Is a family of browser extensions for consumers and small businesses. These extensions are programmed to provide the best front line of defense in lowering your risks against frauds and scams!
Is an innovative AI approach designed to mitigate a company’s risks against fraud and Anti-Money Laundering (AML) activities executed from privileged credential abuse.
CyberAI is an innovative FinTech startup in the cyber security industry using AI to power and strengthen your cyber security defenses to reduce your risks against consumer and business fraud.
Our solutions provide you, our customers, with the tools needed to reduce your risk against fraudulent and scamming activities within the B2C and B2B markets of today’s digital economy.
According to a recent McAfee’s report, estimated global losses from cybercrime are projected to hit just under a record $1 trillion for 2020 as the coronavirus pandemic provided new opportunities for hackers to target consumers and businesses. The 2020 ACFE Report to the Nations estimated the costs and effects of occupational fraud impact globally were in excess of $3.6 billion. Certified Fraud Examiners (CFEs) estimate that organizations lose 5% of revenue to fraud EACH YEAR!
Fraud is the use of one’s job by a person(s) for individual enrichment through the deliberate misuse/misapplication of an individual’s/business’s resources or assets.
The Most Common Types of Consumer Fraud are:
There are Three Primary Categories of Occupational Fraud:
Identifying a cyber fraud attack is much harder than avoiding one. Those same advancements in computers, the internet, and technology which have fueled the digital economy for the past 25+ years have also created an explosion of growth in frauds and scams.
Cybercrime can include damage and destruction of data, stolen money, lost productivity, theft of Intellectual Property (IP) or Personal Identifiable Information (PII) and financial data, embezzlement, fraud, post-attack disruption to business operations, and harm to one’s reputation.
The root cause of the problem is over 95% of personal or business related security breaches can be attributed to errors as a result of the human factor. People are the weakest link in any cyber security posture. Even if you’ve been trained in fraud detection and alert identification, CyberAI is there to lower your risks against scamming and fraudulent activities.
Last modified: July 22, 2021
CyberAI Corp and our affiliates and subsidiaries (”Company”, “CyberAI” or “We”) respect your privacy and are
committed to protecting it through our compliance with this policy.
We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.
Privacy laws in Canada generally define personal information as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information.
This policy applies to information we collect, use, or disclose about our customers and Website users:
On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy.
Through the use of our Products or Services.
INFORMATION WE COLLECT ABOUT YOU
We collect and use several types of information from and about you, including:
Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, e-mail address, work title, telephone number, technical data, which may include the URL you are accessing the Website from, your IP address, unique device ID, network and computer performance, browser type, language and identifying information and operating system, location data including time zone (”personal information”).
Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identified individual, demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature.
Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details.
Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.
HOW WE COLLECT INFORMATION ABOUT YOU
We use different methods to collect your information, including through:
Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us by phone, email, or otherwise.
Automated technologies or interactions, as you navigate through our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
Third parties or publicly available sources, for example, our business partners (including municipalities).
Information You Provide to us
The information we collect directly from you on or through our Website or Products and Services may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Information We Collect Through Cookies and Other Automatic Data Collection Technologies
Details of your visits to our Website, Products or Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website, Products or Services.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical information that includes personal information, and we may maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website, Products or Services.
The technologies we use for this automatic data collection may include:
We and our partners use technology such as cookies on our site to personalise content and ads, provide social media features, and analyse our traffic. You can learn more here: nextroll.com/privacyWeb Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
To provide our Products or Services.
To improve our marketing, website, products or services, or customer relationships and experiences. Your data is also used for marketing research and analysis. We might also request another party to do this for us.
To present our Website and its contents to you.
To provide you with information, Products, or Services that you request from us.
To fulfil the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.
To provide you with notices about your account/subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.
To notify you about changes to our Website or any Products or Services we offer or provide though it.
To improve our Website, Products or Services, marketing, or customer relationships and experiences.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates.
In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers and users is among the assets transferred.
To contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website, Product or Service improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
To fulfil the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
TRANSFERRING YOUR PERSONAL INFORMATION
We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website, Product or Service improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.
By submitting your personal information or engaging with the Website, Products or Services you consent to this transfer, storage, or processing.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use,
alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, Products or Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
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 to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Website.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.
If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email as stated in our Contact Us section to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation.
If you are concerned about our response or would like to correct the information provided, you may contact as per out Contact Us section.
