These AI Smishing Checker Terms of Service (the “Terms”) are a legal contract between you and AI Security Systems Ltd. (“AISecSy “, “we“, or “our“).

These Terms apply  to you insofar as you proceed with the download, installation, and use of AI Smishing Checker mobile application (“AI Smishing Checker”) for use with AISecSy’s security Services (collectively with the “Services” or “AISecSy Services”) for either (a) your personal or household use, or (b) as a result of your employment by an organization (the “Employer”) that requires or permits all or some of its workforce to install the AI Smishing Checker on its mobile devices. These Terms govern your access to, and your use of, the AI Smishing Checker. By using the AI Smishing Checker, you agree to be bound by these Terms.

 You may use the AI Smishing Checker only if you have the capacity to form a binding contract with AISecSy and if you are not barred from receiving service under the laws of the European Union or other applicable jurisdiction. You may use the AI Smishing Checker only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

1. AISecSy’s Rights
   1. License: AISecSy grants you a personal, non-exclusive, non-transferable, non- sublicensable, revocable license to download and use the AI Smishing Checker solely on your personal devices or, if you are receiving AI Smishing Checker via your Employer, on devices provided or approved by your Employer, solely for use in connection with the AI Smishing Checker in accordance with these Terms. AISecSy also grants you a persona, non-exclusive, non-transferable, non-sublicensable revocable license to access and use the AI Smishing Checker for the periods authorized by your Employer or for the periods of subscriptions purchased by you for your personal or household use.
   2. AISecSy Retains All Rights: All right, title, and interest in and to the AI Smishing Checker are and will remain the exclusive property of AISecSy. AI Smishing Checker is protected by intellectual property laws and other proprietary rights of the European Union and foreign countries. AISecSy grants you no license to the AI Smishing Checker or any other AISecSy content beyond what is expressly granted in these Terms nor any rights to use or appropriate, in any manner, the AISecSy trademarks, logos, domain names, or any other intellectual property or brand features of AISecSy.
   3. Modification of AI Smishing Checker: We reserve the right to modify, suspend, or cancel the AI Smishing Checker (or any features within the AI Smishing Checker) at any time and for any reason. When we do so, we may notify you through the contact you provided to us, or your organization may so inform you.
   4. Feedback: If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you.
   5. Cancellation: AISecSy has the right to terminate the operation of all services even without prior warning. In this case, you are not entitled to compensation or any other damages, with the exception of the unused subscription periods fees.
   6. Billing: Unless agreed otherwise your access to and use of the Services is paid (“Subscription Charges”) are due in full upon commencement of your Subscription. If you fail to pay your Subscription Charges or charges for other services indicated on any Form referencing these Terms within five (5) business days of our notice to you that payment is due or delinquent, or if you do not update payment information upon our request, in addition to our other remedies, we may suspend or terminate access to and use of the Service by You.
      
      
2. Restrictions on Your Use of Enterprise Services

1. 1. The Integrity of Your Account: You must ensure that all information relating to your account (i.e. password and any login credentials) is kept secure, accurate and up to date always. You are solely and fully responsible for all activities that occur under your account, and we will not be liable for any damage or liability resulting from your failure to keep your account information accurate, up to date, or secure. Should you suspect that any unauthorized party may be using your account, or you suspect of any other breach of security, you agree to contact us immediately.
   2. Compliance with Laws: You may not use the AI Smishing Checker in any way that violates any laws, regulations, or these Terms, harms any person, or infringes any person or entity’s rights (including intellectual property and other proprietary rights). In addition, without limitation, when using the AI Smishing Checker, you may not:
      • Hack or interfere with the AISecSy Services, its servers or any connected networks.
      • Adapt, alter, license, sublicense or translate the AI Smishing Checkerfor your own personal or commercial use.
      • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by AISecSy.
      • Register under different usernames or identities, after your account has been suspended or terminated.

1. 3. Restrictions on Use: You are permitted to access and use the AI Smishing Checker only through the means we expressly provide to you. You are not allowed to circumvent or disable the AI Smishing Checker, or any technology, features, or measures included in the AI Smishing Checker for any reason, except as permitted by law.
   4. AISecSy Intellectual Property: The license granted to you in these Terms is solely for the purpose of allowing you to use the AISecSy Services. You may not violate any exclusive rights that we have under any intellectual property or other proprietary rights laws. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of the AISecSy Services, including executable and configurable content, except as permitted by law.
   5. Use of AISecSy Services: You may only use the Services to secure your device(s).  You may not execute the AI Smishing Checker in any other environment, (e.g., in an emulated environment), use the AI Smishing Checker as a research tool or in any other way to develop or support another product, or use results derived from the use of the AI Smishing Checker for any purpose, (e.g. to verify a set of known results or to scan, power, or support any other services), without our explicit written consent. Contact us at support@aisecsy.com  to request such access.
   6. Transfer of AI Smishing Checker Prohibited: You may not sell, transfer, or allow any other person to access your account password or AI Smishing Checker account. You may not provide information that is false, misleading or inaccurate, or imply affiliation with a company or organization to which you are not affiliated.
   7. Access: A high-speed Internet connection is required for proper transmission of the Services. You are responsible for procuring and maintaining the network connections that connect Your network to the Service, including, but not limited to, “browser” software that supports protocols used by Services. We are not responsible for notifying You, or Users of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by us. We assume no responsibility for the reliability or performance of any connections as described in this section.
      
