Terms of Service
These Terms of Service ("Terms") are a binding agreement between you ("you" or "Customer"), as an individual or on behalf of an organization, and Secriq LLC, a Wyoming limited liability company doing business as secriq ("secriq," "we," "us," or "our"). They govern your use of secriq.com and our security awareness and human risk management services, software and related materials (the "Services"). Our principal place of business is 1621 Central Ave, Suite 69275, Cheyenne, WY 82001.
By creating an account, signing an order form, or using the Services, you agree to these Terms. If you do not agree, do not use the Services. You must be at least 18 years old, and if you accept these Terms for an organization, you confirm you have authority to bind it.
1. Definitions
- "Account" means the account created to use the Services.
- "Customer Data" means data you or your users provide to the Services, including names, work email addresses, roles and group assignments.
- "Users" means the people your organization enrolls in the Services.
- "Order Form" means an ordering document, checkout or plan selection that identifies the Services, fees and term.
- "Documentation" means guides and materials we provide about the Services.
- "Personal Data" has the meaning given in our Privacy Policy.
2. The Services
2.1 What we provide. We provide cloud-based security awareness training, simulated phishing, policy management, dark web monitoring and human risk reporting through a web-based platform.
2.2 Availability. We use commercially reasonable efforts to keep the Services available, but we do not promise uninterrupted or error-free service. We may perform maintenance and will try to give notice of planned downtime that is likely to affect you.
2.3 Requirements. You need a compatible device, an internet connection and a modern web browser with JavaScript enabled.
2.4 Changes. We may update, improve or discontinue features. If we remove a material feature you pay for, we will give reasonable notice.
2.5 Third-party services. The Services may work with or link to third-party products. We are not responsible for them, and their own terms apply.
2.6 Simulated phishing authorization. You authorize us to send simulated phishing emails and related test messages to your Users. You confirm that you have the right to do so, that you will give any notice to employees that the law or your policies require, and that you will not use simulations to harass, discipline unfairly or target individuals unlawfully. You are responsible for allowing our sending addresses through your email filters if you want simulations delivered.
2.7 No guarantee of results. Security awareness training and simulations reduce risk but cannot eliminate it. We do not guarantee that your organization will avoid any security incident or achieve any particular result, score or improvement.
2.8 Dark web monitoring. Monitoring results rely on information available from third-party and public sources. We do not guarantee that every exposure will be found, and findings may include information that is incomplete or out of date.
3. Accounts
3.1 Registration. Parts of the Services may be used without an account. Paid Services require one. You must give accurate, current and complete information and keep it updated.
3.2 Security. You are responsible for keeping your credentials confidential, for activity under your Account, and for telling us promptly of any unauthorized access.
3.3 Suspension. We may suspend or terminate an Account if you violate these Terms, give false information, engage in fraudulent or illegal activity, or fail to pay fees when due.
4. Acceptable use
4.1 License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.
4.2 Restrictions. You will not:
- use the Services for any unlawful purpose;
- try to gain unauthorized access to our systems or networks;
- interfere with or disrupt the Services;
- reverse engineer, decompile or disassemble any part of the Services;
- use automated means to access the Services without our written permission;
- transmit viruses, malware or other harmful code;
- impersonate any person or misrepresent your affiliation; or
- resell or provide the Services to third parties without our written agreement.
4.3 Compliance. You are responsible for your use of the Services complying with the laws that apply to you, including employment and privacy laws.
5. Your data
5.1 Ownership. You keep ownership of your Customer Data.
5.2 License to operate the Services. You give us a limited license to use, process and store Customer Data only to provide, secure, support and improve the Services and as these Terms allow.
5.3 Your responsibility. You confirm you have the right to provide Customer Data to us and that doing so complies with applicable law.
5.4 Privacy. We handle Personal Data under our Privacy Policy, which is part of these Terms. A data processing agreement is available to business customers on request.
5.5 Retention. We keep Customer Data while your Account is active. After termination we delete or return it within 30 days, unless the law requires us to keep it longer.
6. Intellectual property
6.1 Our rights. We and our licensors own all rights in the Services, including software, content, training materials, reports, trademarks and Documentation. No rights are granted to you except as stated in these Terms.
6.2 Trademarks. secriq and our logos are our property. You may not use them without our written permission.
6.3 Feedback. If you give us suggestions or feedback, we may use them without restriction or payment to you.
6.4 Copyright complaints. If you believe content on the Services infringes your copyright, email engage@secriq.com with details, and we will review it.
7. Fees and payment
7.1 Fees. You agree to pay the fees in your Order Form or the plan you select. All payments are in U.S. dollars, and you authorize us to charge your payment method. You must give accurate payment information.
7.2 Billing. Monthly plans are billed monthly in advance. Annual plans are billed annually in advance. Some plans have minimum monthly fees or user minimums, which are stated at purchase.
7.3 Price changes. We may change prices for existing customers with at least 30 days' notice. The change takes effect at your next renewal after the notice period.
7.4 Taxes. Fees do not include applicable taxes unless we say so. You are responsible for any taxes, other than taxes on our income.
7.5 Refunds. Payments are non-refundable, including annual plans paid in advance and partial months, except where required by law or stated in an Order Form.
7.6 Late payments. Overdue amounts may bear interest at 1.5% per month or the maximum the law allows, whichever is lower. We may suspend the Services for non-payment after notice.
8. Subscriptions and cancellation
8.1 Automatic renewal. Subscriptions renew automatically at the end of each billing period unless cancelled.
8.2 Monthly plans. You may cancel a monthly plan at any time through your Account settings or by emailing engage@secriq.com. Cancellation takes effect at the end of the current billing period, and you keep access until then.
8.3 Annual and enterprise plans. Annual and enterprise plans run for the term in your Order Form. To stop renewal, cancel before the renewal date. We recommend giving us notice at least 30 days before renewal.
8.4 Promotions and pilots. From time to time we may offer promotional or pilot access under separate written terms. Those terms control for the pilot period.
9. Warranties and disclaimers
9.1 Mutual. Each party confirms that it has the legal capacity to enter into these Terms and that doing so does not breach any other agreement it is bound by.
9.2 Our service warranty. We will provide the Services with reasonable skill and care.
9.3 Disclaimer. EXCEPT AS STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICES WILL PREVENT ANY SECURITY INCIDENT.
10. Limitation of liability
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA OR GOODWILL.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.
10.3 Exceptions. These limits do not apply to breach of confidentiality obligations, infringement of the other party's intellectual property rights, your indemnification obligations, or gross negligence or willful misconduct.
11. Indemnification
You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the Services in violation of these Terms or the law, or your instructions to send simulated phishing to Users without proper authority.
12. Term and termination
12.1 Term. These Terms start when you first access the Services and continue until terminated.
12.2 By you. You may stop using the Services and cancel your subscription as described in Section 8.
12.3 By us. We may terminate for violations of these Terms, with notice where practical, or for convenience on 30 days' notice, in which case we will refund any prepaid fees for the period after termination.
12.4 Effect. When these Terms end, your access ends, and we will delete or return Customer Data as described in Section 5.5.
12.5 Survival. Sections 5.5, 6, 7 (for unpaid amounts), 9, 10, 11, 13 and 15 survive termination.
13. Governing law and disputes
13.1 Governing law. These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of law rules.
13.2 Informal resolution. Before starting formal proceedings, the parties will try in good faith to resolve a dispute informally for 30 days after written notice.
13.3 Arbitration. Any dispute not resolved informally will be settled by binding arbitration in Cheyenne, Wyoming, administered by the American Arbitration Association under its Commercial Arbitration Rules. Either party may bring an individual claim in small claims court, and either party may seek court orders to protect its intellectual property or confidential information. Claims must be brought individually, and not as part of a class or representative action.
13.4 Courts. For any matter that goes to court, you consent to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming.
14. Compliance
14.1 Export. You will not use or export the Services in violation of U.S. export laws or to any country or person subject to U.S. embargoes or sanctions.
14.2 Industry rules. The Services can support your compliance programs, but you are responsible for meeting the legal and regulatory requirements that apply to your organization. They are not legal advice.
14.3 Accessibility. We work to make our site usable by everyone. If you have trouble accessing any part of it, contact us at engage@secriq.com and we will help.
15. General
- Entire agreement. These Terms, our Privacy Policy, our Cookie Policy and any Order Form are the whole agreement between us about the Services.
- Changes. We may update these Terms. We will post the new version here with a new date, and for material changes we will email Account holders. Using the Services after the effective date means you accept the update.
- Severability. If a provision is unenforceable, the rest stays in effect.
- Assignment. We may assign these Terms in connection with a merger, acquisition or sale of assets. You may not assign them without our written consent.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Notices. We may send notices to the email address on your Account or post them on our website. Send notices to us at engage@secriq.com.
- No waiver. Failing to enforce a provision is not a waiver of it.
- Independent parties. We are independent contractors, and these Terms create no partnership, joint venture or agency.
16. Contact us
Secriq LLC
Email: engage@secriq.com
Address: 1621 Central Ave, Suite 69275, Cheyenne, WY 82001