WITHDRAWING YOUR CONSENT
Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at firstname.lastname@example.org. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
CALIFORNIA RESIDENTS, CALIFORNIA CONSUMER PRIVACY ACT
If you are a resident of California, the applicable data protection legislation permits you to request that we tell you what personal information we hold about you, how we process it and that we provide you with a copy of that information. You are also entitled to access or (under certain circumstances) delete your personal information. You can exercise this right free of charge. We may ask you to provide further information to confirm your identity before considering your request.
In accordance with California Civil Code 1798.83, California residents are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com.
CYBERAI does not sell or rent Users’ Personal Information with third parties for the third parties’ direct marketing purposes. Nonetheless, if You are a California resident, You may request information about the disclosure of Your Personal Information to third parties for the third parties’ direct marketing purposes by emailing firstname.lastname@example.org
For users in California, any third-party service providers are “service providers” under the California Consumer Privacy Act §1798.140(v) and may only use Your data only for the purposes defined under the applicable vendor agreement.
UNITED KINGDOM AND EUROPEAN UNION RESIDENTS
If you are a resident of the United Kingdom or the European Union, the applicable data protection legislation permits you to request that we tell you what personal information we hold about you and how we process it and that we provide you with a copy of that information. You are also entitled to access, rectify, change, update, delete, revoke, or improve upon your personal information at any time. You can exercise this right free of charge. We may ask you to provide further information to confirm your identity before considering your request.
In addition, for purposes of providing the our Website, Products and Services you acknowledge that CyberAI may transfer your personal data to servers located in Canada or other countries outside of the UK and the European Economic Area which provide for a different level of data protection. By using and continuing to use of our Website, Products and Services You agree to that transfer.
CONTACT INFORMATION AND CHALLENGING COMPLIANCE
Privacy Officer: email@example.com
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Privacy Officer using the contact information listed above.
END USER LICENSE AGREEMENT FOR CYBERAI EXTENSION
This End User License Agreement (this “Agreement”) is a legally binding agreement. Please read it carefully. By clicking to agree or accept or otherwise indicating your acceptance of this Agreement, or by installing or using the ScamBlox set of Chrome, Firefox or Chromium browser extensions and/or any updates to such software (collectively, the “Software”) provided by CyberAI Corp (“CyberAI”), you agree to the terms of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL OR USE THE SOFTWARE. 1. THIS END USER LICENSE AGREEMENT
This Agreement was last updated on July 22, 2021.
This Agreement is effective between you and CyberAI as of the date you first download, install or use the Software, whichever is earliest. You are responsible for reading and complying with any amended version of this Agreement that is made available by CyberAI via the Software, the Google Chrome Web Store or from the Mozilla Firefox addons webpage or that is posted at https://CyberAI.corp/legal/.
2. THE SOFTWARE
The Software, “Basic” version has certain features that allow users to be updated on social media frauds and scams from several databases. “ScamBLOX Plus” includes the Basic features and also include phishing email for outlook/gmail and identifies known malicious actor URLS. A “Supported Device” is a combination of a Google Chrome, Mozilla Firefox or Chromium-enabled device model and relevant Google Chrome, Mozilla Firefox or Chromium software version(s) that is/are supported by the Software and accessed by a unique email address per device per browser. Users must login to launch the Software extension within their respective Google Chrome, Mozilla Firefox or other Chromium browsers, stay logged in as long as this instance of the specific browser is the only one in use.
3. SOFTWARE LICENSE
(a) The Software, including software embedded in the Software, is licensed, not sold, to you by CyberAI only under the terms of this Agreement; and CyberAI reserves all rights not expressly granted under this Agreement. Even if CyberAI does not own the media or device on which the Software is downloaded, used, recorded or stored, CyberAI retains ownership of the Software itself.
(b) No rights are granted with respect to Software under, and the Software is not generally licensed or otherwise provided under, any master subscription agreement or other agreement between CyberAI and you, or any CyberAI customer with which you are master subscription agreement is entered into between you, or any CyberAI customer with which you are employed, affiliated or associated, then the terms and conditions of such master subscription agreement will control and govern your use of the Software.
(c) CyberAI may do any of the following at any time, with or without notice or cause, and without any liability to you: (a) change, suspend, or terminate any features or functionality of the Software; (b) impose limits on certain features or functionality of the Software; or (c) terminate this Agreement. Upon any such termination, you shall no longer be permitted to use the Software, and shall delete or destroy all copies of the Software in your possession. Modification, suspension, or termination of the Software
or this Agreement shall not entitle you to any refund, credit, or other compensation from CyberAI under this Agreement or any other agreement or from any third party.
