Terms of Use

GENERAL TERMS AND CONDITIONS OF USE OF THE PHISHX PLATFORM


Last modified: October 20, 2018


Welcome to PHISHX!


Thank you for using our products and services ("SERVICES"). The SERVICES will be provided by P2 TECHNOLOGY INFORMÁTICA LTDA ("P2 TECHNOLOGY" or "P2"), through its digital security platform for people, called "PHISHX" or "PLATFORM".


By using our SERVICES and / or PRODUCTS, you are agreeing to these terms. Read them carefully.


OUR SERVICES are very diverse, therefore, sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant SERVICES and such additional terms will become part of our AGREEMENT with you if you use these SERVICES.


This instrument contains the general terms and conditions of use of the sites "phishx.io", "www.phishx.io" and "* .phishx.io" (collectively the "WEBSITES", or individually and indistinctly the " WEBSITE "), as well as the services offered through such WEBSITES (the" SERVICES "), under the PHISHX PLATFORM (the" PLATFORM "or" PHISHX ").


1.    The WEBSITES Service


1.1. The WEBSITES are operated by P2 TECHNOLOGY INFORMÁTICA LTDA. ("P2", "PHISHX", "WE", "US" or "OUR", "WE"). "YOU", "YOUR", "YOUR", "USER" or "CUSTOMER" mean the party making use of the WEBSITES and / or SERVICES. Through the WEBSITE, P2 offers YOU, access to data, information regarding PLATFORM.


2.    Use of the WEBSITE and Acceptance of Terms of Use


2.1. YOUR USE OF THE SERVICES and WEBSITES is governed by these GENERAL TERMS AND CONDITIONS OF USE (the "GENERAL TERMS"), which YOU must read carefully before using the WEBSITES and the SERVICES.


2.2. By registering, accessing and using the WEBSITES in any way, including browsing, viewing, downloading, generating, receiving and transmitting any data, information or messages to or from the WEBSITES, YOU express YOUR express agreement on YOUR behalf on behalf of on behalf of YOUR employer, on behalf of your partner and / or on behalf of YOUR CLIENT, to these GENERAL TERMS, as periodically updated, whether YOU are a registered USER of the SERVICES or not, for which YOU agree to respect and comply with all the provisions contained herein, as well as the provisions of the legal notices that regulate the use of the WEBSITES and the SERVICES.


2.3. These GENERAL TERMS constitute a binding agreement between P2 and YOU. If YOU do not agree to these GENERAL TERMS, we do not recommend that you use the WEBSITES or the SERVICES.


2.4. P2 may update or change these GENERAL TERMS at any time. After publication of the alteration of these TERMS OF USE on the WEBSITES, YOUR continued use of the SERVICES or WEBSITES constitutes YOUR express agreement to the TERMS OF USE, as amended.


3.    Access to the WEBSITE and the SERVICES


3.1. In order to access the WEBSITE and use the SERVICES, YOU must maintain and operate the software and hardware required to do so.


3.2. YOU are the sole and exclusive responsible for acquiring, installing and maintaining any and all software and hardware necessary to access the WEBSITE and use the SERVICES.


3.3. We are not responsible for any technical difficulties you face arising from the use of these software and hardware.


4.    Registration Process


4.1. P2 may request that YOU sign up to use the free, paid services and / or request that YOU register before using any free and / or paid portion of the SERVICE.


4.2. By registering, YOU agree to provide true, correct, updated and complete information (the "REGISTRATION DATA") as requested in the registration form provided to YOU through the WEBSITES, under penalty of liability under the applicable legislation in force.


4.3. We may rely on your REGISTRATION DATA to evaluate YOUR business situation, to provide information about OUR SERVICES (in accordance with OUR PRIVACY POLICY), or, alternatively, to identify and / or contact YOU. If YOUR SIGNIFICANT DATA are not true and correct, or are outdated and incomplete, P2 may terminate the SERVICE or terminate YOUR account and all current or future uses of the SERVICES (or any part thereof).


4.4. YOU will receive a password and account designation when completing the registration process, it being certain that such data is personal and non-transferable (the "ACCESS DATA"). YOU are the sole and exclusive responsible for maintaining the confidentiality of such data, as well as for all activities that occur through the use of your ACCESS DATA.


