ATTACKWATCH SUBSCRIPTION TERMS
These subscription terms (the “Agreement”) serve as an agreement between I Plus Cyber Ltd. (the
“Company”) and you (the “User”), and govern your use of the Company’s applicable Services (as defined
below). By clicking that you accept the terms or using the Services, you agree to be bound by this
Agreement. In case you are entering into this agreement on behalf of another legal entity, such other
legal entity shall be considered the User, and you represent that you have the power and authority to
execute this agreement for such entity. This agreement is applicable whether services are accessed
through the Company’s websites (attackwatch.pro, as well as any other website operated by the
Company) or otherwise, and is effective once the User executes an Order with the Company, clicks
“accept” or begins using the Services, the earlier (the “Effective Date”).
1. General
This Agreement governs the use of the online and (if available) mobile Attackwatch application
offered by the Company (the “Application”) which, amongst others (i) displays to Users input
attained from threat intel monitoring and analysis activity and software, and (ii) allows Users to
extract reports and receive alerts with respect to certain cyber-threats (the use and availability of the
Application and any output thereof, collectively, the “Services”). The information displayed by the
Application, and the types of reports and alerts provided by it as part of the Services, shall be as
agreed with the Company from time to time (whether through the Application or otherwise). Subject
to the conditions of this Agreement and the terms of any written Company order executed by the
Company and the User or any reseller on its behalf (an “Order”), if applicable, the Services will be
made available to Users on a subscription basis. It is clarified though, notwithstanding anything
herein to the contrary, that Company shall have sole discretion as to which portions of the Services it
makes available to each distinct User.
2. Grant of License
2.1. Subject to the terms of this Agreement and any applicable Order executed between the parties,
the Company shall grant to User, solely for its internal end-use for the purpose of assessing User’s
own cyber risks, a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during
the applicable Subscription Period (as defined below) alone to access and use the Application (or the
applicable portions/features thereof) and the alerts and reports extracted through the Application’s
intended interfaces, as specified in the Order or as otherwise made available to User by the
Company; provided that reports extracted during the Subscription Period may be used following the
Subscription Agreement as well, but subject to all other terms of this Agreement. Use of the
Application shall be further subject to any use parameters or restrictions specified in the Order or
agreed to or elected by User during the use of the Application (such as the number of permitted
Reports, Authorized Persons, etc.).
2.2. The term for any license to the Application shall commence on the date specified in the
applicable Order or otherwise agreed with Company (inclusive of through the Application), continue
for the ‘subscription period’ specified therein, and thereafter, shall automatically extend and renew
for additional periods, each at the same length of the initial ‘subscription period’ (each, a “Renewal
Period”, and alongside the initial ‘subscription period’ specified in the Order, the “Subscription
Period”). The Subscription Period shall renew each time for the next Renewal Period unless User or
Company notify the other in writing by no later than 30 days prior to the end of the then current
period of the Subscription Period of their wish not to extend the Subscription Period for the next
Renewal Period (a “Non-Renewal Notice”). To the extent Company notifies User of an increase in or
addition of fees for the next Renewal Period no later than 60 days prior to the end of the then
current period of the Subscription Period, such increase shall be deemed accepted by User to the
extent a Non-Renewal Notice is not provided by it by the last date for its provision. The Subscription
Period may also be earlier terminated in accordance with Section 14 of this Agreement.
2.3 Where an Order for a subscription to the Application, or the Application itself, do not specify a
Subscription Period, the Subscription Period shall be as specified by the Company in writing, provided
that in such cases the Company may earlier terminate the Subscription Period at any time by
providing written notice of termination with immediate effect.
3. Registration
3.1. User acknowledges that use of the Services requires registration and a creation of an account for
such User (an “Account”). The registration process may require of User to provide information
regarding (but not limited to) User’s full name, User’s e-mail address and/or other information.
3.2. Each Account cannot be shared or used by more than one User, provided that the Account may
be accessed by up to the number of distinct natural persons within the organization of a User (each
an “Authorized Person”) as specified in the Order, or in the Application, or as agreed with the
Company in writing (such number of Authorized Users to apply throughout the entire use period by
such User, and not at any given time; and provided further that each set of login credentials is to be
used by one Authorized Person).
