Terms of Service

Last Updated October 02, 2021

These Terms of Service govern your access to and use of cubelyzer.com (our “Site”) and our products and services (collectively, the "Service"), and any information, text, graphics, URLs, files, photos or other materials uploaded, downloaded or appearing on the Service ("Samples"). Any reference to “you” or “your” means you as a user of the Service, any reference to “we”, “us”, “our” or “Cubelyzer” is to Cubelyzer.

Restrictions on Your Use of the Service

You agree that you may not use or attempt to:

• Use the Service in any way that breaches any applicable local, national, or international law or regulation.

• Use the Service in any way which could infringe the rights or interests of Cubelyzer, the Community or any third party, including for example, to prove or disprove a concept or discredit, or bait any actor in the anti-malware space.

• Transfer any rights granted to you under the Terms.

• Use the Service for any illegal activity or output, or in any way that exposes Cubelyzer, you, members of the Community or our Partners to harm.

• Engage in any activity that could damage, overload, harm or impede the normal functioning of the Service.

• Obtain or use any Samples except as specifically permitted by the Service or use or attempt to use the Service to mine information in any way that could identify individual persons in their private capacity, attempt to access or misappropriate content contained in any Sample, or otherwise use the Service or Samples for any purpose other than to detect and prevent malware in a non-commercial personal or organizational capacity.

• Attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

• Attack, or attempt to attack our Site via a denial-of-service attack or a distributed denial-of service attack.

Safe Participation in the Cubelyzer

You must be 18 years or older to use the Service. You represent and warrant that you are at least 18 years old and of legal age to form a binding contract. While Cubelyzer has commercial relationships with select members of the Community (organizations, institutions and Partners) public access to the Cubelyzer Site is only available free of charge.

Cubelyzer offers certain functionality that may require the creation of a personal account (e.g. to participate in the Cubelyzer Community). You promise to provide us with accurate, complete and updated registration information. Depending on the information provided in the registration and profile building process, your account may uniquely identify you. Any comment, post or other activity you engage in with the Community when using your account will generate content attributed to you (“Content”).

To the extent you use any password/keys/credentials to access the Service, you are exclusively responsible for generating unique and complex credentials, safeguarding them, and for any activities or actions taken on the Service using such credentials. You may not transfer your account to anyone else.

Sample & Community Content Guidelines

To the extent you elect to contribute any Sample to the Community, you confirm that all content contained in the Sample complies with these Terms and our Privacy Policy, that you are either the original owner of the Sample you submit or that you have the necessary rights and permissions to irrevocably contribute the Sample and share it, and information about it, with the Community.

You understand that if you submitting any Sample, the Sample is immediately shared for review by the Service’s Partners, and the resulting intelligence report is shared with you and, and with the Partners, which use the results to improve their own systems. As such, by contributing a Sample, you are contributing to the effort to raise global IT security levels.

While you retain any ownership rights in the original material contained in the Sample, when you upload or otherwise submit a copy of the Sample, you give Cubelyzer (and those we work with) a worldwide, royalty free, irrevocable and transferable licence to use, edit, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all content contained in the Sample.

YOU FURTHER AGREE THAT YOU WILL ONLY UPLOAD SAMPLES THAT YOU WISH TO PUBLICLY SHARE AND THAT IN ANY CASE, YOU WILL NOT KNOWINGLY SUBMIT ANY SAMPLE TO THE SERVICE THAT CONTAINS CONFIDENTIAL OR COMMERCIALLY SENSITIVE DATA OR PERSONAL DATA OF ANY INDIVIDUAL WITHOUT LAWFUL PERMISSION.

Although we have no obligation to monitor use of the Service, user Content or any Samples, we may monitor the Service to detect and prevent fraudulent activity or violations of these Terms and retain absolute discretion to remove Samples, Content or users from the Service at any time and for any reason without notice. At the same time, to promote the security of the Community and information sharing accountability, accounts and Samples contributed by the Community (for example, comments, posts, etc.) generally will not be removed from the Service, unless they are illegal, violate the lawful rights of an individual, serve any other unethical/malicious purpose, or otherwise violate these Terms.

IF YOU DO NOT WANT TO PUBLICLY SHARE A SAMPLE IN THE MANNER SET OUT IN THESE TERMS OR IN THE PRIVACY POLICY, DO NOT SEND IT/CONTRIBUTE IT TO THE SERVICE AS THE SERVICE IS DESIGNED TO WORK THROUGH THE COLLECTIVE AGGREGATION AND SHARING OF THREAT-INTELLIGENCE WITH AND THROUGH THE COMMUNITY.

If you think someone is infringing your copyright, you can send us a notice of claimed infringement at [email protected], and we’ll take appropriate action. Cubelyzer policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

Our Rights

Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, CUBELYZER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Service or any third-party content or websites accessed through, or in any way in conjunction with, the Service.

Our Service may contain links to third-party websites or resources, which in turn may contain comments and/or posts with non-anchored linked URLs. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cubelyzer of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources and acknowledge that user comments on URLs and Samples in the Service, on the Site, and through connected third-party resources, may contain URLs/links leading to malware. CUBELYZER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY WEBSITES, PRODUCTS OR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Except as may be required by law and as set forth in our Privacy Policy, you further understand and agree that Cubelyzer has no responsibility or liability for the deletion of, or the failure to store or transmit, any Sample, Content, other materials or communications maintained by the Service.