Cyberware Terms of Service

(i) Bulhack LTD with registered office Hazdhi Dimiat 14, Elin Pelin, and registered number (VAT) BG206948918; and

(ii) The Customer as identified in the Order (“Customer”)

I. BACKGROUND

1. Cyberware has developed certain vulnerability scanner software products which it makes available to customers on a SaaS basis, to enable the Customer to find cybersecurity weaknesses in their digital infrastructure.

2. The Customer wishes to take a 7-Day Free Trial of Cyberware’s services for its internal business purposes.

3. Cyberware has agreed to provide, and the Customer has agreed to take a 7-Day Free Trial of Cyberware’s services, subject to the terms and conditions of this Agreement.

II. DEFINITIONS

1. Agreement refers to these terms and conditions, together with the Order, any schedules, annexes, and all other documents referenced herein.

2. Confidential Information means the terms of this Agreement and, in relation to either Party, all information of any kind or format that is not publicly known or is proprietary (whether in whole or in part, or due to its unique composition), including but not limited to business, financial, marketing, or technical data, records, plans, strategies, forecasts, tax documents, communications, designs, diagrams, manuals, specifications, customer, sales or supplier details, technical or commercial expertise, software, formulas, processes, methods, proprietary knowledge, know-how, and trade secrets, regardless of whether such information is disclosed orally, in writing, or electronically, and whether disclosed before or after the Effective Date.

3. Customer User denotes any individual employed by, representing, or contracted by the Customer, including agents, contractors, or consultants, who utilizes the Services on the Customer’s behalf.

4. Effective Date is the date on which Cyberware accepts the Order.

5. End Customers are those individuals or entities who are the ultimate recipients of the Customer’s services and for whom the Customer may access or use the Services.

6. Cyberware Portal refers to the online interface (which Cyberware may update periodically) that allows the Customer and its Users to administer their Target Systems and review identified security Weaknesses.

7. Order means the specific request for Services as confirmed by Cyberware through the applicable registration or sign-up process.

8. Party or Parties refers to either Cyberware, the Customer, or both, depending on the context.

9. Platform means the Cyberware software environment, including the Cyberware Portal, through which the Services are delivered, and includes all versions, updates, enhancements, and any other tools, methodologies, models, intellectual property, code, features, or related components owned or developed by Cyberware.

10. Platform Data refers to all usage, statistical, or other information, insights, or know-how derived from the use of the Platform by customers and users, provided such data is anonymized and aggregated, and does not contain information that could identify any Customer individually.

11. Services are the offerings to be provided by Cyberware under this Agreement as part of the Trial.

12. Service Specification means the description of the Services available at getcyberware.com/services, as may be updated or revised by Cyberware from time to time to reflect system or technology changes, improvements, or enhancements.

13. Target System designates a specific computer system identified by an IP address, hostname, or another unique identifier. If a single system is tracked through multiple identifiers, each listing in the Cyberware Portal is considered a separate Target System.

14. Term means the duration of the 7-Day free Trial.

15. Trial refers to the 7-Day Free Trial period offered by Cyberware.

16. Weakness means any specific configuration, software update status, or application deployment that is considered, or can be shown, to pose a risk to the security of a Target System or the data it stores, processes, or transmits.

III. CYBERWARE SERVICE

1. Subject to Cyberware’s acceptance of the applicable order and the Customer’s adherence to the Trial Test provisions and all terms of this Agreement, Cyberware will deliver the Services to the Customer.

2. The 7-day trial period is offered at no cost. However, if you are required to supply payment card information for verification or any other reason, you will be automatically subscribed to a full, paid annual plan at the conclusion of the trial, unless you inform us otherwise. This plan will be governed by Bulhack’s complete Terms and Conditions, and you consent to automatic billing at the start of the paid plan and upon each annual renewal, until you provide notice to cancel.

3. During the trial period, the Customer may:
(i) Utilize the Services internally for its own business operations involving its designated target systems;
(ii) Use the Services for trial activities related to its own end customers by integrating those customers’ systems with the target systems.

