1. Introduction, Scope and Acceptance
These Terms apply to all visitors and users of the Site. They form a legally binding agreement between you and SimuPhish and, together with the documents referred to in them, constitute the entire agreement between you and SimuPhish in respect of your use of the Site.
Relationship with the Services. Access to and use of the SimuPhish human-risk-management, phishing-simulation, and security-awareness-training platform and other products and services (the Services) are governed by a separate written agreement (such as a master subscription agreement, order form, or evaluation agreement) between SimuPhish and the relevant customer. Where there is any conflict between these Terms and such a signed agreement in respect of the Services, the signed agreement prevails for the Services; these Terms continue to govern your general use of the Site.
Electronic acceptance. You agree that accessing and using the Site constitutes acceptance of these Terms by electronic means, and that such acceptance is valid, binding, and enforceable under the electronic transactions and electronic signature laws applicable to you and to us.
2. Definitions and Interpretation
- Applicable Law means all laws, regulations, and binding regulatory guidance applicable to your use of the Site or to SimuPhish, including those referred to in these Terms.
- Content means all text, graphics, logos, icons, images, audio, video, software, code, data, data compilations, look and feel, and the selection and arrangement thereof made available on or through the Site.
- Site means simuphish.com, its subdomains, and any other website operated by SimuPhish that links to these Terms.
- User Content means any content you submit, post, upload, or otherwise make available on or through the Site.
- Privacy Policy and Cookie Notice mean SimuPhish's privacy policy and cookie notice, as updated from time to time, which describe how we handle personal data and cookies.
3. Who May Use the Site
The Site is intended for business and professional users. You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) and legally capable of entering into a binding contract in order to use the Site. Consistent with our Privacy Policy, the Site is not directed at children, and we do not knowingly collect personal data from children through the Site.
If you access or use the Site on behalf of an organisation, you represent and warrant that you are authorised to accept these Terms on its behalf and to bind it to them.
4. How We Update These Terms
We may revise these Terms at any time to reflect changes in our practices, the Site, technology, or Applicable Law. The "Last Updated" date at the top indicates when the current version took effect. Where changes are material, we will provide reasonable notice, such as a prominent notice on the Site. Your continued use of the Site after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Site.
5. Purpose of the Site and Its Content
The Site and its Content are provided for general information about SimuPhish and its products and services. Nothing on the Site constitutes an offer to sell, a solicitation, or professional advice (including legal, security, or compliance advice), and nothing on the Site constitutes a warranty regarding the suitability of any product or service for your specific requirements. Product and service availability, features, descriptions, and pricing may vary by jurisdiction and are subject to change without notice. Any reliance you place on Content is at your own risk.
6. Intellectual Property Rights
All rights in the Site and the Content - including copyright, trademark, database, and other intellectual property rights - are owned by or licensed to SimuPhish and are protected under applicable copyright, trade mark, database, and related intellectual property laws and under international treaties and conventions, including the Berne Convention and the WIPO Copyright Treaty. All rights not expressly granted to you are reserved.
SimuPhish, the SimuPhish logo, and other SimuPhish names, logos, and marks are trademarks of SimuPhish. You may not use them without our prior written consent. Third-party names, logos, and marks that appear on the Site are the property of their respective owners, and their appearance does not imply any endorsement of, or affiliation with, SimuPhish.
Except as expressly permitted in these Terms, or as permitted under a mandatory exception to copyright available under Applicable Law, no part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, distributed, sold, licensed, adapted, or otherwise exploited without our prior written consent.
7. Your Licence to Access the Site
Subject to your continued compliance with these Terms, SimuPhish grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and view the Site, and to download, display, and print Content, solely for your personal or internal business, non-commercial, and informational use, provided that you do not remove or alter any copyright, trademark, or other proprietary notices.
This licence does not include any right to resell or commercially exploit the Site or Content; systematically collect or compile product listings, descriptions, images, or prices; make any derivative use of the Site or Content; or use any data mining, robots, scraping, or similar data-gathering and extraction tools, except as expressly permitted in these Terms.
8. Restrictions on Your Use of the Site
You agree not to, and not to permit, assist, or enable any third party to:
- Use the Site in violation of any Applicable Law or these Terms, or for any unlawful, fraudulent, harmful, deceptive, or malicious purpose;
- Impersonate any person or entity, or misrepresent your identity or affiliation;
- Introduce, transmit, or distribute malicious or harmful code;
- Attempt to gain unauthorised access to, interfere with, damage, or disrupt the Site, servers, networks, accounts, systems, or data;
- Probe, scan, or test the vulnerability of the Site or any associated system or network, except as expressly authorised under Section 11;
- Use automated means to access, monitor, index, extract, or copy the Site or Content, except as expressly permitted under Section 9;
- Use the Site or Content to develop, train, test, fine-tune, or validate any artificial intelligence, machine-learning, or large language model, except as expressly permitted under Section 10;
- Frame, mirror, or deep-link the Site, or use metadata incorporating SimuPhish's name or marks, without prior written consent;
- Collect, harvest, or scrape personal data of other users or visitors;
- Reverse engineer, decompile, or disassemble any part of the Site except to the extent this restriction is prohibited by Applicable Law;
- Remove, obscure, or alter proprietary or security notices, or use the Site in any manner that could impair it or interfere with another party's use.