4.5. In addition, YOU undertake to:


(i) immediately notify P2 of any unauthorized use of YOUR ACCESS DATA or any other breach of security, including, but not limited to, the loss, loss or theft of YOUR ACCESS DATA; and
(ii) logout (correct platform logout) into your account at the end of each session of use.


4.6. We will not be liable for any loss or damage arising from YOUR failure to comply with the provisions of this section.


5.    Changes in the SERVICES or WEBSITES.


5.1. P2 reserves the right to modify, suspend, terminate and / or discontinue any aspect of the WEBSITES at any time, including the availability of any SERVICES, information, features and / or features accessible through the WEBSITES.


5.2 We may also impose limitations on certain features, functionalities or services or restrict YOUR access to parts or all of the WEBSITES and / or SERVICES without prior notification and without implying in any way OUR responsibility for any damages that may be suffered.


5.3. Any improvements or additions to the WEBSITES and / or SERVICES will be subject to these TERMS OF USE, unless we expressly state otherwise. WE may introduce new specific sets of terms and conditions for specific SERVICES, as appropriate, or amend existing specific terms and conditions.


5.4. P2 reserves the right at any time or title to control and / or change the appearance, development and / or operations of the WEBSITE at our sole discretion, as well as to establish and modify the procedures for YOUR CONTACT, without the need for prior notification.


6.    Links to other WEBSITES


6.1. The content of any websites that YOU access from OUR WEBSITES is totally outside of OUR control, being that the access and the permanence in such websites will be by YOUR own account and risk. The inclusion of these links in the WEBSITES does not imply in our endorsement or consent to any products, services, content, information or materials offered by or accessible to YOU on the websites of third parties.


6.2. We do not represent or warrant any third party websites that YOU may access through the WEBSITES. We can not accept any responsibility or assume any obligation with respect to any material contained in any other website. Any opinions or recommendations expressed on such other websites are solely those of the independent providers and are not, nor represent, the opinions or recommendations of P2.


6.3. All copyrights and trademarks accessible through the links on the WEBSITES are the property of the respective owners of the websites and / or their licensors.


7.    Intellectual Property


7.1. The WEBSITES, the SERVICES, their structures and all the functionalities contained therein, all information, data, texts, images and graphics and all the components used in the WEBSITES ("CONTENT") are protected by copyrights and other intellectual property rights. YOU acknowledge that P2 holds all rights, title and interest in the CONTENT and that YOU will not, through the use of the WEBSITE, acquire any rights of your own.


7.2. WE ARE OWNERS OF ALL INFORMATION ARISING FROM OUR WEBSITES OPERATION AND YOU SHALL NOT DISCLAIM ANY USE OF SUCH INFORMATION BY US.


7.3. YOU may print a copy of individual sessions of our WEBSITES for YOUR personal use only, provided that no copyright or proprietary notices are removed. The information contained in the WEBSITES and its CONTENT shall not be modified in any way, reproduced (in whole or in part), distributed, transmitted to any other person or entity, incorporated in any document or other material or linked by electronic or other means without the express written permission of P2, except as expressly licensed under this GENERAL USE TERMS.


7.4. Licenses for the use of OUR WEBSITES are granted in a non-exclusive, non-transferable, non-sublicensable manner and may be revoked at any time in relation to any and all CONTENT provided to YOU for the exclusive use in the processing of internal systems. P2 does not grant any other license or authorization on your intellectual and industrial property rights or on any other property or right related to the SERVICES and / or the WEBSITES. P2 reserves all and any right over its trademarks, copyrights, and other intellectual property rights, available on OUR WEBSITES being forbidden its use without our express authorization, under penalty of setting up civil and criminal offenses.


8.    No Warranties


8.1. Although WE have made our best efforts to ensure that the WEBSITE CONTENT is reliable, no warranty (explicit or implied) is made as to its currency, accuracy, completeness or impartiality, and therefore YOU must, if necessary, obtain an independent verification of any of the information contained herein.


8.2. WE (I) assume no liability whatsoever of any nature and title whatsoever about any CONTENT contained in the WEBSITES, or the SERVICES provided or any information provided by or through the WEBSITES, and (ii) we do not guarantee that the WEBSITE or any SERVICES or CONTENTS of it will be uninterrupted or error free, defects will be corrected or that WEBSITES, the server on which it is made available or any system connected to it, is free from viruses or other harmful components.


