Terms of Use
These Terms of Use (hereinafter referred to as "Terms" or “Agreement”) constitute an agreement between ESET, LLC, having its registered office at 610 West Ash Street, Suite 1700, San Diego, CA 92101 (hereinafter referred to as "ESET" or "Provider") and you, a natural person or a legal entity (hereinafter referred to as "You" and or “Your” who accesses the ESET Cybersecurity Awareness Training (“Training”) account. If You subscribe to the Training on behalf of an organization, then You agree to these Terms for that organization and guarantee that You have the authority to bind that organization to these Terms. In that case You will refer to that organization. Read these Terms carefully, as they relate to services provided by ESET through or in relation to the Training. The capitalized terms used herein are defined in the Definitions at the end of these Terms.
By either clicking the “I Agree” option or by signing this Agreement, You agree to the terms and conditions of this Agreement.
Security and Data Protection
You agree to data being collected and transferred to Provider's servers or third party servers, the purpose of which is to ensure functionality of and authorization to use the Training. The Provider shall be entitled to collect, process, transfer and store essential data identifying You for support purposes, performance of these Terms and for the purpose of business and marketing communication. You are authorized to use the Training solely for the purpose and manner for which it is intended under these Terms and documentation, as applicable.
You are responsible for the security of Your Account and credentials required for logging in. ESET shall not be liable for any loss or damage resulting from Your failure to comply with this obligation to maintain security. If any of the Accounts are compromised, You should notify the Provider immediately.
Admin Account
You must designate one Administrator, or Admin, who will be assigned to an Admin Account that renders access to reporting provided by ESET. The Admin must provide ESET with his or her full name, company name, valid email address and phone number for the purpose of provision and maintenance of Training accessed via Admin Account. You agree that there is only one Admin per Agreement. You also agree and acknowledge that the Admin Account Information is personal to the Admin and the Admin will not provide it to any other person.
Customization
You have the option to customize Your Training with Your security policy and Your company logo at no additional cost. The customization does not include customized or additional modules or any other changes to the Training content. Should You choose to exercise the customization option, You will be required to upload Your logo and/or link to Your security policy through Provider’s secure link. Once the Set-Up Form is complete and sent to ESET, the Admin will receive an email response with a secure link to upload Your company logo and security policy. You must fill out a CSV with all Your End-Users’ last names, first names and email addresses. Upon completion of the customization and following the upload of the CSV, the Admin will receive an Activation email. You also agree to `tallow a reasonable amount of time to complete the customization by Provider.
Account Activation
ESET will set up the Admin and Your End-Users with an Account in order to use The Training. You are fully responsible for all activities performed on or through all Accounts made under Your Agreement. You agree that You will (a) provide true, accurate, current and complete information as prompted by the Set-Up Form, (b) maintain and promptly update the Set-Up Form to ensure the information is always true, accurate, current and complete, (c) immediately inform ESET of any unauthorized use of an Account or any other breach of security, and (d) exit from the Account at the end of each work session. ESET has no obligation to verify the data provided by You. However, if ESET finds out or suspects that the provided information is untrue, inaccurate, not current or incomplete, ESET may suspend or terminate You or Your End-User’s Account and refuse any and all current or future use of the Training.
Password Confidentiality
Each End-User will be assigned an initial password for access to and use of the Training. Each End-User shall change the initial password upon first login to the Account. Once the initial password provided is changed, ESET does not retain the technical ability to retrieve such passwords. You will cause each End-User to maintain the confidentiality of the passwords. You are fully responsible for all activities that occur using Your Accounts. You acknowledge and agree that neither ESET nor any other third party will be liable for any loss that any of Your End-Users may incur as a result of someone else using a password that has been assigned to or obtained by You, either with or without Your knowledge or End User’s knowledge; nor shall ESET or any other third party be liable or responsible for any unauthorized access or misuse of the Training by You or Your End-Users.
