1. Eligibility

• Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies. By installing the App you affirm that you are over eighteen (18) years of age and have full ability and power to enter into this Agreement.

2. Scope of License

• Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download and install the App on a mobile phone, tablet or device (each a “Device”) that you own, control or are legally entitled to use; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below). You may not rent, lease, lend, sell, redistribute or sublicense the application. This License is granted for the sole purpose of authorizing you, as an individual, to use and enjoy the App’s benefits for your personal use. For clarity, nothing in this Agreement permits you to make use of the App for commercial purposes or for the benefit of any entity, whether commercial or non-profit, such as a corporation, partnership, or other business entity or any non-profit organization.
• You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend, rent or otherwise commercially exploit the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) access, disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the App; (iv) copy (except for back-up purposes), modify, transform, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications or for illegal purposes, including violations of applicable laws and/or third party rights; (viii) use the CyberHawkz name, logo or trademarks without our prior consent (written); and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement or violates third party rights.

3. Account

• In order to use some of the App features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure and private. You must notify us immediately of any unauthorized use of your Account. You can reach us at [email protected]. The personal information you submit is subject to our Privacy Policy (defined below) which must be expressly consented to by you. You may terminate your Account at any time by sending an email to [email protected].
• If you are downloading the App from a third-party platform or service provider (“Distributor”) such as, without limitation, Apple’s Appstore or Google Play, please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are deemed incorporated into this Agreement by this reference. You represent and warrant that you are not prohibited by any applicable Usage Rules and/or applicable law and/or any third party right from using the App; if you are unable to make such a representation you are prohibited from downloading, installing and/or using the App.

4. Payments

• The use of the App and, therefore, the License granted hereunder, is subject to the monthly or annual payment (the “Fees”). Please be aware that any failure to pay applicable Fees may result in you not having, or losing, access to some, or all of parts of the App. In consideration for the App, as the case may be, will have to pay the applicable, non-refundable Fees as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. All amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, good and service, withholding, and other direct or indirect taxes, charges, levies and duties. For all versions of the App, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the parts of the App.
• CyberHawkz exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through CyberHawkz's computers, network hubs and points of presence or the Internet. CyberHawkz does not monitor User Content. However, you acknowledge and agree that CyberHawkz may, but is not obligated to, immediately take any corrective action in CyberHawkz's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that CyberHawkz shall have no liability due to any corrective action that CyberHawkz may take.

5. Information Description

• We attempt to be as accurate as possible. However, we cannot, and do not, warrant that the App, the Features, the Content and/or the Materials are accurate, complete, reliable, current, error-free or virus-free. We reserve the right to make changes of any kind in or to such concepts, or any part thereof without the requirement of giving you any notice prior to or after making such changes.

6. Intellectual Property Rights (I.P.R)

• App Ownership: The App is licensed as described herein and not sold, assigned or transferred to you under this Agreement and you acknowledge that CyberHawkz and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software and know how). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, designs, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
• App information: The content on the App or generated by the App, including without limitation, the text, information, statistics, analytics, threat reports, threat descriptions, documents descriptions, products, software, graphics, photos, sounds, videos, interactive features, the App’s uses and, broadly speaking, our services (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials the “Content”), is the property of CyberHawkz and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. You shall not violate any Intellectual Property Rights with respect to the App, the Materials and the Content. “CyberHawkz” and the logo are Marks of CyberHawkz and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners. You shall not violate them.
• Use of information: The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited or marketed for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
• Feedback: We always appreciate feedback or other suggestions, but please note that we will own them and we may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

7.Limited Warranty and Disclaimers

• NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, INCLUDING, FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, UTILITY, TITLE, NON-INFRINGEMENT, USAGE, PERFORMANCE, SATISFACTORY QUALITY, INTEGRATION, APPLICABILITY FOR A PARTICULAR USE AND ANY OTHER WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW.
• IT IS NOT WARRANTED THAT CyberHawkz SERVICE WILL WORK UNINTERRUPTED, TIMELY, AND WE MAKE NO WARRANTY THAT THE APP WILL PROTECT AGAINST ALL POSSIBLE THREATS AND ATTACKS OR OTHER FAILURES OR THAT THE APP WILL MEET YOUR REQUIREMENTS. YOU ARE ADVISED NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE APP. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE APP AND/OR SERVICE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM YOUR USE OF THE APP AND/OR FOR ANY TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. ALSO, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, CyberHawkz DOES NOT OFFER ANY WARRANTY REGARDING THE PERFORMANCE OF SOFTWARE AND SHALL NOT ENTERTAIN ANY CLAIM REGARDING THE SAME. CyberHawkz MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED APP, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED APP, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED. You understand and accept that, to the maximum extent permitted by law, this App will be updated from time to time, subject to the following and CyberHawkz expressly disclaims any and all liabilities arising from the following circumstances:
  Incompatibility caused by any software and/or hardware components installed on your device;
  Any actions initiated by you or by third parties which were beyond the control CyberHawkz; Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than CyberHawkz, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism; The deficiencies, defects in your device and related infringements; Your violations of the terms and conditions described in the user manual or in this Agreement. Inability of CyberHawkz support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.
• Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

