KnowBe4.com Privacy Policy And Terms Of Service - Updated April 7, 2017

Thank you for visiting KnowBe4. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for websites owned and operated by KnowBe4, Inc. If you link to other web sites, please review the privacy policies posted at those sites.

Collection of Information
We collect personally identifiable information of what we call ‘Account Owners” (people that open an account at the KnowBe4 website so that they can run a Phishing Security Test), like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information Account Owners provide is used for two purposes: 1) To fulfill your specific request, and 2) to keep you up to date about cybercrime via our CyberheistNews. Account Owners upload lists of email addresses of their users to send the Phishing Security Test (PST) to. These lists of email addresses are only used for the PST and nothing else. They are not added to any mailing list, never used for marketing purposes, and can be anonymized after a limited amount of days at your request. In certain situations, in simulated attacks, employees are asked to enter potentially confidential information in landing pages or leave confidential information via the keypad of their phone in the case of vishing. KnowBe4 does not store the actual data people enter on these pages or via the phone, we only track they have entered x-amount of characters in that field. In other words, these fields are never stored in our databases and cannot be retrieved even if we wanted to. 

Cookie/Tracking Technology
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Distribution of Information
We may share information with governmental agencies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Privacy Contact Information
If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:

By e-mail: privacymanager@knowbe4.com
By Phone: 855-566-9234

We reserve the right to make changes to this policy. Any changes to this policy will be posted.


 

Terms of Service

KnowBe4.com and kb4compliance.com and all of their subdomains and aliases (the “Web Site” or “Web Sites”), are sites owned and operated by KnowBe4, Inc.. (referred to herein as “KnowBe4”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Service or Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor of this Web Site.

Agreement

Please read these Terms of Use carefully. Your access to and use of this Web Site and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Web Site (collectively, “Materials”) are subject to all applicable laws, rules and regulations and to all of the terms and conditions set forth in these Terms of Use.

By accessing or using this Web Site, you agree to be bound by these Terms of Use. If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this Web Site and cease use of all Materials, as you are not permitted to access or use this Web Site or such Materials.

These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Web Site. You should always review these Terms of Use prior to your access or use of the Web Site or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Web Site following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by e-mail upon request.

YOUR ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS.

Product & Services Information

All references on this Web Site to information, materials, products and/or services apply to information, materials, products and services available in the countries or jurisdictions specified only with respect to such information, materials, products and/or services only, unless otherwise stated. Nothing in this Web Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Web Site is for information purposes only.

Ownership and Permitted Use of Materials

Unless otherwise indicated and except for materials in the public domain, this Web Site and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through, this Web Site are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of KnowBe4 and/or its third-party licensors. ALL RIGHTS RESERVED.

The posting, display or other provision of any Materials on this Web Site shall not constitute a waiver of any right or interest of KnowBe4 and/or its third-party licensors in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use or the Web Site shall be construed as conferring by implication, estoppel or otherwise any license, interest or right in or to the Materials under any copyright, trademark or proprietary rights of KnowBe4 or of any third party. Further, except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.

Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access this Web Site and/or Materials made available on or through this Web Site; and (b) display, download, archive and print in hard copy portions of this Web Site for your personal, non-commercial and informational use only, provided that, you do not: (a) modify the Materials (or any portion thereof), (b) use the Web Site and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) use the Web Site to interfere, disrupt or attempt to gain unauthorized access to the Materials, other KnowBe4 accounts, any restricted portions of the Web Site or any computer network or equipment; (e) use any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the Web Site); (f) frame or otherwise simulate the appearance or functions of the Web Site (or any portion thereof); and/or (d) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Materials or on the Web Site (and any printouts thereof). The foregoing permission is for the sole purpose of enabling you to use the Web Site and enjoy the benefit of the Materials as provided on the Web Site, in the manner permitted by these Terms of Use. We may modify the Materials from time to time, and, you are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the Materials, and, if requested by us, certify to us in writing that you have complied with the foregoing.

Violations

It is the policy of KnowBe4 to provide for the termination, in appropriate circumstances, of KnowBe4 customers and account holders who repeatedly violate these Terms of Use.

Disclaimer of Endorsement

Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Web Site by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of KnowBe4 concerning the significance, priority or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by KnowBe4, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by KnowBe4.

