Terms & Conditions

About these terms

This website is operated by CyberWhy ("CyberWhy", "we", "us"), Dubai Silicon Valley, Dubai, United Arab Emirates. By accessing or using this website you agree to these terms. If you do not agree, please do not use the website.

Where we provide services to you, these terms apply together with the proposal, statement of work or agreement for that engagement (the "Engagement Terms"). If the Engagement Terms and these terms conflict, the Engagement Terms prevail.

Using the website

You may use this website for lawful purposes and to learn about us and contact us. You must not:

• use the website in a way that breaks any applicable law or infringes the rights of others;
• attempt to gain unauthorized access to the website, its servers or related systems, or interfere with their operation or security;
• run scans, penetration tests, load tests, scrapers or other automated attacks against the website without our prior written permission;
• introduce malware or send unsolicited or misleading content through the contact form;
• copy, resell or exploit the website's content except as these terms permit.

We may suspend or restrict access to the website at any time, for example for maintenance or security reasons.

Information on this website

The website describes our services in general terms for information only. It is not an offer, a quotation, professional, legal or compliance advice, and it does not create a client relationship. The industry scenarios shown are illustrative and are not CyberWhy client engagements. We try to keep the content accurate and current, but we do not guarantee that it is complete or free from errors.

References to standards and laws such as ISO 27001, GDPR or NIST describe the subject of our guidance. Guidance toward a standard is not certification, which is awarded by accredited bodies, and nothing on this website is legal advice.

Our services

We provide penetration testing, vulnerability assessment, incident response and forensics, cyber security consulting, system protection and security awareness training. The scope, deliverables, schedule and fees of each engagement are set out in its Engagement Terms. We provide services with reasonable skill and care, using suitably qualified personnel.

We may change how we deliver a service, provided that this does not materially reduce what was agreed. Changes to the agreed scope are made in writing.

Authorization and client responsibilities

Security work involves access to systems and information. Before we start, you must:

• confirm in writing that you own the systems in scope or are authorized to have them tested, assessed or investigated, and that you have the right to give us access to them and to any data on them;
• obtain every permission needed from third parties, such as hosting, cloud and software providers, and from your own employees and customers where required;
• give us accurate information and the access, contacts and assistance we reasonably need, on time;
• make sure that backups and recovery arrangements exist for the systems in scope;
• tell us about systems that are fragile or critical so we can agree how to handle them.

We only carry out work within the agreed scope and rules of engagement. You are responsible for the consequences of an incorrect or missing authorization.

Nature of security work

Security testing and investigation use real techniques and tools that can affect the systems they are directed at. Even with careful planning, there is a risk of disruption, slowdown, data changes or unavailability. You accept this risk for the scope you authorize. We take reasonable steps to reduce it and will tell you promptly if we see an issue.

No security service can find every weakness or prevent every incident. Results reflect the state of the systems at the time and within the scope and time we had. We do not guarantee that your systems are or will remain secure, free of vulnerabilities, or compliant with any law or standard.

Confidentiality

Each party must keep the other's non-public information confidential, use it only for the engagement, and protect it with at least the care it applies to its own confidential information. This does not apply to information that is public through no fault of the recipient, was already known to the recipient, was independently developed, or must be disclosed by law or by a court or authority. In that case, the recipient will inform the other party where the law permits. These obligations continue after the engagement ends. The details of the engagement, including findings and reports, are confidential to you and to us.

Personal data

We handle personal data as described in our Privacy Policy and in line with applicable data protection law. If we process personal data on your behalf in an engagement, the Engagement Terms will describe that processing and each party's responsibilities.

Fees and payment

Fees are set out in the Engagement Terms. Unless stated otherwise, fees exclude value added tax and other applicable taxes, which you pay in addition where they apply. Invoices are payable within the period stated on the invoice or in the Engagement Terms. We may charge interest on late payments as the law permits and suspend work if an undisputed amount stays unpaid after notice. Agreed expenses are payable in addition.

Intellectual property

The website and its content, including text, graphics, logos, designs and software, belong to CyberWhy or its licensors and are protected by intellectual property laws. You may view and print pages for your own use. Any other use needs our written permission.

Deliverables we create for you in an engagement, such as reports, are provided for your internal use. You get the rights described in the Engagement Terms. We keep our pre-existing tools, methods, know-how and general knowledge, and nothing in these terms transfers them to you.

Disclaimer

To the fullest extent the law permits, this website and its content are provided "as is" and "as available", and we exclude all warranties, express or implied, including fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. This does not limit any warranty that the law does not allow to be excluded.

Limitation of liability

Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, intentional misconduct or gross negligence.

Subject to that, and to the fullest extent the law permits:

• we are not liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data, however caused;
• our total liability arising out of or in connection with an engagement, whether in contract, tort (including negligence) or otherwise, is limited to the amount stated in the Engagement Terms, or, if none is stated, to the fees you paid us for the services that gave rise to the claim;
• because the website is provided free of charge, we are not liable for loss arising from your use of it or from reliance on its content;
• we are not liable for loss or damage caused by your failure to implement our recommendations, by inaccurate information or inadequate authorization from you, or by events outside our reasonable control.

Your responsibility for claims

You agree to indemnify and hold CyberWhy harmless against claims, losses and reasonable costs brought by third parties and arising from (a) your lack of authorization to have a system tested, assessed or investigated, (b) your breach of these terms or the Engagement Terms, or (c) your misuse of this website, in each case to the extent permitted by law.

Third-party links and services

The website may link to or rely on third-party websites and services. We do not control them and are not responsible for their content, availability or practices. Linking does not imply endorsement.

Compliance with laws

Each party will comply with the laws that apply to its performance, including anti-bribery, sanctions, export-control and data protection laws. We may decline or stop work if it would breach the law or if we reasonably suspect that it would be used for an unlawful purpose, including unauthorized access to systems or data.

Suspension and termination

We may suspend or end your access to the website at any time. An engagement ends as set out in its Engagement Terms. Either party may end an engagement by written notice if the other materially breaches it and does not fix the breach within a reasonable period after notice. Terms that by their nature should survive termination, including confidentiality, intellectual property, payment, liability and governing law, continue to apply.

Events outside our control

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, strikes, power or internet outages, failures of third-party providers and government action. The affected party will inform the other and take reasonable steps to resume performance.

Changes to these terms

We may update these terms from time to time. The version on this page with its "last updated" date applies to your use of the website from that date. Changes to Engagement Terms need to be agreed in writing.

Governing law and disputes

These terms and any dispute arising from them or from the use of this website are governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applied in Dubai. The courts of Dubai, United Arab Emirates, have exclusive jurisdiction, unless the Engagement Terms provide for another forum, such as arbitration. We would like to resolve concerns informally first, so please contact us before starting formal proceedings.

General

These terms, together with the Engagement Terms and our Privacy Policy, are the entire agreement between you and us about their subject matter. If any provision is found invalid or unenforceable, the rest stays in force. A failure to enforce a right is not a waiver of it. You may not assign your rights or obligations without our written consent, and we may assign ours to a successor of our business. Notices to us should be sent to info@cyberwhy.com. The English version of these terms prevails over any translation.

Contact

Questions about these terms: info@cyberwhy.com, CyberWhy, Dubai Silicon Valley, Dubai, United Arab Emirates.