Terms of Service
END USER LICENSE AGREEMENT FOR CYBERAI EXTENSION
This End User License Agreement (this “Agreement”) is a legally binding agreement. Please read it carefully. By clicking to agree or accept or otherwise indicating your acceptance of this Agreement, or by installing or using the ScamBlox set of Chrome, Firefox or Chromium based Extensions and/or any updates to such software (collectively, the “Software”) provided by CyberAI Corp (“CyberAI”), you agree to the terms of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL OR USE THE SOFTWARE.
1. THIS END USER LICENSE AGREEMENT
This Agreement was last updated on July 22, 2021.
This Agreement is effective between you and CyberAI as of the date you first download, install or use the Software, whichever is earliest. You are responsible for reading and complying with any amended version of this Agreement that is made available by CyberAI via the Software, the Google Chrome Web Store, or that is posted at https://CyberAI.corp/legal
2. THE SOFTWARE
The Software, “Basic” version has certain features that allow users to be updated on social media frauds and scams from several databases. “ScamBLOX Plus” includes the Basic features and also include phishing email for outlook/gmail and identifies known malicious actor URLS. A “Supported Device” is a combination of a device model and relevant operating system software that is/are supported by the Software and accessed by a unique email address per device per browser. Users must login to launch the Software extension within the browser, stay logged in as long as this instance of the browser is the only one in use.
3. SOFTWARE LICENSE
(a) The Software, including software embedded in the Software, is licensed, not sold, to you by CyberAI only under the terms of this Agreement; and CyberAI reserves all rights not expressly granted under this Agreement. Even if CyberAI does not own the media or device on which the Software is downloaded, used, recorded or stored, CyberAI retains ownership of the Software itself.
(b) No rights are granted with respect to Software under, and the Software is not generally licensed or otherwise provided under, any master subscription agreement or other agreement between CyberAI and you, or any CyberAI customer with which you are master subscription agreement is entered into between you, or any CyberAI customer with which you are employed, affiliated or associated, then the terms and conditions of such master subscription agreement will control and govern your use of the Software.
(c) CyberAI may do any of the following at any time, with or without notice or cause, and without any liability to you: (a) change, suspend, or terminate any features or functionality of the Software; (b) impose limits on certain features or functionality of the Software; or (c) terminate this Agreement. Upon any such termination, you shall no longer be permitted to use the Software, and shall delete or destroy all copies of the Software in your possession. Modification, suspension, or termination of the Software or this Agreement shall not entitle you to any refund, credit, or other compensation from CyberAI under this Agreement or any other agreement or from any third party.
PERMITTED LICENSE USES AND RESTRICTIONS
(a) This Agreement allows you to use the Software on one Supported Device and on no other devices. The Software may not be available for all devices.
(b) You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
(c) You may not sell, resell, rent, lease, lend, redistribute, sublicense, or otherwise make the Software available.
(d) With respect to updates to the Software that CyberAI may make available for download, this Agreement allows you to download such Software updates to update or restore the Software on any Supported Device.
(e) The Software is protected by copyright laws and international treaties. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open sourced components included with the Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of this Agreement and of the rights of CyberAI and/or its licensors. If you violate this restriction, you may be subject to prosecution and damages.
(f) You may not use the Software to submit or link to any content that, in CyberAI’s sole discretion:
- Infringes or violates the intellectual property or other rights of any person or entity;
- Intentionally interferes with the operation of the Software or CyberAI’s websites, social media profiles or any other computer network owned or operated by CyberAI;
- Violates anyone’s privacy or publicity rights;
- Breaches any duty of confidentiality that you owe to any person or entity;
- Is vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
- Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; • Contains false or deceptive language or comparative claims regarding CyberAI’s or third parties’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits; or, any content that CyberAI may reject for any reason in its sole discretion. Please remember that you may be submitting or linking to content for the general public, worldwide. Things that do not seem abusive, obscene, or offensive to you might seem so to others.
(g) Without limiting the generality of anything herein, you acknowledge and agree that the Software may collect user or device data for the purposes of providing services or functions that are relevant to use of the Software.
(h) Without limiting the generality of anything herein, you are responsible for complying with applicable laws and government regulations in your use of the Software.
5. TERMS REQUIRED BY GOOGLE INC (“GOOGLE”)
(a) This Agreement constitutes an end user license agreement (EULA) in lieu of any license grant provided by Google to use the Software with Google Chrome or a Supported Device. This Agreement is between you and CyberAI only, and not with Google. CyberAI is solely responsible for the Software.
(b) The Google Chrome Web Store is owned and operated by Google. Your use of the Google Chrome Web Store is governed by a legal agreement between you and Google consisting of the Google Chrome Web Store Terms of Service (found at ttps://ssl.gstatic.com/chrome/webstore/intl/en/gallery_tos.html), and the Google Chrome Terms of Service (found at https://www.google.com/chrome/privacy/eula_text.html). In addition, your use of the Google Chrome Web Store is subject to theGoogle Chrome Web Store Program Policies (found at https://developer.chrome.com/webstore/program_policies).
(c) Google has no obligation to provide any maintenance or support for the Software.
(d) To the maximum extent permitted by applicable law, Google shall have no warranty obligation whatsoever with respect to the Software, and shall not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. CyberAI shall not be required to provide a refund to you under any circumstances.
(e) Google shall not be responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
(f) Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Software or your possession and/or use of the Software infringes a third party’s intellectual property rights.
