Before diving into the legal details, here's what you should know:
This summary doesn't replace the full terms below, which govern our relationship.
Last updated: March 10, 2025
THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between WIM SECURITY GMBH, a limited liability company organized under the laws of Germany operating the CyberWyz productized service ("CyberWyz") and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of CyberWyz's website: https://www.cyberwyz.com/ (the "Website") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client's use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and CyberWyz shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay CyberWyz for services rendered shall remain and continue to be an ongoing obligation owed by Client to CyberWyz.
Unless otherwise indicated, the Website is the property of CyberWyz and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the "Content") and the trademarks, service marks, and logos contained there (the "Marks") are owned and controlled by CyberWyz and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Germany, the European Union, foreign jurisdictions and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without CyberWyz's express prior written permission. CyberWyz reserves all rights in the Website, Content and Marks.
Notwithstanding CyberWyz's ownership of Submissions, as described in Paragraph 6 ("Client Feedback"), all security reports, compliance documentation, and deliverables created on Client's behalf ("Deliverables") belong to Client, and Client shall be the sole owner of the content of all Deliverables. In the event that any operation of law would cause CyberWyz to become the owner of a Deliverable, in whole or in part, rather than Client, CyberWyz irrevocably and perpetually assigns its entire interest in the Deliverable to Client, without limitation.
Client warrants that any and all materials provided to CyberWyz as examples or as material to be incorporated into a Deliverable during the security assessment process are owned by Client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. CyberWyz always reserves the right to share anonymized and non-confidential information about the Client's work publicly (social media, website, etc.) unless agreed upon as stated in section 19 of this document.
In the event that any Deliverable incorporates third-party security tools, software or services that are not owned by CyberWyz and require a commercial license in order for Client to legally use or implement the recommendations in the Deliverable ("Third-Party Tools"), CyberWyz will inform Client in writing that one or more Third-Party Tools have been recommended in the Deliverable and that Client will need to purchase one or more licenses for the Third-Party Tools from the rights-holder(s) of said Third-Party Tools in order to legally implement the security recommendations. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.
So long as CyberWyz has informed Client of the incorporation of Third-Party Tools as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Tools recommended in a Deliverable.
By using the Website, Client represents and warrants that:
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by CyberWyz on behalf of the Client. Further, Client agrees to refrain from the following:
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a "Submission") shall be the sole property of CyberWyz and CyberWyz is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. CyberWyz shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 ("Ownership of Materials"), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against CyberWyz for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
CyberWyz reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. CyberWyz further reserves the right to restrict or deny access to the Website or disable the Client's use of the Website. Such decision shall be in the sole discretion of CyberWyz, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of CyberWyz and shall be designed to protect CyberWyz's rights and property.
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the European Union. Access of the Website from outside the EU may result in the applicability of laws, statutes or regulations differing from those of the European Union which govern personal data collection, use or disclosure. Client's continued use of the Website and transfer of data to the European Union constitutes express consent of Client to the transfer and processing of data in the European Union. CyberWyz does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the GDPR and applicable data protection laws, upon the receipt of actual knowledge that an individual under the age of 16 has provided personally identifiable information to CyberWyz without parental consent, CyberWyz shall delete that information as soon as reasonably practical.
Client may cancel or pause their subscription plan at any time through their account settings or by contacting CyberWyz directly. When pausing a subscription, billing will be suspended but the Client's account and access to previously delivered materials will remain intact. When canceling, the subscription will terminate at the end of the current billing cycle without automatic renewal. No refunds will be provided under any circumstances, including for the remainder of any billing cycle upon cancellation.
CyberWyz reserves the right to pause or cancel Client's subscription at its discretion and without liability to Client. Reasons for such actions may include but are not limited to: CyberWyz staff unavailability or scheduled time off, Client misuse of services, Client communication delays affecting service delivery, or violation of these Terms of Use. CyberWyz will provide reasonable notice when possible before pausing or canceling a Client's subscription.