3.3. Each User is fully liable and responsible for any use or access to the Services through its Account.
Each User represents and warrants that all registration information it and its Authorized Persons
submit is accurate and truthful, and shall update and maintain the accuracy of such information
throughout the Term.
4. Charges and Payment
4.1. User agrees to pay all fees due for the Services (as may be specified in an Order, the Application
or otherwise by the Company). Except as specifically set forth in this Agreement, all payment
obligations are non-cancelable and all payments made are non-refundable. Unless explicitly agreed
otherwise by the Company in writing, all fees and other amounts are payable in the currency
specified by the Company and exclude any applicable taxes. Accordingly, User shall pay any taxes and
charges which apply by law to the User (if any), including sales, usage, excise and value added taxes
(if applicable). Nothing in this Agreement requires either Party to pay income taxes or similar charges
of the other Party. If applicable law requires User to withhold any amount from its payments, User
shall advise Company in advance and in writing and will not withhold amounts until it has provided
Company adequate opportunity to provide certification of exemption or reduction with respect to
such withholding obligations (and User shall act in accordance with such certification). User shall
provide Company with copies of documents related to User's withholding upon Company's request.
Overdue payments shall be subject to a late charge of 1.5% per month.
4.2. Certain portions of the Services may be offered by the Company for free to specific Users, or
generally (or, if explicitly specified in the Order, the license to the Application may be offered on a
free trial basis for the Subscription Periods specified in Section 2.2; absent advance written approval
by the Company, no such free of charge offer shall be deemed to have been made). Notwithstanding
anything herein to the contrary, Company shall have sole discretion to determine which types,
scopes, features or capabilities of the Services are subject to payment of fees; and the Company
reserves the right to make changes in such respect, and subject all or parts of the Services offered for
free to payment of certain fees in the future. Any rates specified by or agreed to with the Company
apply only to the guaranteed Subscription Period (i.e. solely for the engagement period which a User
is committed and may not avoid by a convenience termination or Non-Renewal Notice) therein
alone, and the Company does not guarantee such rates will remain for any other periods (inclusive of
any Renewal Periods).
5. Services Warranty
5.1. The Company undertakes and warrants that during the applicable Subscription Period, the
Application will perform materially in accordance with its applicable written documentation made
publicly available by the Company, and the Company shall make commercially reasonable efforts so
that aside from unavailability caused by a force majeure event or scheduled maintenance, the
Application shall be available on a continuous basis with no more than reasonable periods (in length
and amount) of unavailability (the “Services Warranty”). The Services Warranty shall apply only if the
applicable Services have been utilized in accordance with this Agreement, any applicable Order, and
the Company’s written documentation for the applicable Services (if any).
5.2. In the event of a non-conformance of any applicable Service to the Services Warranty, as User’s
sole remedy for such non-conformance, Company shall use commercially reasonable efforts to
render the non-conforming Service compliant with the Services Warranty at no additional charge to
User, and in the event Company fails to do so within a reasonable time, the User shall be entitled to
terminate the applicable Order subject to Section 14.3 and if the agreement is terminated, receive a
pro-rated refund of the fees pre-paid by User for the corresponding unused portion of any paid
Application Subscription Period (as specified in Section 14.4). Notwithstanding the foregoing, the sole
remedy for a breach by the Company of the Services Warranty to any User making use of Services on
a free of charge basis shall be to terminate this Agreement and its use of the Services in accordance
with Section 14.2 (and no payment whatsoever by the Company shall be due in such case).
