This Terms of Use agreement ("Agreement") is a legal contract between you ("User") and Akouto Consulting Services Inc. ("Company") governing your use of the web-based application ("Service") provided by the Company for performing self-assessments against the National Institute of Standards and Technology Cybersecurity Framework 2.0 ("NIST CSF 2.0") and other cyber security frameworks.
By accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you may not use the Service.
1. Service Description
The Service provided by the Company allows Users to perform self-assessments against the NIST CSF 2.0 and other cyber security frameworks. Users can input information about their organization's implementation maturity of cyber security controls along with accompanying notes.
2. User Accounts
2.1. User Accounts: In order to use the Service, Users may be required to create an account. Users are responsible for maintaining the security of their account credentials and for all activities that occur under their account.
2.2. Account Information: Users agree to provide accurate and complete information when creating an account and to promptly update their account information as necessary to ensure its accuracy.
3. Use of the Service
3.1. Lawful Use: Users agree to use the Service only for lawful purposes and in accordance with this Agreement and all applicable laws and regulations.
3.2. User Content: Users are solely responsible for the content they input into the Service, including any self-assessment ratings, notes, or other information provided. Users retain ownership of their content, but grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of providing and improving the Service.
3.3. Prohibited Activities:
Users may not: Use the Service in any manner that could damage, disable, overburden, or impair the Company's servers or networks. Attempt to gain unauthorized access to any part of the Service, accounts, or networks. Use any automated means, including robots, crawlers, or data mining tools, to access or interact with the Service. Use the Service to provide products, consulting or other services to third parties. Use the Service to reap a commercial profit or gain.
4. Data Privacy
4.1. Collection and Use of Data: The Company may collect and store information provided by Users, including self-assessment ratings and notes. The Company will use this information solely for the purpose of providing and improving the Service.
4.2. Data Security: The Company will implement reasonable measures to protect the security of User data, but cannot guarantee that unauthorized third parties will not be able to circumvent those measures. Users acknowledge and agree that they provide their information at their own risk.
5. Intellectual Property
5.1. Ownership: The Service, including all intellectual property rights therein, is owned by the Company or its licensors. Users may not copy, modify, distribute, sell, or lease any part of the Service, nor may they reverse engineer or attempt to extract the source code of the Service.
6. Limitation of Liability
6.1. Disclaimer: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2. Limitation of Liability: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification
Users agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with User's use of the Service or violation of this Agreement.
8. Changes to the Agreement
The Company reserves the right to modify or update this Agreement at any time without prior notice. Users are responsible for regularly reviewing this Agreement. Continued use of the Service after any modifications or updates shall constitute acceptance of the revised Agreement.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of laws principles.
10. Contact Information
If you have any questions or concerns about this Agreement, please contact us at info@akouto.com.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms and conditions, you may not use the Service.