CyberWyz utilizes Stripe as its payment processor. By subscribing to CyberWyz services, Client agrees to Stripe's terms of service for payment processing. Client's payment information is stored and processed by Stripe in accordance with Stripe's security policies and procedures. CyberWyz does not store complete credit card information on its servers. All payment disputes must be submitted to CyberWyz first before initiating a chargeback through Stripe or a credit card company.
CyberWyz reserves the right to take appropriate legal actions against Client for breach of this paragraph.
CyberWyz reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. CyberWyz reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
CyberWyz does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond CyberWyz's control. Client agrees that CyberWyz shall not be liable to Client for any loss, damage or inconvenience caused by Client's inability to access or use the Website during any interruption in the connection or service.
These Terms of Use shall be governed by and construed in accordance with the laws of Germany without regard to conflict of law principles.
Any legal action of whatever nature shall be brought in the appropriate courts of Berlin, Germany. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client's sole risk. CyberWyz disclaims all warranties, express or implied, in connection with the Website and Client's use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. CyberWyz makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and CyberWyz assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of CyberWyz's secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. CyberWyz does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
CyberWyz is committed to providing high-quality cybersecurity services and stands behind the quality of our work. However, under no circumstances or conditions whatsoever can CyberWyz, WIM Security GmbH, or any of its directors, employees, members, independent contractors or agents be held responsible or liable for any consequences, damages, or losses arising from the advice, consultation, or services we provide. Client acknowledges that cybersecurity is inherently complex and rapidly evolving, and that complete security cannot be guaranteed by any service provider.
CyberWyz and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising from Client's use of the Website or services provided by CyberWyz.
Client agrees to defend, indemnify and hold harmless, CyberWyz and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client's representations and warranties set forth herein; (4) Client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, CyberWyz reserves the right, at Client's expense, to assume control and defense of any matter for which Client shall be required to indemnify CyberWyz hereunder. Client agrees to cooperate with the defense of such claims.
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. CyberWyz shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against CyberWyz from any such loss or corruption.
Client acknowledges that the security recommendations, assessments, and solutions provided by CyberWyz represent best practices at the time they are delivered. Due to the rapidly evolving nature of cybersecurity threats, CyberWyz cannot guarantee that following these recommendations will prevent all security breaches or incidents. Implementation of recommendations is at Client's discretion and responsibility, and Client assumes all risks associated with implementation or non-implementation of any security recommendations provided by CyberWyz.
CyberWyz utilizes the usequeue.com platform ("Queue"), a third-party service, to collaborate with clients. All client accounts, Kanban board management, file sharing, and communications related to service delivery will occur via the Queue platform. Client expressly acknowledges and agrees that:
Client is responsible for maintaining access to their Queue account and timely responses to communications through the platform.
Client hereby consents to receive electronic communications from CyberWyz and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by CyberWyz or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
CyberWyz reserves the right to share non-confidential information about security work on digital channels including social media, website, etc. unless otherwise agreed upon. CyberWyz will not disclose specific vulnerabilities, security findings, or other sensitive information without explicit written permission. The Client reserves the right to issue an NDA between themselves and CyberWyz, which in turn would void the right of CyberWyz to share or discuss Client's work publicly.
CyberWyz acknowledges that in the course of providing cybersecurity services, it may have access to confidential and sensitive information belonging to the Client. CyberWyz agrees to maintain the confidentiality of such information and not to disclose it to any third party without the Client's express written consent, except as required by law or court order. CyberWyz will implement reasonable security measures to protect Client's confidential information from unauthorized access or disclosure.
CyberWyz will provide its services in accordance with applicable laws and regulations relating to cybersecurity, data protection, and privacy. However, Client acknowledges that compliance with such laws and regulations is ultimately the Client's responsibility, and CyberWyz's services are designed to assist, not replace, the Client's compliance obligations.
Referral tracking and payouts are handled through our third-party partner referral system integrated with our Stripe payment processing.
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and CyberWyz. Failure of CyberWyz to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and CyberWyz.
For any questions or complaints regarding the Website or services, please contact CyberWyz at: [email protected].
© CyberWyz is Proudly Owned by WIM Security GmbH