6. Users Obligations
Without derogating from any other obligation of the User pursuant to this Agreement, the User is
responsible to: (a) enter and provide accurate details, credentials and addresses in its use of the
Services, and maintain all details, credentials and addresses entered or provided accurate; (b) keep all
credentials and passwords for access of the User’s Account and the Services secure and confidential,
and promptly report any misuse of User’s Account; (c) meet any technical requirements for use of the
Application, including without limitation, the requirements to maintain adequate operating system
and network infrastructure, all as may be specified herein or in the Application’s documentation from
time to time (User acknowledges that the Application may otherwise not be available, or may not
operate properly); and (d) comply with all applicable laws in User’s use of the Services. User shall
promptly notify Company of any breach of this Agreement of which it becomes aware. In the event of
a breach of any User obligation under this Agreement (including without limitation the obligation to
timely pay any fees due), Company shall be entitled to suspend or refuse User’s access to the Services
or any portion thereof, block User’s access to User’s Account and/or terminate the Account, and/or
terminate this Agreement and any or all outstanding Orders in accordance with Section 14.
7. Restrictions
Users are not permitted (and shall not assist or authorize others) to: (a) copy, reproduce, modify,
create derivative works from, or download, all or any portion or deliverable (inclusive without
limitation of any report extracted) of the Services; (b) decompile, reverse engineer or otherwise
attempt to discover any source code from all or any part of the Application; (c) sell, rent, license,
transfer or otherwise commercially exploit or dispose of the Services (inclusive without limitation of
any report extracted); (d) obtain unauthorized access to the Application; (e) use the Services in order
to create or disseminate any viruses, worms, trojan horses or other malicious software; (f) use or
launch any data mining or any similar data gathering and extraction tools, in connection with the
Services; (g) use the Services in any manner that damages, disables, overburdens, or impairs the
Services, Company's systems or servers, or the infrastructure on which the Services operate; (h) use
the Services, or otherwise make available through the Services, any unlawful, harmful, threatening,
defamatory, discriminatory, offensive, obscene, infringing, and/or harassing content; (i) use the
Services in violation of any applicable law; and/or (k) attempt any of the foregoing.
8. User Data
User shall comply with all applicable laws, policies, and regulations relating to personal information
processing of Authorized Persons provided or submitted by User (through the Services or otherwise)
to the Company. Company will process personal data of Authorized Persons, in accordance with its
then applicable privacy policy and agreements. By agreeing to this Agreement, User acknowledges
that it is providing the Company instructions to use such personal data in accordance with such
documents (where Customer wishes to provide alternate instructions as to the type of personal
information processed or nature or purpose of the processing, it should do so in writing and in
advance of agreeing to this Agreement, and Company shall amend such documents with respect to
such User accordingly).
9. Confidentiality
9.1. Each party may be provided with, given access to, or exposed to, Confidential Information of the
other party in connection with this Agreement. “Confidential Information” of a disclosing party shall
mean any information and data which should reasonably be assumed to be of a proprietary or
confidential nature, whether in oral, written, graphic, machine-readable form, or in any other form,
including but not limited to proprietary, technical, development, marketing, sales, pricing, operating,
performance, cost, and business information, supplier information, and all record bearing media
containing or disclosing such information, which is disclosed or made available by the disclosing party
to the receiving party pursuant to this Agreement. Without derogating from the generality of the
foregoing, Confidential Information of the Company shall include all non-public details of the
Services, the results of any performance tests of the Services and any output of the Services
(excluding any User Data reflected in such output), and Confidential Information of the User shall
include any data of User fed by User to the Application (“User Data”).
9.2. Notwithstanding the above, Confidential Information shall not however include any information
that: (a) is or becomes publicly known other than through any act or omission of the receiving party;
(b) was in the receiving party's lawful possession before disclosure by disclosing party, or (c) is
lawfully disclosed to the receiving party by a third party without restriction on disclosure.
9.3. Each party shall hold the other party's Confidential Information in strict confidence, shall not
disclose or make such Confidential Information available to any third party other than as permitted
herein or in the agreements or policies referenced herein, and shall not use such Confidential
Information for any purpose other than for performing its obligations under this Agreement or as
explicitly permitted herein or in the agreements or policies referenced herein. Notwithstanding the
above, either party may disclose Confidential Information of the other party if compelled to do so by
a court or authority of competent jurisdiction, provided it provides the other party, to the extent
legally permissible, reasonable notice of such disclosure and opportunity to attain a protective order
or other remedy.
