BeVigil - The internet's first and only security search engine for mobile apps

These Terms of Service (hereinafter, "Terms") contain the terms and conditionsupon which CLOUDSEK INFORMATION SECURITY PRIVATE LIMITED, ("we" or "us" or "our" or "Cloudsek"), having a principal place ofbusiness at Indiranagar, Bengaluru, Karnataka, India, provide to you (a user of the Services) with access and use of our, (a) Cloudsek web platform, ("Platform"),that allows users to verify apps and understand the security features of the apps present (b) the tools and services accessible via the Platform, (c) website www.bevigil.com, (d) our services for configuration and setup and (e) our Customer interface channel services. All of the above are hereinafter collectively referred to as the "Services".

These Terms, constitute a legally binding contract between you and us and govern the use of and access to the Services by you. Please read these Terms carefully as it contains important information about your legal rights, remedies, and obligations.

By accepting these Terms, either by signing up for a Cloudsek account or accessing and using any of the Services or permitting any agent, entity or employee to access or use the Services, you agree to be bound by these Terms. If you are signing up as a company, organization or any other legal entity ("Entity"), you are agreeing to these Terms for that Entity and representing to Cloudsek that you have the authority to enterinto these Terms and bind such entity and its affiliates to these Terms. If you do notagree to these Terms, then you may not access or use any of the Services.

Any new features that augment or enhance the current Platform or Services, including the release of new tools and resources, shall be subject to these Terms.

Cloudsek does not contract with minors. By accepting these Terms, you confirm that you area natural person and major of age (according to the local laws) and competent to enter into a valid and binding contract and you warrant that you possess the legal authority tocreate a binding legal obligation.