4. PERMITTED LICENSE USES AND RESTRICTIONS
(a) This Agreement allows you to use the Software on one Supported Device and on no other devices. The Software may not be available for all devices.
(b) You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
(c) You may not sell, resell, rent, lease, lend, redistribute, sublicense, or otherwise make the Software available.
(d) With respect to updates to the Software that CyberAI may make available for download, this Agreement allows you to download such Software updates to update or restore the Software on any Supported Device.
(e) The Software is protected by copyright laws and international treaties. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open sourced components included with the Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of this Agreement and of the rights of CyberAI and/or its licensors. If you violate this restriction, you may be subject to prosecution and damages.
(f) You may not use the Software to submit or link to any content that, in CyberAI’s sole discretion: • Infringes or violates the intellectual property or other rights of any person or entity;
• Intentionally interferes with the operation of the Software or CyberAI’s websites, social media profiles or any other computer network owned or operated by CyberAI;
• Violates anyone’s privacy or publicity rights;
• Breaches any duty of confidentiality that you owe to any person or entity;
• Is vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
• Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; • Contains false or deceptive language or comparative claims regarding CyberAI’s or third parties’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits; or, any content that CyberAI may reject for any reason in its sole discretion. Please remember that you may be submitting or linking to content for the general public, worldwide. Things that do not seem abusive, obscene, or offensive to you might seem so to others.
(g) Without limiting the generality of anything herein, you acknowledge and agree that the Software may collect user or device data for the purposes of providing services or functions that are relevant to use of the Software.
(h) Without limiting the generality of anything herein, you are responsible for complying with applicable laws and government regulations in your use of the Software.
5. TERMS REQUIRED BY GOOGLE INC (“GOOGLE”)
(a) This Agreement constitutes an end user license agreement (EULA) in lieu of any license grant provided by Google to use the Software with Google Chrome or a Supported Device. This Agreement is between you and CyberAI only, and not with Google. CyberAI is solely responsible for the Software.
(b) The Google Chrome Web Store is owned and operated by Google. Your use of the Google Chrome Web Store is governed by a legal agreement between you and Google consisting of the Google Chrome Web Store Terms of Service (found at https://ssl.gstatic.com/chrome/webstore/intl/en/gallery_tos.html), and the Google Chrome Terms of Service (found at https://www.google.com/chrome/privacy/eula_text.html). In addition, your use of the Google Chrome Web Store is subject to the Google Chrome Web Store Program Policies (found at https://developer.chrome.com/webstore/program_policies).
(c) Google has no obligation to provide any maintenance or support for the Software.
(d) To the maximum extent permitted by applicable law, Google shall have no warranty obligation whatsoever with respect to the Software, and shall not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. CyberAI shall not be required to provide a refund to you under any circumstances.
(e) Google shall not be responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
(f) Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Software or your possession and/or use of the Software infringes a third party’s intellectual property rights.
(g) You represent and warrant that (i) the Software shall not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(i) From time to time, Google Chrome may check with remote servers (hosted by Google or by third parties) for available updates to extensions (including the Software), including but not limited to bug
fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
(j) From time to time, Google may discover an extension that violates Google developer terms or other legal agreements, laws, regulations or policies. Google Chrome will periodically download a list of such extensions from Google’s servers. You agree that Google may remotely disable or remove any such extension from user systems in its sole discretion.
(k) Google may, in its sole discretion at any time and without notice, restrict, interrupt or prevent use of the Software, or delete the Software from your Google devices, or require CyberAI to do any of the foregoing, without entitling you to any refund, credit or other compensation from CyberAI or any third party (including, but not limited to, Google or your network connectivity provider).
(l) Google and its affiliates are third-party beneficiaries of this Agreement, and have the right (and shall be deemed to have accepted the right) to enforce this Agreement against you.
(m) CyberAI, Inc.’s email address is firstname.lastname@example.org.
6. THIRD PARTY COMPONENTS
The Software may include certain third party components. Any applicable terms and/or notices required by CyberAI’s licensors for such components may be disclosed within the Software, on the Google Chrome Web Store, on the CyberAI website, or as otherwise disclosed or made available by CyberAI.