9.4. Each party shall be entitled to disclose the other party's Confidential Information only to its
officers, directors, employees and consultants (“Representatives”), on a need to know basis,
provided that such Representatives are bound by confidentiality obligations to receiving party at
least as strict as those of this Agreement, and provided further that such party shall be responsible
for and liable to any non-compliance with the requirements of this Agreement by such
Representatives. To avoid doubt this Section shall not be construed to expand the license scope to
the Application or its output as specified in Section 2.
10. Proprietary Rights
10.1. As between the parties, the Company shall be the exclusive owner of, and Company retains all
right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks,
and any other intellectual property rights (whether protectable by any registerable intellectual
property protection or not) in and to, the Application, the Services and any output of the Services,
the technology underlying the foregoing, any improvements, updates, upgrades, error-corrections or
other modifications thereto made available by Company, any documentation of the foregoing made
available by Company, and any derivative work based on any of the foregoing. Except for the limited
licenses and rights expressly granted to User hereunder, this Agreement does not grant User any
rights to Company’s intellectual property (including without limitation in any of the aforementioned
items).
10.2. As between the parties, User shall be the exclusive owner of, and User retains all right, title and
interest, including without limitation all patents, copyrights, trade secrets, trademarks, and any other
intellectual property rights (whether protectable by any registerable intellectual property protection
or not) to the User Data. Without derogating from Section 8, User hereby grants Company a
worldwide, royalty-free, non-exclusive and perpetual license to retain, use and transfer User Data in
aggregated non-identifying form (alongside aggregated non identifying data of other users). Except
for the limited license expressly granted to Company hereunder, this Agreement does not grant
Company any rights to User Data.
10.3. The Company is hereby provided a royalty free, perpetual, worldwide, irrevocable, transferable,
sub-licensable right to use any and all feedback, ideas, or input provided by User with respect to the
Services (whether protectable by any registerable intellectual property protection or not) and all
intellectual property rights therein, for any purpose whatsoever.
11. Third Party Services
11.1. User acknowledges that the Company utilizes certain software, services and infrastructure of
third parties (collectively, “Third Party Services”) in order to make its own Services available,
inclusive without limitation of (i) hosting services for storage of User Data on external servers
controlled by third party hosting providers; and (ii) certain third party cyber threat related
intelligence software and platforms. The continuing availability and access to the Application may be
dependent on the continuing availability to Company of the applicable Third Party Services.
11.2. User further acknowledges that the Services may link to certain websites and applications
which are external to the Services, and that use of any such third-party websites and applications is
subject to and governed by their applicable third-party terms and conditions alone. User also
acknowledges that the Services rely on the transfer of data over communications networks and
facilities, and that the Services may be further subject to limitations, delays and other problems
inherent in the use of such communications network and facilities.
11.3. Company makes no guaranties with respect to Third Party Services, other than that it has the
adequate rights pursuant to the purported license agreements of such Third Party Services to use
same as contemplated hereunder for the provision of the Services. USER ACKNOWLEDGES THAT
COMPANY DOES NOT CONTROL OR OPERATE THE THIRD-PARTY SERVICES, WEBSITES AND
APPLICATIONS, AND THAT COMPANY SHALL HAVE NO LIABILITY WHATSOEVER HEREUNDER, AND
THAT OTHER THAN AS EXPLICITLY SPECIFIED IN THIS SECTION, IT DOES NOT MAKE ANY
REPRESENTATION OR WARRANTIES, WITH RESPECT TO OR IN CONNECTION WITH ANY THIRD PARTY
SERVICES, OR WITH RESEPCT TO ANY WEBSITE OR APPLICATION OF A THIRD PARTY WHICH THE
SERVICES UTILIZE, OR WITH RESPECT TO THIRD PARTY COMMUNICATIONS NETWORKS OR FACILITIES.