1. PERMISSION TO ACCESS AND USE THE PLATFORM AND THE SERVICES
1. Upon completion of your registration process, we hereby grant to you the limited,non-exclusive, non-transferable, non-sublicensable, revocable right to use the Platform and Services in accordance with the terms of these Terms and upon completion of the Registration Process. We reserve all other rights including the intellectual property rights in the Platform’s name, trademarks, copyrights, content and any other intellectual property.
2. We reserve the right to make changes to the functionality of the Platform from time to time. We shall perform all necessary server management and maintenance services with respect to the Platform at no additional cost to you.
3. You understand that we do not always monitor or control any data or content uploadedby you or other users to the Platform. You agree not to use or encourage, or permit others to store, upload, modify, update or share any content that violates these Terms or applicable laws. You agree that you own the intellectual property to or otherwisehave a legal right or authority to upload the content that is uploaded on the Platform through your account.
2. ACCEPTABLE USAGE OF THE PLATFORM AND RESTRICTIONS
1. You agree that you are responsible for your own conduct while using the Platform and Services and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms.
2. You agree to use the Services solely for the purpose for which the Services are provided, namely testing, evaluation and feedback, and solely to aid your business.You shall not sublicense or resell the Platform or the Services for the use or benefitof any other organization, entity, business or enterprise.
3. While using the Platform or the Services, you shall not, and not permit anyone toattempt to or otherwise do any of the following:
1. Upload any code and/or content that is illegal or may infringe upon the intellectual property rights of any third party.
2. Infringe any laws applicable to you, third-party rights, especially intellectual property rights or our policies.
3. Post content or items in inappropriate areas on our Platform and Services
4. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (suchas rights of privacy and publicity) of others; upload, post, email or transmit orotherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content
5. For blackmail, extortion, or for otherwise inappropriate purposes or to improperly access or view obscene, pornographic, or otherwise sexually explicit material.
6. Shall not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password and account information fromany other user/subscriber of the Platform. Cloudsek reserves the right to post advertisements on the Platform.
7. Upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary rightof any party, unless you are the owner of the rights or have the permission of theowner to post such content;
8. Remove any copyright, trademark or other proprietary rights notices contained in oron the Platform
9. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason.
10. Distribute or post spam, unsolicited, or bulk electronic communications, chainletters, or pyramid schemes;
11. Distribute viruses, worms, defects, trojans or any other technologies that may harm us, the Platform, or the interests or property of other users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful,threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane orwhich may harass or cause distress or inconvenience to, or incite hatred of, anyperson;
12. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software used by us in connection with the Platform;
13. Distribute any file posted by another that you know, or reasonably should know,cannot be legally distributed in such manner
14. Impersonate another person or entity, or falsify or delete any author attributions,legal or other proper notices or proprietary designations or labels of the origin orsource of software or other material;
15. Restrict or inhibit any other user from using and enjoying the Platform;
16. Harvest or otherwise collect information about other users, including emailaddresses, without their consent.
17. Copy, modify or distribute rights or content from the Platform or its copyrights and trademarks; or
18. Use the Platform to facilitate money exchange including, but not limited to,cryptocurrency.
4. You agree that you will not, and will not permit anyone under any circumstances toupload, post, host, or transmit any Content that:
1. is in violation of laws in force or promotes unlawful activities;
2. is defamatory, or fraudulent;
3. is or contains sexually obscene content;
4. false, inaccurate, misleading, deceptive, defamatory or offensive (including personal information);
5. is discriminatory or abusive toward any individual or group;
6. contains or installs any active malware or exploits, or uses our Platform for exploit delivery (such as part of a command and control system); or
7. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
5. You explicitly agree to not attempt or allow the misuse of other users' personalinformation and comply with data protection laws applicable to you.
3. REGISTRATION OF ACCOUNT AND ACCOUNT INFORMATION
1. In order to access and use the Platform, you need to complete the registration process and create an account with Cloudsek which requires you to furnish certain information("Account Information"). You should keep this information updated at all times. Upon completing the registration process, you will be entitled to access anduse the Platform.
2. You are entirely responsible for any data/content that is entered into or sent from your account such as any codes, apk uploads, communications etc. You agree that you are the owner of or otherwise authorised by the owner of such data/content uploaded byyou to the Platform. You are also responsible for all the activity that occurs through or within the account. Any abusive, fraudulent or unauthorized use of the Platformshall warrant termination of your right to access and use the Platform. You are fully liable for any fraudulent, abusive or illegal activity or data storage that occursthrough your account.
4. FEES AND PAYMENTS
1. All amounts associated with the Your Account are due in full and payable in advance(in the beginning of the Term) and as agreed upon. All such amounts are based on the Plan chosen by You/as mutually agreed upon between You and CloudSEK.
2. Payment Methods: Fees may be paid by the You through various methods of payment provided for by CloudSEK through its Services.
3. The Billing Cycle starts from the time You makes the first payment to CloudSEK and can be monthly, quarterly or annually as agreed upon. You are responsible for providing complete and accurate billing and contact information to CloudSEK and notifying of any changes to such information.
4. CloudSEK may modify the Fee by giving a prior notice of thirty (30) days. In the eventof an upgrade or opting additional Services, the new Fee will take effect immediately and be pro-rated for the rest of the month if paying monthly, and if prepaid for annual, the pro-ration will happen until the end of the term of the Billing Cycle. Unless otherwise agreed by the parties, Services will be billed in advance on amonthly, six monthly or annual basis, starting on the first payment.
5. You shall ensure timely payment of the Fee. In case the You fail to pay the fee for aperiod of two Billing Cycles, CloudSEK reserves the right to terminate this Agreement.
6. Unless otherwise agreed upon, invoiced charges are due net 30 days from the invoicedate. Any overdue payment shall accrue interest at the at the maximum rate permittedby law on the outstanding balance per month from the date on which such amount becomes due until the date paid. In case any payment is overdue for 30 days or more, CloudSEKreserves the right to suspend your access to the account and/or downgrade the Services until the payment is made. In addition, CloudSEK may condition future subscription renewals on shorter Billing Cycles.
7. Refunds: All Fees paid are non-refundable. You acknowledge and agree that no refundsshall be paid on account of opting out, cancellation, non-use or partial use of theServices.
8. Taxes: All amounts mentioned are exclusive of GST and other taxes. You are responsiblefor paying all the applicable taxes. CloudSEK shall, if it has the legal obligation todo so, include such amounts in the invoice. In case CloudSEK pays any taxes or dutieson Your behalf, You agree to reimburse CloudSEK for any such payment.
5. FEEDBACK