Minors

This Web Site is a business and commercial site. As such, it is not intended for children or minors. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into and to abide by and comply with these Terms of Use.

User-Generated Content

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.
You may from time to time be permitted to post content on the Web Site, submit e-mails or otherwise provide content to us in connection with your use of the Web Site or Materials (“User-Generated Content”). Any communication or material you post on the Web Site or transmit to us over the Internet is, and will be, treated as non-confidential and non-proprietary and is and will be solely your responsibility. Upon the transmission of any User-Generated Content to us, you expressly and hereby grant us perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice or obligation to you, subject to our Privacy Policy. We are not required to use or return any User-Generated Content submitted to us. You represent and warrant that you own or otherwise control all rights, including, but not limited to, copyrights, in and to any such User-Generated Content, that all moral rights in and to any such User-Generated Content have been waived, and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.

The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Web Site.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us in connection with your use of this Web Site will be handled in accordance with our Privacy Policy.

Statements on Web Site

The documents contained on (or directly accessible from) this Web Site may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that KnowBe4 or its management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon.

There are a number of important factors that could cause KnowBe4’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE, THE MATERIALS AND ANY WEB SITE WITH WHICH THIS WEBSITE IS LINKED. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEB SITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEB SITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEB SITE AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY THIRD-PARTY LICENSOR WILL BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEB SITE OR ANY MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Your use of the Web Site and the Materials is at your sole risk. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, this Web Site or the Materials or any web site with which this Web Site is linked. If you are dissatisfied with the Web Site or any Materials, your sole and exclusive remedy shall be to discontinue use of the Web Site and Materials and terminate these Terms of Use in accordance with its terms. To the maximum extent permitted by law, in no event shall KnowBe4’s or any third-party licensor’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited, to negligence) or otherwise) exceed in the aggregate the amount paid by you, if any, for accessing the Website or Materials.

Indemnity and Release

You agree to defend, indemnify, release and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to (a) your breach or violation of these Terms of Use; (b) your access or use of this Web Site or any of the information, materials, products or services made available on or through this Web Site; (c) any infringement or misappropriation by you of any intellectual property or other rights of KnowBe4 or any third party; or (d) any negligence or willful misconduct by you.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Web Site (or any portion thereof) and/or the information, materials, products and/or services made available on or through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.

Termination and Survival

These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the Web Site and Materials and by destroying all materials that you have saved, printed or downloaded from the Web Site. Notwithstanding any of the terms and conditions contained herein, we reserve the right, without notice and in our sole discretion, to terminate your permission to use the Web Site, and to block or prevent future access to and use of the Web Site and Materials. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination of these Terms of Use will survive such termination or expiration.

Entire Understanding

These Terms of Use contain the entire understanding between you and KnowBe4 with respect to this Web Site and your use and access of this Web Site and of any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Web Site. Any other representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and KnowBe4, either prior or contemporaneous, relating thereto, not contained herein, are expressly made null and void, unless signed in writing by KnowBe4. For the avoidance of doubt, you agree that any terms and conditions provided in any Service Order or other document delivered to KnowBe4 by you in connection with the Services shall in no way supersede the terms and conditions of this Agreement and are hereby declared null and void, unless signed in writing by KnowBe4. Should there be a conflict between these Terms of Use and any written and signed agreement between KnowBe4 and any customer, the terms of such written and signed agreement shall control. Should any part of these terms for any reason be declared invalid, void or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by KnowBe4 of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).

Applicable Law & Jurisdiction

While KnowBe4 provides global products and services, our operations are located in Clearwater, Florida with AWS data centers geographically spread worldwide, and these Terms of Use are based on United States law. Access to, or use of, this Web Site or any information, materials, products and/or services made available on or through this Web Site may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this Web Site. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that these Terms of Use are made and partially performed in the State of Florida, and that the state courts located within Pinellas County, Florida and the federal district court in the Middle District of Florida located in Tampa, Florida, without giving effect to any principles of conflicts of law, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to your access and use of this Web Site, and that the laws of the State of Florida shall govern such dispute or claim. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purposes of litigating any such action, and waive any defenses of lack of minimum contacts or forum non conveniens. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.

The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.