12. Disclaimer
12.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ASIDE FROM THE
SERVICES WARRANTY, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND WHATSOEVER; AND ALL EXPRESS AND IMPLIED WARRANTIES IN
CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURE, UNINTERRUPTED OR
ERROR/BUG FREE USE, AVAILABILITY OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
12.2. Without derogating from the generality of the aforementioned, User acknowledges that User
alone is responsible for any management decisions it makes on the basis of the alerts, reports,
recommendations or other output of the Services; and the Company cannot assure that any such
output will fit any particular purpose or assure any particular results. User further understands that
no service can assure the provision of intel with respect to all cyber threats pertaining to its recipient,
and accordingly, Company does not provide any representation or warranty with respect to the
success of the Services, or its ability to provide intel on any number of, or any specific, threats.
13. Limitation of Liability
13.1. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE, WHETHER IN TORT,
CONTRACT, OR ANY OTHER THEORY OF LAW, FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS, LOSS OF BUSINESS, CORRUPTION OF DATA OR INFORMATION, ARISING OUT OF OR
IN ANY WAY CONNECTED TO THIS AGREEMENT AND/OR THE SERVICES.
13.2. IN NO EVENT SHALL THE COMPANY'S AND ITS SUPPLIERS’ TOTAL LIABILITY TO USER, WHETHER
IN CONTRACT, TORT, OR ANY OTHER THEORY OF LAW, FOR ALL CLAIMS ARISING OUT OF OR IN ANY
WAY CONNECTED TO THE SERVICES EXCEED, IN THE AGGREGATE, THE FEES FOR SERVICES PAID TO
COMPANY BY SUCH USER IN THE 12 MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY
IN CONNECTION WITH THE SERVICES. IT IS CLARIFIED, THAT ANY USE BY A USER MAKING FREE OF
CHARGE USE OF THE SERVICES IS AT SUCH USER’S SOLE RISK, AND COMPANY SHALL HAVE NO DIRECT
LIABITLIY TO SUCH USER WHATSOEVER IN CONNECTION WITH SUCH FREE OF CHARGE USE.
13.3. The limitations of this entire Section 13 apply notwithstanding anything to the contrary in this
Agreement, provided that they shall not apply to any damages arising directly from the Company’s
willful misconduct or fraud.
14. Term and Termination
14.1. This Agreement shall commence on the Effective Date and shall continue until terminated in
accordance with this Section 14 (the “Term”). Licenses to access and use the Application shall
continue for their respective Subscription Period (as specified in Section 2.2) unless earlier
terminated in accordance with this Section 14.
14.2. A User may terminate all free of charge Services (paid Subscription Periods or other paid
Services may not be terminated by User for convenience) by deleting its Account or providing written
notice of termination to the Company and then ceasing all use of the Services, in which case the
Agreement (as it pertains to free of charge Services) and any applicable Orders shall terminate
immediately upon deletion or receipt of termination notice by the Company (as applicable).
Company may, in its sole discretion, terminate the Agreement and any outstanding Orders and/or
cease providing the Services or any portion thereof, at any time for convenience or inability to
continue providing the Services with an advance 30 day written notice (or without notice, to the
extent a User is using the Services free of charge).
14.3. Each of the User and the Company may terminate the applicable Services (and any license
Subscription Periods or other Services thereunder) if the other party materially breaches this
Agreement, by providing written notice to the breaching party specifying the breach, such notice to
be effective 14 days of its receipt, provided the breach was not cured within such period (or effective
immediately upon receipt, to the extent termination is by Company due to breach by a User using
the Services free of charge). To avoid doubt, and without limitation, any default on payment of fees
due to the Company shall be considered a material breach.
14.4. Only where termination is by Company for convenience in accordance with Section 14.2 or by
User for a Company material breach in accordance with Section 14.3, the User shall be entitled upon
termination to receive a pro-rated refund of any fees pre-paid by such User for any corresponding
unused portion of a paid Subscription Period. It is clarified, notwithstanding anything to the contrary
herein, that any other event of termination shall not affect User’s obligations to pay for the entirety
of any paid Subscription Period initially contracted for (any Renewal Period to the extent a Non-
Renewal Notice has not been provided by the last date for its provision shall also be considered a
Subscription Periods initially contracted for) and any other paid Services contracted for, as if no early
termination had occurred.