4. For clarity, the Customer is not permitted to allow its end customers direct access to the Services or the Platform. The Customer must always act on behalf of its end customers when using the Services. The Customer is responsible for ensuring that only its authorized employees, agents, or consultants may access and use the Service. Only such individuals may be designated as Customer Users.

5. The Customer is accountable for all access to and use of the Service that occurs via the Customer’s account or through the login credentials of its Users, as authorized by the Customer.

6. If the provision of Services requires the Contracting Authority to process personal data on the Customer’s behalf, both parties agree to comply with the Data Processing Agreement, available at the provided link.

IV. CUSTOMER SYSTEMS AND RESPONSIBILITIES

1. The Customer shall fulfill all obligations assigned to them under this Agreement and acknowledges that Cyberware’s ability to deliver the Service depends on the Customer meeting these obligations.

2. The Customer grants Cyberware the right to access its systems and networks (including, without limitation, the designated systems and any associated applications or data) as necessary for compliance with the Cyber Security Act (as amended, replaced, or updated from time to time), and confirms that it is, and will remain throughout the term of this Agreement, duly authorized to provide such access.

3. The Customer warrants that, at all times during the term of this Agreement, it possesses and will maintain all required permissions, consents, and authorizations from the relevant owners or licensors of its systems and networks (including, but not limited to, the designated systems) to enable Cyberware to deliver the Services.

4. Where the Customer utilizes the Service outside of Bulgaria, the Customer assumes sole responsibility for ensuring that such use complies with any applicable laws or regulations in the relevant jurisdiction or territory.

4. The Customer shall not, nor permit any third party to:
(i) Attempt to download, duplicate, alter, create derivative works from, frame, mirror, republish, or distribute any component of the Platform except as expressly permitted by this Agreement;
(ii) Attempt to copy, adapt, decompile, disassemble, reverse engineer, or otherwise translate any part of the Platform into a human-readable format, except where such actions are expressly permitted by law and cannot be contractually excluded;
(iii) Use any information or expertise obtained through use of the Platform or Services to develop a competing software product;
(iv) Resell, sublicense, or otherwise make the Platform or Services available to third parties for the purpose of providing services.

V. SECURITY AND DISCLAIMERS

1. The Customer understands and agrees that, in order to deliver the Services, the Provider will employ penetration testing methods on the designated systems as outlined in the Service Specification, with the aim of detecting potential vulnerabilities. The Customer further acknowledges that the execution of these Services may temporarily increase network bandwidth consumption and/or processing demand on the Target System during testing. The Provider shall not be held responsible for any issues arising from the Customer’s own network bandwidth or processing limitations.

2. Notwithstanding the above, Cyberware guarantees that neither it nor the Services will introduce new vulnerabilities or worsen existing ones, nor will they permit unauthorized access to or use of the Target Systems.

3. The Customer recognizes that the Service is not tailored exclusively to the Customer or the Target Systems and there is no assurance that all vulnerabilities affecting the systems will be detected or reported.

4. The Provider shall not be liable for any damages or losses, whether direct or indirect, incurred by the Customer, Customer Users, or End Customers as a result of the intended use or provision of the Service, or in connection with any vulnerabilities not discovered by the Service.

VI. INTELLECTUAL PROPERTY

1. Internal Observer has independently invested in, obtained licenses for, and built the Services, as well as the related technologies and systems, including the Platform, which form integral parts of the Services.

2. All intellectual property rights in the Services, the Platform, and any Platform Data are, as between the Parties, owned exclusively by Cyberware.

VII. CONFIDENTIALITY

1. Each Party agrees to maintain in strict confidence all Confidential Information received from the other Party or acquired through their relationship under this Agreement. Such information shall not be used or disclosed except as necessary for fulfilling the obligations of this Agreement or with the express prior written approval of the other Party. If either Party shares the other Party’s Confidential Information with its employees, agents, or consultants, it must ensure that such individuals are bound by confidentiality obligations at least as protective as those outlined herein. Each Party commits to making reasonable efforts to ensure compliance by these individuals and acknowledges that it remains responsible for any unauthorized use or disclosure of Confidential Information by those to whom it has been disclosed.

