These Terms of Service ("Terms") govern your access to and use of the Cyfriq platform, websites, applications, APIs and related services (collectively, the "Services") operated by Cyfriq ("we", "our" or "us"). By accessing the Services you agree to be bound by these Terms.
Cyfriq provides a cloud-native Enterprise Security Intelligence Platform covering Data Loss Prevention (DLP), Identity and Access Management (IAM), Identity Provider (IdP), Single Sign-On (SSO) and User & Entity Behaviour Analytics (UEBA). The scope of your entitlement is defined in your Order Form and any applicable Statement of Work.
We may modify, add to or remove features of the Services over time. We will not materially degrade the core functionality you are paying for during an active subscription term. Material additions that require additional fees will only apply if you expressly order them.
You are responsible for all activity under your account, including the acts of your Authorised Users. You agree to:
Customer Data you submit to the Services remains your property. Cyfriq processes Customer Data as your Data Processor (or equivalent role) solely to provide the Services, in accordance with our Data Processing Agreement and our Privacy Policy. Our processing of personal data of Indian data principals is subject to the Digital Personal Data Protection Act 2023 ("DPDP Act") and, where applicable, the EU General Data Protection Regulation.
Use of the Services is subject to our Acceptable Use Policy. You agree not to use the Services to violate applicable law, infringe the rights of others, send spam, introduce malware, or attempt to defeat the security or integrity of the Services.
You will pay the fees set out in your Order Form. Fees are quoted exclusive of GST, VAT, withholding and similar taxes, which you are responsible for.
Unless otherwise agreed, fees are billed annually in advance. Invoices are due within 30 days. Overdue amounts may bear interest at 1.5% per month (or the maximum lawful rate, whichever is lower).
We may adjust list pricing with at least 60 days' notice before a renewal term. Your committed subscription term is not affected by interim list-price changes.
Our target monthly uptime is 99.99% for the production data plane. Support tier, response times and service credits are defined in your Order Form and accompanying SLA schedule. Public status at status.cyfriq.com.
Each party will protect the other's Confidential Information with no less than reasonable care. Cyfriq will not use Customer Data to train any third-party machine-learning model without your explicit consent.
Cyfriq owns and retains all rights in the Services, including software, algorithms and documentation. You retain all rights in Customer Data. You grant Cyfriq a limited licence to use Customer Data solely to provide the Services. Feedback you provide may be used by Cyfriq without obligation, provided we do not identify you as its source.
Cyfriq warrants that the Services will perform materially in accordance with their published documentation. EXCEPT AS EXPRESSLY SET OUT HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND CYFRIQ DISCLAIMS ALL OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
EXCEPT FOR (a) EACH PARTY'S INDEMNIFICATION OBLIGATIONS, (b) BREACH OF CONFIDENTIALITY AND (c) YOUR PAYMENT OBLIGATIONS, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, AND EACH PARTY'S AGGREGATE LIABILITY WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.
Cyfriq will defend you against third-party claims that the Services as provided infringe that party's intellectual property rights, and pay damages finally awarded. You will defend Cyfriq against claims arising from your unlawful use of the Services or breach of these Terms.
Your subscription term is set out in the Order Form. Either party may terminate for material breach on 30 days' notice if not cured. On termination, Cyfriq will provide a 60-day export window for Customer Data, after which data will be cryptographically erased and a certificate of deletion supplied.
These Terms are governed by the laws of India. Courts at Chennai, Tamil Nadu have exclusive jurisdiction, subject to each party's right to seek equitable relief in any court of competent jurisdiction.
Entire agreement. These Terms, the Order Form, the DPA and referenced policies constitute the entire agreement between the parties.
Assignment. Neither party may assign without the other's consent, except to an affiliate or in a merger, acquisition or sale of substantially all assets.
Notices. Notices to Cyfriq must be sent to legal@cyfriq.com with a copy to the registered office in Chennai. Notices to Customer may be sent to the billing contact on the Order Form.
Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control.
Severability. If any provision is held unenforceable, the remainder continues in effect.
Questions about these Terms? Email legal@cyfriq.com.