(g) You represent and warrant that (i) the Software shall not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(i) From time to time, Google Chrome may check with remote servers (hosted by Google or by third parties) for available updates to extensions (including the Software), including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
(j) From time to time, Google may discover an extension that violates Google developer terms or other legal agreements, laws, regulations or policies. Google Chrome will periodically download a list of such extensions from Google’s servers. You agree that Google may remotely disable or remove any such extension from user systems in its sole discretion.
(k) Google may, in its sole discretion at any time and without notice, restrict, interrupt or prevent use of the Software, or delete the Software from your Google devices, or require CyberAI to do any of the foregoing, without entitling you to any refund, credit or other compensation from CyberAI or any third party (including, but not limited to, Google or your network connectivity provider).
(l) Google and its affiliates are third-party beneficiaries of this Agreement, and have the right (and shall be deemed to have accepted the right) to enforce this Agreement against you.
(m) CyberAI, Inc.’s email address is email@example.com.
6. THIRD PARTY COMPONENTS
The Software may include certain third party components. Any applicable terms and/or notices required by CyberAI’s licensors for such components may be disclosed within the Software, on the Google Chrome Web Store, on the CyberAI website, or as otherwise disclosed or made available by CyberAI.
7. USE OF DATA
8. FEES AND PAYMENTS.
You may use the Software as one of two user types defined by the CyberAI: (i) as a Plus User (with access to premium services), or (ii) as a Basic User (with access to some features, but not to premium services). Currently, usage of the Product as a Basic User is free, while usage of the Product as a Plus User requires payment. CyberAI reserves its absolute and unlimited right (i) to change the rights of any particular user type, (ii) to cancel or re-classify any user type, or (iii) to charge fees from any user type for access to the Software, at any time. If, at any time, a fee will be required for services that are now free, advance notice of such fees will be clearly posted on the CyberAI’s website, and an opportunity to cancel the account before such fees are imposed will be given. To enable you access to premium services, CyberAI may collect and store your billing and credit card information with third party payment processors (you will have the option to review, update and modify such information). This information will only be shared with third parties who perform tasks required to complete purchase transactions, such as fulfilling orders and processing credit card payments. You shall pay all fees and charges incurred (including applicable taxes) through your account, at the rates in effect for the billing period in which such fees and charges are incurred.
If you provide or otherwise make available to CyberAI any suggestions, enhancement requests, recommendations, corrections or other feedback (“Feedback”), whether related to the Software or otherwise, then (a) you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place CyberAI under any fiduciary or other obligation; and (b) you hereby grant to CyberAI, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and full sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes or testimonials).
10. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that in connection with your use of the Software, you shall supply truthful and accurate information to CyberAI and shall comply with all applicable laws.
11. DISCLAIMER OF WARRANTY
Neither CyberAI nor its third party providers warrant the Software will perform in accordance with any specifications, documentation, or other standards, perform in an uninterrupted capacity, be error-free or bug-free, provide complete or accurate data, nor do they make any warranties as to the results to be obtained from the use of the Software. Use of the Software and reliance thereon is at your sole risk. Neither CyberAI nor its third party providers shall in any way be liable to you or any other entity or person for their inability to use the Software, or for any inaccuracies, errors, omissions, delays, computer viruses or other infirmity or corruption, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the Software. The Software is provided on an “as is” basis and without warranty or any support or maintenance of any kind. No warranties, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or of any other type is provided hereunder. No oral or written information or advice given by CyberAI or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above disclaimer, exclusions and limitations may not apply to you.
12. LIMITATION OF LIABILITY
CyberAI’s maximum liability arising out of the subject matter of this Agreement is limited to an aggregate amount equal to the amount actually paid by you to CyberAI for use of the Software, if any. IN NO EVENT WILL CYBERAI BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST PROFIT OR LOST DATA, PROCUREMENT OF SUBSTITUTE PRODUCTS, UNAUTHORIZED OR FRAUDULENT USE OF PERSONAL INFORMATION, OR OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, INFIRNGEMENT OR OTHERWISE), EVEN IF CYBERAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH ANY OF THE LIMITATIONS OF LIABILITY HEREIN IS INVALID, YOU AGREE TO BE BOUND BY THE LIMITATIONS TO THE MAXIMUM EXTENT PERMITTED BY SUCH JURISDICTION. The parties acknowledge that this is a reasonable allocation of risk.
13. GOVERNING LAW
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and the Federal Laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute relating to this Agreement and/or your use of the Software resides in the courts in the City of Toronto, Ontario, Canada; and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Notwithstanding the foregoing, CyberAI may seek injunctive relief in any court of competent jurisdiction.
This Agreement, including any terms incorporated in this Agreement, is the entire agreement between you and CyberAI relating to its subject matter, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, relating to that subject matter; provided that nothing in this Agreement will limit your obligations to CyberAI or any of its affiliates, or limit the rights of CyberAI or any of its affiliates, under any other agreement between CyberAI or any of its affiliates and (a) you or (b) any customer of CyberAI or any of its affiliates with which you are employed, affiliated or associated. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law and/or not enforceable, that provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. You may not assign or transfer any of your rights or obligations under this Agreement, whether by operation of law or otherwise. CyberAI may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction. CyberAI’s waiver of any breach under this Agreement will not be considered a waiver of any earlier or later breach. No failure or delay by CyberAI in exercising any right under this Agreement will constitute a waiver of that right. Titles and headings of sections of this Agreement are for convenience only and will not affect the construction of any provision of this Agreement. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” CyberAI will not be responsible for any delay in fulfilling or failure to fulfill any obligation due to any cause beyond its control. Each affiliate of CyberAI is an express third-party beneficiary under this Agreement.