8.3. YOU acknowledge that YOU must use the WEBSITES, its CONTENT and the SERVICES at your own risk, and that WEBSITES, its CONTENT or the SERVICES may contain technical problems or other limitations for which WE assume no responsibility and can not be held responsible for any damages that may arise from technical problems, limitations, failures, bugs, malware, malicious software and / or computer viruses, in connection with YOUR access to or use of the WEBSITES, its CONTENT and / or SERVICES.


9.    Responsibilities


9.1. Except in the case of proven malicious conduct, P2 shall at no time be liable for (a) loss or damage of any nature arising as a result of any CONTENT posted on the WEBSITES, these GENERAL TERMS, SERVICES or any other information, data, software or service provided through the WEBSITES; or (b) any losses resulting from orders or purchases of goods or services from third parties made through or based on information or the CONTENT provided on the WEBSITES. OUR total and cumulative liability to YOU, under no circumstances will be greater than R $ 1,000.00 (one thousand reais).


9.2. In no event shall P2 be liable for any indirect damages, of any nature, that may, directly or indirectly, be attributable to the use or inability to use the WEBSITES, any published content of the WEBSITES, or these GENERAL TERMS, of the SERVICES or any information, data, software or service provided through the WEBSITES, even if advised of the possibility of such damages or if such damages were foreseeable.


9.3. WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY OR NON-PERFORMANCE OF THE SERVICES, OR FAILURE TO ACCESS THE WEBSITES OR ANY PART OF THE CONTENT THEREOF, ARISING OUT OF ANY CIRCUMSTANCE OTHER THAN OUR RIGHT CONTROL OR PROVIDERS OF OUR SERVICES.


9.4. YOU are responsible for the content of YOUR messages or any other data, information or materials distributed through the WEBSITES. YOU are responsible for all obligations to third parties arising out of YOUR USE OF THE WEBSITES, including contractual, tax and regulatory liabilities. YOU agree to indemnify us for any costs, expenses or liabilities that WE incur, and any claims or lawsuits that may be brought against P2 as a result of YOUR USE of the SERVICES, WEBSITES or any CONTENT thereof.


10.    Acceptable Use Policy


10.1. YOU agree not to:


(i) use the WEBSITES, any CONTENT of them as well as the SERVICES for personal or personal reasons, but only for YOUR normal business activities, or YOUR company, YOUR employer and / or YOUR CLIENT;


(ii) use the WEBSITES, any CONTENT thereof, as well as the SERVICES for any unlawful purpose;
(iii) make available knowingly through the WEBSITES or upload files, data or any other materials not owned or licensed to YOU;

(iv) make available through the WEBSITES or upload files or other data or materials that YOU know to contain viruses, bugs, malfunctions, malware, corrupted data and / or other harmful items;
(v) interfere with the normal operation of the WEBSITES;
(vi) interfere with the use and access of other parties to the WEBSITES, its CONTENT and SERVICES; and
(vii) publish, post, distribute or disseminate defamatory, transgressive, obscene, indecent or illegal materials or information through our SERVICES or WEBSITES.


10.2. P2 reserves the right to immediately suspend and / or block YOUR access to the WEBSITES or any SERVICE, and remove any information or data that we consider to be a breach of any of these TERMS, without prior notice and / or make available such when requested by public agencies or by court order.


10.3. P2 works and will use its best efforts to keep the WEBSITES and SERVICES in operation, however, all online services are subject to occasional interruptions and stoppages. P2 shall not be liable for any interruption or loss YOU may suffer as a result of such interruptions or outages.

 

11.    Privacy


11.1. We make it clear that personal data of visitors to the WEBSITE are not collected or stored when they are not voluntarily provided by the party. Personal data collected through the WEBSITES may include your name, e-mail address, contact information, your IP address and the name of the computer that is accessing, as well as other data relevant to the use of our SERVICES.


11.2. P2 undertakes not to use the personal data provided by visitors to the WEBSITES for marketing purposes without your prior consent. Please note that such consent is not provided in accordance with these TERMS OF USE.


11.3. WEBSITES are of general public use and do not collect personal data from any person below 18 (eighteen) years, without the consent of parents and / or guardians.


