Rescana – Terms of Service

 

Rescana Ltd. ("Rescana", "us", "our", or "we"), a company incorporated in the State of Israel with Company No. 515442077, has developed a cyber risk management platform ("Platform"). These Terms of Service ("Terms") govern your access and use of the Platform and services available thereon ("Services"). Our Privacy Notice, available at https://rescana.com/terms ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means an individual using the Services.

 

Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Services.

 

If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into and bind the Company to these Terms and register for the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Services is revoked where these Terms or use of the Services is prohibited.

 

In the event of a conflict between these Terms and a price quote we have executed with the applicable Company ("Price Quote") separately prior to entering into these Terms, the provisions of such Price Quote shall prevail.

 

  1. Use of Services

 

1.1. Subject to these Terms and the Price Quote, Rescana allows you to access and use the Platform and Services on a non-exclusive basis. Other than with respect to any outstanding subscriptions, Rescana may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.

 

1.2. Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services.

 

1.3. As part of the Services, Rescana performs passive scans and data collection of internet and data systems, including tracking of existing Company domains, identification of new domains, and detection of malicious domain registrations. Scans can be used to scan the security of the Company's systems and the systems of vendors the Company has identified ("Vendors"). Through the Platform, Rescana provides questionnaires that can be sent to Vendors ("Questionnaires") and allows for tracking and collection of replies. Based on the scans and the answers to the Questionnaires, the Platform will generate reports with insights regarding security issues relating to the Company and its Vendors ("Reports"). By sending Questionnaires to Vendors, you represent and warrant that you have all rights and authorizations needed to send such Questionnaires. To the extent required by applicable law, you shall be responsible for notifying Vendors and other Company personnel that Rescana may be conducting scans and collecting data, including Personal Data, about Vendor and Company personnel.

 

2. Account Registration

 

2.1. In order to use the Services, you will need to have a registered account. To complete the registration process, you must provide all registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.

                                                                                       

2.2. A user may be designated as either a "Basic User" or an "Advanced User". Depending on the designation of your account, different services may be available to you. An "Advanced User" will have access to all features, while a "Basic User" will have access only to limited features. Rescana will create user accounts and act as an administrator of accounts. Each additional user will be required to complete the registration process and accept these Terms. You represent and warrant that you have the full right and power to provide Rescana with any Personal Data of any personnel that you provide for registration purposes and that you are fully and solely responsible for providing Rescana with email addresses only related to your Company.

 

2.3. Rescana may refuse to open an account for any individual or entity at its sole discretion and/or limit the number of Administrators and/or Users a Company may register, at its sole discretion.

 

2.4. You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Rescana will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Rescana harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at abuse@rescana.com that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.

 

3. Termination of Account

 

3.1. You agree that Rescana may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) termination, suspension or expiration of the Price Quote between us and the Company for any reason (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of Rescana, or (v) failure to make payment in accordance with the terms specified herein. If your account is terminated, you may not rejoin Rescana again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.

 

3.2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

 

3.3. You may request termination of your Rescana account at any time and for any reason by sending an email to support@rescana.com. Following such request, Rescana shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.

 

4. Fees and Payment

 

4.1. To the extent you are registering on behalf of a Company, you agree that the Company will pay Rescana the fees as agreed in the Price Quote respect of an annual subscription. Payments are to be made on an annual basis, in advance of the applicable year. It is clarified that you will not be eligible for a refund in respect of any year paid in advance. Payments may be made via bank transfer or through Rescana's third-party payment processor(s). To the extent payments are made via credit card, you hereby authorize the collection of such amounts by charging the credit card provided, either directly by Rescana or indirectly, via a third-party online payment processor. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services.

 

4.2. Where applicable, taxes may also be charged. Except as expressly provided in these Terms, fees are non-refundable.

 

4.3. Please note that Rescana may impose or deduct foreign currency processing costs on or from any payments or payouts by Rescana in currencies other than New Israeli Shekel. When converting currency, prices may be rounded up to the nearest whole number.

 

5. Content

 

5.1. Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including Reports, Questionnaires, and any images, charts, recommendations, and any modifications or derivatives of the foregoing. In addition, Rescana allows you to upload certain content, including but not limited to contact details, files supporting answers to Questionnaires, and files relating to the Company or any Vendors ("User Content").

 

5.2. Content comes from a variety of sources. You understand that Rescana is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content (including but not limited to User Content or any information provided by Vendors). Although users must agree to these Terms, it is possible that others (including unauthorized users and Vendors) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

 

5.3. RESCANA DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT OR ANY USER CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT AND/OR USER CONTENT. RESCANA DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL VENDORS AND USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO RESCANA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

6. Access to Company Systems and User Content Restrictions

 

6.1. Rescana has no obligation to accept, display, or maintain any User Content. Moreover, Rescana reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content or other information you provide to Rescana and access you provide to Company's systems. You represent and warrant that, to the extent you provide Rescana with User Content or access to Company's systems, you have all necessary rights and authorities to provide such User Content and access and that doing so (i) is in compliance with applicable law; and (ii) will not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral rights.

