CyberOne by Surance Program
Last updated: July 2021
We reserve the right to update and change these Terms from time to time by providing you notice of such changes by posting them on the Site, so please check this page frequently for updates and changes. In the installation or download of the Software and/or the App you may be required to approve these Terms.
By using our Services in any manner, you agree to be bound by these Terms, and any and all other terms, policies or procedures, each as amended and published on the Site and/or the App from time to time in accordance with Section 12.3. If you do not agree with any of the Terms of contained herein, do not access or use our Services. As long as you do not cease using our Services, you will be conclusively deemed to have accepted these Terms.
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. PLEASE ALSO READ OUR PRIVACY STATEMENT, WHICH CAN BE FOUND AT [To be Completed], WHICH DESCRIBES HOW SURANCE COLLECTS, USES, DISCLOSES, AND OTHERWISE PROCESSES YOUR [PERSONAL INFORMATION / PERSONAL DATA]. YOU MAY ONLY USE SURANCE SERVICES ON OR IN CONNECTION WITH LOCAL NETWORKS WHICH YOU OWN OR CONTROL.
1. Products and Services Description
Our Services provide a digital platform that offers monitoring, prevention and protection for household systems and networks. In connection with the provision of its Services, Surance also collaborates with cyber insurance services and provides other tools, products and services.
2.1. In order to access certain features of the Site or the App, such as installation or download of the Software and/or the App, you must first register and create an account. Upon registering for an account, you will receive an account designation and will be asked to provide a valid email address and choose a password.
2.2. You must keep your account credentials is strict confidence. You may not share your account credentials with any other person or third party. You further agree not to use the credentials of any other person or User, and not to allow any other person to use your credentials, without our prior approval in writing.
2.3. Please notify us immediately if you suspect any unauthorized use of, or access to, your account. You are solely responsible for any and all use of your account, including informs and obtain members of User's who get access to your household systems and networks, which may be processing and transfer of personal data.
2.4. Users who installed the App and/or use the Services in conjunction with services provided by Insurance Providers, may be subject to additional terms, obligations and policies, as provided by the Insurance Providers. Surance does not determine or control the policies of third parties, including the Insurance Providers, and shall have no liability in connection with such policies or services (see Section 5 below).
3. Cyber Attacks, Malware and other risks
3.1. While we do our best to ensure that the Software and Services will detect and address cyber threats, we cannot and do not guarantee that the Software and Services will be able to prevent, stop, mitigate or detect all cyber-attacks, threats and malware or prevent or mitigate any loss or damage related to cyber-attacks or any insurance incident. The Services are not supposed and should not be considered as a substitute for any other reasonable cyber security measures such as the use of antivirus, firewall, VPN etc. Surance is not responsible for the accuracy of any results or reports provided in connection with the Services. You shall have no claim towards Surance in connection with failure to prevent, stop, mitigate or detect all cyber-attacks, threats and malware.
3.2. In addition, you should be aware that using the Site, App, Services and Software may be associated with other risks, inherent to the use of such software components and programs in connection with your home networks, your devices, and your online accounts (such as your email and social media accounts), including risks related to additional traffic, network conjunction, use of bandwidth etc.
3.3. Please note that Surance and the Insurance Providers operate as separate entities, each providing its services and products to users. Surance does not provide any services related to insurance policies, and is not liable for any actions or defaults by Insurance Providers or damages associated with such actions/defaults.
3.4. The Services include information regarding cyber security, including information on how to respond to and mitigate cyber threats and cyber incidents, and other content. Surance specifically disclaims any warranty, representation, condition, or other term with respect to such content, with respect to the Services’ ability to eliminate or remediate any specific cyber security threats or incidents, and with respect to the completeness of the protection offered by the Services or the content on or available through the Services, including the reports provided under the Services. You are solely responsible for the files, software, and other data on your devices and in your online accounts and for backing up your data.
4.1. Subject to your acceptance of and full compliance with these Terms, Surance hereby grants you one (1) non-exclusive, non-assignable, non-transferable, revocable, limited, fee-bearing license to install, access and use the Software for your personal, non-commercial use only.
4.2. In order to make any commercial use of the Services you shall be required to purchase a subscription plan, as set forth (i) in our Site or such other location as Surance may designate from time to time; or (ii) in a written agreement or quote between you and Surance.
4.3. The Software is licensed to you “as is” under the terms herein. You hereby acknowledge that the Software and its accompanying documentation are the exclusive property of Surance and that title to the above shall at all times remain with Surance. You further acknowledge that you have no rights in the Software except those expressly authorized by these Terms.
4.4. You may not use the Software in whole or in part for any purpose except as expressly provided under these Terms. Any unauthorized use of the Site, Software or the App without Surance’s prior written consent, is expressly prohibited.
