Terms of Service

Last modified: Monday 28th June 2021

1. Preamble

These Terms of Service govern your access to and use of PhishTool's products and services, and any intellectual property owned by PhishTool, including any information, graphics, images, files, video, audio, text, documents, designs or any other materials appearing in our communications or in our products or services, or downloaded from our website or services. 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 applications, websites, services and products produced and provided by PhishTool. 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.

Whether you are a member of the public, an unregistered user, registered user, industry partner, affiliate or organisation (collectively, the “community”) using our services, through analysis and/or submission of files or through using any aspect of our services, you agree and consent to these Terms of Service including terms that limit our liability or affect your legal rights, the terms and declarations in our Privacy Policy (which explains how we may collect, process and/or share your information, including personal information), and any additional terms specific to your particular use of our services which form part of your agreement with us.

If you are using our services on behalf of an organisation, you represent to us that you have the requisite permission and authority to bind the organisation to these Terms of Service, and that organisation accepts these Terms of Service.

2. Restrictions on your use of our services

You understand and agree that you may not:

• Use or attempt to use our services in a manner that may breach any applicable local, national or international law or regulation;

• Use or attempt to use our services in a manner which might infringe or limit the rights or interests of PhishTool Limited, our users, the community or any other party;

• Copy, reproduce, imitate, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way, any material, information, technologies, features or functionalities from our services that are owned, produced, developed or provided by PhishTool Limited;

• Transfer or convey any rights granted to you under our Terms of Service or any other agreement made between you and PhishTool Limited;

• Use or attempt to use our services for any activity that might constitute an unlawful or illegal act, or any activity that might contribute to an unlawful or illegal act, as defined by any relevant local, national or international law, legislation or regulation;

• Use or attempt to use our services for any activity that could expose PhishTool Limited, our users, the community or any other party to harm;

• Engage in any activity or action that could overload, damage, harm, impede or diminish the normal functioning of our services;

• Obtain or attempt to obtain any files stored, processed or provided by our services, except as specifically permitted by our services;

• Obtain or attempt to obtain any information or content stored, processed or provided by our services, except as specifically permitted by our services;

• Access or attempt to access, or use or attempt to use our services for any purpose other than to defend against or assist in the defence against phishing emails;

• Gain or attempt to gain unauthorised access to any system, server, database or computer used by our services or connected to our services;

• Attack or attempt to attack our services via a Denial of Service (DOS) or Distributed Denial of Service (DDOS) attack;

• Submit to our services any file, or any other data file that are restricted by sanctions, regulations or treaties;

• Submit to our services any file, or any other data file that you are not the original owner of, or do not have all the necessary rights and permissions to use, access and submit;

• Submit to our services any file or any other data file other than in accordance with the ‘Submission guidelines' contained within these Terms of Service.

3. Submission guidelines

To the extent you elect to submit any file to our services, you confirm that all content within the file complies with our Terms of Service and our Privacy Policy. You confirm that you are either the original owner of the file you submit or that you have the necessary rights and permissions to irrevocably submit the the file to our services and for all information and data contained within the file, both personal and otherwise as-well as all contained data to be processed and stored by our services and systems.

You understand and confirm that any submitted file may be processed, stored and used by us for the following reasons:

• To provide analysis of the file to the submitting user, and other users authorised to have access to that file;

• To archive the analysis generated by us, and store the submitted file to keep the file available to download by the submitting user, relevant organisation and other relevant authorised users;

• To produce metrics for the submitting user, relevant organisation and other relevant authorised users;

• To further analyse the file to generate useful information for the benefit of our users in order to better identify evidence of phishing in other submitted files;

• To develop new features and functionality in our services and to improve our services;

• To develop new services and products;

• To understand how our users use our services by identifying what files users are submitting;

• To test our services;

• To compile collections of indicators of phishing, which may be shared among our users and other authorised parties;

• To identify patterns in collections of indicators of phishing, which may be shared among our users;

• To identify attempts to interfere or damage our services and to investigate successful interference or damage to our services.

You understand and confirm that while you retain ownership rights of the original material contained within the file, when your submit a copy of the file to our services, you give us a worldwide, royalty free, irrevocable and transferable license to use, host, store, copy, reproduce, alter, modify, create derivative works, communicate, transmit and distribute the file and all relevant content contained within the file that constitutes an indicator, evidence and/or artifact of phishing related activity.

YOU AGREE THAT YOU WILL NOT KNOWINGLY SUBMIT ANY FILE TO OUR SERVICE THAT CONTAINS CONFIDENTIAL OR COMMERCIALLY SENSITIVE INFORMATION OR DATA, OR PERSONAL INFORMATION OR DATA OF ANY INDIVIDUAL WITHOUT LAWFUL PERMISSION AND/OR ALL NECESSARY RIGHTS.

