The @CSOFinder
Terms
of Service
1.Premises
Smartrev Analytics Consultants SLU (“Smartrev”) through the First Global Cybersecurity Observatory website and the @CSOFinder application works to help organizations promote
their companies, cybersecurity products and vision.
The
terms as hereinafter appearing, the Privacy
Policy and other instructions provided during the activation process, shall
govern use of the website, its contents, services available at or through the
website offered to the customers/you. These terms are are
collectively referred to as “these Terms”.
By
registering or activating your company, logging in our using Smartrev’s Cyber Startup
Observatory website and its applications, in particular the @CSOFinder, you
are agreeing to be bound by these terms. If you have any questions or concerns
about these terms, please contact us at: info@cyberstartupobservatory.com
You
must go through these terms including the Privacy Policy before registering,
logging in or making use of our services. These terms are enforceable against
you or any entity using Smartrev’s applications and
services (First Global Cybersecurity Observatory website
and @CSOFinder). If you do not agree, do not otherwise make
use of services.
Smartrev reserves the right to change these terms at any
time without any prior intimation. You are advised that any amendment to these
terms or policies incorporated herein will only be notified on/through the
Website or accessible links and you agree to read these terms before making use
of services. The revised version/ terms shall be effective from the time the
same is made publicly assessable on /through any link on the Website.
Smartrev permits you to make use of services only in
accordance with these terms.
2.
Definitions
The
following words used in these terms have the following meaning:
·
@CSOFinder: application allowing you to find cybersecurity
companies per market, company type, categories and industries.
·
“Smartrev’s Services” or “Services” denotes the services provided
by Smartrev through the Cyber Startup
Observatory website.
·
“Website” means the website cyberstartupobservatory.com
through which the user can make use of Smartrev’s
services;
3.
Eligibility
By
accepting this Agreement representing your company, you agree and warrant that:
(i) You have sufficient authority within your company under applicable law to
enter into this Agreement; (ii) you are duly authorized by your company to
accept this Agreement and you have the authority to bind your company to this
Agreement.
4.
Registration
In
order to access services, you are required to register and open a personal
account, providing your personal information. You will be solely liable and
responsible for all activities that occur under your account. You acknowledge
and agree that you are solely responsible for maintaining secrecy and
confidentiality of your username and password and other information provided.
You
further acknowledge and agree that while making use of services you will
provide yours true, accurate and complete information. You will be solely
liable & responsible for providing wrong information. You are also solely
responsible to maintain and promptly update the information provided while
making use of services on the Website to ensure that the information provided
by you is true, accurate, current and complete at all times. You are prohibited
from misrepresenting your identity or using identity of any other person while
making use of services provided by Smartrev.
If
provided information is untrue, inaccurate, not current or incomplete or Smartrev has reasonable grounds to deduce that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with this Agreement, its reserves the right to indefinitely suspend
or terminate or block your use or access to the Website or use of Smartrev’s services and applications in any manner
whatsoever.
You
acknowledge and agree that you will keep yourself updated with all data,
information and communication pertaining to you made available on the Website
in relation to Smartrev’s services. You further agree
that your use of the Website/ Smartrev or provision
of any data or information including any correspondence (by email or otherwise)
to or by Smartrev is through electronic records and
you consent to receive communication from Smartrev
via electronic records which will be deemed adequate service of notice.
5.
Payment
The @CSOFinder Service can be delivered with three different
levels of service:
·
eBronze:
o Basic company profile.
o One product available for display on @CSOFinder.
o The eBronze service fee is 250 € / Year (VAT not included).
o
·
eSilver
o Advanced company profile.
o Two products available for display on @CSOFinder.
o The eSilver service fee is 450 € / Year (VAT not included).
o eSilver customers will be shown with priority over
eBronze customers on the @CSOFinder search engine.
·
eGold
o Premium company profile
o Three products available for display on @CSOFinder.
o The eGold service fee is 799 € / Year (VAT not included).
o eGold customers will be shown with priority over
eSilver customers on the @CSOFinder search engine.
6.
Contract Duration
The duration of the contract is twelve months from
the signature date.
In case you decide to cancel the service before the
end of the subscription period, we will cancel your service upon one-week’s notice.
Smartrev does not provide refunds for any fees or charges,
including partially used periods and bank/merchant fees.