5. Third Party Services.
5.1. The Services allow you to access services provided by third parties (including your Insurance Provider) and some of the functionality of the Services is provided by third parties (collectively, "Third Party Services"). You use any Third Party Services at your own risk. You are responsible for all fees and taxes that may be charged for the use of Third Party Services. Surance makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. Surance does not guarantee the continued availability of Third Party Services, and Surance may disable a Third Party Service in Surance's sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, Surance expressly disclaims responsibility and liability for all Third Party Services, and you agree that Surance shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.
6. User Guidelines
6.1. In connection with your use of any of the Services, and without limiting any of the other obligations under these Terms or applicable law, you agree as follows:
6.1.1.Not to upload, post, distribute, communicate, transmit or otherwise make available any content that comprises or includes any disrupt discussions with repetitive messages or any other forms of commercial or harassing communications, or that comprises or includes any malware, including worms or viruses or any code of a destructive nature.
6.1.2.Not to interfere with or disrupt the Services or servers or networks connected to the Site, App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site, Software, App and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services.
6.2. Surance, in order to provide you the Services through the Site and the App may monitor, collect and process data, as a renewable activity, from all your networked devices such as: TV systems, any kind of computers, phones, smart speakers, smart appliances such as smart refrigerators, etc. Therefore, any users that use your networked devices or who connect to your network should be aware of your use of the Services.
6.3. You hereby further agree not to: (i) disrupt, disable, overburden, impair, attack, check or test the vulnerability of, or otherwise interfere with, the Software or the Services, (ii) breach or cause the failure of any of the security related means thereof; (iii) attempt to decompile, disassemble, re-engineer or reverse engineer any of the Software or otherwise create or attempt to create or permit, allow, or assist others to extract source code of the Software, or its structural framework; (iv) resell, transfer, sublicense, pledge, lease, rent, or share your rights under these Terms; (v) modify, enhance, update, reproduce, duplicate or copy all or any part of the Software.
7. Privacy and Data Use
You acknowledge that the Services will collect information about any network where you use the Services and all your devices and all devices of users of the network, including the network’s IP address, the network’s name, the network’s configuration, your location and the network’s location, open services on the network, device identifiers, device types, and device configuration. You represent that you have the authority and have obtained all necessary consents from others who use the network or who may have their information collected and processed by the Services in connection with your use of the Services, in each case as required under applicable laws to enable such information to be transferred, collected, used, stored, or otherwise processed by Surance in connection with the provision of the Services. Any personal data which Surance collects or otherwise processes via or in connection with the Services is subject to the Surance Privacy Notice located at https://www.surance.io/privacy-statement-ca, including the personal information of others.
The Services may be branded by your Insurance Provider or another organization and may be provided to you in connection with services provided to you by your Insurance Provider or another organization.[ When you use the Services, you may also interact with others, such as https://www.surance.io/privacy-statement-ca. The Surance Privacy Statement only describes how Surance collects, uses and discloses your personal information. To understand how your insurer or others collect, use and disclose your personal information, you must review their privacy statements.
7.3. You shall inform each user of any network where you use the Services of the nature of the Services and as required to fulfil your obligations set out in Section 6.1.
8. Intellectual Property
8.1. Certain content and information provided on and through the Services, including, without limitation, the Surance logo, trademark, graphics, design, information, text, images, data, software, code, algorithms, and other materials displayed, made available, or presented on the Site, App or Services (collectively, “Surance Content”) are the sole property (including intellectual property) of Surance, and may not be used without express written permission from us.
8.2. Surance retains all rights, including any intellectual property rights in the Surance Content. You may not duplicate, copy, or reuse any portion of the Surance Content, without express written permission from the Company.
USER ACKNOWLEDGES AND AGREES THAT THE SITE, SOFTWARE, APP, THE SERVICES AND THE SURANCE CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SURANCE DISCLAIMS ALL WARRANTIES, CONDITIONS, AND ANY OTHER TERMS EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, APP, SERVICES (AND THEIR CONTENT, INFORMATION, SOFTWARE), INCLUDING ANY IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. SURANCE DOES NOT GUARANTEE OR WARRANT THAT THE SITE, SOFTWARE, APP, AND SERVICES ARE ABLE TO BLOCK OR PREVENT ALL CYBER ATTACKS. IF APPLICABLE LAW DOES NOT ALLOW SOME OR ALL OF THE EXCLUSIONS AND DISCLAIMERS SET OUT ABOVE, THEN SUCH DISCLAIMERS AND EXCLUSIONS WILL ONLY APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SURANCE SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM AS TO THE SERVICES’ ABILITY TO ELIMINATE OR REMEDIATE ANY SPECIFIC CYBER SECURITY THREATS OR INCIDENTS AND THE COMPLETENESS OF THE PROTECTION OFFERED BY THE SERVICES.