IF YOU DO NOT WISH FOR A FILE TO BE PROCESSED AND STORED IN THE MANNER SET OUT IN THESE TERMS OF SERVICE OR IN OUR PRIVACY POLICY, DO NOT SUBMIT THE FILE TO OUR SERVICES.

4. Our rights

All rights, title and interest in and of our services are and will remain the exclusive property of PhishTool Limited. Nothing in these Terms of Service, 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 our Terms of Service, 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 these 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.

Although we retain absolute discretion to remove or delete files, content or users from our services, we are committed to providing our services to our users and organisations. Therefore, in general, users, content or files will not be removed from our services, unless there is cause for us to believe that the user, content or file violates these Terms of Service or poses a risk to PhishTool Limited, our services, our users or some other third party.

No part of our rights will nullify your ability to delete your PhishTool user account at any time, or your ability to delete any file that you submit to our services, at any time. Both of these actions can be completed automatically via the PhishTool user interface. The deletion of a file will not remove, nullify or restrict the license granted to us by you at the time the file was submitted to our services. The file and/or artifacts of the file may be integrated in to other PhishTool datasets after the file has been submitted, but before it is deleted; Deletion of the file will not remove the file and/or artifacts of the file from these additional datasets.

We reserve the right to implement limits on your use of our services at our discretion, at any time without prior notice to you. In general, we would only implement limits on your use of our services when it is in the interests of PhishTool Limited, our services or our users.

5. Changes to our services

We strive to constantly improve our services, therefore the form and functionality of our services may change from time to time without prior notice to you. Any changes to our services including new functionality and features are subject to the Terms of Service, Privacy Policy and any other user agreements in effect at that time.

6. Disclaimers

YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK.

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PHISHTOOL LIMITED DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE UNINTERRUPTED, ERROR-FREE, AT ANY PARTICULAR TIME OR LOCATION OR WITHOUT DEFECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Our services may contain links to third-party websites or resources outside of our control. These links to third-party websites or resources may be embedded in our services or arise as a result of being contained within a file that has been submitted to our services. By the nature of our services, it is possible that these third-party websites or resources may contain malware or further malicious links leading to malware which may be harmful to your computer, systems and/or networks. You acknowledge sole responsibility for and assume all risk arising from accessing any third-party website or resources made available to you through our services.

We will not be liable for any loss or damage caused by malware or any other harmful material due to your access to our services or due to you accessing any third-party websites, resources or content made available to you through the use of our services.

PHISHTOOL LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY WEBSITES, PRODUCTS OR CONTENT MADE AVAILABLE THROUGH OUR SERVICES AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Except as may be required by law and as set forth in our Privacy Policy, you further understand and agree that PhishTool Limited holds no responsibility or liability for the removal or deletion of, or the failure to store or transmit, any file, content, material, or communications processed and/or maintained by our services.

7. Limitation of liability

PHISHTOOL LIMITED AND IT'S DIRECTORS, SECRETARIES, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND RELATED TO THE IMPROPER AND/OR UNLAWFUL USE OF OUR SERVICES.

PHISHTOOL LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, SYSTEM DAMAGE OR FAILURE, CIVIL OR CRIMINAL FINES, SANCTIONS OR PUNISHMENT, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS, FINANCIAL LOSS, LOSS OF INFORMATION OR DATA, OR ANY OTHER LOSS, RESULTING FROM:

• YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE OUR SERVICES;

• ANY ACTION OF ANY THIRD PARTY, OR ANY CONTENT OR INFORMATION ORIGINATING FROM ANY THIRD PARTY.

• ANY CONTENT OR INFORMATION OBTAINED FROM OUR SERVICES;

• UNAUTHORISED ACCESS, USE OR MODIFICATION OF YOUR TRANSMISSIONS, FILES OR CONTENT.

8. About these Terms of Service

We may update these Terms of Service from time to time without notice. Any changes made without notification will not represent a material change to these Terms of Service, 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 our Terms of Service, we will take steps to notify our users. The current version of our Terms of Service will be publicly available on our website. By continuing to use our services after any changes come into effect, you agree to be bound by the revised Terms of Service.

In the event that any right or provision stated in these Terms of Service is held to be invalid or unenforceable, the remaining rights and provisions stated in these Terms of Service will remain in full force and effect.

The failure of PhishTool Limited to enforce any right or provision stated in these Terms of Service will not be deemed to nullify or waiver such right or provision.

These Terms of Service, our Privacy Policy and any other agreement you make with us, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with our Terms of Service, Privacy Policy or any other agreement you make with us.

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

If any provision of these Terms of Service (or part of any provision) is found to conflict with any provision (or part of any provision) of a subsequent agreement made between you and PhishTool, then the provision or part-provision contained in the subsequent agreement shall take precedence, and the validity and enforceability of the other provisions of these Terms of Service shall not be affected.

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