identifiers may be limited and may change over time. When you select identifiers to monitor, you give us your consent to monitor that identifier. You are responsible for obtaining consent for the Identifiers of your family members who access the Services, or for whom you use the Services. You are responsible for obtaining consent for the Credentials of your family members who access the Services, or for whom you use the Services. You can review our Privacy Policy to better understand how we handle your personal information. Alerts depend on the nature of the Credentials you choose to provide to us. You are responsible for setting up alerts in your account.

5. MONITORED SOURCES

You acknowledge and understand that the sources monitored by our Services might not cover the entirety of your digital footprint. The Services may not include all potential sources of information, and as a result, the monitoring and analysis provided, including any Risk Score, may not capture or reflect the complete range of activities, risks or vulnerabilities associated with your digital footprint. We may change and limit the Monitored Sources through the Services with or without notice.

6. ALERTS

You can configure the Services to provide you Alerts based on your Identifiers. The Alerts are available in the application, or otherwise, through the email that you provided to us for alerting you.

• You acknowledge that it is your responsibility to ensure that the email address provided for receiving Alerts is accurate and secured. You are responsible for monitoring your email and updating your mail address, as necessary, to receive Alerts. Otherwise, it is your responsibility to consult the Services for any notification.
• We make no representation that all Alerts will be reported, nor that all events of interests will be identified.
• You are solely responsible for taking appropriate actions in response to the alerts provided by our Services. We do not report Alert to Owner. It is your responsibility to report security incidents based on your organizational obligations. If you decide to access the source of the Alerts, you agree and understand that we are not liable for Losses. Online content, especially on the dark net, may expose you or your organization’s IT systems to computer viruses and other security risks. Follow your organization’s guidelines prior for accessing the source of an Alert.

7. RISK SCORE

Cyber PNM provides the Risk Score solely for information purposes and makes no representations, warranties, or guarantees regarding the accuracy, completeness, or reliability of the Risk Score. The Risk Score is generated automatically using an algorithm and has not been reviewed by a human. As such, the Risk Score may be subject to misinterpretation or inaccuracies and may be misleading. Furthermore, the Risk Score is provided solely for informational purposes and should not be relied upon as a representation of any actual risk. Neither Cyber PNM nor its Representatives shall be liable for any Losses resulting thereof, including any errors in the Risk. You agree and understand that your aggregated Risk Score is visible to the Owner.

8. BETA SERVICES

You understand and acknowledge that any Beta Services provided by us are offered on an “as-is” basis and without any warranties or guarantees. We disclaim all liability associated with the use of Beta Services, including, but not limited to, any errors, inaccuracies, or issues that may arise during the testing or trial period. By using these Beta Services, you agree to assume all risks and responsibility associated with their use and release us from any liability or claims arising from the use of Beta Services.

9. ACCEPTABLE USE

Your right to access and use the Services are subject to these Terms, the Owner’s policies, and applicable laws. If you do not comply with the TOU, we reserve our right to suspend your access or use of the Services with or without consent.

• Monitoring. You agree that you can only use the Services to monitor yourself, and information about you. You cannot use the Services to monitor another person, including information about them. You must ensure that you have the legal right and necessary permission to monitor the information that you share with us for this purpose. You understand that your monitoring or profiling of another person can be a breach of applicable laws and may be a criminal act. We are not responsible for any Losses.
• For Information Purposes. The Services are not intended as a sole defence for cybercrime and fraud. Cyber PNM provides the Services for informational purposes only and does not warrant or guarantee that the Services will serve as a sole or complete defence against cybercrime, fraud, or any related risks or threats. You acknowledge and agree that your reliance on the Services as your sole defence for cybercrime and fraud prevention is at your own risk. Cyber PNM shall not be held responsible or liable for any decisions, actions, or inaction taken by you or any third party based on the Services or any information provided through the Services.
• Lawful Use. You agree not to use our Services in a way that will lead to civil or criminal liability for Cyber PNM or cause us to suffer any harm or damages. This includes any activity that is illegal, fraudulent, defamatory, or threatening, or any crime or unlawful act against us, our employees, our partners, another user of our Services, or a third party.
• Security. Do not interfere with or disrupt our Services or attempt to access areas of the Services without authorization.
• Reverse Engineering. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or any trade secrets in the Services. You agree not to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services.
• Permitted Uses. You may not use the Services for any other purpose, including, but not limited to, monitoring or profiling another person, or any activity that is illegal, fraudulent, or threatening, or any crime or unlawful act against us, our employees, our partners, another user of our Services, or a third party.
• Data Scraping. You agree not to use robots or any other mechanism to extract or scrape data from the Services, including but not limited to web crawlers, spiders, scraping software or any other automated means of data collection. Any unauthorized extraction or collection of data from the Services is strictly prohibited.
• No Commercial Use. You may not licence, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host, or otherwise use or make available for commercial use of the Services, including any Digital Footprint Assessment such as reports, threat intelligence data, risk scores, recommendations, and alerts without advance written permission from Cyber PNM.
• User Content. You are solely responsible for the content you submit through the Services, such as the Identifiers and searches you do . You agree not to submit any user content that is illegal, fraudulent, or threatening, or any crime or unlawful act against us, our employees, our partners, another user of our Services, or a third party.