KnowBe4 compliance with Safe Harbor

KnowBe4 complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. KnowBe4 has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Here is a direct link to KnowBe4’s Safe Harbor record: https://safeharbor.export.gov/companyinfo.aspx?loc=swiss&id=32209

Compliance with EU Protection of Personal Data (Directive 95/46/EC)

KnowBe4 complies with the EU Protection of Personal Data Directive as set forth by the Directive 95/46/EC Article 29 Working Party. KnowBe4 operates a separate instance of its application in an EU datacenter for customers wishing to have their data reside within an EU approved country. Some data subprocessors in use by KnowBe4 only offer services within the US. A listing of these subprocessors can be provided upon signing a mutual non-disclosure agreement. Any requests from users of the KnowBe4 applications who seek access, or who seek to correct, amend, or delete inaccurate data may do so directly by logging in to the appropriate application or by contacting the KnowBe4 application administrator for their organization.

Dispute Resolution

KnowBe4 participates in the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks as set forth by the United States Department of Commerce. As part of our participation, KnowBe4 has agreed to the American Arbitration Association Dispute Resolution Requirements for disputes relating to our compliance with Safe Harbor.

KnowBe4 is committed to resolving any disputes that may arise by internal investigation and resolution of the issue. Should KnowBe4’s efforts to resolve an issue be unsuccessful, KnowBe4 will facilitate the resolution of such disputes including the submission of disputes to an independent party.

KnowBe4 participates in the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks as set forth by the United States Department of Commerce. As part of our participation, KnowBe4 has agreed to the American Arbitration Association Dispute Resolution Requirements for disputes relating to our compliance with Safe Harbor. If you have complaints regarding our compliance with the Safe Harbor you should first contact Stu Sjouwerman via email at safeharbor@KnowBe4.com or at KnowBe4’s offices at 33 N Garden Ave, Suite 1200, Clearwater, FL 33755. If after contacting us your complaint is not resolved, you may then raise your complaint by contacting American Arbitration Association (“AAA”) Dispute Resolution Services Worldwide – Case Filing Services http://www.adr.org/drs by email [casefiling@adr.org], by fax at (877) 495-4185, or mail at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08032. If you are faxing or mailing AAA to lodge a complaint, you must include the following information: KnowBe4, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaints shared with KnowBe4. For information about AAA or the operation of AAA’s worldwide dispute resolution process, please visit AAA http://www.adr.org/drs or request this information from AAA at any of the addresses listed above. The AAA dispute resolution process will be conducted in English.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at KnowBe4 Inc., 33 N Garden Ave, Suite 1200, Clearwater, FL 33755 or email us at “support at KnowBe4.com”.


 

KnowBe4, Inc. EZXploit Feature Service Agreement

This KNOWBE4, Inc. Service Agreement (this "Agreement") is by and between KNOWBE4, Inc. ("KNOWBE4"), and you. This Agreement sets forth the terms and conditions pursuant to which KNOWBE4 provides you with EZXploit functionality, along with all other services for which you subscribe (collectively, "Services").

  1. Term of Agreement.

The term of this Agreement shall begin on the date you order KNOWBE4's EZXploit functionality by entering into a service order, Quote/Order or other similar purchase order (each, a "Service Order"), and shall continue in full force and effect while any such Service Order remains in effect and/or while KNOWBE4 continues to provide you any such Services. 

  1. Your Obligations.

During the term of this Agreement you shall: (a) comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the KNOWBE4's Services; (b) not create or activate duplicate accounts; (c) pay all sales or use taxes as billed by KNOWBE4; and (d) pay all other local, state or federal taxes arising out of your use of Services (excluding any income taxes) and provide KNOWBE4 with written proof of payment upon request. If you fail to pay any such taxes, KNOWBE4 may at its option, pay the applicable taxes, charges and fees, and you will reimburse KNOWBE4 for those payments.

  1. Your Payment Obligations.

You shall be billed the fees for KNOWBE4's Services based on the payment option set forth in the Service Order or otherwise approved at the time of your initial on-line sign up with KNOWBE4. If your credit card is not valid, in the event you are paying by credit card, or if payment is not made for any reason, then you will be considered in default under this Agreement. If any payment due to KNOWBE4 under this Agreement is not paid when due, then, in addition to any accrued and unpaid fees, you shall pay interest on the past due amount on a daily basis from the due date until the date paid at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law. You shall also pay KNOWBE4 all collection expenses incurred by KNOWBE4, including costs and reasonable attorneys' fees, whether or not KNOWBE4 is required to commence formal legal action under this Agreement.

