Terms of Use
Welcome to PHISHX!
Thank you for using our products ("PRODUCTS"). The PRODUCTS 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 PRODUCTS, you are agreeing to these terms. Read them carefully.
OUR PRODUCTS are very diverse, so at times additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant PRODUCTS and such additional terms will become part of our AGREEMENT with you if you use those PRODUCTS.
This instrument contains the general terms and conditions of use of the websites "phishx.io", "www.phishx.io" and "*.phishx.io" (together, the "WEBSITES", or, individually and indistinctly, the "WEBSITE"), within the scope of the PHISHX PLATFORM (the "PLATFORM" or the "PHISHX").
1. The WEBSITES Service
1.1. The WEBSITES are operated by P2 TECHNOLOGY INFORMÁTICA LTDA. ("P2", the "PHISHX", "WE", "US" or "OUR", "US"). "YOU", "YOUR", "USER" or "CUSTOMER" means the party making use of the WEBSITES. Through the WEBSITE, P2 offers YOU access to data, information regarding the PLATFORM.
2. Use of the WEBSITE and Acceptance of the Conditions of Use
2.1. YOUR use of the PRODUCT and the WEBSITES is governed by these GENERAL TERMS AND CONDITIONS OF USE (the "GENERAL TERMS"), which YOU should read carefully before using the WEBSITES and the PRODUCTS.
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 YOUR company, on behalf of YOUR employer, on behalf of your partner and/or on behalf of YOUR CLIENT, to these GENERAL TERMS, as updated from time to time, whether YOU are a registered USER of the PRODUCTS or not, whereby YOU undertake 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 PRODUCTS.
2.3. These GENERAL TERMS constitute a binding contract between P2 and YOU. If YOU do not agree to these GENERAL TERMS, we do not recommend that you use the WEBSITES or the PRODUCTS.
2.4. P2 may update or change these GENERAL TERMS at any time. Upon posting of the amended TERMS OF USE on the WEBSITES, YOUR continued use of the PRODUCTS or the WEBSITES constitutes YOUR express agreement to the TERMS OF USE, as amended.
3. Access to the WEBSITE and the PRODUCTS
3.1. In order to access the WEBSITE and use the PRODUCTS, YOU must maintain and operate the software and hardware necessary to do so.
3.2. YOU are solely and exclusively responsible for acquiring, installing and maintaining any and all software and hardware necessary to access the WEBSITE and use the PRODUCTS.
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 ask YOU to register to use the free or paid PRODUCTS and/or request YOU to register before using any free and/or paid part of the PRODUCT.
4.2. By registering, YOU agree to provide true, correct, up-to-date and complete information (the "REGISTRATION DATA") as requested in the registration format made available to YOU through the WEBSITES, under penalty of liability under the terms of the applicable legislation in force.
4.3. WE may rely on your REGISTRATION DATA to assess YOUR business situation, to provide you with information about OUR PRODUCTS (in accordance with OUR PRIVACY POLICY), or alternatively to identify and/or contact YOU. If YOUR REGISTRATION DATA is not true and correct, or is out of date and incomplete, P2 may terminate the SERVICE or terminate YOUR account and all current or future uses of the PRODUCTS (or any part thereof).
4.4. YOU will receive a password and account designation at the time you complete the registration process, provided that such data is personal and non-transferable (the "ACCESS DATA"). YOU are solely and exclusively 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) log out (correct exit from the PLATFORM) in your account at the end of each user session.
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 to the PRODUCTS or the 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 PRODUCTS, information, features and/or functionalities 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 PRODUCTS without prior notice and without this implying any liability on OUR part for any damage you may suffer.
5.3. Any improvements or additions to the WEBSITES and/or PRODUCTS shall be subject to these TERMS OF USE, unless WE expressly provide otherwise. WE may introduce specific new sets of terms and conditions for specific PRODUCTS, 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 with US, 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 OUR control, and access to and permanence in such websites is at YOUR own risk. The inclusion of these links on the WEBSITES does not imply OUR endorsement or consent to any products, services, content, information or materials offered by, or accessible to YOU on the third-party websites.
6.2. WE do not represent or warrant any third-party websites that YOU may access through the WEBSITES. WE cannot accept any responsibility or assume any liability with respect to any material contained on any other website. Any opinions or recommendations expressed on such other websites are solely those opinions of the independent providers and are not or 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 PRODUCTS, their structures and all the functionalities contained therein, all information, data, texts, images and graphics and all components used in the WEBSITES ("CONTENT") are protected by copyright and other intellectual property rights. YOU acknowledge that P2 owns all right, title and interest in and to the CONTENT and that YOU will not, through the use of the WEBSITE, acquire any rights of your own therein.