To cancel service you must contact us at:
info@cyberstartupobservatory.com
7. Ownership
The
Website contains the description of services offered, other special features
and tools, if any and other relevant information of the services rendered
through the website. Smartrev reserves its right to
vary the content from time to time.
We have right to use the content that you provide
in connection with the services offered, however we do not claim ownership in
any content that you upload, provide, make available or otherwise transfer on
the services. You should only
post content to the Services that you are comfortable sharing with others under
the terms and conditions set forth herein. We also have right to use your
organization logo and name in connection with the services provided.
8.
Covenants of the user
You represent and warrant that (i) Your use of the
Service will be in strict accordance with the Smartrev
Privacy Policy, this Agreement and with all applicable laws and regulations
(including without limitation any local laws or regulations in Your country,
state, city, or other governmental area, regarding online conduct and
acceptable content, and (ii) Your use of
the Service will not infringe or misappropriate the intellectual property
rights of any third party.
You
further acknowledge and agree that you may not permit, assist or allow any
third party to: (a) copy, reproduce, publish, transmit, distribute, upload,
post, publicly display, encode, translate, modify or create derivative works
from, sell, license or otherwise distribute any Smartrev’s
Content, including but not limited to mirroring, framing or linking to any
third party’s computer, server, website; (b) access or use this Website or any Smartrev’s Content for any commercial purposes, including
any advertising or advertising revenue generating activity on Your own or any
third party’s website, platform or other online space or means; (c) use any
automatic or manual process aimed at accessing, acquiring, copying or
monitoring the Website or the Smartrev’s Content or
any part thereof, and/or in any way reproducing the structure or appearance of
the Website or any Smartrev’s Content, or
circumventing any copy-protection devices, obtaining or attempting to obtain
any materials, documents or information made available through the Website, for
example by resorting to deep-links, page-scrapers, robots, spiders, or similar
technologies; (d) access or attempt to access any portion, section or feature
of the Website, or any other systems or networks connected to the Website or
any of our servers to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate
technologies or means; (e) probe, scan or test the vulnerability of the
Website or any other computer or network connected to the Website; (f) breach
the protection, security or authentication measures on the Website or on the
Digital Platform; (g) reverse look-up, trace or seek to trace any information
regarding any other user of or visitor to the Website, or any other customer,
or carry out any similar activity; (h) exploit or use the Website, any Smartrev’s Content, or any service or information made
available or offered by or through the Website for any unlawful purposes or for
any purposes not allowed by these Website term of services or solicit the
performance of any illegal activity or other activity which infringes the
rights of Smartrev or others; (i) take any action
that imposes an unreasonably or disproportionately large load on the
infrastructure of the Website or of the Digital Platform, or any systems or
networks connected to the Website or to the Digital Platform; (j) use any
device, software, mechanism or any other technology aimed at interfering or attempting
to interfere with the proper working of the Website or of the Digital Platform
or any transaction being conducted on the Website or on the Digital Platform,
or with any other person’s use of the Website.
You
represent and warrant that: (a) you own
the content posted by you on the website/services or otherwise you have right
to grant the license set forth in this Agreement; (b) your content does not
violate the privacy rights, publicity rights, copyright rights, or other rights
of any person, (c) by providing or posting your content, you do not violate any
confidentiality, non-disclosure, or contractual obligations you might have
towards a third party, including your current or former employer or any
potential employer, (d) any information you provide in a product review and
vendor review is correct, and (e) any information you provide about your
current, past or potential status as an employee of a certain employer is
correct and complete. Please make sure that you only provide information to the
services that you are allowed to provide without violating any obligations you
might have towards a third party, including any confidentiality, non-
disclosure or contractual obligations. Please
do not provide any information that you are not allowed to share with others,
including by contract or law; please note that any information you provide will
be publicly accessible.
You
also agree that any use of the services in violation of this agreement may
result in, among other consequences, termination or suspension of your rights
to use the services. We may disclose information about your use of the services
in accordance with our privacy policy. We
have the right (but not the obligation) to review any content and delete (or
modify) any content that in our sole discretion violates this agreement or
which is prohibited content, or may otherwise violate the rights, harm, or
threaten the safety of any user or any other person, or create liability for us
or any user. We reserve the right (but have no obligation) to investigate
and take appropriate legal action in our sole discretion against you if you
violate this provision or any other provision of this agreement, including
without limitation, removing content from the services (or modifying it),
terminating your membership and account, reporting you to law enforcement
authorities, and taking legal action against you. You are solely responsible
for creating backup copies of and replacing any content you post on the
services at your sole cost and expense.