  1. Terms and Conditions for KNOWBE4 EZXploit functionality.

The following terms and conditions shall apply only to the extent you, as part of the Services, subscribe to KNOWBE4's EZXploit functionality. In such an event, you must comply with the following additional terms and conditions:

  1. Authorization to Perform EZXploit scans. You authorize and grant access to KNOWBE4 to perform the EZXploit scans on your computer systems. You are solely responsible for ensuring compliance with any applicable laws and regulations relating to the EZXploit functionality.
    1. Scans may be performed by KNOWBE4 to gather data from any workstation in your organization where a user clicks through a social engineering test. Scans may cause malfunctions or crashes of that computer system. As a result, you acknowledge that these scans pose certain risks to your computer system. YOU HEREBY WAIVE ANY COSTS, DAMAGES, OR EXPENSES ASSOCIATED WITH THESE RISKS AND HOLD KNOWBE4 HARMLESS WITH RESPECT TO SUCH COSTS, DAMAGES, OR EXPENSES.
    2. Without limiting the foregoing, you agree to the following: (i) possible generation of log messages (causing log file disk space usage); (ii) temporary degradation of the performance of your computer system, routers, and/or firewalls; (iii) temporary hanging or crashing of your computer system; (iv) your sole liability for any and all risks, including the consequences of a system failure, caused by KNOWBE4's scans; (v) the triggering of your computer system's alarms during the scans; (vi) the interception of your computer system's Internet traffic during the scans; and (vii) the waiving of any service level agreement rights or remedies during the scans.
    3. You further represent that you have all Necessary Consents and Third Party Consents (as defined in Section 6(d) below) to permit KNOWBE4 to perform the scans.
    4. Third Party Consents. If the computer system to be tested by KNOWBE4 is owned by a third party, then you agree, prior to the commencement of such Services by KNOWBE4, to do the following:
      • obtain a signed consent from the third party owner authorizing KNOWBE4's scan of their computer system and their acceptance of the terms and conditions of this Agreement (the "Third Party Consents");
      • obtain and ensure the third party owner's compliance with all of KNOWBE4's requests for information;
      • immediately inform KNOWBE4 of any change in ownership of any computer system identified by the IP addresses provided to KNOWBE4 by you for the scan; and
      • be solely responsible for communicating any risks, exposures, and vulnerabilities uncovered on the scanned computer systems to the third party owner, and ensure that the third party owner takes all appropriate actions.
    5. No Responsibility for Repair. Upon completion of a scan, KNOWBE4 shall have no responsibility to take any actions to repair or correct any security risks, exposures, or vulnerabilities of the IP Addresses provided by you. You shall be solely responsible for taking all appropriate actions to ensure the protection of the device involved.
    6. System Security. You acknowledge and agree that you are solely responsible for the security and confidentiality of any and all hardware and software systems and their elements. Your responsibility for such security shall include, without limitation, the obligation to protect your hardware and software systems from all natural threats, forced entry, viruses, acts of violence, acts of terrorism, and internal sabotage.
    7. Delivery of Services. KNOWBE4 is only obligated to deliver Services during the terms as outlined in the Service Order.
       5. TERMINATION.

This EZXploit scanning feature is part of your subscription to the full KnowBe4 service plan and will co-terminate with your current subscription, and has the same terms and conditions as your current agreement with KnowBe4.

  1. WARRANTIES.

KNOWBE4 warrants solely to you that (a) KNOWBE4 has the right and authority to enter into this Agreement and provide the Services to you as described in this Agreement and each Service Order; and (b) the Services will be performed in a timely, competent and professional manner in accordance with industry standards.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS THIS SECTION 6, KNOWBE4'S SERVICES ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE, ACCURACY OR FUNCTIONALITY OF KNOWBE4'S SERVICES OR ANY INFORMATION OBTAINED FROM OR PROVIDED BY KNOWBE4 OR THAT KNOWBE4'S SERVICES WILL BE ERROR FREE. KNOWBE4 DOES NOT GUARANTEE THE QUALITY OR CONDITION OF KNOWBE4'S SERVICE AND DOES NOT GUARANTEE THAT KNOWBE4'S SERVICES WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME.

