Effective as of December 1st, 2021.
This Terms of Service document (the “Agreement”) is a legal agreement made between the individual or organization (“you”, “User” or “Customer”) using the Services provided by “Lokot” owned by PhishAR Ltd (“us”, “we”, “our”, “Lokot”, or “PhishAR”).
By accepting this Agreement or using the services, you represent and warrant that you are of legal age, and have the authority to bind the User to the Agreement and applicable Privacy Policy.
We may modify this Agreement from time to time by providing you notification of material changes at least thirty (30) days in advance of the changes becoming effective, except in the case of changes in law or telecommunications providers that does not allow for thirty (30) days’ notice.
The updated Agreement will be effective as of the latest Effective Date specified in the Agreement and will supersede all prior versions. Continuing to use the Services constitutes your acceptance of any changes to this Agreement.
As of the Effective Date, Lokot provides the following:
Subject to the terms of this Agreement, PhishAR grants Users a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services which are made available to Users.
PhishAR reserves the right to modify Services at any time. Modifications to the Service/s fall into one of two categories.
You have the right to cancel your Service if we make a material modification to the Services or Service Level Agreement.
You may provide Feedback regarding Lokot at any time by emailing us at lokot@phishar.com.
Feedback includes, but is not limited to, identifying potential errors, improvements, modifications, bug fixes, and enhancements.
You grant PhishAR, at no charge, an exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, make derivate work from, and otherwise exploit the Feedback without restriction.
You agree that in order to provide you the Services we must collect and store certain personal information about you. By entering into this Agreement and by using the Services, you grant us consent to use and store such personal information.
We will never SMS or Phone Call to ask you for any of your personal detail. Please refer to our Privacy Policy to understand what personal information we may collect.
You may use our Services to asses any legal online websites or activities.
We guarantee an Uptime for Services of 99.00% on an annual basis. Uptime means that a User is able to generate second-factor authentication tokens without receiving a system error message. We will monitor the performance and availability of the our service on a continuous, 24/7 basis.
Uptime does not include:
Access to additional Website Details is not covered by the Uptime guarantee due to the nature of Websites and (in)ability to access additional Website Details for certain Websites.
As of the Effective Date of this Agreement, PhishAR provides Users access to all Services free of charge. For this reason, you will not receive any monetary or other credit if we do not meet our Uptime guarantee and your only recourse is the right to cancel your Account or discontinue your use of our Services.
As of the Effective Date of this Agreement, PhishAR is able to update the software supporting the Services without interruption to Users. However, if we need to interrupt Users’ access to Services in order to complete maintenance, we will inform all Users, via email, of the scheduled maintenance at least one (1) week in advance, unless under circumstances in that we are unable to foresee.
As of the Effective Date of this Agreement, all Lokot Services are provided to Users at no cost.
If you cancel your Account, we will delete all data associated with it, including Personal data and Device data. In addition, if we cancel your Account for any reason specified in this Agreement, we will delete all data associated with it, including personal data and Device data. Once deleted, such data cannot be recovered.
We will notify you at least seven (7) days in advance of any changes to the Fee at which point you may choose to continue to use our Services at the new price or cancel your Account.
Lokot may make “Beta Versions” of new or improved Services available to you at no Fee. You may use Beta Versions at your discretion and at your own risk. Beta Versions may contain errors, bugs, and other defects and are provided without support of any kind. No guarantees defined in the Agreement apply to Beta Versions. We may request your Feedback about Beta Versions and all Feedback received from fall under Article 7 of the Agreement.
Each Party agrees to comply with all laws, rules, and regulations applicable to our Services and to this Agreement. Applicable laws include, but are not limited to, import/export, privacy, and data protection laws and regulations.
PhishAR will, in accordance with applicable laws, cooperate with local, state, and government authorities with respect to our Services. We retain the right to immediately cancel any Service, delete any Account, terminate the Agreement for your non-compliance with applicable laws.
You agree to defend, indemnify, and hold harmless PhishAR, our future affiliates and their respective members, managers, shareholders, officers, directors, employees, agents, vendors, customers, indemnitees, representatives, successors, licensees and assigns, and each of them, from and against any and all claims, actions, demands, damages, losses, costs and expenses, including reasonable attorney’s fees and disbursements, charges, penalties, judgments, and interest sustained or which any of them may sustain arising out of, resulting from or relating to any material breach or alleged breach of any representation, warranty, obligation, or agreement made by you in this Agreement including, without limitation, any breach or alleged breach by you with respect to third party intellectual property, third party privacy, interference with third party or other User data, and non-permitted uses.
We will provide you with prompt notification of any claim and cooperate with you in the defense of the claim. You will have full control over the defense and settlement of the claim, except to the extent that: (i) the settlement requires PhishAR to admit liability ; and (ii) we may join in the defense at our own expense with our own counsel.
We do not warrant that your use of our Services will be timely, uninterrupted, or error free. In addition, we do not warrant that our Services will operate in combination with any specific hardware, software, system, or data. You use our Services at your own risk. No warranties are expressed or implied except as set forth herein. All other warranties, including warranties of merchantability and fitness for a particular purpose, are expressly excluded from this warranty.
Your sole and exclusive remedy for any cause of action arising out of any defective software or breach of this Agreement is limited to your ability to cancel the Service.
Under no circumstances will we be liable for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise.
If your jurisdiction does not allow such limitations, the permissible limitations shall apply.
Neither you nor we will be liable to each other for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise.
If you believe that our Services have been used in a way that constitutes copyright infringement, please notify us at lokot@phishar.com. We will review the notification and reply accordingly in no longer than fourteen (14) days upon receiving the email.
In case of a breach of our system, we will post a notification on our website and notify Users via email if provided to us. If you believe that there has been a breach of your data, please notify us at lokot@phishar.com with a description of the incident.
This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement. No agreements, understandings, restrictions, representations, or warranties exist between or among the Parties other than those found in this Agreement. We may update the Agreement from time to time and the current version will be dated accordingly. The latest version of the Agreement is publicly accessible on our website. Your continued use of our Services constitutes your acceptance of the latest version of the Agreement.
Any provision of this Agreement that imposes upon Users or PhishAR an obligation after termination or expiration of this Agreement shall survive termination or expiration of this Agreement and be binding upon the Parties.
If you enter into this Agreement on behalf of a company, organization, or other non-individual person entity, you warrant that you have the authority to bind and represent such entity to this Agreement.
No waiver by us of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
If any term or provision of this Agreement is held to be void or unenforceable, that term or provision will be severed from this Agreement, the balance of the Agreement will survive, and the balance of the Agreement will be reasonably construed to carry out the intent of the Parties as evidenced by the terms of this Agreement.
You agree that any controversy, claim, or dispute arising out of or relating to this Agreement will be governed, construed and interpreted in accordance with the laws of the United Kingdom.