 

6.2. Without limiting the foregoing, you agree that you will not provide any information or any access to Company systems or provide any User Content that: (1) restricts or inhibits use of the Services; (2) violates the legal rights of others; (3) infringes (or result in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) violates any applicable laws, rules and regulations; or (6) stores or transmits anything that contains any virus, worm, trojan horse, or other harmful or disruptive component.

 

6.3. Rescana may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Rescana reserves the right to treat User Content as content stored at the direction of users for which Rescana will not exercise editorial control except when violations are directly brought to Rescana's attention.

 

7. Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform or Services without our prior written authorization, including framing or mirroring any part of the Platform or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Platform or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Services; (5) use or access another user’s account or password without permission; and/or (6) use the Platform or Services or content thereon in any manner not permitted by these Terms.

 

8. Intellectual Property

 

8.1. Rescana or its licensors, as the case may be, have all right, title and interest in the Platform, Services, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or on the Platform should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Rescana or any third party. If you provide Rescana with any feedback regarding any content on the Platform or Services, Rescana may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

8.2. The Company retains all right, title and interest in any User Content and any other materials included in its systems to which it grants Rescana access. By providing User Content or providing Rescana with access to such materials, the Company grants Rescana and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of its intellectual property, moral or privacy rights to use, scan, copy, transmit, prepare derivative works of, alter, and/or decompile such materials or User Content on, through or in connection with the Platform, including for purposes of reviewing operations, analytics and improving the Platform and Services.

 

9. Confidentiality. Each of the Company and Rescana (each, a "Recipient") may have access to certain non-public or proprietary information and materials of the other party ("Discloser"), whether in tangible or intangible form ("Confidential Information"). Questionnaires shall be considered the Confidential Information of Rescana and Reports and Vendor responses to Questionnaires shall be considered the Confidential Information of the Company. Confidential Information shall not include information and material which: (a) at the time of disclosure by Discloser to Recipient hereunder, is in the public domain (provided it is not in the public domain as a result of a breach of a confidentiality obligation); (b) after disclosure by Discloser to Recipient hereunder, becomes part of the public domain through no fault of the Recipient; (c) was rightfully in the Recipient's possession at the time of disclosure by the Discloser hereunder, and which is not subject to prior continuing obligations of confidentiality; (d) is rightfully disclosed to the Recipient by a third party having the right to do so; or (e) independently developed by the Recipient without use of, or reference to, Confidential Information received from the Discloser. The Recipient shall not disclose the Discloser's Confidential Information to any third party, except to its employees, advisers, agents and investors, subject to substantially similar written confidentiality undertakings with a "need to know" to comply with and/or perform Recipient's obligations hereunder. Recipient shall take commercially reasonable measures, at a level at least as protective as those taken to protect its own Confidential Information of like nature (but in no event less than a reasonable level), to protect the Discloser's Confidential Information within its possession or control, from disclosure to a third party. The Recipient shall use the Discloser's Confidential Information solely for the purposes expressly permitted hereunder. In the event that Recipient is required to disclose Confidential Information of the Discloser pursuant to any law, regulation, or governmental or judicial order ("Order"), the Recipient will if and to the extent permitted under such Order (a) promptly notify Discloser in writing of such Order, (b) reasonably cooperate with Discloser in opposing such disclosure, (c) only disclose to extent required by such Order. Upon termination of these Terms, or otherwise upon written request by the Discloser, the Recipient shall promptly return to Discloser its Confidential Information (or if embodied electronically, permanently erase it), and certify compliance writing.

 

10. Disclaimers and Disclaimer of Warranty

 

10.1. All information and content posted on the Platform is for informational purposes only and Rescana provides no guarantees with respect thereto. Your use of the Platform and/or Services is at your sole discretion and risk. The Platform, Services, and Content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs.

 

10.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, REPORTS.

 

10.3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

10.4. You acknowledge and agree that Rescana is not a data retention service. You therefore must create backups of your data, and Rescana shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.

 

11. Limitation of Liability

 

11.1. In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's mobile device or computer, resulting from use of the Platform, Services, from any Content, or from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Rescana, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

 

11.2. IN NO EVENT SHALL RESCANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION OR REPORTS PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT RESCANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO RESCANA FOR THE USE OF THE SERVICES, THEN RESCANA SHALL NOT HAVE ANY LIABILITY TOWARD YOU.

 

12. Indemnification. You agree to indemnify, defend, and hold harmless Rescana and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) Platform or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.

 

13. Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Rescana or enables you to act on behalf of Rescana. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

 

Last updated: July 2020