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Surance.io

Web and App Based Platform and Services
Terms of Use

 
This Terms of Use Agreement (“Terms”),  govern your relationship with Surance US Holdings, Inc. (“Surance”, “us”, “our”), and set forth the terms under which Surance makes available the website surance.io (“Site”), proprietary software (“Software”), its mobile application (“App”), and/or the services available through the Site, Software or App or otherwise offered by Surance, including benefits provided to you through the CyberAid Software Services and Support Agreement (the “CyberAid Agreement”), to each person (“User” or “you”) accessing or using the Site, Software or App (collectively, “Services”). These Terms do not govern the terms of the CyberAid Agreement. The CyberAid Agreement you purchased is governed by its specific terms and conditions.

We reserve the right to update and change these Terms from time to time by providing you notice of such changes by posting them on the Site, so please check this page frequently for updates and changes. In the installation or download of the Software and/or the App you may be required to approve these Terms. 

 

By using our Services in any manner, you agree to be bound by these Terms, and any and all other terms, policies or procedures, each as amended and published on the Site and/or the App from time to time in accordance these Terms. If you do not agree with any of the Terms of contained herein, do not access or use our Services. As long as you continue using our Services, you will be conclusively deemed to have accepted these Terms, including and all updates and changes thereto.

 

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. PLEASE ALSO READ OUR PRIVACY POLICY, WHICH CAN BE FOUND AT https://us.surance.io/privacy-statement , WHICH DESCRIBES HOW SURANCE COLLECTS, USES, DISCLOSES, AND OTHERWISE PROCESSES YOUR PERSONAL INFORMATION. YOU MAY ONLY USE SURANCE SERVICES ON OR IN CONNECTION WITH LOCAL NETWORKS WHICH YOU OWN OR CONTROL. 

Table of Contents

  1. Registration

  2. Products and Services Description

  3. Service Level: Cyber Attacks, Malware and other risks

  4. License

  5. Third Party Services

  6. User Guidelines

  7. Mobile Text Messages 

  8. Privacy and Data Use

  9. Intellectual Property

  10. Disclaimers

  11. Limitations on Liability and Remedies

  12. Miscellaneous

  13. Customer Service

  14. Arbitration

 

 

  1. Registration

    1. In order to access certain features of the Site or the App, such as installation or download of the Software and/or the App, you must first register and create an account. Upon registering for an account, you will receive an account designation and will be asked to provide a valid email address and phone number. Your phone number will be verified by sending you a text message with an authentication link, which you should click.

    2. You must keep your account credentials in strict confidence. You may not share your account credentials with any other person or third party. You further agree not to use the credentials of any other person or User, and not to allow any other person to use your credentials, without our prior approval in writing.

    3. Please notify us immediately if you suspect any unauthorized use of, or access to, your account. You are solely responsible for any and all use of your account, including informs and obtain members of User's who get access to your household systems and networks, which may be processing and transfer of personal data.

    4. Users who installed the App and/or use the Services in conjunction with other agreements or the CyberAid Agreement, may be subject to additional terms, obligations and conditions under the CyberAid Agreement.

  2. Products and Services Description

    1. Cyber Security Services – Our Cyber Security Services provide a digital platform that provides certain monitoring, prevention, and restoration services and is designed to mitigate risks related to cyber attacks for household systems and networks.

    2. Anti-Phishing Services – Our Anti Phishing Services offer the authentication of suspicious emails messages. In connection with the provision of its Services, Surance collaborates with third parties to validate the safety of the message. 

    3. Chatססbot. Chat-based support services – You can contact us by using our chatbot, to get support in case you believe you’re under a cyber attack. Our bot may ask you several questions, and refer you to our products, tools or services. It also may transfer you to chat or talk with one of our personnel, and it may offer you other support plans and refer you to one of our sales persons or affiliates.​

  3. Service Level: Cyber Attacks, Malware and other risks

    1. We will use commercially reasonable efforts to provide you with Services. While we do our best to ensure that the Software and Services will detect and address cyber threats, we cannot and do not guarantee that the Software and Services will be able to prevent, stop, mitigate or detect all cyber-attacks, threats and malware or prevent or mitigate any loss or damage related to cyber-attacks or request for Services under CyberAid. The Services are not supposed to and should not be considered as a substitute for any other reasonable cyber security measures such as the use of antivirus software, a firewall, VPN etc. Surance is not responsible for the accuracy of any results or reports provided in connection with the Services. The Services are not a guarantee. As such, you shall have no claim against Surance in connection with any failure to prevent, stop, mitigate or detect all cyber-attacks, threats and malware. 