7. USE OF DATA
8. FEES AND PAYMENTS.
You may use the Software as one of two user types defined by the CyberAI: (i) as a Plus User (with access to premium services), or (ii) as a Basic User (with access to some features, but not to premium services). Currently, usage of the Product as a Basic User is free, while usage of the Product as a Plus User requires payment. CyberAI reserves its absolute and unlimited right (i) to change the rights of any particular user type, (ii) to cancel or re-classify any user type, or (iii) to charge fees from any user type for access to the Software, at any time. If, at any time, a fee will be required for services that are now free, advance notice of such fees will be clearly posted on the CyberAI’s website, and an opportunity to cancel the account before such fees are imposed will be given. To enable you access to premium services, CyberAI may collect and store your billing and credit card information with third party payment processors (you will have the option to review, update and modify such information). This information will only be shared with third parties who perform tasks required to complete purchase transactions,
such as fulfilling orders and processing credit card payments. You shall pay all fees and charges incurred (including applicable taxes) through your account, at the rates in effect for the billing period in which such fees and charges are incurred.
If you provide or otherwise make available to CyberAI any suggestions, enhancement requests, recommendations, corrections or other feedback (“Feedback”), whether related to the Software or otherwise, then (a) you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place CyberAI under any fiduciary or other obligation; and (b) you hereby grant to CyberAI, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and full sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes or testimonials).
10. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that in connection with your use of the Software, you shall supply truthful and accurate information to CyberAI and shall comply with all applicable laws.
11. DISCLAIMER OF WARRANTY
Neither CyberAI nor its third party providers warrant the Software will perform in accordance with any specifications, documentation, or other standards, perform in an uninterrupted capacity, be error-free or bug-free, provide complete or accurate data, nor do they make any warranties as to the results to be obtained from the use of the Software. Use of the Software and reliance thereon is at your sole risk. Neither CyberAI nor its third party providers shall in any way be liable to you or any other entity or person for their inability to use the Software, or for any inaccuracies, errors, omissions, delays, computer viruses or other infirmity or corruption, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the Software. The Software is provided on an “as is” basis and without warranty or any support or maintenance of any kind. No warranties, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or of any other type is provided hereunder. No oral or written information or advice given by CyberAI or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above disclaimer, exclusions and limitations may not apply to you.
12. LIMITATION OF LIABILITY
CyberAI’s maximum liability arising out of the subject matter of this Agreement is limited to an aggregate amount equal to the amount actually paid by you to CyberAI for use of the Software, if any. IN NO EVENT WILL CYBERAI BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST PROFIT OR LOST DATA, PROCUREMENT OF SUBSTITUTE PRODUCTS, UNAUTHORIZED OR FRAUDULENT USE OF PERSONAL INFORMATION, OR OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, INFIRNGEMENT OR OTHERWISE), EVEN IF CYBERAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH ANY OF THE LIMITATIONS OF LIABILITY HEREIN IS INVALID, YOU AGREE TO BE BOUND BY THE LIMITATIONS TO THE MAXIMUM EXTENT PERMITTED BY SUCH JURISDICTION. The parties acknowledge that this is a reasonable allocation of risk.
13. GOVERNING LAW
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and the Federal Laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute relating to this Agreement and/or your use of the Software resides in the courts in the City of Toronto, Ontario, Canada; and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Notwithstanding the foregoing, CyberAI may seek injunctive relief in any court of competent jurisdiction.
This Agreement, including any terms incorporated in this Agreement, is the entire agreement between you and CyberAI relating to its subject matter, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, relating to that subject matter; provided that nothing in this Agreement will limit your obligations to CyberAI or any of its affiliates, or limit the rights of CyberAI or any of its affiliates, under any other agreement between CyberAI or any of its affiliates and (a) you or (b) any customer of CyberAI or any of its affiliates with which you are employed, affiliated or associated. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law and/or not enforceable, that provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. You may not assign or transfer any of your rights or obligations under this Agreement, whether by operation of law or otherwise. CyberAI may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction. CyberAI’s waiver of any breach under this Agreement will not be considered a waiver of any earlier or later breach. No failure or delay by CyberAI in exercising any right under this Agreement will constitute a waiver of that right. Titles and headings of sections of this Agreement are for convenience only and will not affect the construction of any provision of this Agreement. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” CyberAI will not be responsible for any delay in fulfilling or failure to fulfill any obligation due to any cause beyond its control. Each affiliate of CyberAI is an express third-party beneficiary under this Agreement