VIII. WARANTIES AND INDEMNITIES

1. Except as explicitly stated in this Agreement, all other conditions, warranties, or terms - whether arising between the parties, implied by statute, common law, or otherwise - are excluded to the maximum extent permitted by law. This includes, without limitation, any implied warranties or terms relating to satisfactory quality or suitability for a particular purpose.

2. The Customer represents and warrants that:
(i) They, and any authorized signatory acting on their behalf, possess the full legal capacity, authority, and power to enter into and execute this Agreement;
(ii) They hold all necessary rights, licenses, consents, permits, and third-party authorizations required under applicable law to fulfill their obligations hereunder and to enable the Employer to fulfill its obligations under this Agreement.

3. The Customer agrees to indemnify and hold the Employer harmless from and against any and all losses, damages, claims, penalties, fines, costs, and expenses (including reasonable external legal fees) incurred by or awarded against the Employer in connection with any third-party claims or actions arising from or related to the Customer’s breach of clause 8.2 or clauses 4.2, 4.3, 4.4.

4. Each Party shall indemnify and hold harmless the other Party from and against all losses, damages, claims, penalties, fines, costs, and expenses (including reasonable external legal fees) incurred by or awarded against the other Party as a result of any breach by the indemnifying Party of clause 7 (Confidentiality).

IX. LIMITATIONS OF LIABILITY

1. Nothing in this Agreement shall operate to exclude or restrict either party’s liability for death or personal injury resulting from that party’s negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be lawfully excluded or limited.

2. Subject to clause 9.1, neither party shall be responsible, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any of the following types of loss or damage (regardless of whether such loss or damage was direct, indirect, foreseeable, known, or otherwise): special, indirect, incidental, or consequential damages; loss of actual or anticipated profits; loss of business or business opportunities; loss of revenue or monetary use; loss of anticipated savings; or loss of reputation or goodwill, arising out of or in connection with this Agreement.

3. Subject to clause 9.1, the total aggregate liability of the Infringer to the Customer for all claims arising under or in relation to this Agreement, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, shall not exceed 100 EUR (one hundred euros).

4. The Principal shall not bear any liability whatsoever to any end customer.

X. TERM, TERMINATION, AND SUSPENSION

1. This Agreement becomes effective as of the Effective Date and will remain in force for the specified term unless terminated as outlined herein.

2. Upon expiration of the Term, the Customer may opt to enroll in a paid subscription plan. If you have supplied payment card information as a guarantee or for any other reason, and unless you inform us otherwise before the trial period concludes, you will be automatically subscribed to a comprehensive 365-day paid plan. This plan will be governed by the full Terms and Conditions of the Service, and you hereby authorize us to process payment at the commencement of the plan and at each subsequent 365-day renewal until you provide alternative instructions.

3. Either party reserves the right to terminate this Agreement if the other party is in material breach of its terms.

4. Upon termination of this Agreement for any reason:
(i) The contractual relationship between the parties will cease, and all rights to access or use the Service granted under this Agreement shall be immediately revoked;
(ii) Any provisions of this Agreement that are expressly stated or implied to survive termination shall remain in effect.

5. The termination of this Agreement does not affect any rights or remedies that either party may have accrued prior to the effective date of termination.

XI. ENTIRE AGREEMENT

1. This Agreement represents the full and complete understanding between the Parties regarding its subject matter and replaces any previous agreements, discussions, or understandings, whether written or oral, relating to the same subject.

2. Except as expressly stated in this Agreement, all warranties, conditions, terms, and representations, whether implied by statute or otherwise, are excluded to the maximum extent permitted by applicable law.

XII. GOVERNING LAW AND JURISDICTION

1. This Agreement, along with any disputes or claims arising from or related to it (including those of a contractual or non-contractual nature), shall be governed by and interpreted in accordance with the laws of Bulgaria.

2. Any disputes or claims connected to this Agreement shall fall under the exclusive jurisdiction of the courts of Bulgaria, and the Parties hereby irrevocably agree to submit to such jurisdiction.