Terms of Use

1. Introduction

These terms and conditions (these “Terms”) are the only terms that govern the provision of Services (as defined below) and our website www.cybever.ai as well as our related websites (collectively, our “Sites”) by Cybever Inc., 440 N Wolfe Rd, #2075, Sunnyvale, CA 94085 (“Cybever”).For purposes of these Terms, “User”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. Please read these Terms carefully as they contain important information and affect User’s legal rights. By clicking to accept and/or using service, Users agree to be bound by these Terms and all of the Terms incorporated herein by reference. If Users do not agree to these Terms, Users may not access or use the service.

2. Services

The “Services” means the at all times current version of the web services, associated software, and other services related thereto provided to the User by Cybever in accordance with these Terms. Cybever reserves the right to implement new versions and upgrades of the Services including, but not limited to, changes that effect modifications to the design, operational method, technical specifications, systems, and other functions, etc. of the Services, at any time without prior notice.Cybever shall be entitled to retain subcontractors, including third party software suppliers, for the performance of obligations in accordance with these Terms. Cybever shall be liable for the subcontractors’ work and services in the same manner as for its own work and services.

3. License to Access and Use Our Service and Content

Subject to User’s compliance with the Terms, Cybever grants to User a limited, non-transferable, non-sub-licensable, nonexclusive, revocable license during the term of these Terms to access and use the Services solely and exclusively for User’s noncommercial and personal purposes. The Services are licensed, not sold, and User acknowledges that it does not acquire any license to use the Services in excess of the scope and duration of the license to the Services specified in the Terms. This license does not grant to User or any other party any right to copy, modify, enhance, or transfer the Services or otherwise disclose any Confidential Information disclosed by Cybever to any third party, including without limitation any Intellectual Property Rights.

User is (i) solely responsible for maintaining the security and control of its premises and username(s) and access passwords to its Cybever account; and (ii) fully liable for all activity of its User’s employees, agents and contractors who are authorized to use the Services (“Employees”) and customers that occur under its Cybever account, whether authorized by User or not. User agrees to immediately notify Cybever if it becomes aware of any unauthorized activity under its Cybever account and will cooperate with Cybever to prevent any further unauthorized activity.

4. Users’ Obligations and Restrictions

Users are fully responsible for your activities while using the Sites, including any content, information or other materials you post or upload to the Sites, and you bear all risks associated with the use of the Sites. By agreeing to these Terms, you agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Sites. You also agree not to use the Site to engage in any prohibited conduct or to assist any other person or entity in engaging in any prohibited conduct.We reserve the right (but not the obligation) in our sole discretion to (i) monitor the Sites for violations of these Terms; (ii) take appropriate legal action against anyone who uses or accesses the Sites in a manner that we believe violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (iii) deny access to the Sites or any features of the Sites to anyone who violates these Terms or who we believe interferes with the ability of others to enjoy our Sites or infringes the rights of others; and (iv) otherwise manage the Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites.

You are prohibited from using the Sites for the commission of harmful or illegal activities. Accordingly, you may not, or assist any other person to:

  • Violate these Terms or other policies and terms posted on, or otherwise applicable to, the Sites;
  • Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, or other account numbers) about yourself or any other person in any webform on the Sites;
  • Copy or adapt the Sites’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Sites, launch a denial of service attack, or in any other way attempt to interfere with the functioning and availability of the Sites;
  • Upload or share of any content that violates intellectual property rights, is defamatory, obscene, or otherwise illegal;
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, offline reader, or any data mining or similar data gathering extraction tools to access the Sites, or use or launch any unauthorized script or other software;
  • Interfere with, disable, vandalize or disrupt the Sites or servers or networks connected to the Sites;
  • Hack into, penetrate, disable, or otherwise circumvent the security measures of the Sites or servers or networks connected to the Sites;
  • Impersonate another person or falsely represent an affiliation with any organization or institution;
  • Send email to the addresses linked or made available on the Sites (including in these Terms) to harass, annoy, intimidate, or threaten any of our employees or agents;
  • Use the Sites in any way that violates any applicable national, federal, state, local or international law or regulation; or
  • Attempt to do any of the above.

