Website Terms and Conditions
Last Updated: February 13, 2023
1.

Acceptance of the Terms and Conditions.

1.1
CyDeploy, Inc. (herein referred to as the “Company,” “we,” “us” or “our”) provides and makes available thisweb site (the “Site”). All use of the Site is subject to the terms and conditions contained in these Website Terms andConditions (this “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using theSite, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do notaccept the terms and conditions of this Agreement, you shall not access, browse or use the Site. You understand andagree that your use of our Cybersecurity Testing Solution (“Company Products”) shall not be governed by thisAgreement, but rather by your company’s or organization’s agreement with the Company covering such Company
Products. However, please note that your access to and use of the Site and any Company Products is also subject tothe Company’s Privacy Policy located at https://cydeploy.com/documents/privacy-policy.pdf.
1.2
You understand and agree that we may change this Agreement at any time without prior notice. You may reada current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site. The revisedterms and conditions will become effective upon user’s acknowledgement of receipt. Any use of the Site after suchdate shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not
acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.
2.

Use of the Site.

2.1
This Site contains material, including but not limited to software, text, graphics and images (collectivelyreferred to as the “Content”). We may own the Content or portions of the Content may be made available to us
through arrangements that we have with third-parties. The Content is protected by United States and foreign
intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and otherlaws. You have no rights in or to the Content, and you will not copy the Content and will only access and use theContent for your personal purposes. You may not sell, transfer, assign, license, sublicense, or modify the Content orreproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way
for any public or commercial purpose. The use or posting of any of the Content on any other web site or computer
network for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or
use the Content and Site shall automatically terminate.
2.2
The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayedon this Site are registered and unregistered trademarks or service marks of the Company. Other company, product,and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party
Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Site or in thisAgreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any
Trademark displayed on this Site without the prior written consent of the Company specific for each such use. TheTrademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’sproducts or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill inthe Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s
prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’sbenefit.
2.3
You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use
any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity
being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software
comprising or making up the Site, (d) delete or alter any material posted on the Site by the Company or any otherperson or entity, or (e) frame or link to any of the materials or information available on the Site.
2.4
The Site contains links to third-party web sites (“External Sites”). These links are provided solely as aconvenience to you and not as an endorsement by us of the content on such External Sites. The content of such
External Sites is developed and provided by others. You should contact a representative of those External Sites if you
have any concerns regarding such links or any content located on such External Sites.

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We are not responsible for the content of any linked External Sites and do not make any representations regarding thecontent or accuracy of any materials on such External Sites. You should take precautions when downloading files fromall web sites to protect your computer from viruses and other destructive programs. If you decide to access any
External Sites, you do so at your own risk.
2.5
Certain elements of the Site are protected by trade dress, trademark, unfair competition, and other state andfederal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the useof framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Agreement. None of the Contentfor this Site may be retransmitted without the express written consent from the Company for each and every instance.
2.6
You may from time to time provide suggestions, comments for enhancements or functionality or otherfeedback (“Feedback”) to us with respect to the Site or Content. We shall have full discretion to determine whether or
not to proceed with the development or implementation of any Feedback. You hereby grants Company a royalty-free,
fully paid up, worldwide, transferable, sublicensable, irrevocable, perpetual license to (a) copy, distribute, transmit,
display, perform, and create derivative works of the Feedback; and (b) use the Feedback and/or any subject matter
thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, havesold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which
practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.
In the event that You intend to upload or access any content or data, You shall evaluate whether the technicaland organizational measures described in our Trust and Compliance Program are sufficient to protect Your data. Youshall not upload, and We are not liable for any damages resulting from any data uploaded to the Site if You determinethat the technical and organizational measures described in our Trust and Compliance Program are insufficient toprotect such data in accordance with applicable laws.
2.7

3.

Limitation of Liability and Disclaimer of Warranties.

3.1
THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY,RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BESUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT ORANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREINOR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVERCAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERRORFREE OR THAT THE SITE,ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION ORDESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FORSERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR
THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANYWARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOTLIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIESRIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.2IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, ORDAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE ORINABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITHRESPECT TO YOU, AND THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATESTEXTENT PERMITTED BY LAW.
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3.4IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 3.1 AND 3.2 ARE INTENDED TO BEONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OFTHESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE
INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE
APPLICABLE SECTIONS.
4.
Indemnification. You agree to defend, indemnify, and hold harmless the Company Parties from and against
any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting
from your breach of this Agreement or your access to, use or misuse of the Content or Site. The Company shallprovide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive
defense and control of any matter which is subject to indemnification under this section. In such case, you agree tocooperate with any reasonable requests assisting the Company’s defense of such matter.
5.

Termination of the Agreement.

5.1
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement andyour access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability.
The Company reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at anytime without prior notice or liability.
5.2
Sections 2 (Use of the Site), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination ofAgreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.
6.

User Must Comply with Applicable Laws.

6.1
This Site is hosted in the United States. We make no claims concerning whether the Content may bedownloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content fromoutside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely
responsible for ensuring compliance with the laws of your specific jurisdiction.
6.2
The United States controls the export of products and information. You expressly agree to comply with such
restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export controllaws. By downloading the Content, you are expressly agreeing that you are not in a country where such export isprohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance withthe laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
7.
U.S. Government Restricted Rights. The Content is provided with “RESTRICTED RIGHTS.” Use,duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR
252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement ofour proprietary rights in the Site and Content.
8.

Miscellaneous.

This Agreement is governed by the internal substantive laws of the State of Delaware, without respect to its conflict oflaws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts
located in the State of Delaware.
If any provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of thisAgreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of
the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver
shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver inany other or subsequent instance. Except as expressly agreed by the Company and you, this Agreement constitutes
the entire Agreement between you and the Company with respect to the subject matter, and supercedes all previous orcontemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The
section headings are provided merely for convenience and shall not be given any legal import. This Agreement will
inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by
you to the Site might be publicly accessible. Important and private information should be protected by you.

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