8. General Disclaimers

• To the maximum extent permitted by law, you agree, accept, and acknowledge: That you are solely responsible for the configuration of the software, settings, and the actions or inactions that result from such actions and CyberHawkz shall not have and shall assume no liability/responsibility in any case and the Clause of Indemnification shall be applicable. That CyberHawkz shall not have and shall assume no liability and/or responsibility for any data deletion, including, but not limited to, any deletion or loss of personal, and/or confidential data; and/or uninstallation of third-party apps; and/or change in settings; specifically authorized by you or occurs due to the actions, inactions (whether intentional or not) by you or any third party whom you have authorized to use, handle your device due to features of this software. That to avail/use certain features of the software such as updates and upgrades, you may be required to incur certain costs and that CyberHawkz does not warrant that the usage of certain features of the software are free of cost and that CyberHawkz shall not entertain and expressly disclaims, any claim for reimbursement of any expenses, including, but not limited to, any direct or incidental expenses arising out of your usage of such features of this software. That you agree that your use of the App is at your own risk, and that you will not use the App to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so. Also, you are solely responsible and shall comply with all applicable laws, regulations of India and any other applicable foreign/trans-national laws, including, without limitation, privacy, data protection, obscenity, confidentiality, copyright laws for using any report, data, information derived as a result of using this software. That while using this software, CyberHawkz suggests some actions to be initiated by you in your sole benefit, for example “CyberHawkz software may suggest you to uninstall infected applications”, however such actions are suggestive and CyberHawkz takes no responsibility and/or liability if you perform such actions or not and CyberHawkz assumes no responsibility and/or liability for any result or liability arising out of such actions and/or inactions.

9. Export Laws and regulations

• You agree to comply fully with all applicable export laws and regulations to ensure that neither the App (including the Features, the Content and the Materials) nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

10. Limitation of Liability.

• NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL CyberHawkz AND/OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, DISTRIBUTORS SHALL BE LIABLE FROM ANY AND AGAINST ALL CLAIMS, EXPENSES, SUITS, COSTS, DEMANDS, JUDGMENTS WHATSOEVER MADE BY YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, DAMAGES FOR LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, FAILURE TO MEET ANY STATUTORY DUTY/DUTY OF REASONABLE CARE/DUTY IN GOOD FAITH, ECONOMIC/NOTIONAL LOSS, LOSS FOR BUSINESS INTERRUPTION, GOODWILL, DAMAGE AND LOSS OF DATA OR PROGRAMS, OR OTHER INTANGIBLE LOSSES (EVEN IF CyberHawkz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INLCUDING, WITHOUT LIMITATION: (I) ARISING DUE TO YOUR USAGE OF THIS SOFTWARE; (II) YOUR NEGLIGENCE OR INABILITY OF USING THE SOFTWARE OR SUPPORT; (III) ANY DISPUTE BETWEEN YOU AND THIRD PARTY WITH RESPECT TO AVAILING THIS SOFTWARE; (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER INDIVIDUAL AND/OR ENTITY; (V) YOUR BREACH OF THE AGREEMENT; (VI) YOUR VIOLATION OF ANY PROVISIONS UNDER ANY LAWS/STATUTES/ACTS, INCLUDING, WITHOUT LIMITATION, IN INDIA OR OTHER COUNTRY; AND/OR (VII) THE FAILURE OF CyberHawkz TO PROVIDE SUPPORT SERVICE OR ANY OTHER SERVICE/INFORMATION. THIS LIMITATION WILL APPLY TO ALL CAUSES OF ACTION WHETHER ARISE IN EQUITY OR TORT, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND HEREBY RELEASE CyberHawkz AND/OR ITS DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES IN EXCESS OF THE LIMITATION STATED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN THE EVENT, YOU UNDERSTAND AND ACCEPT THAT THE COMBINATED LIABILITY OF CyberHawkz, ITS AFFILIATES, DIRECTORS, AGENTS, EMPLOYEES AND/OR DISTRIBUTORS FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP AND/OR THE ACCOUNTS SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO CyberHawkz DIRECTLY BY YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. This Clause shall survive the termination of this Agreement.