      

3. Privacy
It is important that you review our Privacy Policy, which governs our collection, use, and disclosure of your personal information, including User Information. Please read it carefully.  By using the AISecSy Services, you agree to be bound by our Privacy Policy.

4. Termination and Suspension of Your Account
A) We may terminate or suspend your access to the AI Smishing Checker without prior notice, and without liability, at our sole discretion, for any reason, including but not limited to our good faith belief that

1. 1. you have violated these Terms, or
   2. your use of the AISecSy Services causes legal liability to us or disrupts others’ use of the AISecSy Services,
   3. if your Employer directs us to cease the provision of the AI Smishing Checker to you or if the agreement between AISecSy and your Employer terminates, expires, not renewed or suspended for any . We will make a reasonable attempt to notify you of any termination or suspension of your access to the AI Smishing Checker by contacting you through the contact associated with your account.

B) These remedies are in addition to any other remedies AISecSy may have at law or in equity. Even after your right to use the AI Smishing Checkeris terminated or suspended, these Terms shall remain enforceable against you.

5. Disclaimers, Indemnity, and Limitations of Liability

1. 1. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AISecSy OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
   2. WITHOUT LIMITING THE FOREGOING, NEITHER AISECSY NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.
   3. NEITHER AISecSy NOR ITS LICENSORS SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THAT OF YOUR EMPLOYER.
   4. AISecSy AND ITS LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICES WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
   5. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AISecSy AND THE AISecSy ENTITIES WIL BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF AISECSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AISecSy´s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
      
      

6. Governing Law and Jurisdiction

1. 1. Contact Us: Our goal is for you to be happy and satisfied with your use of the AISecSy Services. If you have a dispute with AISecSy, you agree to contact us at support@aisecsy.com and attempt, in good faith, to resolve the dispute with us informally. If a dispute is not resolved within 60 days of notice, you or AISecSy may bring a formal proceeding.
   2. Arbitration: To the extent allowable under the laws of your jurisdiction, any dispute, claim or controversy arising out of or relating to the use of the AISecSy Services, these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate.  Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Czech Republic.
   3. Class Action Waiver: You and AISecSy agree that any arbitration will be limited to the dispute between AISecSy and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND AISECSY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and AISecSy otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then it shall be reformed to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
   4. Governing Law: These Terms will be governed by the laws of the Czech Republic without regard to conflicts of law provisions. All parties consent to the exclusive jurisdiction of court of the Czech Republic for any actions not subject to arbitration and you and the AISecSy agree to submit to the personal jurisdiction of such courts.
      
      

7. Indemnification

1. AISecSy will indemnify and hold you harmless, from and against any claim against you by reason of your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”). AISecSy shall, at its expense, defend such IP Claim and pay damages finally awarded against you in connection therewith, including the reasonable fees and expenses of the attorneys engaged by AISecSy for such defense, provided that

• • You promptly notify AISecSy of the threat or notice of such IP Claim,
  • AISecSy will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim, and
  • You fully cooperate with AISecSy in connection therewith.
    
    

2. If use of the Service by you, has become, or in AISecSy opinion is likely to become, the subject of any such IP Claim, AISecSy may at its option and expense:

• • procure for you the right to continue using the Service as set forth hereunder;
  • replace or modify the Service to make it non-infringing; or
  • if options a. or b. are not commercially and reasonably practicable as determined by AISecSy, terminate your subscription to the Service and repay you, on a pro-rated basis, any Subscription Charges previously paid to AISecSy for the corresponding unused portion of Your Subscription Term.
    
    

3. AISecSy will have no liability or obligation under this Section with respect to any IP Claim if such claim is caused in whole or in part by:

• • compliance with designs, data, instructions or specifications provided by you;
  • modification of the Service by anyone other than AISecSy; or
  • the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing.
    
    

4. The provisions of this Section 10.1 state the sole, exclusive and entire liability of AISecSy to you and constitute your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service by you.

5. You will indemnify and hold AISecSy harmless against any claim brought by a third party against AISecSy arising from or related to use of the Service by you in breach of these Terms or matters which you have expressly agreed to be responsible pursuant to these Terms; provided that AISecSy promptly notifies You of the threat or notice of such a claim.

8. General Matters

1. 1. Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from these Terms and these Terms will otherwise remain in full force and effect.
   2. No Waiver: Our failure or delay to enforce a provision under these Terms is not a waiver of our right to do so in the future.
   3. Assignment: These Terms and any rights and licenses that we grant to you may not be transferred or assigned by you, but may be assigned or transferred by AISecSy without restriction.
   4. Entire Agreement: These Terms, together with the End User License Agreement entered into by and between AISecSy and you constitute the entire agreement between you and AISecSy concerning the AISecSy Services. In the event of a conflict between any legal documents and these Terms, the User Terms of Service controls. Where these Terms do apply, they supersede all prior or contemporaneous agreements between you and AISecSy.
   5. Modification to Terms: AISecSy may modify these Terms from time to time in its sole and absolute discretion. You agree to be bound by any changes to these Terms if you continue to use the AISecSy Services. The most current version of these Terms will be located at https://www.aisecsy.com/terms-of-service.
   6. Relationship of Parties: No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
   7. Survival: The provisions that require or contemplate performance after the termination of these Terms, and all provisions relating to limitation of liability, disclaimers, and indemnification in these Terms will be enforceable regardless of the termination of these Terms.
      
      

 I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT MY USE OF THE AI SMISHING CHECKER IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS.