Last update: 05 Dec 2023
This Services Agreement (“Agreement”) is entered into as of the Effective Date between: (1) PtMate Cybersafe Technologies LTD with registered office at Hartom 10 Jerusalem Israel, and registered number 515874782(“Cybersafe Technologies LTD”); (2) The Customer as identified in the Order (“Customer”). Background: A. PtMate has developed a vulnerability scanner software products which it makes available to customers on a SaaS basis, to enable the Customer to find cybersecurity weaknesses in their digital Application. B. The Customer wishes to use PtMate services for its internal business purposes. C. PtMate has agreed to provide, and the Customer has agreed to take and pay for, PtMate services subject to the terms and conditions of this Agreement. 1. Definitions 1.1 In this Agreement, the following words will have the following meanings:
- “Agreement”: these terms and conditions together with the Order, schedules, annexes, and all other documents referred to herein;
- “Business Day”: any day which is not a Saturday, a Sunday, or a bank or public holiday in UK;
- “Confidential Information”: information, whether disclosed orally, in writing, or by electronic means, including commercial, financial, marketing, or technical information, that is secret or not publicly available;
- “Customer User”: any employee, agent, contractor, and/or consultant of the Customer who uses the Services on behalf of the Customer;
- “Effective Date”: the date that the Order is accepted by PtMAte;
- “End Customers”: the end customers of the Customer on behalf of whom the Customer may use the Services;
- “Fees”: the fees for the Services as specified in the relevant Plan;
- “Force Majeure”: any event outside the reasonable control of either Party affecting that Party’s ability to perform its obligations under this Agreement;
- “Intellectual Property Rights”: any and all rights in and to patents, copyrights, databases, designs, trademarks, service marks, domain names, know-how, and other intellectual property rights;
- “PtMate Portal”: the online portal through which the Customer and Customer Users can manage their Target Systems and view their security Weaknesses;
- “Order”: the specific order for Services as accepted by PtMate during the relevant sign-up process;
- “Party” or “Parties”: PtMate and/or the Customer as the context may require;
- “Plan”: the relevant plan (Essential, Pro, Verified, or other plan) as made available by PtMate, including in relation to the specified number of Target Systems, and the relevant related Fees and Term as specified in the relevant Order.
- “Platform”: the PtMate software platform, including the PtMate Portal, via which the Services are made available;
- “Platform Data”: all usage and/or statistical or other data, information, learnings, or know-how related to and/or derived from the use of the Platform by customers and users, only in anonymized and aggregated form;
- “Services”: the services to be supplied by PtMate under this Agreement, in accordance with the relevant Plan, as identified in the Order;
- “Service Specification”: the specification of the Services set out as updated and amended from time to time by PtMate ;
- “Target System”: an individual computer system as identified by the IP address, hostname, or other unique identifier assigned to it;
- “Term”: the monthly or annual period set out in the relevant Plan or Order;
- “Weakness”: a particular configuration, software patch level, or application code deployment perceived as likely to reduce or undermine the security of a Target System.