7.2. WE own all data arising from OUR operation of the WEBSITES and YOU shall not object to any use of such data by US.
7.3. YOU may print one copy of individual sections of our WEBSITES for YOUR personal use only, provided that no copyright or proprietary notice is removed. The information contained on the WEBSITES and their CONTENT may not be otherwise modified, reproduced (in whole or in part), distributed, transmitted to any other person or entity, incorporated in any document or other material or linked to electronically or otherwise, without the express written permission of P2, except as expressly licensed under these GENERAL TERMS OF USE.
7.4. The licenses for the use of OUR WEBSITES are granted on a non-exclusive, non-transferable, non-sublicensable basis, and the same is revocable at any time in relation to any and all CONTENT provided to YOU for exclusive use in the processing of internal systems. P2 does not grant any other license or authorization on its industrial and intellectual property rights or on any other property or right related to the PRODUCTS and/or the WEBSITES. P2 reserves any and all rights over its trademarks, copyrights, and other intellectual property rights, available on OUR WEBSITES, and its use without OUR express authorization is prohibited, under penalty of civil and criminal offenses.
8. No Warranties
8.1. Although WE have made our best efforts to ensure that the CONTENT of the WEBSITE is reliable, no warranty (explicit or implied) is made as to its currency, accuracy, completeness or impartiality and therefore YOU should, if necessary, obtain independent verification of any of the information contained herein.
8.2. WE (I) do not assume any liability, of any nature and any title, for any CONTENT contained in the WEBSITES, or the PRODUCTS provided or any information provided by or through the WEBSITES, and (II) we do not warrant that the WEBSITE or any PRODUCTS or CONTENT therein will be uninterrupted or error-free, that defects will be corrected or that the WEBSITES, The server on which it is made available, or any system connected to it, is free of viruses or other harmful components.
8.3. YOU acknowledge that YOU must use the WEBSITES, their CONTENT and the PRODUCTS at your own risk, and that the WEBSITES, their CONTENT or the PRODUCTS may contain technical problems or other limitations for which WE assume no responsibility and cannot be held liable 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, their CONTENT and/or PRODUCTS.
9. Responsibilities
9.1. Except in the case of proven willful misconduct, at no time will P2 be liable for (a) loss or damage of any nature that arises as a result of any CONTENT published on the WEBSITES, these GENERAL TERMS, the PRODUCTS 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 it be greater than R$ 1,000.00 (one thousand reais).
9.2. Under no circumstances will 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 content published on the WEBSITES, or these GENERAL TERMS, the PRODUCTS or any information, data, software or service provided through the WEBSITES, even if warned 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 PRODUCTS, or failure to access the WEBSITES or any part of the CONTENT thereof, arising from any cause beyond our reasonable control or that of providers of OUR PRODUCTS.
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 from 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 PRODUCTS, the WEBSITES or any CONTENT thereof.
10. Acceptable Use Policy
10.1. YOU agree not to:
(i) use the WEBSITES, any CONTENT thereof as well as the PRODUCTS for private purposes or personal reasons, but only for YOUR normal business activities, or those of YOUR company, YOUR employer and/or YOUR CLIENT;
(ii) use the WEBSITES, any CONTENT thereof, as well as the PRODUCTS for any unlawful purpose;
(iii) knowingly make available 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 contain viruses, bugs, bugs, bugs, malicious software, malware, corrupted data and/or other harmful items;
(v) interfere with the normal operation of the WEBSITES;
(vi) interfere with other parties' use of and access to the WEBSITES, their CONTENT and PRODUCTS; and
(vii) publish, post, distribute, or disseminate defamatory, infringing, obscene, indecent, or unlawful materials or information through our PRODUCTS or the WEBSITES.
10.2. P2 reserves the right to immediately suspend and/or block YOUR access to the WEBSITES or any PRODUCT, and to remove any information or data that we consider to be a violation of any of these GENERAL TERMS, without prior notice and/or to make such information available when requested by public agencies or by court order.
10.3. P2 works and will make its best efforts to keep the WEBSITES and PRODUCTS up and running, however, all online services are subject to occasional interruptions and stoppages. P2 is not responsible for any interruption or loss that YOU may suffer as a result of such interruptions or stoppages.
11. Privacy
11.1. WE clarify that personal data of visitors to the WEBSITE is not collected or stored when it is not voluntarily provided by the party. Personal data collected through the WEBSITES may include your name, email address, contact information, your IP address and the name of the computer that is accessing it, as well as other data relevant to the use of our PRODUCTS.