LIMITATIONS ON LIABILITY; DISCLAIMERS.

YOU AGREE NOT TO HOLD KNOWBE4 LIABLE FOR ANY LOSSES RESULTING FROM KNOWBE4'S SERVICES NOT BEING AVAILABLE. FURTHERMORE, KNOWBE4 SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR ALERTS PROVIDED BY KNOWBE4.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ANY SERVICE ORDER TO THE CONTRARY, KNOWBE4 SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS. FURTHER, AND WITHOUT LIMITING THE FOREGOING, KNOWBE4 SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES THAT RESULT FROM: (I) YOUR BREACH OR VIOLATION OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF KNOWBE4.COM Sites; (III) YOUR INABILITY TO ACCESS OR USE KNOWBE4.COM Sites FOR ANY REASON; OR (IV) YOUR RELIANCE OR USE OF KNOWBE4'S SERVICES, EXCEPT TO THE EXTENT SUCH DAMAGES AROSE AS A DIRECT RESULT OF KNOWBE4'S BREACH OF THIS AGREEMENT.

YOU FURTHER AGREE THAT KNOWBE4 SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MONETARY DAMAGES IN EXCESS OF THE LESSER OF: (1) FEES PAID TO KNOWBE4 BY YOU DURING THE PRECEDING TWELVE (12) MONTHS; OR (2) ACTUAL DIRECT DAMAGES SUFFERED BY YOU. YOU UNDERSTAND AND AGREE THAT TECHNOLOGICAL INNOVATION, CONFIGURATION CHANGES, SOFTWARE UPGRADES, AND ROUTINE MAINTENANCE, AMONG OTHER PROCEDURES NECESSARY TO SERVICE AND UPDATE A COMPUTER SYSTEM, MAY CAUSE OR LEAD TO NEW AND UNIDENTIFIED SECURITY RISKS. KNOWBE4'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT DOES NOT ENSURE PROTECTION FROM ANY OF THESE NEW AND UNIDENTIFIED SECURITY RISKS. FURTHERMORE, COMPUTER HACKERS AND OTHER THIRD PARTIES ACTING IN VIOLATION OF FEDERAL, STATE, AND FOREIGN LAWS INCREASINGLY USE HIGHLY SOPHISTICATED TECHNIQUES AND TOOLS TO DISRUPT OR HARM COMPUTER SYSTEMS, RESULTING IN REGULARLY CHANGING THREATS AND CHALLENGES TO COMPUTER SYSTEMS, FROM WHICH KNOWBE4'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT CANNOT GUARANTEE PROTECTION.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR COMPUTER SYSTEM. KNOWBE4'S PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A REPRESENTATION OR WARRANTY BY KNOWBE4 REGARDING THE SECURITY OF YOUR COMPUTER SYSTEM, INCLUDING BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY REGARDING YOUR COMPUTER SYSTEM'S PROTECTION AGAINST INTRUSIONS, VIRUSES, VIRUS THREATS, OR ANY OTHER SECURITY THREATS.

  1. Your Indemnification of KNOWBE4.

You shall defend, indemnify and hold harmless KNOWBE4 and its officers, directors, shareholders, employees, independent contractors, agents, representatives, affiliates, successors and assigns (collectively, the "KNOWBE4 Indemnified Parties") from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach of any representation, warranty, covenant or agreement in this Agreement or any Service Order by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration, if required; (iii) your access or use of KNOWBE4's Services; (iv) you or your designees access or use of KNOWBE4.COM Sites under any e-mail address, username or password that may be issued to you; and/or (v) any third party claims brought against KNOWBE4 or its officers, directors, equity holders, employees, agents, or representatives arising out of (a) scans of the IP Addresses provided by you; (b) KNOWBE4's disclosure of the test results to you; (c) any of the risks described in this Agreement as being associated with the Services, and/or (d) your use or disclosure of the test results. Your indemnification obligations shall survive the termination of this Agreement.