Reporting
The Admin will have the ability to view a report, in the Admin Account, of the progress of Your End-Users at any time. The reports are in real-time and will track all Your End-Users’ progress. A weekly report will be emailed to the Admin and up to three (3) additional End-Users, which You designate, and will include all Your End-Users’ progress. ESET shall not be liable for any inaccuracies or the functionality of these reports.
Certification
Each End-User will have the ability to obtain a Certificate stating that he or she has successfully passed and completed the Training. This Certificate is valid for one (1) year from the date the Certificate is awarded. The Certificate can only be awarded to each End-User once during Your Agreement subscription Term. Each End-User’s name will be automatically generated on that End-User’s Certificate.
Details about privacy, personal data protection and rights as a data subject can be found in Privacy Policy.
Training
ESET or its respective suppliers own or may exercise copyright to all the content available on the Training website. During the Term of Your Agreement, ESET grants You the non-exclusive, non-transferable, and limited right and license to allow End-Users to remotely access the Training that is located on the third party servers in accordance with these Terms.
Term and Termination
Access shall begin on the Activation Date and shall terminate twelve (12) months from the Activation Date (“Term”). If You fail to comply with any of the provisions of these Terms, the Provider shall be entitled to terminate the Agreement, without prejudice to any damages or legal remedy available to the Provider and without a refund owed. In the event of termination of Your Agreement, all rights and licenses granted by ESET to You will immediately cease and Your access will be deactivated. Termination of this Agreement will not affect the provisions regarding intellectual property rights and ownership, provisions relating to indemnification, limitation of liability and payment.
Connection to the Internet
Connection to the Internet is necessary to access the Training. You are responsible for maintaining Your Internet browser software to ensure proper use. You must have the required equipment, software, and Internet access to be able to use the Training. To run the Training a modern web browser that supports cookies and JavaScript is required. Acquiring, installing, maintaining and operating equipment and Internet access is solely Your responsibility. You also agree not to hold ESET liable for any delays, inaccessibility or nonuse due to any issues in Your IT environment.
Support Services
ESET will provide support to the Admin only for all content loading or any technical issues that might arise while setting up or interacting with the content. All support inquiries that arise following the Activation Date shall be directed to our Customer Success and Support Team at 1-866-343-3738.
Fees and Payment Terms
Fees payable under this Agreement shall be in the amounts and payable through the ESET website, ESET sales representative or ESET reseller at the time of purchase. All fees are collected in advance of the subscription Term. Fees will be determined by the number of Accounts You purchased and no refund shall be given to unused Accounts.
You shall not be entitled to a refund for any non-activated Accounts You have purchased. Should You wish to purchase additional Accounts, You will need to purchase a minimum of ten (10) Accounts through the ESET website, ESET sales representative or ESET reseller. Any additional Accounts purchased prior to the termination of Your Agreement will have a new Activation Date and will expire twelve (12) months from the new Activation Date.
Intellectual Property Rights/Ownership
The Training is offered on a subscription basis, and not sold. You and Your End-Users receive no title, any rights or ownership to Training itself or any of its copies except as expressly granted in these Terms. The Training contains copyrighted materials, trademarks, and intellectual property either owned or licensed directly to ESET, including but not limited to video, text, software, photos, graphics, images, music, and sound. You shall not modify, publish, make any copies, participate in the sale of, or exploit in any way any proprietary materials.
ESET grants You a non-transferable, non-exclusive, revocable license the use the Training solely for: (1) training and compliance requirements; (2) testing security awareness via social engineering of You or Your employees; (3) review the reports produced for the purpose of documenting exposure to social engineering tactics.
You agree to use the Training and “service” subject to following conditions: (a) You are to use the Training only for purposes that are lawful in the jurisdictions where You reside (b) You agree to test only the subjects for which You have the full right, power, and authority to test (c) You agree to access the Training solely via the user interface for the sole purpose of conducting tests on authorized subjects and corresponding test data.
You agree not to reverse engineer, decompile, disassemble any software or system that provides or enables the Training. You acknowledge that You are responsible for all activity conducted via Your Account, including any unauthorized use of logos, trademarks, or other intellectual property, whether or not such material was available on the system.