5. Client Support

Cybever provides the User with support by email info@cybever.ai regarding User’s enquiries in connection with use of the Services. Such support is provided on weekdays (excluding American public holidays) during Cybever’ ordinary office hours and to the reasonable extent decided upon from time to time in detail by Cybever.Enquiries and/or error notices must be submitted to Cybever by e-mail in accordance with the contact information available on Cybever’ Sites.

6. Service Fee

Service Fee” means fee paid by the User in order to use Cybever Services. User shall pay compensation for the Services in accordance with the fees set out upon sign up procedure or otherwise agreed. All Services provided by Cybever shall be debited to the Client in advance.When starting to use the Services, User agrees that they lose the right to a refund and waive any cooling off period. In the event of early termination of the Services due to the User’s breach, the User shall not be entitled to a refund of any prepaid fees.Cybever reserves the right to change Services Fee or other fees and upon thirty (30) days’ prior written Notice to User. Such Notice will include the effective date of the change(s). User’s continued use of the Services subsequent to any change in Service Fees, as applicable, will be deemed acceptance of such changes. If User does not accept such Service Fee change under this Section, then User may terminate these Terms by providing Cybever written Notice prior to the effective date of such Service Fee change, and User shall only be liable to Cybever for the payment of Service Fees for Services provided through the date of User’s Notice of termination. In the event payments are not received by Cybever within ten (10) days after becoming due, Cybever may suspend performance for all Services until payment has been made in full.

7. Ownership

Cybever shall hold title to any and all intellectual property rights and technical solutions to the Services or, in the alternative, shall possess a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the User in the manner stated in this Terms. Under no circumstances shall the User or a third party acquire any intellectual property rights to the Services or to the software or technical solutions used in Services, or to any trademark or any other business mark belonging to or used by Cybever. Access to the Services is licensed, not sold.All content and data uploaded to, transferred through, posted, processed or entered into the Services by the User and/or its users shall remain the sole property of the User or its respective legal owner. Cybever shall have no liability for such content and data.

8. Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to User under these Terms or prepared by or on behalf of Cybever in the course of performing the Services, shall be owned by Cybever. The Sites are protected by copyright, trade dress, trademark, moral rights, and other intellectual property laws in the United States, the United Kingdom, and other international jurisdictions. 

All registered and unregistered trademarks, logos, and service marks are the property of Cybever and/or their respective owners. Nothing displayed or accessed in connection with the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed in connection with the Sites without the owner’s prior written permission, except as otherwise described herein.

All Intellectual Property Rights not expressly granted to User are reserved by Cybever and its licensors. You may not (i) modify or make derivative works based upon the Sites; (ii) reverse engineer the Sites or access the Sites in order to (a) build a competitive product or service, or (b) build a product using similar features, functions, or graphics of the Sites, or (c)copy any features, functions, or graphics of the Sites. You further acknowledge and agree that, as between the parties, Cybever owns all right, title, and interest in and to the Sites, including the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites, and all intellectual property rights therein.

Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and to download or print a copy of any portion of the Sites to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Sites.

User is responsible for use of the Service and for any information User provides, including compliance with applicable laws, rules, and regulations, as well as these Terms.

Users represent and warrant that User have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. Users represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless Users have necessary permission or are otherwise legally entitled to post the material and to grant Cybever the license described above, and that the content does not violate any laws.

By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, User grant Cybever a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service.

9. Confidential Information

For purposes of these Terms, the term “Confidential Information” means any information disclosed by Cybever to User, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, concerning the business, operations and assets of Cybever provided to User, includes the Services, hardware, and customer data, and any information relating thereto.

User understands that Cybever has disclosed or may disclose Confidential Information relating to the Cybever’s business under these Terms. User agrees: (i) to take reasonable precautions to protect such Confidential Information; and (ii) not to use or divulge to any third person any such Confidential Information, in each case except as expressly permitted by the Privacy Policy. Cybever agrees that the foregoing obligations will not apply with respect to Confidential Information after five (5) years following the disclosure, or any Confidential Information that User can document (i) is or becomes generally available to the public by Cybever or a third party not bound by a confidentiality obligation; (ii) was in User’s possession or known by its prior to receipt from the Cybever; (iii) was rightfully disclosed to Cybever by a third party not bound by a confidentiality obligation; or (iv) was independently developed without use of any Confidential Information of the Cybever as demonstrated by User’s written records.