1. The Services are made available to you for the purposes of evaluation and feedbackwithout any compensation or reimbursement of any kind from Cloudsek. You shall timely provide us with your comments, criticisms, and suggestions for changes with respect tothe Platform and the Services. Further you agree to help us identify any and all errors or malfunctions in the operation of the Platform and/or Services. You acknowledge the importance of communication between you and Cloudsek during your useof the Services and agree to receive related correspondence and updates from us. Inthe event you request to opt out from such communications, your participation in the Platform will be terminated, and your use of the applicable Services will likewise bediscontinued.
2. As part of using the Services, you will be asked to provide feedback regarding youruse of the Services. You acknowledge that Cloudsek owns any feedback provided, and youhereby grant to us, if for any reason it is further needed, a perpetual,non-revocable, royalty-free worldwide license to use and/or incorporate such feedbackinto any of our products or services at any time at our sole discretion. If we chooseto publish such feedback, we will either do so in a way that does not identify you orseek your consent in the event we do wish to identify you.
3. We may also monitor how you use the Services and use that information to improve theServices or our other products and services.
6. INTELLECTUAL PROPERTY
1. All intellectual property rights relating to the Platform and the Services, itscontent, materials including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations areintellectual property co-owned by or licensed to Cloudsek Information Security PrivateLimited and/or third parties and are protected by the laws of India and international copyright laws. All trademarks, service marks, and trade names are proprietary to Cloudsek Information Security Private Limited and/or third parties.
2. You acknowledge and agree that all Proprietary and Intellectual Property rights in the Platform and the Services vest with us and we retain all ownership, rights, title andinterest in the Platform and the Services and that nothing in these Terms gives youany right, title or interest in or to the Platform and/or Services or any of our Intellectual Property.
3. You shall not copy, modify, publish, transmit, upload, participate in the transfer orsale of, reproduce, create derivative works based on, distribute, reverse engineer,reverse assemble, disassemble, decompile or in any way exploit any of the Platform orServices content, software, materials relating to the Platform or Services in whole orin part.
4. You agree to abide by all copyright notices, information, and restrictions contained in any content accessed through the Platform.
5. You own and retain all right, title and interest with respect to all Content that hasbeen entered or generated by you. You grant permission to us to include your name in alist of our customers online and in print and electronic marketing materials, for the purpose of advertising and promotional events.
7. OPTING OUT AND TERMINATION
1. These terms will remain in effect for as long as you use the Services. Either party may terminate these Terms before the end of your participation in the applicablePlatform for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Services.
2. You may terminate your registration by sending an email to [email protected] oryour Point of Contact at Cloudsek., if you no longer wish to use the Platform. Upon termination, you will cease to have access to the Platform or any of the Services. Cloudsek is under no obligation to provide your data to you once you have terminated the Services and your access to the Platform is revoked.
3. Cloudsek reserves the right to suspend or terminate your account or restrict orprohibit you access to the Platform immediately (a) if Cloudsek is unable to verify or authenticate your registration data, email address or other information provided by you, (b) if Cloudsek believes that your actions may cause legal liability for you or for Cloudsek, or all or some of Cloudsek’s other users, or (c) if Cloudsek believes you have provided false or misleading registration data or other information, have notupdated your account information, have interfered with other users or the administration of the Services, or have violated these Terms or the Privacy Policy.
4. Upon termination of these Terms, your right to access the Platform and use the Services shall immediately cease and you shall not be allowed to access your data in any form. Thereafter, you shall have no right, and Cloudsek shall have no obligation thereafter, to execute any of uncompleted tasks.
5. Cloudsek follows a no refund policy and therefore, no refund of the Fees shall beprovided under any circumstances.
6. Once the Services are terminated or suspended, any data that you may have stored onthe Platform, may not be retrieved later. Cloudsek shall be under no obligation toreturn the information or data to you.
7. These Terms will automatically terminate upon any breach by you of any of yourobligations hereunder including breach of confidentiality obligations. Your breach ofany of your obligations under these Terms may result in your immediate termination from use of other Services, or participation in any other Platforms.
8. DISCLAIMER OF WARRANTIES
1. You hereby acknowledge and agree that the Services and the Platform are provided byCloudsek to you on an “as is” and “as available” basis without warranty of any kind.Your access to, participation and/or use of the Platform and Services, is at your solerisk.
2. To the extent permitted by law, we expressly disclaim all warranties, whether express,implied or statutory, regarding the Platform and the Services including withoutlimitation any warranty of merchantability, fitness for a particular purpose, title,security, accuracy and non-infringement.
3. We do not provide any warranty that (i) the Platform will meet your requirements; (ii)that the Services will be uninterrupted, timely, secure, or error-free; that theinformation provided through the Platform is accurate, reliable or correct; (iii) thatany defects or errors will be corrected; (iv) that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.
4. You understand and agree that any advice, material or information, whether oral orwritten, downloaded or otherwise obtained by you from the Platform or otherwise fromus is done at your sole risk and shall create any warranty not expressly stated inthese Terms.
9. LIMITATION OF LIABILITY
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLOUDSEK AND ITS DIRECTORS, OFFICERS,EMPLOYEES, AGENTS AND MEMBERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER, CAUSED INCLUDING BUTNOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES(EVEN IF CLOUDSEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING,WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS OR REVENUE.), RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE BETA SERVICE FOR ANY REASON;
2. USE OF BETA SERVICES THROUGH THE BETA PLATFORM THAT INVOLVE ARTIFICIAL INTELLIGENCE;
3. ANY LOSSES CAUSED DUE TO DELAY IN PROVIDING ALERTS OR INTIMATIONS OF PROBABLETHREATS;
4. RELIANCE BY YOU ON INFORMATION FEATURING ON THE BETA PLATFORM THAT IS OBTAINED FROM PUBLIC SOURCES OR THIRD PARTIES;
5. ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, ORTECHNICAL MALFUNCTIONING OF THE BETA PLATFORM;
6. THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATIONOR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTOTHROUGH OR FROM THE BETA SERVICE;
7. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BETA SERVICE;
2. UNDER NO CIRCUMSTANCES WILL CLOUDSEK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE BETASERVICE OR CUSTOMER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN BY ANY THIRD PARTY.
3. THE LIMITATIONS OF LIABILITY HEREIN SHALL NOT APPLY TO ANY INDEMNIFICATION PROVIDED BY YOU OR CLOUDSEK HEREUNDER. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THESE TERMS AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY WILL NOT APPLY IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
4. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CERTAININSTANCES, PORTIONS OF THE ABOVE RESTRICTION OUTLINED IN THIS SECTION MAY NOT APPLY TOYOU.
5. NO ACTION AGAINST EITHER PARTY ARISING OUT OF THESE TERMS MAY BE BROUGHT BY THE OTHERPARTY MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN.
6. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY KNEW ORSHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITSESSENTIAL PURPOSE. EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONSHEREUNDER.
7. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CLOUDSEK’S AGGREGATE LIABILITY(WHETHER IN CONTRACT, TORT OR OTHERWISE), AND THAT OF ITS AFFILIATES SHALL EXCEED INR50,000, PROVIDED IN THIS SECTION, IS THE ONLY RECOURSE THAT YOU MAY HAVE AGAINST CLOUDSEK FOR BREACH BY CLOUDSEK OF ANY OF ITS RIGHTS OR OBLIGATIONS HEREUNDER.
10. INDEMNIFICATION

