Terms of Service - Individual Membership - The Cyber Startup Observatory

Individual Membership - Terms of Service

1.Definition and purpose

Individual Members have access to the site’s resources. There are three types of Individual Memberships,

The Free Members:
- Applicable only to End-Users of Cyber Security Products & Services. Please note that Free Membership is Subject to Approval.
- Limited Access to content
- 3 Maximum Resources Allowance per month, including access to @CSOfinder and download of documents
The Premium Members:
- Applicable to Vendors, IT & System Integrators, Consultancies, MSSPs, VARs, Resellers, Sales & Marketing teams, Event Organizers and Virtual Event attendees beyond the Free Registration date
- Full Access to Content (excluding the Investors’ section)
- Full Access to Virtual Events as Attendee
- Unlimited Searches in the CSOFinder
The Investor Member
- All Premium Member features plus access to specific Market Insight content purposely designed for investors.

2.Intellectual property

This Website is the property of The Company and is protected by Spanish, European and international copyright laws and conventions. The Company grants to user the right to access and use the Website, so long as such use is for internal information purposes, and user does not alter, copy, disseminate, redistribute or republish any content or feature of this Website. User acknowledges that access to and use of this Website is subject to these Terms of Service and any expanded access or use must be approved in writing by The Company.

The Company reserves the right to change, update or discontinue any aspect of this Website at any time without notice. Your continued use of The Website after any such change constitutes your agreement to these Terms of Service.

You agree and acknowledge that the tools and applications, data and other information, content including its selection and arrangement, services and software (including all logos, text, photographs, graphics, images, software, video, audio, illustrations, html, source and object code, algorithms, programs, business logic, modules, links and other materials), product names, logos, designs, titles, and certain words or phrases, in each case displayed on, transmitted through, or accessed or used on, within, or in connection with the Service (all of the foregoing, collectively, “Service Content”), are intellectual property protected trademark , copyright, or other proprietary rights of The Company or its licensors, suppliers or other designees, which rights may or may not be registered in certain jurisdictions. You acknowledge and agree that The Company reserves and retains for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the service. You also agree to comply with any additional copyright notices, information, or restrictions contained in any service content available on or accessed through the service.

3.User profile creation

The cyberstartupobservatory.com website (“The Website”) offers the possibility to general users to register as “Free and Premium Members”. The registration will allow “Visitors” to access the Observatory Resources as well as to contribute to the platform.

This process collects the user’s full name and business email. Additionally, they will be added to the Newsletter of the Observatory in order to keep them updated with news and general information regarding the platform.

Users may unsubscribe from this service at any time. By joining the Observatory, they accept The Website’s Terms & Conditions and Privacy Policy.

For security reasons and to protect our Intellectual Property a valid business email address must be provided. We do not accept generic email addresses such as “info@” , “contact@”, “admin@”, temporary emails or any others that do not correspond to the person using the service. We reserve the right to delete these generic accounts without notice.

In the event that registration is required, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and you agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including using another person’s username, password or other account information or another person’s name, likeness, voice, image.

If you provide or we have reason to suspect that you have provided any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of your user registration or we suspect abusive or fraudulent activity, we have the right, among other remedial options, to interrupt, suspend, restrict or terminate your current and or future use of or access to the service or any portion thereof, without notice to you.

Your account is for your personal use; you may not authorize others to use your account and you may not assign or transfer your account to any other person or entity. By using this Website, you agree to take all the reasonable steps to protect the service from unauthorized access or use and you are solely responsible for the security of your user registration and password and will be solely liable for any use or unauthorized use under same. You shall cooperate with us in any fraud investigation & use any reasonable fraud prevention measures we prescribe. Failure to cooperate with us will result in your liability for all fraudulent usage.

4.-Covenants of the user

You represent and warrant that (i) Your use of the Service will be in strict accordance with The Company’s 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 of The Company’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 of The Company’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 Company’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any of The Company’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 of The Company’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 The Company 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 Company’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.

The Company reserves the right to discontinue or suspend Your access or use of the Website or of the Digital Platform, without notice, if (I) The Company reasonably deems you have violated these terms of service or (II) The Company reasonably deems such a measure necessary for security reasons.

5.Payment

The Individual Membership has two different levels of paid service:

Premium Member (499€ + VAT)
- Premium Members have unlimited access to the @CSOFinder Search Engine
- Access to all content of the Observatory Site including but not limited to: CyberSlides, CyberLists, Infographics, Articles…
- Attendee access to the Innovation Series Virtual Events (please visit our catalogue of Virtual Events for the next 12 months).
Investor Member (999€ + VAT)
- Investor Members have all the features available for Premium Members plus bespoke market insight purposely designed for Investors

6.Ownership

All materials and information on the Cyber Startup Observatory including, without limitation, content, are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have provided their material to Smartrev.

The Information may not be reproduced or distributed in any form without Smartrev’s prior written permission.

7.Contract Duration

The duration of the contract is twelve months from the purchase date.

8.Cancellation

In case you decide to cancel the Individual Membership before the end of the subscription period, we will cancel your service upon one-week’s notice.

To cancel service you must contact us at:

info@cyberstartupobservatory.com

Smartrev will endeavour to cease serving you within three days following your cancellation.

9.Refund Policy

9.1 Customers outside the EU and the UK

Due to the digital nature of the Individual Membership product, Smartrev does not provide refunds for any fees or charges, including partially used periods and bank/merchant fees. The Individual Membership product purchase is a final sale by default. This notably applies to our market insight content, research and other bespoke content available for paid users.

9.2 EU and UK Customers

A 14-day cooling-off period applies for all Individual Membership online purchases, during which a purchase can be canceled and a refund requested, for any reason or without any justification unless the customer has already logged in on the website (beginning the contractual performance).

Smartrev will request express consent from the customers acknowledging that by logging in on the Cyber Startup Observatory website (beginning the contractual performance), they lose their right of withdrawal (according to article 16 (m) of the European Consumer Rights Directive (CRD)).

10.Force Majeure

Notwithstanding anything to the contrary herein, Smartrev shall not be liable to you if we are unable to distribute the content or are rendered unable to timely perform any of our obligations hereunder for any reason, including, without

limitation, strikes, boycotts, war, terrorism, Acts of God, labour, troubles, riots, restraints of public authority, etc.

11.Non-Exclusive

This contract is not exclusive as to your business, products or services. Smartrev and Company retain the complete and unqualified right to engage in business with persons and entities that may be in competition with the other party’s business, products or services.

12.Limitation of Liability

The information contained in this publication has been obtained from sources believed to be reliable. Smartrev disclaims all warranties as to the accuracy, completeness or adequacy of such information and shall have no liability for errors, omissions or inadequacies in such information.

Neither Smartrev nor any of its employees, shareholders or directors shall be liable for any damages in excess of one time the most recent monthly fees that you paid to us.

11.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 Almeria city, shall be the sole forum for any action brought against the other party.