10. Limitations on Liability and Remedies
10.1. SURANCE AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS (COLLECTIVELY, “SURANCE GROUP”) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES, OR ANY DAMAGE OR LOSS TO OR OF, PROFITS, DATA, GOODWILL, OR ARISING FROM OR RELATING TO YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITE, APP AND/OR SERVICES, OR OUR PROVISION THEREOF.
10.2. THE SURANCE GROUPS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SURANCE OR ANY CLAIM IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE, SOFTWARE, APP AND SERVICES) IS TO DISCONTINUE YOUR USE OF THE SITE, SOFTWARE, APP AND THE SERVICES AND FOR SURANCE TO REFUND YOU ANY AMOUNT YOU HAVE PREPAID FOR UNUSED SERVICES.
10.3. THESE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW; REGARDLESS OF WHETHER ANY MEMBER OR PARTY IN THE SURANCE GROUP HAD BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF; AND REGARDLESS OF THE LEGAL OR THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SURANCE LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10.4. IN CASE YOU HAVE ENGAGED WITH AN INSURANCE PROVIDER FOR THE PROVISION OF INSURANCE SERVICES IN CONNECTION WITH SURANCE'S SOFTWARE AND SERVICES, PLEASE NOTE THAT SURANCE WILL NOT BE LIABLE IN ANY WAY FOR ANY WARRANTIES OR OBLIGATIONS IMPOSED ON THE INSURANCE PROVIDER UNDER YOUR AGREEMENT WITH THE INSURANCE PROVIDER, AND SURANCE SHALL NOT BE REQUIRED TO PERFORM ANY OF THE INSURANCE PROVIDER'S RESPONSIBILITIES UNDER SUCH AGREEMENT.
10.5. YOU ACKNOWLEDGE AND AGREE THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, SURANCE WOULD NOT BE ABLE TO OFFER THE SITE, SOFTWARE, APP OR THE SERVICES.
11. Mobile Text Messages
11.1. As part of our Services, you agree that we may send you SMS/MMS mobile messages (collectively referred to as “Messages”) as follows: We will send you a confirmation or welcome Message once after you sign up. In addition, we may send Messages on a monthly basis or in cases of Cyber events or attacks. We may also send additional Messages when needed for instance in order to verify your identity.
11.2. Please be aware that Message and data rates may apply from your mobile carrier. We do not have any control over these rates, nor are we responsible for any other obligations you may have to your mobile carrier in connection with your receipt or sending of text messages.
11.3. Please be aware that the information in any Message may be subject to certain time lags and/or delays, and this may cause information in Messages to be outdated or inaccurate. We or any mobile carriers do not guarantee that Messages are available across all carriers, and we and such carriers not liable for delayed or undelivered Messages.
11.4. To stop receiving Messages, text STOP, to the number from which you received the last Message.
12. Customer Service.
We take pride in assisting customers of our products and services. For customer service, please contact us at: email@example.com or call us at +1 (204) 410-7507.
13.1. Beta. You understand and acknowledge that the App and Services are currently in their testing stage, and are made available as a “Public Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available.
13.2. Entire Agreement. These Terms comprise the entire agreement between you and Surance relating to the Site, App and/or Services. We may change the terms of these Terms at any time, so please review this page regularly.
13.3. Amendment. The “last updated” date at the beginning of these Terms indicates when these Terms were last amended. Surance may amend all or any part of these Terms at any time by updating these Terms on the Site, App, or elsewhere on the Services. Surance will provide you with notice of the proposed amendments by posting an amended version of these Terms to the Site with a new version date and may also notify you by other means. The amendments will take effect 30 days after the date on which the amended version is posted to the Site. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Services within the 30-day notice period. There will be no cost or penalty for doing so. If you continue to access or use any of the Services after the 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities
13.4. Provision of Services. Surance reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Site, App or any part thereof.
13.5. No Guarantee. Surance does not guarantee continuous, uninterrupted access to the Site or the App, and operation of the Site, App and/or Services may be interfered with by numerous factors outside the Surance control.
13.6. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
13.7. No Agency. You and Surance are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
13.8. Assignment. You may not assign these Terms, but we may do so without restriction, including, without limitation, to an acquirer of all or substantially all of our assets, to an affiliate or to a successor in interest in connection with a merger, consolidation or reorganization of Surance. Any assignment in violation of this Section 11.7 shall be null and void.
13.9. Choice of Law. The Site, Software, App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of New York (excluding choice or conflicts of laws rules or principles). You agree that all such disputes shall be brought exclusively in the competent courts of New York, USA. Notwithstanding the above, we may seek preliminary or interim relief in any court of competent jurisdiction worldwide.
13.10. Notices. Users may give notices to us by email to firstname.lastname@example.org subject to receiving written confirmation of receipt of such email.