    2. In addition, you should be aware that using the Site, App, Services and Software may be associated with other risks, inherent to the use of such software components and programs in connection with your home networks, your devices, and your online accounts (such as your email and social media accounts), including risks related to additional traffic, network conjunction, use of bandwidth etc.

    3. The Services include information regarding cyber security, including information on how to respond to and mitigate cyber threats and cyber incidents, and other content. Surance specifically disclaims any warranty, representation, condition, or other term with respect to such content, with respect to the Services’ ability to eliminate or remediate any specific cyber security threats or incidents, and with respect to the completeness of the protection offered by the Services or the content on or available through the Services, including the reports provided under the Services. You are solely responsible for the files, software, and other data on your devices and in your online accounts and for backing up your data. 

    4. The Service Provider  (us) will provide the Service Recipient (you) with a defensive Chatbot which will assist the Service Recipient in understanding the cyber risks to which they are exposed and will contain relevant recommendations on how they can improve the Service Recipient’s cyber resilience, as well as a connection to the intelligence tools specified in the Service Plan.

    5. The tools include:

      1. External Router Scan - The Service Provider  (we) will provide the Service Recipient (you) with a tool on the Service Provider’s website to externally test the router through which the Service Recipient is connected to the internet, to check if there are any open ports that could be exploited by attackers.

      2. Router DNS hijack - The Service Provider  (we) will provide the Service Recipient (you) with a tool on the Service Provider’s website to externally test whether the router’s DNS (Domain Naming Service) is suspected to be compromised or hijacked.

  4. License

    1. Subject to your acceptance of and full compliance with these Terms, Surance hereby grants you one (1) personal, non-exclusive, non-assignable, non-transferable, revocable, limited, fee-bearing license to install, access and use the Software for your personal, non-commercial use only.

    2. The license does not extend to and expressly excludes commercial use. In order to make any commercial use of the Services you shall be required to purchase a subscription plan, as set forth (i) in our Site or such other location as Surance may designate from time to time; or (ii) in a written agreement or quote between you and Surance.

    3. The Software is licensed to you “as is” under the terms herein. You hereby acknowledge that the Software and its accompanying documentation are the exclusive property of Surance and that title to the above shall at all times remain with Surance (See also Section 9 Intellectual Property of these Terms below). You further acknowledge that you have no rights in the Software except those expressly authorized by these Terms.

    4. You may not use the Software in whole or in part for any purpose except as expressly provided under these Terms. Any unauthorized use of the Site, Software or the App without Surance’s prior written consent, is expressly prohibited.​

  5. DISCLAIMER - Third Party Services

    1. The Services allow you to access services provided by third parties (including CyberAid) and some of the functionality of the Services is provided by third parties (collectively, "Third Party Services"). You use any Third Party Services at your own risk. You are responsible for all fees and taxes that may be charged for the use of Third Party Services.  Surance makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. Surance does not guarantee the continued availability of Third Party Services, and Surance may disable a Third Party Service in Surance's sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, Surance expressly disclaims responsibility and liability for all Third Party Services, and you agree that Surance shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.​

  6. User Restrictions and Responsibilities

    1. In connection with your use of any of the Services, and without limiting any of the other obligations under these Terms or applicable law, you agree as follows:

      1. Not to upload, post, distribute, communicate, transmit or otherwise make available any content that comprises or includes any disrupt discussions with repetitive messages or any other forms of commercial or harassing communications, or that comprises or includes any malware, including worms or viruses or any code of a destructive nature.

      2. Not to interfere with or disrupt the Services or servers or networks connected to the Site, App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site, Software, App and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services.

    2. Surance, in order to provide you the Services through the Site and the App may monitor, collect and process data, as a renewable activity, from all your networked devices such as: TV systems, any kind of computers, phones, smart speakers, smart appliances such as smart refrigerators, etc. Therefore, any users that use your networked devices or who connect to your network should be aware of your use of the Services.

    3. You hereby further agree not to: (i) disrupt, disable, overburden, impair, attack, check or test the vulnerability of, or otherwise interfere with, the Software or the Services, (ii) breach or cause the failure of any of the security related means thereof; (iii) attempt to decompile, disassemble, re-engineer or reverse engineer any of the Software or otherwise create or attempt to create or permit, allow, or assist others to extract source code of the Software, or its structural framework; (iv) resell, transfer, sublicense, pledge, lease, rent, or share your rights under these Terms; (v) modify, enhance, update, reproduce, duplicate or copy all or any part of the Software.​

  7. Mobile Text Messages, WhatsApp Messages and Data Usage Charges

    1. By contacting us through our Chat bot Services, you agree to provide us with all information necessary for us to verify your identity and further contact you, such as email address, phone number, your full name, and any information required by us in the process of using the Services. Moreover, in order for us to address your concern to its fullest, you agree to provide us with any information required by us in order to answer your interest. 