You
will also not: (i) cover or obscure any advertisements on the services, or on
the Smartrev’s page via HTML/CSS, scripting, or any
other means, (ii) interfere with, disrupt, or create an undue burden on the
services or the network or services connected to the services; (iii) introduce
software or automated agents to the services, or access the service so as to
produce multiple accounts, generate automated messages, or to strip or mine
data from the services; or (iv) interfere with, disrupt, or modify any data or
functionality of the services.
Smartrev reserve the right to discontinue or suspend Your
access or use of the Website or of the Digital Platform, without notice, if (I)
Smartrev reasonably deem you have violated the these
terms of services or (II) Smartrev reasonably deem
such a measure necessary for security reasons.
9.
Disclaimer
The services are delivered to you “as is” and with
all its faults.
Except to the extent specifically prohibited by
applicable law, each service is provided “as is” and “as available” without
guarantee or warranty of any kind by Smartrev.
Smartrev does not warrant or provide another similar
assurance whatsoever that uninterrupted use or operation of any service,
continued availability of any service or that any messages, content or
information sent by our to you will be accurate
transmitted in uncorrupted form or within reasonable period of time.
Smartrev
in no event shall be liable for any direct, indirect, incidental, special
consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses arising (in any
manner whatsoever, including but not limited to negligence) out of or in
connection with the website use.
Nothing in this agreement imply or create any
continued right to use Smartrev’s products and
services after termination of this agreement.
10.
Indemnity
You
shall indemnify and hold harmless Smartrev from any
claim or demand, or actions including reasonable attorneys’ fees, made by any
third party or penalty imposed due to or arising
out of your breach of this including policies incorporated herein by reference,
or your violation of any law, rules or regulations or the third party’s policy,
terms & conditions.
11.
Privacy
The
personal information / data including but not limited to the Information
provided by you to the Website hall be treated as strictly confidential and retained in accordance with the Privacy
Policy which is incorporated herein by reference and applicable laws
and regulations including but not limited to the General Data Protection
Regulation (GDPR) and rules there under (Art. 13/14 of Regulation (EU) 2016/679
(General Data Protection Regulation).
By
using the Website and/or by providing your information, you consent to the
collection and use of such information disclosed by you on the Website by Smartrev. Smartrev only uses your
information in the manner described in the Privacy Policy. If you do not agree to your information used in
this way, please do not use the Website.
12.
Breach of the agreement provisions
Smartrev may at its sole discretion, without limiting other
remedies it may have in law and equity, take such action as it deems fit
indefinitely suspend or terminate or block your Services, and/or refuse to
provide you with access to the Website, use of Software or initiate any legal
action it may deem fit, particularly in the event:
(i)
You breach any of the provisions of these terms
including any of the policies, documents, terms and conditions made there under
which are incorporated therein by reference;
(ii)
Smartrev is unable to verify or
authenticate any information provided by you;
(iii)
Smartrev believes that your actions may
cause legal liability to Smartrev, other Users or
yourself.
(iv) It is our policy to terminate the
membership and privileges of any member who infringes copyright upon prompt
notification to us by the copyright owner or his/her legal agent. In case of service suspended, blocked or
terminated due to a breach of this agreement, Smartrev
does not provide refunds for any fees or charges.
No
actions, omissions or decisions taken by Smartrev
shall waive any rights or claims that Smartrev may
have against the User.
When
you are suspended or blocked, you shall not register or attempt to register
with the Website or use the Website or attempt to use or use Smartrev in any manner whatsoever until such time that you
are reinstated for such use. Reinstatement shall be at the sole discretion of Smartrev.
You shall have no claim of any
nature whatever against Smartrev, in case Smartrev exercises its right under this clause.
13.
Force Majeure
Notwithstanding
anything to the contrary herein, Smartrev shall not
be liable if we are unable to deliver the service or are rendered unable to
perform any of our obligations within the agreed time hereunder for any reason,
including, without limitation, strikes,
boycotts, war, terrorism, Acts of God, labour, troubles, riots, restraints of
public authority, etc.
14.Jurisdiction:
This Agreement shall be governed by
and construed in accordance with the laws
of Spain, including all matters of construction, validity, performance and
enforcement. The parties agree that the
city of Almeria, shall be the sole forum for any action brought against the
other party.