Notwithstanding any provision of these Terms to the contrary, Cybever may disclose User’s Confidential Information, in whole or in part (i) to its representatives or potential representatives who have a need to know and are legally bound to keep such Confidential Information confidential by confidentiality obligations or, in the case of professional advisors, are bound by ethical duties to keep such Confidential Information confidential, consistent with the terms of these Terms; (ii) as required by law (in which case User shall, if permitted by applicable law and rules, provide Cybever with prior written notification thereof and the opportunity to contest such disclosure, and shall use its reasonable efforts to minimize such disclosure in each case to the extent permitted by applicable law, or (iii) otherwise in accordance with Cybever’s Privacy Policy.

Cybever shall be entitled to injunctive relief for any violation of Section 9.

10. Disclaimer of Warranties



11. Limitation Liability

We will not be liable for any loss or damage you suffer or cause in connection with your use or interaction with the Platform, including, without limitation, the following:

  • Unauthorized third-party activities and actions, such as hacking, exploits, introduction of viruses or other malicious code, phishing, Sybil attacks, 51% attacks, brute forcing, cybersecurity attacks, or other means of attack or hacking that affects the Services;
  • Weaknesses in security, or other technical errors;
  • Telecommunications or Internet failures;
  • Errors by you (such as forgotten passwords, lost private keys, or mistyped addresses);
  • Errors by Cybever (such as incorrectly constructed or programmed transactions or weaknesses in platform security);
  • Unfavorable regulatory determinations or actions, or newly implemented laws or regulations, in any jurisdiction;

Cybever’s total liability to User for all damages, losses or causes of action with respect to any claim asserted by you in connection with the Platform or its use will not exceed the amount User have paid Cybever in the six (6)-month period prior to the assertion of your claim (or, if greater, the sum of USD $1,000). Any claim or cause of action arising out of or related to Service or these Terms must be filed within one year after the claim or cause of action accrues, or be forever barred.


12. Termination

The Terms comes into force on the earliest of (i) when the User logs-on to or uses the Services for the first time, (ii) when the User pays the fee for the Services. The Terms runs thereafter until further notice and is terminated in accordance with 11.2.

Each Party has the right to give written notice of termination of the Terms. Such notice of termination must be given no later than ninety (90) days before the party wants the Terms to expiry.

Cybever shall be entitled, with immediate effect, to disable the User’s access to the Services or to terminate the Terms at any time in writing where:

  • the User uses the Services in a manner that entails the perpetration of a crime; 
  • the User uses the Services in a manner that occasions losses or the risk of loss for Cybever or any third party; 

    the User uses the Services in a manner that violates Cybever security or administrative regulations;

    it may be reasonably assumed that User’s use of the Services violates governing law;

    the User otherwise fails to comply with the Terms and such breach of contract is material.
  • Either party has the right to terminate the Terms with immediate effect if:
  • the other party is guilty of material breach of the Terms and the breach of the Terms is not fully rectified within thirty (30) days from the date on which the party in breach receives written notice from the other party with a request that corrective action is tapaken;

    the other party suspends payments, resolves on voluntary or involuntary liquidation, applies for a company reorganization or bankruptcy or if the party can otherwise be regarded as insolvent.
  • On the termination of the Terms, all parts of the User’s right to utilize the Services terminates.

13. Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any obligations of User to make payments to Cybever hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (i) acts of God; (ii) flood, fire, earthquake, OTHER POTENTIAL DISASTER(S) OR CATASTROPHE(S), SUCH AS EPIDEMICS, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order, law, or action; (v) embargoes or blockades in effect on or after the date of these Terms; and (vi) national or regional emergency; and (vii) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give Notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of ten (10) consecutive days following written Notice given by it under this Section, the either party may thereafter terminate these Terms upon five (5) days written Notice.

14. Assignment

User shall not assign any of its rights or delegate any of its obligations under these Terms without the prior written consent of Cybever. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves the User of any of its obligations under these Terms.

