Proof of Value Agreement

Last modified: Saturday 21st March 2020

1. Preamble

This Proof of Value agreement sets forth the terms and conditions by which you may use PhishTool’s for the purposes of proof of value trial period. By explicitly accepting or through executing click-through acceptance or by using PhishTool services, you agree to all the terms and conditions of this agreement.

Any reference to “user” or “users”, “you” or “your” refers to you as a user of PhishTool’s services. Any reference to “we”, “us”, “our” or “PhishTool” refers to PhishTool Limited, a Limited Company registered in England and Wales with company number: 12126730, registered office address: PhishTool Limited, International House, 36-38 Cornhill, London, EC3V 3NG, United Kingdom. Any reference to “service” or “services” refers to the pre-release versions of applications, websites, services and products produced and provided by PhishTool. Any reference to “trial period” refers to a pre-determined trial period not exceeding 6 months. Any reference to “organisation” or “organisations” refers to any company, business, trader, charity, public service, non-governmental organisation, club or group. Any reference to “file” or “files” refers to a digital file that is or contains one or more emails, or the contents of an email in whole or in part, as well as all included attachments or other data within the email.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PARTICIPATING IN A PHISHTOOL TRIAL. BY ACCESSING OR USING PHISHTOOL SERVICES, YOU ACCEPT AND AGREE TO OUR PRIVACY POLICY, TERMS OF SERVICE AND THIS AGREEMENT. IF YOU DO NOT WISH FOR YOUR INFORMATION TO BE COLLECTED AND USED IN THE WAYS DESCRIBED IN OUR PRIVACY POLICY OR DO NOT ACCEPT AND AGREE TO THE TERMS OUTLINED IN OUR TERMS OF SERVICE OR THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE PHISHTOOL PRODUCTS OR SERVICES.

2. Provision of our services

This agreement constitutes a non-exclusive license for you, to use and test the services of PhishTool.

We shall provide you with temporary access to our services by means of an invitation URL, which you can use to create a PhishTool account. You shall access, use and test our services in accordance with the conditions specified within this agreement. You will have access to our services, free of charge, for the length of the trial period. We retain the right to extend or reduce the trial period outside of the period of time stated in this agreement. We retain the right to end the trial period and/or end your access to our services at any time, without notification.

You may not continue to use our services beyond the trial period unless you:

• Obtain an extension beyond the trial period from us.

• Purchase access to our services.

• Are a member of an organisation that chooses to give you access to our services, after the organisation has purchased access to our services.

3. The parameters of the trial period

You acknowledge that our services are provided to you for trial purposes only. All rights, title and interest in and of our services are and will remain the exclusive property of PhishTool Limited. Nothing in this agreement, our Terms of Service, our Privacy Policy or other user agreement should be construed as conferring by implication of otherwise any license or right under any copyright, patent, trademark, intellectual property or proprietary interest belonging to PhishTool Limited.

Nothing in this agreement, our Terms of Service, our Privacy Policy or other user agreement gives you the right to use PhishTool Limited’s trademarks, designs, logos, domain names or any brand features.

Any files, feedback, comments, messages, suggestions, feature requests or advice you submit or provide to us regarding PhishTool Limited and/or our services are entirely voluntary. We are free to use any feedback, comments, messages, suggestions, feature requests or advice as we see fit, without any debt or obligation to you.

We reserve the right to monitor the use of our services to detect and prevent unlawful activity or violations of this agreement or our Terms of Service. We retain absolute discretion to remove or delete files, content or users from our services at any time for any reason and without notice.

4. Confidentiality

You acknowledge that our services are proprietary to PhishTool Limited. You acknowledge that our services are to be used by you only in accordance with this agreement. You will not disclose any information about our services to anyone without our express prior consent, other than with other PhishTool users that have also agreed to our policies, or with PhishTool employees, owners, directors or staff.

5. Warranty status

PhishTool Limited gives no warranties, representations, conditions, undertakings or other obligations, whether express or implied by common law, trade usage, course of dealing or otherwise including any implied warranties of satisfactory quality or fitness for a particular purpose or any warranty that our services will be error-free or that such errors will be corrected are given, all of which are hereby excluded to the fullest extent permitted by law. Our services are provided 'AS IS' and in no event will PhishTool Limited be liable to you for any loss or damage of any kind arising from your use or inability to use our services, or from faults or defects in our services, whether caused by negligence or otherwise. PhishTool Limited shall not be liable for any direct, indirect, special, incidental or consequential damages, whether in contract, tort or otherwise, arising out of any use of our services.

6. About this agreement

We may update this agreement from time to time without notice. Any changes made without notification will not represent a material change to this agreement, such as the correction of a grammatical error or the addition of explanatory detail to an existing declaration. Where there is a material change to this agreement, we will take steps to notify you. The current version of our agreement will be publicly available on our website. By continuing to use PhishTool services after any changes come into effect you agree to be bound by the revised agreement.

Any dispute or claim (including non-contractual disputes or claims) arising from or in connection with this agreement, our Privacy Policy, our Terms of Service or any other relevant agreement you make with us, shall be governed by, and in accordance with the legal processes, laws and traditions of England. The courts of England and where necessary the courts of the United Kingdom of Great Britain and Northern Ireland, will have jurisdiction over any claim or dispute arising from, or in connection with our services.

We retain the right to bring proceedings against you for a breach of this agreement or any other relevant agreement you make with us, in your country of residence or any other relevant country or jurisdiction.

If you are unsure as to whether your use of our services is in compliance with this agreement, or have any questions about any aspect of our services please contact us using the form on our contact page.