14.5. Upon termination or expiration of this Agreement or the applicable Subscription Period, for any
reason whatsoever, all rights granted to User under this Agreement or any applicable Order with
respect to the Application shall immediately terminate and User shall immediately cease any use of
the Application.
14.6. User acknowledges that following the Subscription Period, the User Data will no longer be
available to User through the Application.
14.7. Any provision that by its nature is intended to survive termination or expiration, including
without limitation Sections 9, and 12-16 of this Agreement, shall survive and not be affected by the
termination of this Agreement (termination of this Agreement shall not affect the entitlement to any
fees or payments due hereunder other than as explicitly specified in Section 14.4).
15. Advertisement; Reference
By approving this Agreement, User also approves receipt from Company of instructional,
advertisement, and promotional materials with respect to the Services through any media. Users may
revoke their consent in the manner specified in each correspondence or by notifying Company of
their revocation at the following e-mail address: contact@ipluscyber.com. Additionally, if User is an
organization, User further consents to Company publicly using the name and logo of User solely in
order to identify User as a customer of Company, in both cases on medias and outlets chosen by the
Company.
16. Miscellaneous
16.1. The headings used in this Agreement are for convenience of reference only and shall not affect
the interpretation or meaning of the terms and provisions of this Agreement.
16.2. This Agreement, any applicable Orders, and any other agreements or policies incorporated in
this Agreement by reference constitute the entire agreement between the parties regarding the use
of the Services, and supersede any previous arrangement, understanding or agreement between the
parties, written or oral, relating thereto. In the event of a contradiction between this Agreement and
an Order, this Agreement shall govern, unless the Order explicitly specifies that the contradicting
term of the Order is intended to govern.
16.3. No modification to this Agreement, nor any waiver of any rights, will be effective unless made
in writing and signed by the applicable party.
16.4. Neither party’s waiver of any breach or default of any provision of this Agreement shall
constitute a waiver of other provisions or any other right hereunder, or a waiver of any subsequent
breach or default.
16.5. Unless expressly provided otherwise herein, all remedies hereunder are cumulative and do not
exclude any other remedies available by law.
16.6. If any provision of this Agreement is found by any court or administrative body of competent
jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and
effect.
16.7. This Agreement does not confer any rights on any third party.
16.8. The parties expressly agree that they are independent contractors; and nothing in this
Agreement is intended to or shall be interpreted to create a partnership or a joint venture between
the parties, or authorise either party to act as agent for the other.
16.9. User shall not, without the prior written consent of the Company, assign this Agreement
and/or any of its rights or obligations hereunder, and any unauthorized assignment shall be null and
void. The Company may, at any time, freely assign, or sub-contract any or all of its rights or
obligations under this Agreement.
16.10. Any disputes or claims arising out of or in connection with this Agreement and/or the Services,
will be governed by and construed in accordance with the laws of the State of Israel, excluding its
conflict of law principles. The parties irrevocably agree that the competent courts located in Tel Aviv,
Israel shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection
with this Agreement and/or the Services. The application of the United Nations Convention on
Contracts for the International Sale of Goods is excluded from this Agreement. Additionally,
application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this
Agreement.
16.11. Any required or permitted notices hereunder must be given in writing (a) if to the Company,
by E-mail to the following address: contact@ipluscyber.com; and (b) if to User by either e-mail to the
e-mail or physical address with which User registered for the Services or which was specified in an
Order or any User address otherwise provided to the Company by User. Notices will be deemed given
within 1 Business Day from the delivery date if sent by E-mail, and within 5 Business Days from the
delivery date if sent by other methods permitted herein.
16.12. Company may change the terms of this Agreement by posting new terms, such terms shall be
effective in respect of each User immediately once posted; provided however that with respect to
any User with a paid Subscription Period or other paid Services, such changes shall not apply to the
then current guaranteed period of such Subscription Period.
Last updated: April 10, 2024.