11. Updates and Upgrades.

• We may from time to time provide updates or upgrades to the App (each a “ Revised version”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. To the maximum extent permitted by law, you consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

12. Term and Termination

• This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. Upon termination of this Agreement, you shall cease all use of the App. This Section 19 and Sections 12 (Intellectual Property Rights), 13 (Warranty Disclaimers) 17 (Indemnification. Limitation of Liability), and 20 (Modifications) to 22 (General) shall survive termination of this Agreement.

13. Modifications

• We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective immediately following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.

14. General

• This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by CyberHawkz without restriction or notification. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and CyberHawkz concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by CyberHawkz without restriction or notification. No amendment to this Agreement will be binding unless in writing and signed by CyberHawkz. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Nothing in these terms shall limit your rights under applicable mandatory law.

• By entering into this Agreement, you, to the maximum extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements © 2022 (CyberHawkz Intelligence Services LLP). All rights reserved.

15. Privacy Policy

• CyberHawkz Intelligence Services built the CyberHawkz Mobile Security app as a Free app. This SERVICE is provided by CyberHawkz Intelligence Services at no cost and is intended for use as is. This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service. If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at CyberHawkz Mobile Security unless otherwise defined in this Privacy Policy.

16. Information Collection and Use

• User Data Policy: CyberHawkz Mobile Security App, collects your "Installed Apps" Data from your phone to analyse the security of the device and is not shared with any third party provider.
• Information about your computer and about your visits to and use of this website (these are information about your browser, your IP address, your general location as determined from your IP address and provided by your browser, the site from which you come, and the links followed when leaving our site). For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Installed Apps. The information that we request will be retained by us and used as described in this privacy policy. The app does use third-party services that may collect information used to identify you. Link to the privacy policy of third-party service providers used by the app Google Play Services
• Log Data We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
• Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory. This Service does not use these “cookies” explicitly. However, the app may use third-party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
• Service Providers We may employ third-party companies and individuals due to the following reasons: To facilitate our Service; To provide the Service on our behalf; To perform Service-related services; or To assist us in analyzing how our Service is used. We want to inform users of this Service that these third parties have access to their Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
• This information is also collected through cookies.
  When you register and voluntarily provide information in response to questionnaires or download forms, or to register for newsletters or start or contribute to petitions. (this includes your name, email address, and any other details asked for and which you provide)
  When you conduct activities on our site (for example, when you purchase a product or service we record what you purchased etc.) we may collect your name and contact details, details of your subscription to our services, and other information gathered by Facebook and transferred to us, including your address.
• We use the following 3rd party tools/products to provide the site or analytics about how you use the site:Google Analytics

17. How We Use The Information We Collect

• To identify you when you login to your account.
• To enable us to operate the Services and provide them to you.
• To verify your transactions and for purchase confirmation, billing, security, and authentication (including security tokens for communication with installed).
• To analyze the Website or the other Services and information about our visitors and users, including research into our user demographics and user behaviour in order to improve our content and Services.
• To contact you about your account and provide customer service support, including responding to your comments and questions.
• To share aggregate (non-identifiable) statistics about users of the Services to prospective advertisers and partners.
• To keep you informed about the Services, features, surveys, newsletters, offers, surveys, newsletters, offers, contests and events we think you may find useful or which you have requested from us.
• To better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, improve the features and usability of the Services, and better understand and market to our customers and users.
• To keep the Services safe and secure.

18. SECURITY

• We take reasonable steps to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions, submission of any login credentials or any other sensitive data will be encrypted using the TLS/SSL protocol(s). The safety and security of your information also depends on you. You are responsible for keeping all usernames and passwords necessary to access the Software confidential. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our website or the Software. Any transmission of personal information is at your own risk.
• Links to Other Sites This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
• Children’s Privacy These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.

19. Changes to CyberHawkz's Policy

• The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically reviewing this privacy policy to check for any changes.

20. Contact information

• If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at [email protected]