  1. Miscellaneous.
  1. Intellectual Property. You acknowledge and agree that all ownership and proprietary rights to KNOWBE4's Services and to any inventions, innovations or ideas developed in connection with or relating to its Services (including, without limitation, any software, algorithms, processes and other underlying technology) and the contents thereof and all related intellectual property are and shall remain the sole and exclusive property of KNOWBE4. You will not remove or alter any copyright notices appearing on KNOWBE4's Web site or in any other copyrighted work of KNOWBE4. You shall promptly advise KNOWBE4 of any possible infringement of which you become aware of concerning any of KNOWBE4's trademarks, copyrights, trade secrets, patents or other proprietary rights, or any misuse of the Services.
  2. Amendments. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only by a writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement.
  3. Neither party shall assign any of its rights, obligations, or responsibilities under this Agreement or any Service Order without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, provided, however, that KNOWBE4 party may engage contractors to perform certain obligations to be performed by it without notice or consent, provided that KNOWBE4 shall be solely responsible for any such obligations performed by such contractors and further provided that either party may assign its rights and obligations under this Agreement without consent to a third party acquiring all or substantially all of such party’s stock or assets. All terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and authorized assignees.
  4. Force Majeure. Neither party shall be liable nor deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations hereunder due to or arising out of any act not within its control, including, without limitation, acts of God, strikes, lockouts or other industrial disputes, war, riots, lightening, fire, storm, flood, explosion, interruption or delay in transportation or power supply, governmental laws, regulations or other restraints, communications systems breakdowns, hardware or software failures, inability to obtain necessary equipment, materials or services in the open market, or any failure of any supplier to supply or any delay of any supplier in supplying any necessary equipment, materials or services. Neither party's rights under this Agreement shall be affected by its failure to meet, nor any delay in meeting, any condition of this Agreement, where such failure or delay is caused by one of the events referred to above, and all times provided for in this Agreement shall be extended for a period commensurate with the periods of delay.
  5. Preparation of Agreement. This Agreement shall not be construed more strongly against any party regardless of who is responsible for its preparation. The parties acknowledge each contributed and is equally responsible for its preparation.
  6. Severability. If any provision of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable.
  7. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder. Any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any circumstance shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances.
  8. Headings. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of the Agreement and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
  9. Governing Law; Jurisdiction. This Agreement shall be construed under the laws of the State of Florida, and the parties consent to exclusive jurisdictions and venue in the federal courts sitting in Pinellas, Florida, unless no federal subject matter jurisdiction exists, in which case the parties consent to exclusive jurisdiction in the Circuit Courts of Pinellas County or Hillsborough County, Florida. The parties waive all defenses of lack of personal jurisdiction and forum non-conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
  10. All notices, demands, requests or other communications which may be or are required to be given, served, or sent by any party to any other party pursuant to this Agreement shall be in writing and shall be hand delivered, sent by certified mail, return receipt requested, sent by generally-recognized national "overnight" delivery courier service, sent via facsimile, or sent via email with confirmed answer back. KNOWBE4 will address any notices or communications to you to the address specified in your Service Order, as you may update such information from time to time. All notices delivered to KNOWBE4 shall be sent to KnowBe4, Inc. 33 N Garden Ave, Suite 1200, Clearwater, FL 33755. Documents delivered by hand shall be deemed to have been received upon delivery; documents sent by email shall be deemed to have been received when the answer back is received; documents sent by certified mail, courier service or fax shall be deemed to have been received upon their receipt, or at such time as delivery is refused by the addressee upon presentation.
  11. The following Sections of this Agreement shall survive the termination of the Term: Sections 2 (to the extent payments are due after termination) and 5 through 12.
  12. Entire AgreementThis Agreement and each Service Order either created by or signed by KnowBe4 represent the entire understanding and agreement between you and KnowBe4 with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made by and between you and KnowBe4. Should any Service Order conflict with the terms of this Agreement, the terms of this Agreement will control. For the avoidance of doubt, you agree that any terms and conditions provided in any Service Order or other document delivered to KnowBe4 by you in connection with the Services shall in no way supersede the terms and conditions of this Agreement and are hereby declared null and void, unless signed in writing by KnowBe4. Any other agreements of any nature whether oral or written not contained herein are expressly made null and void, unless signed in writing by KnowBe4.

 


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