Terms of Service

Last Updated: June 26, 2017

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Beauceron website or Beauceron Platform (the "Service") operated by Beauceron Security, Inc. ( "Beauceron", "us", "we", or "our"). 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our website and / or our service. 

By accessing or using our website or Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the website or Service.

The terms of this agreement are superseded only with a Corporate Subscription License Agreement or any other executed agreement between Beauceron and you. Contact your Beauceron Account Manager or your Beauceron Authorized Partner representative to review or execute any such agreements. 


Your privacy is important to us. Please review our Privacy Policy (the "Privacy Policy") as it describes what kind of data we collect from you and your devices, how we use your data, how long we keep your data and how we protect it. Where processing is based on consent and to the extent permitted by law, by agreeing to these terms, you consent to Beauceron's collection, use and disclosure of your data as described in the Privacy Policy.  

Your privacy


You may use the Service only for your internal usage for the following:

  • Measure, monitor and manage cyber risk as assessed by the Service using the Service's user surveys, self-assessments, education and quizzes as well external threat information gathered by the Service. 
     
  • Deliver and engage in training via included course modules, third-party modules you license through other providers or modules you build using the course builder tool. 
     
  • Conduct simulated social engineering attacks against only your organization or your clients who have given you authorization, using the built-in simulated phishing e-mails or text messages or custom e-mails you build. 

You will not:

  • Sublicense the Service
     
  • Conduct unauthorized social engineering simulations against any individual or organization
     
  • Connect to third party systems using an unlicensed or unsupported application programming interface (API)
     
  • Use the service to break any laws

Permitted Use


Customer support requests can be sent to support@beauceronsecurity.com. Support e-mails will be answered Monday-Friday, 9 a.m. to 5 p.m. Atlantic.  Target for first response is 24 hours. For clients who have a Maintenance and Support Agreement with Beauceron or an authorized partner, support will be provided in accordance with those agreements. 

Beauceron, at its sole discretion, will release feature upgrades, bug fixes and other enhancements on a monthly basis. New features may be included in existing licenses or be subject to additional fees and terms at Beauceron's sole discretion. 

Maintainence and Support


The Service is provided "as is". Beauceron specifically disclaims any implied warranties of merchantability and fitness for a particular purpose.  Beauceron does not warrant that use of the Service will be uninterrupted or error free.

Warranty


Except for fraud, gross negligence or wilful misconduct, in no event shall either your or Beauceron's liability to the other for all claims in the aggregate arising out of the use of this service, of this agreement in contract, tort or under any other theory of law or liability, exceed the lesser of the aggregate of all amounts paid by you to Beauceron or an Authorized Partner or $100,000 CAD.  

Limitation of Liablity


Beauceron maintains all rights to all of its applicable intellectual property rights including but not limited to copyright, patent, trade secret, know-how and other confidential information provided through the Service or its associated documentation. 

You own the copyright to any and all content you create in the Beauceron platform such as but not limited to custom courses, user messages, phishes and text message simulations. You may choose to share or license your content to Beauceron and its partners at your discretion. 

Third-parties own the rights to any third-party content you or Beauceron make available in the platform. 

INtellectual Property


These Terms shall be governed and construed in accordance with the laws of the Province of New Brunswick in the country of Canada, without regard to its conflict of law provisions. 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Unless there is an executed Corporate Subscription License Agreement or any other executed agreement in place between us and you, these terms constitute the entire agreement regarding our service. In situations where there is a Corporate Subscription License Agreement or any other executed agreement, those terms will supersede these terms of service.

Governing Law


This agreement is in force upon access of our services, whether for demonstration, trial, proof of concept or full deployment. 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or for failure to pay. 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Term and Termination

 


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Change log:

June 26, 2018: Revised Terms of Service:

General: Clarified that these terms are only superseded with a Corporate Subscription License Agreement and / or a Maintenance and Support Agreement between Beauceron and you or any other executed agreement between Beauceron and you. 

Permitted Use - new section clarifying purpose and license

Maintenance and Support -  new section

Limitation of Liability - new section

Communications - Removed, now covered in Privacy Policy

Governing Law - Clarified that the Terms of Service constitutes the entire agreement in place unless a Corporate Subscription License Agreement or any other executed agreement between Beauceron and you is in place, in which case those agreements supersede these terms.

Changes -  Added Change Log 

Privacy Policy - Expanded and linked as separate policy

Links to Third-Party content - moved to the Privacy Policy

Cybersecurity - Now covered in Privacy Policy, Security section

January 2017: Initial Terms of Service