CYVRA Customer Terms of Service
These Customer Terms of Service (the “Agreement”) are entered into by and between CYVRA Inc., a corporation duly incorporated and existing under the laws of the State of Delaware, United States of America, with its principal office in Utah (“CYVRA,” “we,” “us,” or “our”), and the customer entity agreeing to these Terms (“Customer” or “you”). This Agreement governs Customer’s use of the CYVRA security awareness training services, including but not limited to phishing simulations, cyber games, newsletters, training modules, and all associated deliverables (collectively, the “Services”).
By engaging CYVRA to provide Services, Customer acknowledges and agrees to be legally bound by the terms and conditions set forth herein.
1. Eligibility and Authority
1.1 The Services are provided exclusively to business entities, institutions, and organizations, and not to individuals acting in a personal capacity.
1.2 Customer represents and warrants that it has the full right, power, and authority to enter into this Agreement and to bind its employees, contractors, and authorized users to the obligations set forth herein.
2. Access to Services
2.1 Customer’s employees may be granted access solely to the CYVRA Cyber Games Platform for the limited purpose of participating in security awareness training.
2.2 Access shall be authenticated by means of a one-time passcode (“OTP”) issued to a verified business email address.
2.3 Customer acknowledges and agrees that it shall have no direct access to CYVRA’s administrative dashboards, simulation management tools, reporting systems, or platform infrastructure, all of which are exclusively operated and managed by CYVRA.
3. Customer Data and Privacy
3.1 For the performance of Services, CYVRA shall process only the following categories of data:
(a) business email addresses of Customer’s employees; and
(b) training and simulation results (including, without limitation, click-throughs, reporting actions, quiz completions, and game scores).
3.2 Training and simulation results shall be retained in production systems for a maximum of thirty (30) days, after which such data shall be permanently deleted.
3.3 Business email addresses may be retained in encrypted offline backups, which shall be updated on a semi-annual basis, with prior copies securely destroyed.
3.4 CYVRA does not sell, lease, or otherwise disclose Customer Data to third parties, except as required by law or pursuant to lawful process.
3.5 The processing of Customer Data shall be further governed by CYVRA’s [Privacy Policy], which is incorporated herein by reference.
4. Acceptable Use
Customer shall not, and shall ensure that its employees, contractors, and authorized users do not:
(a) submit inaccurate, unauthorized, or fraudulent information for purposes of accessing the Services;
(b) interfere with or disrupt the proper functioning of the Services or any systems used to provide the Services;
(c) attempt to reverse engineer, decompile, or otherwise derive source code from the Services; or
(d) make the Services available to any third party other than Customer’s employees engaged in authorized training.
5. Service Provision
5.1 CYVRA shall exercise commercially reasonable efforts to deliver the Services in a timely and reliable manner.
5.2 Customer acknowledges and agrees that the Services are dependent upon third-party networks, internet connectivity, and email delivery providers, for which CYVRA shall not be liable for interruptions, delays, or failures beyond its reasonable control.
6. Intellectual Property Rights
6.1 Ownership. All rights, title, and interest in and to the Services, including without limitation the phishing simulations, training content, cyber games, newsletters, videos, templates, dashboards, reports, software, documentation, trademarks, and all related intellectual property, are and shall remain the exclusive property of CYVRA Security LLC and its licensors. Nothing in this Agreement shall be construed to transfer, assign, or convey any intellectual property rights to Customer or its employees, except as expressly provided herein.
6.2 Limited License. CYVRA hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to:
(a) receive and review training emails, phishing simulations, and newsletters sent by CYVRA to Customer’s designated employees; and
(b) permit its employees to access and use the CYVRA Cyber Games subdomain for the sole purpose of participating in security awareness training.
6.3 Restrictions. Customer and its employees shall not:
(a) access, attempt to access, or request access to CYVRA’s administrative platform, dashboards, reporting systems, or backend infrastructure;
(b) copy, reproduce, modify, distribute, sell, lease, sublicense, or create derivative works of the Services or any portion thereof;
(c) remove, obscure, or alter any proprietary notices or trademarks affixed to or contained within the Services.
6.4 Reservation of Rights. CYVRA reserves all rights not expressly granted to Customer under this Agreement.
7. Security and Compliance
7.1 CYVRA employs industry-standard security measures, including encryption of data at rest and in transit, access controls, and secure development practices.
7.2 Customer remains solely responsible for ensuring that its use of the Services complies with all applicable laws, regulations, and internal policies governing its operations.
8. Termination
8.1 Customer may terminate its use of the Services upon written notice to CYVRA.
8.2 CYVRA reserves the right to suspend or terminate Customer’s access to the Services immediately in the event of breach of this Agreement or misuse of the Services.
8.3 Upon termination, CYVRA shall delete all Customer Data from production systems within sixty (60) days.
9. Limitation of Liability
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYVRA PROVIDES THE SERVICES “AS IS” AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 IN NO EVENT SHALL CYVRA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 CYVRA’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO CYVRA FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles. The parties hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any dispute arising out of or in connection with this Agreement.
11. Amendments
CYVRA reserves the right to amend or modify this Agreement at its sole discretion. Customer will be notified of material changes, and continued use of the Services following such notice shall constitute acceptance of the revised Terms.
12. Contact Information
All legal notices and inquiries relating to this Agreement shall be directed to:
CYVRA Inc.
340 21st street Ogden
Apt 2013, 84401
Utah, United States
Email: legal@cyvra247.com