11.2. P2 undertakes not to use the personal data provided by visitors to the WEBSITES for marketing purposes, without their prior consent. Please note that such consent is not provided by agreement to these TERMS OF USE.
11.3. The WEBSITES are for general public use and do not collect personal data from anyone under the age of 18 (eighteen) without the consent of parents and/or guardians.
11.4. By accepting these TERMS OF USE, by using the WEBSITES and/or the PRODUCTS, you declare, under penalty of the law, to be 18 (eighteen) years of age or older.
12. Use of the data collected
12.1. YOU, hereby, declare to be aware and expressly authorize P2, during YOUR use of the WEBSITES and PRODUCTS, to collect YOUR data, including through the use of cookies, as indicated in item 13, below.
12.2. The collection and storage of data from visitors to the WEBSITE is intended only for the provision of our PRODUCTS and the practice of the necessary acts resulting from them. P2 may collect additional information to that provided by YOU, such as information relating to your use of the WEBSITES and PRODUCTS, without identifying you as an individual. In addition, we collect some standard information that your browser sends to each website you visit, software and hardware versions, such as your IP address, browser type and language, access times, and referring website addresses. For example, we may use website analytics tools on our websites to extract information from your browser, including your website from which you originated, the search engines and keywords you used to find our website, the pages you displayed within our website. In addition, the data may be used for the purpose of carrying out statistical analyses related to the use 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 on the WEBSITES, you expressly agree to this mode of use. P2 will not transfer YOUR data to third parties, outside any economic group, without your prior and express consent, unless required to do so under the applicable legislation.
13. Cookies
13.1. P2 may use information storage (known as cookies) to enable you to use our website more easily and so that we can keep track of certain statistical data that helps us to improve our websites. OUR cookies do not contain personally identifiable data. Most browsers are initially set up to accept cookies. If you wish, you can instruct your internet browser to prevent cookies from being used and to delete existing cookies. However, please note that the high quality of our WEBSITES and/or PRODUCTS may be reduced as a result. Refer to your browser's help guide 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 must be fully aware that no security system offers full guarantee, so that P2 is not responsible for data leakage, when it is proven that it has occurred in a criminal manner, through the use of technological resources superior to the standards usually acceptable by the industry and that are used by P2.
15. Termination
15.1. P2 retains the right to terminate these TERMS OF USE and your access to the WEBSITES or any PRODUCTS at any time, for any reason, without prior notice.
15.2. YOU have the right to terminate your access to the WEBSITES and all PRODUCTS by sending written notice to P2, except for the existence of specific provisions in the LICENSING AGREEMENT FOR THE USE OF NON-CUSTOMIZABLE COMPUTER PROGRAMS (SAAS) FOR PEOPLE WITH CLOUD COMPUTING ARCHITECTURE, MEMBERSHIP PROPOSAL, COMMERCIAL PROPOSAL, TECHNICAL PROPOSAL, QUOTATION and/or PRE-PROPOSAL entered into between YOU and P2.
16. Governing Law
16.1. These TERMS OF USE and all relationships arising from them are subject to the laws of the Federative Republic of Brazil, and the court of the District of the City of São Paulo, in the state of São Paulo, is elected to settle any controversy arising from this instrument.
17. Notices
17.1. Notices may be given by US or by YOU by email. OUR address for this purpose is: meajuda@phishx.io.
18. General Provisions
18.1. YOU may not assign, sublicense, subcontract, transfer or otherwise dispose of any of YOUR rights and obligations under these TERMS OF USE without our prior consent.
18.2. P2 may assign the AGREEMENT or the rights arising therefrom to any of the companies of the economic group of which it is part or that may be part of in the future.
18.3. Taxes and other tax charges that are due, directly or indirectly, due to the amounts paid or received through this AGREEMENT or due to its execution will be the responsibility of the taxpayer as defined in the tax rule, without the right to refund.
18.4. These TERMS OF USE (together with any specific terms and conditions for specific products, including MEMBERSHIP PROPOSAL, COMMERCIAL PROPOSAL, TECHNICAL PROPOSAL, QUOTE, PRE-PROPOSAL and/or LICENSING AGREEMENT FOR THE USE OF NON-CUSTOMIZABLE COMPUTER PROGRAMS (SAAS) FOR PEOPLE WITH CLOUD COMPUTING ARCHITECTURE, contain the entire agreement between US, regarding the PRODUCTS 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 illegal, invalid or unenforceable in any respect, under the law of any jurisdiction, this shall not affect or impair the legality, validity or enforceability in that or any 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 & Compliance Team