Terms of Service

1. Acceptance of Terms

By accessing or using XThreat's cybersecurity training platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Service Description

XThreat provides a B2B SaaS cybersecurity awareness training platform including microlearning modules, phishing simulations, compliance tracking, and related security training features designed to help organizations meet NIS2 Directive and other cybersecurity compliance requirements.

3. User Accounts and Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

You must be at least 18 years old and legally capable of entering into binding contracts to use the Service.

You agree to notify us immediately of any unauthorized access to or use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

4. Subscription and Payment

XThreat offers subscription-based access to the Service with various pricing tiers. Subscription fees are billed in advance on an annual basis unless otherwise specified.

All fees are exclusive of applicable taxes unless stated otherwise. You are responsible for paying all applicable taxes.

Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy.

We reserve the right to modify pricing with at least 30 days' notice to existing subscribers. Price changes will not affect your current subscription period.

5. Data Processing and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in accordance with GDPR and Lithuanian data protection laws.

By using the Service, you acknowledge that XThreat will process personal data as necessary to provide the Service, including employee training data and compliance records.

We implement appropriate technical and organizational measures to protect your data. For details, see our Privacy Policy.

6. Intellectual Property Rights

The Service, including all content, features, functionality, training materials, software, and methodologies, is owned by XThreat and protected by Lithuanian and international copyright, trademark, and other intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable right to access and use the Service for your organization's internal business purposes only.

You may not copy, modify, distribute, sell, or lease any part of our Service or included content, nor may you reverse engineer or attempt to extract the source code of our software.

Training content and methodologies are proprietary. Unauthorized use or distribution is prohibited and subject to legal action.

7. User Content and Data

You retain all ownership rights to data you upload to the Service ("User Data"). You grant XThreat a limited license to host, process, and display User Data solely to provide the Service.

You represent that you have all necessary rights and permissions to upload User Data and that it does not violate any laws or third-party rights.

You are responsible for maintaining backups of your User Data. While we implement backup procedures, we recommend maintaining your own copies.

Upon termination of your subscription, you may request export of your User Data within 30 days. After this period, we may delete your data in accordance with our data retention policies.

8. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations

• Infringe on intellectual property rights of others

• Upload malicious code, viruses, or harmful software

• Attempt to gain unauthorized access to our systems or other users' accounts

• Use the Service to distribute spam or unsolicited communications

• Interfere with or disrupt the Service or servers

• Use automated systems to access the Service without authorization

• Resell or redistribute the Service without written permission

9. Service Availability and Modifications

We strive to provide reliable Service availability but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance with advance notice when possible.

We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice. We will provide at least 30 days' notice for material changes that negatively affect functionality.

We are not liable for any loss or damage arising from Service downtime, modifications, or discontinuation except as required by Lithuanian consumer protection law.

10. Term and Termination

These Terms remain in effect for the duration of your subscription unless terminated earlier in accordance with this section.

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.

We may suspend or terminate your access immediately if you breach these Terms, engage in fraudulent activity, or for other legitimate reasons with notice when practicable.

Upon termination, your right to access the Service ceases immediately. Sections of these Terms that by their nature should survive termination will remain in effect.

11. Limitation of Liability

To the maximum extent permitted by Lithuanian law:

XThreat shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, arising from your use or inability to use the Service.

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid to XThreat in the 12 months preceding the claim.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under Lithuanian law.

12. Warranties and Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

We do not warrant that the Service will meet your specific requirements, be uninterrupted, secure, or error-free.

While our training content is designed to improve cybersecurity awareness, we do not guarantee that use of the Service will prevent all security incidents or ensure regulatory compliance.

You are solely responsible for implementing appropriate cybersecurity measures for your organization.

13. Indemnification

You agree to indemnify and hold XThreat, its affiliates, officers, and employees harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

14. Compliance with NIS2 and Regulations

While XThreat's platform is designed to assist with NIS2 Directive compliance requirements, you remain solely responsible for ensuring your organization's compliance with all applicable regulations.

Our Service provides tools and training materials, but does not constitute legal or compliance advice. You should consult with qualified legal and compliance professionals regarding your specific obligations.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Lithuania without regard to conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved in the competent courts of Vilnius, Lithuania.

Before initiating legal proceedings, parties agree to attempt good-faith negotiations to resolve disputes.

If you are a consumer under EU law, you retain rights under mandatory consumer protection legislation that cannot be waived by these Terms.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email and/or prominent notice in the Service at least 30 days before taking effect.

Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

If you do not agree with modified Terms, you may terminate your subscription in accordance with Section 11.

17. General Provisions

These Terms constitute the entire agreement between you and XThreat regarding the Service.

If any provision is found unenforceable, the remaining provisions remain in full effect.

Our failure to enforce any right or provision does not constitute a waiver.

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

These Terms do not create any third-party beneficiary rights.

18. Contact Information

For questions about these Terms, please contact us at:

MB XThreat

Company code: 307258262

Email: info@tryxthreat.com

Address: Narėpų g. 40, Narėpų k., LT-54470 Kauno r. Lithuania