15. Relationship of the Parties

The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 

16. Amendment and Modification

Cybever reserves the right to change or modify these Terms at any time and in our sole discretion. By continuing to access or use the Service, Users confirm their acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is the User’s sole responsibility to review the Terms from time to time to view changes and to ensure that Users understand the Terms and conditions that apply when User accesses or uses the Service.

17. Arbitration

This Section is referred to as the “Arbitration Provision.” Except where prohibited by applicable law and rules, User agrees that any and all disputes or claims that have arisen or may arise between User and Cybever, whether arising out of or relating to these Terms or in connection with User’s use of the Services or our websites, shall be resolved exclusively through confidential, final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Provision. User agrees that, by agreeing to these Terms, User and Cybever are each waiving the right to a trial by jury or to participate in a class action. User’s rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision. Notwithstanding the foregoing, this Arbitration Provision shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate, provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Provision. In any event, any action or proceeding by User against Cybever relating to any dispute must commence within one (1) year after the cause of action accrues.

Except where prohibited by applicable law and rules, User and Cybever agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both User and Cybever agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

Cybever is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by contacting Cybever’s support team at info@cybever.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of dispute. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Cybever and User do not resolve the claim or dispute, despite good faith attempts, within sixty (60) calendar days after the Notice is received, User or Cybever may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cybever or User shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which User or Cybever is entitled.

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Provision. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Provision, the applicable terms of this Arbitration Provision will control unless the arbitrator determines that the application of the inconsistent Arbitration Provision terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Provision. The arbitrator can award issues relating to, without limitation, the scope, enforceability, and arbitrability of this Arbitration Provision. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Cybever and User agree otherwise, any arbitration hearings shall take place in Mountain View, California, USA. The arbitration shall be conducted and the award shall be rendered in English. If User’s claim is for $10,000 or less, Cybever agrees that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video conference hearing or by an in-person hearing as established by the AAA Rules. If User’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Provision. Any payment of attorneys’ fees will be governed by the AAA Rules.

18. Privacy Policy

Please refer to Cybever’s Privacy Policy (https://www.cybever.ai/privacypolicy) for information about how we collect, use, and share personal data about the User. By submitting personal data through our Service, the User agrees to the terms of our Privacy Policy and the User expressly consents to the collection, use, and disclosure of the User’s personal data in accordance with the Privacy Policy.

19. Waiver and Severability

If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

20. Indemnification

User will indemnify, defend and hold harmless Cybever and its directors, officers, employees, affiliates and agents from and against any and all third-party proceedings, claims, losses, damages, demands, liabilities, fines imposed by regulatory authorities to the extent permitted under applicable law and rules, costs and expenses whatsoever, including all reasonable legal and accounting fees and expenses and all reasonable collection costs, incurred by Cybever, its directors, officers, employees, affiliates and agents to the extent resulting from or arising out of (i) User’s use of the Services, other than those attributable to Cybever’s gross negligence or willful misconduct, or for which Cybever is responsible; (ii) Cybever’s processing activities on behalf of User; (iii) the business of User; (iv) any sales transaction conducted by Cybever on behalf of User; (v) any noncompliance with any applicable law and rules by User or its Employees; (vi) User’s, or any Employees’ breach or nonperformance of any provision of these Terms; (vii) User’s or its Employee’s reliance on any report or other information generated through the Services; (viii) any Tax assessment or (ix) any claims against Cybever related to the use by Cybever of any User data or any of User’s intellectual property.

21. Governing Law

These Terms of Use and your use of the Sites are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

22. Electronic Communications and Contact Information

Cybever may be required to provide User with certain disclosures, notices and communications (collectively, “Communications”) in written form. User agrees to receive all Communications regarding its use of any of the Services, including without limitation through the Services, electronically instead of in paper form. 

User’s consent to electronic Communications is valid until User revokes it. However, consent to electronic Communications is a condition of the Services, and if User revokes its consent, User will no longer be permitted to use the Services. User agrees it is responsible for keeping its e-mail address registered with Cybever accurate and up to date.

You may contact us by emailing us at info@cybever.ai .