10. DATA SHARING

You are responsible for the security of any Digital Footprint Assessment that you extract or request us to send to your email. We will not share the Outputs with Owner, except that your Risk Score may be shared with Owner to provide threat intelligence on its constituents, including to provide Owner with risk scoring for its organization. If you choose to share with anyone else, you are responsible for taking the necessary precautions. If you choose to send Digital Footprint Assessment to a professional email address, the organization managing the email address may have access to the Digital Footprint Assessment. It is your responsibility to ensure that that you are comfortable sharing the Digital Footprint Assessment with that organisation via email.

11. IP

Cyber PNM owns and retains all right, title and interest in and to the Services, including the risk scoring methodology, the Documentation, the interface, content, Digital Footprint Assessment, and all related IP. All rights not expressly granted to you in these TOU are reserved by Cyber PNM. Cyber PNM will be the sole owner of any suggestions, enhancement requests, recommendations or other feedback provided by Owner to Cyber PNM, to the extent that they relate to the Services or the Platform (“Feedback”). You hereby transfer to Cyber PNM, without limitation of any kind, all its rights, titles, and interests therein, and waive any non-assignable moral right therein, Cyber PNM accepting such transfer and waiver.

Any trademarks, service marks, or logos displayed in connection with the Services are the property of their respective owners.

12. DISCLAIMERS

To the fullest extent permitted by applicable laws, and notwithstanding anything to the contrary, the Services, including the Digital Footprint Assessment, are provided on an “as is” and “as available” basis without any warranties, express or implied. Cyber PNM and its Representatives expressly disclaim all warranties of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non- infringement. Cyber PNM and its Representatives make no warranty that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any defects in the Services will be corrected. No advice or information, whether oral or written, obtained by you from Cyber PNM or through the Services shall create any warranty not expressly stated in these TOU.

The Services, including the Digital Footprint Assessment and Documentation are intended for informational purposes only and should not be relied upon as a comprehensive or definitive solution for your specific needs. Cyber PNM and its Representatives make no warranty, express or implied, as to the effectiveness, accuracy, completeness, or suitability of the Services for any particular purpose or for the achievement of any specific results. Your use of and reliance on the Services are at your own risk, and you should exercise independent judgment, conduct additional research, and seek professional advice as necessary to inform your decisions and actions. Cyber PNM and its Representatives expressly disclaim all liability for any errors, omissions, or inaccuracies in the Services or any reliance placed on the Services by you or any other party.

Cyber PNM and its Representatives are not responsible for any issues, errors, or damages arising from the use of third-party services or actions taken by Owner in connection with the Services. You acknowledge and agree that your use of and reliance on any third-party services or actions by the Owner re at your own risk, and Cyber PNM and its Representatives expressly disclaim any liability for any losses, damages, or other consequences resulting from such use or reliance.

13. LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Cyber PNM or its Representatives be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if Cyber PNM or its Representatives have been advised of the possibility of such damages), arising out of or in connection with your use of, inability to use, or reliance on the Services, regardless of the legal theory upon which any such claim is based, or otherwise in relation to the TOU. In any case, Cyber PNM’s and its Representatives’ total aggregate liability under these Terms of Use or in connection with the Services shall not exceed one hundred dollars (USD 100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you. In such jurisdictions, Cyber PNM’s and its Representatives’ liability shall be limited to the fullest extent permitted by applicable law.

14. TERMINATION

Cyber PNM reserves the right to suspend or terminate your right to access and use the Services at its sole discretion if we believe that your use of the Services is in violation of the TOU. We can terminate your right to access and use of the Services for any reasons subject to a reasonable prior notice. You can terminate at any time by requesting Owner to delete your account. Upon termination of the TOU for any reason, your access and use of the Services will immediately cease, and any licences granted hereunder will immediately be revoked. The provisions which by their nature should survive the Term, including any warranty disclaimers and ownership provisions, will survive the Term.

15. MODIFICATIONS

We can update the TOU by providing you with a prior written notice of 15 days. If you don’t agree with these changes, you can request the deletion of your account with Owner. The changes are effective at the expiration of this delay. We also reserve our rights to make changes to the Services, and to the Documentation.

16. GENERAL STUFF

• Governing Laws and Jurisdiction. The laws of the Province of Quebec, and the applicable laws of Canada, shall govern the TOS, and the parties attorn to the exclusive jurisdiction of the competent courts in the judicial district of Montréal, Quebec. The United States Convention on the International Sale of Goods is specifically excluded from the application to the TOS.
• Language. You can consult a substantially equivalent version of the TOU in French here. This version has the same force and effect as the English version. Vous pouvez consulter une version substantiellement équivalente des Conditions d’utilisation en français ici. Cette version a la même force et les mêmes effets que la version anglaise.
• Force majeure. Cyber PNM will not be liable for any Losses, nor any breach of the TOU, resulting from a force majeure, including, without limitation, acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labour disputes, cyberattacks and other events reasonably beyond our immediate controls.
• Interpretation. The TOU constitutes the entire agreement between the parties concerning the subject matter hereof and supersede all prior or contemporaneous understandings, negotiations, representations, or agreements, whether written or oral, relating to the same subject matter. In the event of a conflict between the Terms and our agreement with the Owner the agreement with the Owner shall prevail over the Terms.
• Relations. The TOU do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Cyber PNM.
• Severability. If any provision of the TOU is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remaining provisions, and the remaining provisions shall continue in full force and effect, as if the severed provision had never been part of the TOU.
• Waiver. No waiver of any term, provision, or condition of these TOU, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
• Assignment. We can assign these TOU with or without notice to you. You cannot assign these TOU without our prior written consent, which we can withhold at our discretion. Any assignment in violation of the TOU will be null and void.