SUBSCRIPTION AGREEMENT
Effective: November 21, 2023
SUBSCRIPTION FEES
The user agrees to pay the subscription fees specified on the pricing page or agreed upon separately, in writing, with Cyber Pop-Up, “Service Provider.” Subscription fees may be paid monthly, quarterly, annually, or according to another schedule, if mutually agreed-upon and in writing.
RENEWAL
The subscription will automatically renew at the end of each billing cycle unless the user cancels the subscription before the renewal date.
Cancellation: The user may cancel the subscription at any time. If on the monthly plan, cancellation will take effect at the end of the current billing cycle. If on an annual commitment plan, you will be charged the remaining amount due in full at the time of cancelation. All unused pop-tokens will expire when the account is deactivated on the last day of the year subscription. No refunds will be issued for unused portions of the subscription period after the account is deactivated.
TERMINATION
Service Provider may terminate the subscription at any time for violation of the terms of service or any other reason, with or without notice. Users may use any remaining credits they have paid for unless the Service Provider refunds the User’s subscription fees.
SERVICE AVAILABILITY
Service Provider will make reasonable efforts to ensure that Cyber Pop-Up’s Services “Service” is available to the user at all times. However, the Service Provider cannot guarantee uninterrupted service and will not be held responsible for any damages resulting from service interruptions.
INTELLECTUAL PROPERTY
All intellectual property rights related to the Service, including but not limited to software, technology, and content, are owned by the Service Provider or its licensors.
CONFIDENTIALITY
Service Provider will not disclose any confidential information of the user unless required by law. The user agrees not to disclose any confidential information of the Service Provider. Cyber Pop-up may share user information with third-party vendors if required for business purposes. We may share user information with our business partners. For example, we may also share personal information with social media sites, advertisers, media buying agencies, advertising networks, and advertising service providers for the purposes described in this Policy. We may also share personal information with companies that help us learn more about our customers. If we are providing services in relation to a cyber insurance policy, we may share information about you with your insurance carrier.
LIMITATION OF LIABILITY
Service Provider will not be liable for any damages resulting from User’s use or inability to use the Service, including but not limited to direct, indirect, incidental, or consequential damages.
INDEMNIFICATION
The user agrees to indemnify and hold the Service Provider harmless from any claims, damages, or expenses arising from the user's use of the service or breach of the terms of the Service.
GOVERNING LAW
These subscription terms will be governed by and construed in accordance with the laws of the jurisdiction in which the Service Provider is located. Any disputes arising from or related to these terms will be resolved in the courts of that jurisdiction. Service Provider shall disclose their location for the purpose of this clause, upon User’s request.
DEDICATED CUSTOMER SUPPORT MANAGER
Each company will receive a dedicated customer support manager “Support Manager." Support Manager will be matched to the company based on specific criteria (ex. company size, industry). Support Manager will be accessible via internal platform messaging. The support Manager’s role is to be the liaison between the customer and the cyber-expert and ensure projects are successfully delivered to the customer.
ANNUAL POLICY REVIEW
If subscribed to a standard or premium annual plan, the User is granted one policy review, upon request, annually. The policy review shall only apply to policies created by the Service Provider. You must be on an annual plan to receive this benefit.
CYBER EXPERT CALLS
Standard monthly and annual plans include one 45-minute call with a cyber-expert “Expert” monthly. Premium monthly and annual plans include two 45-minute calls with an Expert per month. These calls can be purchased using tokens automatically dropped into the Company accounts per month.
DELIVERY EXPERTS ON-DEMAND
Cyber experts are matched to a company based on the Company’s project needs. The expert will run through pre-determined tasks to complete the Service and the project needs. Expert is not to perform an incidence response. While the Expert’s Services may be scheduled with the User to meet the User’s convenience and preference, the Expert is not expected to give an immediate response to any User request.
AMENDMENT OF FREE SUBSCRIPTION TERMS
Service Provider may amend the Free Subscription terms (“Free Terms”) at any time by posting the amended and restated terms on the Service Provider’s website. The amended and restated Free Terms shall be effective immediately upon posting. Posting by Service Provider of the amended and restated Free Terms and your continued use of the Service shall be deemed to be acceptance of these amended terms. Service Provider may suspend or terminate all or part of the above Free Subscription Benefits at any time at its sole discretion. Service Provider com reserves the right to change, modify, upgrade, limit, or suspend the Service or any of its related functionalities or applications at any time, either temporarily or permanently, without prior notice. Cyber Pop-up further reserves the right to introduce new features, applications, functionalities, and/or conditions to the Service or future versions of the Service. All new features, applications, functionalities, conditions, modifications, upgrades, and alterations shall be governed by this Agreement unless otherwise stated by the Service Provider.