You agree to indemnify, keep indemnified, defend and hold harmless Cloudsek and itsdirectors, officers, employees, assigns and agents from and against any and all losses,expenses, claims, costs and damages suffered, directly or indirectly, arising out of, or which may arise in connection with (i) any misrepresentation or any breach of any representation or warranty contained in these Terms; (ii) any breach of ornon-compliance with any covenant or any other term of these Terms;(iii) your use of theServices and/or your participation in the Platform, or (iv) any violation by you of any applicable laws, rules or regulations.

11. CONFIDENTIAL INFORMATION
1. You acknowledge and agree that: (i) the Platform and Services constitute Confidential Information as defined in these Terms (ii) you acknowledge that the successful marketlaunch of commercial versions of the Services requires you to keep all Cloudsek dataand information discussed and/or made available through or contained in Platform, including, without limitation, the Services strictly confidential; (iii) the prematurerelease of any of the Confidential Information would damage Cloudsek’s competitive and intellectual property interests; and (iv) and information about the Services shall notbe shared with anyone.
2. All “Confidential Information” disclosed by you to us that is designated in writing as confidential as well shall not be used or disclosed for any purpose outside the scopeof these Terms, except when required by the process of law or with your priorpermission. Confidential Information shall not include information which:
   1. is known publicly;
   2. is generally known in the industry before disclosure;
   3. has become known publicly, without our fault; or
   4. has been otherwise lawfully known or received by us.
3. Except as otherwise expressly permitted under these Terms, we agree to keepconfidential all information entrusted to us and to protect it at all times by exercising a reasonable degree of care.
4. You agree that we may disclose Information to our employees, consultants, agents or advisors who have a strict need to know such Confidential Information solely for the purpose of performing the our obligations under these Terms and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in these Terms.
5. You shall not disclose our Confidential Information to any third party without ourprior express consent to disclose such information.
6. If in case we are required by law, or upon receiving process from a court of law, todisclose Confidential Information, it will be bound to disclose such information,without giving any notice of the same to you.
12. GOVERNING LAW AND JURISDICTION
1. In the event of a dispute, difference or claim between the parties hereto, arising outof these Terms or in any way relating hereto, or any term, condition or provisionherein mentioned or the construction or interpretation thereof or otherwise inrelation hereto, the parties shall first endeavour to settle such difference, dispute, claim or question by mutual discussion, failing which the same shall be referred to arbitration. Any unresolved disputes or claims which may arise out of or in connectionwith these Terms shall be referred to arbitration before a single arbitrator mutually appointed by the Parties in accordance with the Arbitration and Conciliation Act, 1996or any statutory modification or re-enactment thereof for the time being in force. Anyaward whether interim or final, shall be made, and shall be deemed for all purposes between the parties to be made, in Bangalore.
2. The arbitration proceedings shall be conducted in English language and shall be held in Bangalore, India.
3. These Terms will be governed by the laws of India, and shall be subject to the exclusive jurisdiction of the courts of Bangalore, Karnataka.
13. MODIFICATIONS