11.4. By accepting these TERMS OF USE, by using the WEBSITES and / or SERVICES, you declare under the penalties of the law, to be 18 (eighteen) years of age or more.


12.    Use of collected data


12.1. YOU hereby expressly acknowledge and authorize P2, during YOUR USE OF THE WEBSITES and THE SERVICES, to collect YOUR data, including the use of cookies, as indicated in item 13, below.


12.2. The collection and storage of the data of the visitors of the WEBSITE are only intended for the provision of our SERVICES and the practice of the necessary acts and arising from them. P2 may collect information additional to that provided by YOU, such as information regarding your use of the WEBSITES and the SERVICES, without identifying you as an individual. In addition, we collect certain standard information that your browser sends to each visited site, software versions and hardware, such as the IP address, browser type and language, access times, and referral site addresses. For example, we may use site analytics tools on our WEBSITES to extract information from your browser, including your source site, the search engines and the keywords you used to find our site, the pages you displayed within of our site. Furthermore, the data may be used for the purpose of performing statistical analyzes regarding the uses of the WEBSITES. These statistics are used to better serve our customers.


12.3. The data collected by P2 may be used by other companies that may arise and form an economic group with it, always respecting these TERMS OF USE. By submitting the data in the WEBSITES, you expressly agree with this modality of use. P2 will not transfer your data to third parties, outside of any economic group, without your prior and express consent, unless you are required to do so under applicable law.


13.    Cookies

 

13.1. P2 may use the information store (known as cookies) to enable you to use our site more easily and to keep track of certain statistical data that help us to improve our WEBSITES. OUR cookies do not contain personally identifiable information. Most browsers are initially configured to accept cookies. If you wish, you can instruct your internet browser to prevent cookies from being used and delete existing cookies. However, please note that the high quality of our WEBSITES and / or SERVICES may be reduced as a result thereof. Please refer to the help guide of your internet browser for further guidance.


14.    Security


14.1. P2 adopts all appropriate digital, technical, and organizational security measures to protect your data, in accordance with the best industry standards. However, you should be fully aware that no security system offers complete guarantee, so that P2 is not responsible for data leakage, when proven that it has occurred in a criminal way, by using technological resources superior to standards usually accepted by the industry and used by P2.

 

15.2. YOU have the right to terminate your access to the WEBSITES and to all SERVICES by sending written notification to P2, except for specific provisions in SERVICE CONTRACT, PROPOSAL FOR ACCESSION, COMMERCIAL PROPOSAL, TECHNICAL PROPOSAL, QUOTATION ( QUOTE) and / or PRE-PROPOSAL entered into between YOU and P2.


16.    Governing Law


16.1. These TERMS OF USE and all relations arising therefrom are subject to the laws of the Federative Republic of Brazil, being elected the forum of the City of São Paulo, in the state of São Paulo, to settle any controversy arising from this instrument.


17.    Notifications


17.1. Notifications can be given by US or YOU by e-mail. OUR address for this purpose is: meajuda@phishx.io.


18.    General Provisions


18.1. YOU may not assign, sublicense, subcontract, transfer or dispose of any YOUR rights and obligations under these TERMS OF USE without our prior consent.


18.2. P2 may assign the CONTRACT or the rights derived therefrom to any of the companies in the economic group of which it is a party or which may become a party in the future.


18.3. Taxes and other fiscal charges that are due, directly or indirectly, by virtue of the amounts paid or received through this CONTRACT or by virtue of its execution shall be the responsibility of the taxpayer defined in the tax standard, without the right to reimbursement.


18.4. These TERMS OF USE (together with any specific terms and conditions for specific services, including PROPOSAL FOR ACCESSION, COMMERCIAL PROPOSAL, TECHNICAL PROPOSAL, QUOTE, PRE-PROPOSAL and / or CONTRACT FOR THE PROVISION OF SERVICES, contain (s) the agreement between us, in relation to the SERVICES and YOUR USE OF THE WEBSITES, and, supersede all prior agreements between us in relation to them.


18.5. If at any time, any provision (or part of any provision) of these TERMS OF USE is, or becomes unlawful, invalid or unenforceable in any respect, under the law of any jurisdiction, this shall not affect or impair the legality, in any or all other jurisdiction of any other provision (or any other part of the same provision) of these TERMS OF USE.


PhishX | Cybersecurity for People Created by our Legal Team