Reflex Phishing Reporting Button EULA
End-User License Agreement (EULA) Elevate Security Phishing Reporting Button
This End-User License Agreement (“EULA”) is a legal agreement between you and Elevate Security. It applies to the software named Elevate Security Phishing Reporting Button (“Software”) and software updates (except to the extent such updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Elevate Security’s rights relating to pre-updated software). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. Installation and use rights
a) General. You may install and use any number of copies of the software.
b) Third Party Software. The software may include third party applications that Elevate Security, not the third party, licenses to you under this agreement. Any included notices for third party applications are for your information only.
c) Subscription-based Service. Most features of the software relies on online services provided by Elevate Security as part of a subscription. If you do not have an ongoing subscription with Elevate Security, you will not be able to use those features, please visit https://elevatesecurity.com/ if you would like to subscribe.
d) Master Services Agreement. The use of the online services provided by Elevate Security (but not the software) is governed by the separate terms and privacy policies in the Master Services Agreement of the Elevate Security service subscription. Please read them. The services may not be available in all regions.
2. Data collection
3. Scope of license
The software is licensed, not sold. Elevate Security reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
• work around any technical limitations in the software that only allow you to use it in certain ways;
• reverse engineer, decompile or disassemble the software;
• remove, minimize, block, or modify any notices of Elevate Security or its suppliers in the software;
• use the software for commercial, non-profit, or revenue-generating activities;
• use the software in any way that is against the law or to create or propagate malware; or
• share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
4. Support services
Support is provided as part of the Master Service Agreement that governs your Elevate Security service subscription if you have one. If you don’t have an ongoing service subscription, Elevate Security is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
The software may periodically check for updates, and download and install them for you. You may obtain updates only from Elevate Security or authorized sources. Elevate Security may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features or services.
6. Binding arbitration and class action waiver
This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Elevate Security have a dispute, you and Elevate Security agree to try for 60 days to resolve it informally. If you and Elevate Security can’t, you and Elevate Security agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties.
7. Entire agreement
This agreement, and any other terms Elevate Security may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
8. Governing law
This Agreement will be governed by the laws of the State of California, USA, exclusive of its rules governing choice of law and conflict of laws. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. All disputes arising out of the Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts of San Francisco County, California, USA, and the parties hereby consent to the personal jurisdiction of these courts.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. ELEVATE SECURITY GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, ELEVATE SECURITY EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. IN NO EVENT WILL ELEVATE SECURITY BE LIABLE FOR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, LOST OR DAMAGED DATA, LOST PROFITS OR LOST REVENUE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF A PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY THEREOF. UNDER NO CIRCUMSTANCES WILL ELEVATE SECURITY'S LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED US $1.00.