We reserve the right, at our sole and reasonable discretion, to amend these Terms at anytime and will update these Terms in the event of any such amendments, and notify you insuch event. By continuing to access or use the Platform and Services after the effectivedate of modifications to these Terms, we will treat your use as acceptance of the updated Terms and you agree to be bound by such modifications.

14. MISCELLANEOUS
1. No Partnership. Nothing in these Terms shall be deemed to constitute a joint venture,partnership or agent principal relationship between the parties. Each party is interacting with the other on a principal to principal basis and acts of one party shall not bind the other party or incur obligations on behalf of the other party save except in terms of these Terms.
2. Severability. If any of the provisions of these Terms are deemed invalid, void, or forany reason unenforceable, that part of the Terms will be deemed severable and will notaffect the validity and enforceability of any remaining provisions of these Terms.
3. Waiver. Any failure by Cloudsek to enforce these Terms, for whatever reason, shall notnecessarily be construed as a waiver of any right to do so at any time.
4. Entire Agreement. These Terms as amended from time to time, along with the PrivacyPolicy and other related policies made available from time to time, constitutes the entire agreement and supersedes all prior understandings between the parties relating to the subject matter herein. No other agreements, representations or warranties havebeen made to you with respect to the subject matter of these Terms, except asreferenced herein.
15. COMPLIANCE WITH LAWS

Both parties agree to comply with all applicable local, state, national ,and foreignlaws, rules, and regulations, including, but not limited to, all applicable import andexport laws and regulations governing use, transmission and/or communication of content,in connection with their performance, participation, access and/or use of the Servicesor Platform.

16. COMPLIANCE WITH LAWS

You agree to receive electronically all communications, agreements, documents, notices,and disclosures that we provide in connection with the Platform and Services. We may connect and communicate with you in a variety of ways, including by e-mail, text or by posting them through the Platform. You agree that all such communications that we provide to you electronically satisfy any legal requirement that such communications bein writing. Notices to us shall be addressed to [email protected]