Limitations of Use
You are limited to one login credentials per email address.
Force Majeure
ESET shall not be liable for delays or failure to perform as a result of causes beyond its reasonable control, including acts of god or nature (such as fire, storm, flood, earth quake), electrical or power outages, labor disputes, civil unrest, acts of terror, war, pandemic or similar circumstances, or delay or failure by You or any of Your End-User in the timely performance of its obligations hereunder or under any Agreement.
Indemnification
You agree to defend, indemnify and hold harmless ESET, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, reasonable attorneys’ fees arising out of or relating to (i) Your violation of these Terms or Agreement; (ii) any use by You of the Training material, content, services or products other than as expressly authorized in these Terms; or (iii) breach of this Agreement.
Disclaimers
YOU HEREBY ACKNOWLEDGE THAT THE TRAINING IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT ACCOUNT WILL NOT INFRINGE ANY THIRD PARTY'S PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE PROVIDER OR ANY OTHER PARTY MAKE NO GUARANTEE THAT THE FUNCTIONS OF TRAINING WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF TRAINING WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM INTERRUPTION OR FAILURE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF ACCOUNT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM IT.
No other obligations. These Terms create no obligations on the part of the Provider and its licensors other than as specifically set forth herein.
ESET reserves the right to change or modify these Terms at any time without prior notice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE ACCOUNT, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY CYBER SECURITY BREACHES THAT OCCURRED BEFORE OR AFTER THE TRAINING.
Export and Re-export Control
The Account, the software, its components and/or the documentation thereof, shall be subject to import and export controls under legal regulations which may be issued by governments responsible for issue thereof under applicable law, including U.S. Export Administration Regulations, and end-user, end-use and destination restrictions issued by the U.S. Government and other governments. You agree to comply strictly with all applicable import and export regulations and acknowledge that You have the responsibility to obtain all licenses required to export, re-export, transfer or import.
Governing Law and Language
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of San Diego County, California.
General provisions
ESET reserves the right to audit the usage and to suspend, revoke, deny, disable, or terminate access if You have violated any provisions of these Terms of Use. ESET also reserves the right to take appropriate legal action, including without limitation to law enforcement for any illegal or unauthorized use of the Training and reserves the right to seek damages to the fullest extent permitted by law. ESET reserves the right to revise these Terms or any portion thereof at any time without prior notice by updating this document to reflect changes to the law or changes to the Training. You will be notified about any revision of these Terms through Your Admin. If you disagree with the changes to these Terms, You may terminate Your Agreement without a refund owed by Provider. Unless You terminate Your Agreement, You are bound by any amendments or revisions of these Terms. You are encouraged to periodically visit this page to review the current Terms that apply to Your use of Agreement.
Notices
All notices must be delivered to: ESET, LLC, 610 West Ash Street, Suite 1700, San Diego, CA 92101.
Definitions
Defined Terms
“Account” means individual profile for each specific End-User with unique credentials to access the Training.
“Account Information” means the information required to set up each Account.
“Activation Date” or “Activation” means the date at which You received an email with access to The Training.
“Admin Account” means the Account that is assigned to the Administrator, has access to view the progress of all Your End-Users, and acts as the point of contact for ESET regarding the Training.
“Administrator” or “Admin” means the individual who hold Admin. Account
“Agreement” means this subscription Agreement for ESET Cybersecurity Awareness Training between Provider and You.
“Certificate” means the Certificate of Achievement that is awarded at the completion of the Training.
“End-Users” means all of Your employees whom ESET provided login credentials.
“Set-Up Form” means the web page that You are required to complete after confirming Your purchase. It is also where You will fill out Your Administrator’s Account Information and select if You opt for customization.
“Training” means the Internet based ESET Cybersecurity Awareness Training and the phishing tool. Phishing tool is access to run simulated phishing attacks/campaigns that test Your or Your employee’s susceptibility to such attacks and their ability to identify social engineering schemes.