    2. As part of our Services, you agree that we may send you SMS/MMS mobile messages (collectively referred to as “Messages”) as follows: we will send you a confirmation or welcome Message once after you sign up. In addition, we may send Messages on a weekly or monthly basis or in cases of Cyber events or attacks. We may also send additional Messages when needed for instance in order to verify your identity, send you notifications or provide you the Services.

    3. You acknowledge and agree that Message and data rates may apply from your mobile carrier. We do not have any control over these rates, nor are we responsible for any other obligations you may have to your mobile carrier in connection with your receipt or sending of text messages. 

    4. You acknowledge and agree that the information in any Message may be subject to certain time lags and/or delays, and this may cause information in Messages to be outdated or inaccurate. We or any mobile carriers do not guarantee that Messages are available across all carriers, and we and such carriers not liable for delayed or undelivered Messages.

    5. To stop receiving Messages, text STOP, to the number from which you received the last Message.  We do not recommend this action, as it may negatively impact the efficacy of services provided hereunder. ​

  8. Privacy and Data Use

    1. The Surance privacy policy is available at https://us.surance.io/privacy-statement and explains our policies with respect to the collection, use and disclosure of information related to or derived from our provision of Services hereunder. Please review our Privacy policy carefully; it is incorporated into this agreement by reference. You acknowledge that the Services will collect information about any network where you use the Services and all your devices and all devices of users of the network, including the network’s IP address, the network’s name, the network’s configuration, your location and the network’s location, open services on the network, device identifiers, device types, and device configuration. You represent that you have the authority and have obtained all necessary consents from others who use the network or who may have their information collected and processed by the Services in connection with your use of the Services, in each case as required under applicable laws to enable such information to be transferred, collected, used, stored, or otherwise processed by Surance in connection with the provision of the Services. Any personal data which Surance collects or otherwise processes via or in connection with the Services is subject to the Surance Privacy Policy.

    2. The Surance Privacy Policy only describes how Surance collects, uses and discloses your personal information. To understand how your Services Provider or others collect, use and disclose your personal information, you must review their privacy statements.

    3. You shall inform each user of any network where you use the Services of the nature of the Services and as required to fulfil your obligations set out in Section 6.​

  9. Intellectual Property

    1. Certain content and information provided on and through the Services, including, without limitation, the Surance, Suriance.io & CyberAid logos, trademarks, graphics, design, information, text, images, data, software, code, algorithms, and other materials displayed, made available, or presented on the Site, App or Services (collectively, “Surance Content”) are the sole property (including intellectual property) of Surance, and may not be used without express written permission from us.

    2. Surance retains all rights, including any intellectual property rights in the Surance Content. You may not duplicate, copy, or reuse any portion of the Surance Content, without express written permission from the Company.​

  10. DISCLAIMER: AS_IS – NO WARRANTY 
    USER ACKNOWLEDGES AND AGREES THAT THE SITE, SOFTWARE, APP, THE SERVICES, THE SURANCE CONTENT, AND ANY SERVICE OR INFORMATION RENDERED BY ANY OF SURANCE AFFILIATES OR PROVIDERS ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SURANCE DISCLAIMS ALL WARRANTIES, CONDITIONS, AND ANY OTHER TERMS EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, APP, SERVICES (AND THEIR CONTENT, INFORMATION, SOFTWARE), INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. SURANCE DOES NOT GUARANTEE OR WARRANT THAT THE SITE, SOFTWARE, APP, AND SERVICES ARE ABLE TO BLOCK OR PREVENT ALL CYBER ATTACKS. IF APPLICABLE LAW DOES NOT ALLOW SOME OR ALL OF THE EXCLUSIONS AND DISCLAIMERS SET OUT ABOVE, THEN SUCH DISCLAIMERS AND EXCLUSIONS WILL ONLY APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SURANCE SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM AS TO THE SERVICES’ ABILITY TO ELIMINATE OR REMEDIATE ANY SPECIFIC CYBER SECURITY THREATS OR INCIDENTS AND THE COMPLETENESS OF THE PROTECTION OFFERED BY THE SERVICES. We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner.  Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.  However, we do not warrant that the Services will be uninterrupted or error free; nor does we make any warranty as to the results that may be obtained from use of the Services.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.​

  11. LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES

    1. SURANCE AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS (COLLECTIVELY, “SURANCE”) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES, OR ANY DAMAGE OR LOSS TO OR OF, PROFITS, DATA, GOODWILL, OR ARISING FROM OR RELATING TO YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITE, APP AND/OR SERVICES, OR OUR PROVISION THEREOF. 

