Terms of Service

These Terms of Service ("Terms") govern your access to and use of the PhishSheriff website at www.phishsheriff.com, the PhishSheriff platform, and the related products, applications and services we make available (together, the "Services"). Please read these Terms carefully. By accessing or using the Services, or by clicking to accept them, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation, and "you" refers to that organisation.

1. Definitions

"Visitor" means any person who accesses the PhishSheriff website without registering for an account.

"Client" means the organisation that subscribes to or purchases the Services under an order form, agreement or online sign-up.

"User" means an individual authorised by a Client to access and use the Services, including a Client's employees, contractors and administrators.

"Customer Data" means the data, content and information submitted to, or processed through, the Services by or on behalf of a Client or its Users.

"Platform" means the PhishSheriff software, dashboards, portals and interfaces through which the Services are delivered.

Terms not defined here have the meaning given in our Privacy Policy.

2. The Services

PhishSheriff provides a security platform for detecting, simulating, reporting and building awareness of phishing and related email and messaging threats. The Services may include phishing-simulation campaigns, threat detection and reporting, user awareness training, analytics and dashboards, and associated support. We may add, modify or discontinue features of the Services from time to time. Where a separate order form or written agreement exists between you and PhishSheriff, that agreement governs the specific scope, plan and commercial terms of your subscription, and these Terms apply in addition to it.

3. Eligibility

You must be at least 18 years of age to register for or use the Services. The Services are intended for business use by organisations and their authorised Users, and are not directed at children. By using the Services you confirm that you meet this requirement and that the information you provide is accurate and complete.

4. Accounts and Registration

To access certain features you must register for an account. You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorised use of your account or any other breach of security. We may refuse, suspend or cancel registration at our discretion where these Terms are not met.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not, and must not permit any User or third party to:

• Use the Services in violation of any applicable law, regulation or third-party right;
• Conduct phishing simulations or send simulated messages to any person or system you are not authorised to test;
• Use the Services to send genuine unsolicited communications, malware, or unlawful, deceptive or harmful content outside the scope of an authorised simulation;
• Attempt to gain unauthorised access to the Services, other accounts, or our systems or networks, or to circumvent any security or authentication measure;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform, except to the extent this restriction is prohibited by law;
• Copy, resell, sublicense, rent or lease the Services, or use them to build a competing product;
• Interfere with or disrupt the integrity or performance of the Services, or introduce any virus, worm or other malicious code; or
• Remove, obscure or alter any proprietary notices in the Services.

We may investigate any suspected violation and cooperate with law-enforcement authorities where appropriate.

6. Customer Data and Privacy

As between the parties, the Client owns all right, title and interest in its Customer Data. You grant PhishSheriff a non-exclusive right to host, process and use Customer Data solely to provide and support the Services, to secure and improve them, and as otherwise permitted in our Privacy Policy.

You are responsible for the Customer Data you provide and for ensuring that you have obtained all consents and provided all notices required for us to process it, including in respect of your own Users and any individuals included in a simulation or campaign. Our collection and use of personal data is described in the Privacy Policy, which forms part of these Terms.

7. Intellectual Property

The Services, the Platform and all related software, content, trademarks, logos and materials are owned by PhishSheriff or its licensors and are protected by intellectual-property laws. Subject to your compliance with these Terms, PhishSheriff grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription. No other rights are granted. If you provide feedback or suggestions about the Services, you grant PhishSheriff a perpetual, royalty-free licence to use that feedback without restriction.

8. Fees, Subscriptions and Payment

Where the Services are provided on a paid basis, you agree to pay the fees set out in the applicable order form or plan. Unless stated otherwise, fees are exclusive of taxes, and you are responsible for all applicable taxes and duties. Fees are non-refundable except as required by law or expressly stated in your agreement. We may suspend the Services for non-payment after giving you notice and a reasonable opportunity to pay.

9. Third-Party Services and Links

The Services may interoperate with, or contain links to, third-party services, integrations or websites that we do not control. Your use of those services is governed by their own terms and privacy policies. PhishSheriff is not responsible for third-party services, and enabling an integration may involve sharing data with that third party at your direction.

10. Confidentiality

Each party may receive information that is confidential to the other. The receiving party will use confidential information only to exercise its rights and perform its obligations under these Terms, and will protect it using at least reasonable care. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, or is required to be disclosed by law.

11. Service Availability, Changes and Support

We work to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. We may perform scheduled or emergency maintenance, and may modify, suspend or discontinue all or part of the Services. Where reasonably practicable, we will give advance notice of changes that materially affect your use. Support is provided in accordance with your plan or agreement.

12. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, PhishSheriff disclaims all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. PhishSheriff does not warrant that the Services will detect or prevent every phishing attempt, threat or security incident, or that they will meet your requirements or be free of vulnerabilities. Security is a shared responsibility, and the Services are one part of your overall security programme.

13. Limitation of Liability

To the maximum extent permitted by law, PhishSheriff and its officers, employees, affiliates and vendors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages. To the maximum extent permitted by law, the total aggregate liability of PhishSheriff arising out of or relating to the Services or these Terms will not exceed the amounts paid by you to PhishSheriff for the Services in the twelve (12) months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify and hold harmless PhishSheriff and its officers, employees, affiliates and vendors from and against any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Services in breach of these Terms, or your violation of any law or third-party right.

15. Term, Suspension and Termination

These Terms apply for as long as you use the Services or hold an account. You may stop using the Services at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or to protect the Services, our Clients or other Users. On termination, your right to use the Services ends. Handling of your data after termination, including deletion, is described in the Privacy Policy. Provisions that by their nature should survive termination will survive.

16. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, civil unrest, government action, failures of telecommunications or internet providers, or power outages.

17. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of India. The courts at Mumbai, Maharashtra shall have exclusive jurisdiction, subject to any mandatory rights you may have under applicable law.

18. Grievance Redressal and Notices

In accordance with the Information Technology Act, 2000 and the rules made thereunder, you may raise any grievance regarding the Services or these Terms by contacting the Grievance Officer named in our Privacy Policy. General notices to PhishSheriff may be sent to technology@phishsheriff.com or to our registered address at 1st Floor, A Wing, Lodha iThink Techno Campus, Pokhran Road No. 2, Off Eastern Express Highway, Thane, Mumbai, Maharashtra.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms on the website and update the effective date, and where appropriate notify you by email or through the Services. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.

20. Miscellaneous

These Terms, together with any order form or agreement and the Privacy Policy, constitute the entire agreement between you and us regarding the Services. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.