Legal Document

Terms and Conditions

CyberSafePath — Operated by Sericod

Effective: December 4, 2024Last Updated: December 4, 2024

1Introduction and Acceptance

These Terms and Conditions ("Terms") govern your access to and use of the CyberSafePath platform ("Service," "Platform") operated by Sericod ("Company," "we," "us," or "our"), accessible at cybersafepath.com.

By creating an account, subscribing to our Service, or otherwise accessing the Platform, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2Service Description

2.1 Platform Purpose

CyberSafePath is a Software-as-a-Service (SaaS) platform that provides:

  • Educational information on cybersecurity and data privacy best practices
  • Industry-standard recommendations and guidance for small and medium-sized businesses (SMBs)
  • Tools to document, track, and demonstrate compliance efforts and security initiatives

2.2 Important Disclaimers

NO LEGAL ADVICE

The information provided through CyberSafePath is for educational and informational purposes only. We do not provide legal, regulatory, or professional compliance advice. The content on our Platform does not constitute legal counsel, and you should consult with qualified legal professionals for advice specific to your situation.

NO GUARANTEE OF RESULTS

Use of our Platform does not guarantee compliance with any law, regulation, or standard. We do not warrant that following our recommendations will result in any particular outcome, certification, or protection from legal liability.

NOT A SUBSTITUTE FOR PROFESSIONAL GUIDANCE

Our educational content and best practice recommendations are general in nature and may not address the specific requirements of your industry, jurisdiction, or circumstances.

3Account Registration and Eligibility

3.1 Enterprise Accounts Only

CyberSafePath is designed exclusively for organizational use. We provide multi-user enterprise accounts only. Individual consumer accounts are not available.

3.2 Account Administrator

When creating an account, you must designate an Account Administrator who will:

  • Manage user access and permissions within your organization
  • Accept these Terms on behalf of the organization
  • Receive billing and legal communications
  • Ensure all authorized users comply with these Terms

3.3 Account Responsibilities

You are responsible for:

  • Providing accurate, current, and complete registration information
  • Maintaining the confidentiality of account credentials
  • All activities that occur under your account
  • Promptly notifying us of any unauthorized access or security breach

4Subscription and Payment Terms

4.1 Subscription Plans

We offer subscription plans on both monthly and annual billing cycles. Plan details, pricing, and features are available on our website and may be updated from time to time.

4.2 Payment Processing

All payments are processed through Polar.sh, our third-party payment processor. By subscribing, you agree to their terms of service and authorize recurring charges according to your selected billing cycle.

4.3 Free Trial

We may offer a free trial period for new subscribers. Trial terms will be communicated at sign-up. Upon trial expiration, your subscription will automatically convert to a paid plan unless cancelled.

4.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. Renewal notices are provided as follows:

  • Monthly subscriptions: At least five (5) days' notice before renewal
  • Annual subscriptions: At least thirty (30) days' notice before renewal

4.5 Price Changes

We reserve the right to modify pricing. Any price changes will:

  • Take effect at the start of your next billing cycle
  • Be communicated at least thirty (30) days in advance
  • Not apply to the current paid term

4.6 Taxes

Prices are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies imposed by governmental authorities.

5Intellectual Property Rights

5.1 Platform Ownership

The Platform, including all content, features, functionality, software, design elements, and documentation, is owned by Sericod and protected by Canadian and international intellectual property laws.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes during your subscription term.

5.3 Restrictions

You may not:

  • Copy, modify, or create derivative works of the Platform or its content
  • Reverse engineer, disassemble, or decompile any software components
  • Remove or alter any proprietary notices or labels
  • Use automated systems to access the Platform without our written consent
  • Sublicense, resell, or redistribute access to the Platform

5.4 Your Content

You retain ownership of any content you submit to the Platform. By submitting content, you grant us a limited license to store, process, and display such content as necessary to provide the Service.

6Acceptable Use

6.1 Permitted Use

You may use the Platform only for lawful purposes consistent with these Terms and in accordance with all applicable laws and regulations.

6.2 Prohibited Conduct

You agree not to:

  • Use the Platform for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to any systems or networks
  • Interfere with or disrupt the integrity or performance of the Platform
  • Transmit malware, viruses, or other malicious code
  • Harass, abuse, or harm other users
  • Misrepresent your identity or affiliation
  • Use the Platform to compete with CyberSafePath

7Limitation of Liability

7.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF INFORMATION.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERICOD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • • Loss of profits, revenue, or business opportunities
  • • Loss of data or data breach consequences
  • • Regulatory fines or penalties
  • • Reputational harm
  • • Cost of substitute services

7.3 Maximum Liability Cap

IN NO EVENT SHALL SERICOD'S TOTAL LIABILITY EXCEED THE PRORATED AMOUNT OF SUBSCRIPTION FEES REMAINING FOR THE UNEXPIRED PORTION OF YOUR CURRENT SUBSCRIPTION TERM.

This cap is calculated as:

  • • Total remaining subscription term value
  • Minus the prorated value of the time during which the Service was already provided
  • • The result represents the maximum aggregate liability for all claims arising under or related to these Terms

7.4 Exceptions

Nothing in these Terms excludes or limits liability for:

  • Death or personal injury caused by gross negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded under applicable law

8Indemnification

You agree to indemnify, defend, and hold harmless Sericod, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Any content you submit to the Platform
  • Your infringement of any third-party rights

9Termination

9.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.

9.2 Termination by Us

We may suspend or terminate your access immediately if:

  • You breach any provision of these Terms
  • You fail to pay subscription fees when due
  • We are required to do so by law
  • We discontinue the Service (with reasonable notice)

9.3 Effect of Termination

Upon termination:

  • Your access to the Platform will cease
  • Your right to use any Platform content terminates
  • We may retain your data in accordance with our Privacy Policy and legal obligations
  • Provisions that by their nature should survive termination will continue in effect

9.4 No Refunds

Subscription fees are non-refundable except as expressly stated in these Terms or required by applicable law. If we terminate your account for breach, no refund will be provided.

10Data Protection

Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Platform, you acknowledge that:

  • We collect and process data necessary to provide the Service
  • We comply with applicable data protection laws including PIPEDA and Quebec's Law 25
  • We do not sell or commercially redistribute your personal data

11Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

11.2 Jurisdiction

Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in the Province of Quebec, Canada. You irrevocably consent to such jurisdiction and venue.

11.3 Informal Resolution

Before initiating formal legal proceedings, you agree to first contact us at privacy@cybersafepath.com to attempt to resolve the dispute informally. We will endeavour to resolve disputes within thirty (30) days of receiving notice.

12General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or subscription agreements, constitute the entire agreement between you and Sericod regarding the Platform.

12.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, acts of government, pandemic, or infrastructure failures.

12.6 Amendments

We may modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least thirty (30) days before taking effect. Continued use after changes become effective constitutes acceptance.

13Contact Information

For questions about these Terms, please contact:

Sericod

privacy@cybersafepath.com

Website: cybersafepath.com

By using CyberSafePath, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.