    2. SURANCE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SURANCE OR ANY CLAIM IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE, SOFTWARE, APP AND SERVICES) IS TO DISCONTINUE YOUR USE OF THE SITE, SOFTWARE, APP AND THE SERVICES AND FOR SURANCE TO REFUND YOU ANY AMOUNT YOU HAVE PREPAID FOR UNUSED SERVICES IF ANY.

    3. THESE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW; REGARDLESS OF WHETHER ANY MEMBER OR AFFILATE OF SURANCE HAD BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF; AND REGARDLESS OF THE LEGAL OR THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SURANCE LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    4. IN CASE YOU HAVE ENGAGED OUR SERVICES VIA CYBERAID, PLEASE NOTE THAT SURANCE WILL NOT BE LIABLE IN ANY WAY FOR ANY WARRANTIES OR OBLIGATIONS IMPOSED ON THE SERVICES PROVIDER UNDER CYBERAID, AND SURANCE SHALL NOT BE REQUIRED TO PERFORM ANY OF CYBERAID'S RESPONSIBILITIES UNDER THE CYBERAID AGREEMENT.

    5. YOU ACKNOWLEDGE AND AGREE THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, SURANCE WOULD NOT BE ABLE TO OFFER THE SITE, SOFTWARE, APP OR THE SERVICES.

  12. Miscellaneous

    1. Beta. You understand and acknowledge that the App and Services are currently in their testing stage and are made available as a “Public Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available.

    2. Entire Agreement. These Terms comprise the entire agreement between you and Surance relating to the Site, App and/or Services. We may change these Terms at any time, so please review this page regularly.

    3. Amendment. The “last updated” date at the beginning of these Terms indicates when these Terms were last amended. Surance may amend all or any part of these Terms at any time by updating these Terms on the Site, App, or elsewhere on the Services. Surance will provide you with notice of the proposed amendments by posting an amended version of these Terms to the Site with a new version date and may also notify you by other means. The amendments will take effect 30 days ,or at the minimum number of days required by law, after the date on which the amended version is posted to the Site. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Services within the 30-day notice period. There will be no cost or penalty for doing so. If you continue to access or use any of the Services after the 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities. 

    4. Provision of Services. Surance reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Site, App or any part thereof.

    5. No Guarantee. Surance does not guarantee continuous, uninterrupted access to the Site or the App, and operation of the Site, App and/or Services may be interfered with by numerous factors outside the Surance control.

    6. Severability & Waiver. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect. Any failure to enforce a right or term of these Terms shall not be a waiver of the right or term.

    7. No Agency. You and Surance are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

    8. Assignment. You may not assign these Terms, but we may do so without restriction, including, without limitation, to an acquirer of all or substantially all of our assets, to an affiliate or to a successor in interest in connection with a merger, consolidation or reorganization of Surance. Any assignment in violation of this Section 12.8 shall be null and void.

    9. Choice of Law. The Site, Software, App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Delaware (excluding choice or conflicts of laws rules or principles). You agree that all such disputes shall be brought exclusively in the competent courts of Delaware, USA. Notwithstanding the above, we may seek preliminary or interim relief in any court of competent jurisdiction worldwide.

    10. Notices. Users may give notices to us by email to support@us.surance.io subject to receiving written confirmation of receipt of such email.​

  13. Customer Service
       1. We take pride in assisting customers of our products and services. For customer service, please contact us at: support@us.surance.io or call us at (223) 232-2220 note that we may record the phone call with you.

  14. INDEMNIFICATION:  You agree to defend, indemnify and hold us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of the Services, Software web access and / or App; (b) Your alleged or actual breach of the Terms; (c) Your alleged or actual violation of any applicable rule law or regulation; (d) Your negligence or willful misconduct; (e) Your alleged or actual violation of the Intellectual Property or other rights of third parties. We reserve the right at Your expense to assume the exclusive defense and control of any matter which You are required to indemnify and You agree to cooperate in the defense.

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