9. Automated Access, Web Scraping, Bots, and Rate Limiting
Except as expressly permitted by SimuPhish in writing, you may not use any robot, spider, scraper, crawler, or other automated means or interface to access, monitor, extract, or copy any content, data, or personal data from the Site, or to circumvent robots.txt, rate limits, authentication, CAPTCHAs, or other technical access controls. This position mirrors and complements Section 7 of our Privacy Policy.
Unauthorised scraping or automated access may constitute a breach of these Terms and may give rise to civil claims and/or criminal liability under computer misuse and cybercrime laws. We deploy technical measures including rate-limiting, bot detection, IP blocking, and access logging, and reserve the right to pursue all available technical and legal remedies, including injunctive relief.
10. Artificial Intelligence, Text and Data Mining, and Machine Learning
SimuPhish expressly reserves all of its rights in respect of the text and data mining of the Site and its Content for any purpose, including the development, training, testing, fine-tuning, or validation of any artificial intelligence, machine-learning, or large language model. This reservation is made, among other places, in our robots.txt and, where published, ai.txt files. No licence to use the Content for AI/ML training or TDM is granted merely because the Content is publicly accessible.
Where SimuPhish makes AI-enabled features available on the Site, such features are provided for convenience and general information only. AI-generated outputs may be inaccurate, incomplete, or out of date and should not be relied upon as professional, security, or legal advice.
You must not use AI or automated tools to circumvent these Terms, generate or facilitate malicious, deceptive, or infringing content, or collect or process personal data obtained from the Site in breach of Applicable Law.
11. Security Research and Vulnerability Disclosure
As a cybersecurity company, SimuPhish values the work of the security research community. If you believe you have discovered a security vulnerability affecting the Site, we encourage you to report it responsibly to [email protected] rather than exploiting it or disclosing it publicly, and to give us a reasonable opportunity to investigate and remediate before any disclosure.
Provided that you act in good faith and in accordance with this Section and Applicable Law, SimuPhish will not pursue or support legal action against you for that good-faith security research. This authorisation is limited to the Site; it does not extend to the Services, customer environments, or third-party systems, and it does not waive any right in respect of malicious, disproportionate, or unlawful conduct.
12. Accounts and Access Credentials
Certain areas of the Site may require you to register for an account or provide information. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, and you must notify us promptly at [email protected] of any suspected unauthorised use.
13. Content You Submit
If the Site permits you to submit, post, or upload User Content, you retain ownership of your User Content but grant SimuPhish a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, use, reproduce, adapt, modify, publish, translate, and display it in connection with operating, providing, and promoting the Site and Services. User Content is treated as non-confidential, subject always to our Privacy Policy in respect of any personal data.
14. Your Suggestions and Ideas
If you provide any feedback, suggestions, or ideas regarding the Site or our products or services, you agree that such Feedback is non-confidential and that SimuPhish may use, disclose, reproduce, and exploit it for any purpose, without restriction, attribution, or compensation to you.
15. Privacy, Data Protection, and Cookies
Our collection and use of personal data in connection with the Site is described in our Privacy Policy, which forms part of these Terms. We use cookies and similar technologies as described in our Cookie Notice at /cookies. Where required by Applicable Law, we will obtain your consent before placing non-essential cookies, and you can manage your preferences at any time through our cookie banner or your browser settings.
16. Third-Party Links and Resources
The Site may contain links to third-party websites, resources, or content that are not owned or controlled by SimuPhish. We provide these links for convenience only, and we are not responsible for the content, accuracy, availability, security, or privacy practices of any third-party site or resource.
17. Forward-Looking Information
The Site may contain forward-looking statements about SimuPhish's plans, products, features, and roadmap. These statements reflect current expectations as at the date made, are not guarantees of future performance, and are subject to risks and uncertainties.
18. The Site Is Provided As Is
To the fullest extent permitted by Applicable Law, the Site and the Content are provided on an as is and as available basis, without warranties of any kind. SimuPhish does not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site or servers are free of viruses or other harmful components.
19. Limitation of Liability
To the fullest extent permitted by Applicable Law, SimuPhish and its affiliates, and their respective officers, directors, employees, and agents, will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business, arising out of or in connection with your access to or use of the Site or Content. To the extent liability cannot be wholly excluded, SimuPhish's total aggregate liability arising out of or relating to the Site and these Terms will not exceed one hundred United States dollars (USD 100) or its equivalent in local currency.
20. Indemnification
To the fullest extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless SimuPhish and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or connected with your breach of these Terms, misuse of the Site or Content, User Content, or violation of Applicable Law or third-party rights.
21. Sanctions and Export Controls
You must comply with all applicable export control, sanctions, and trade laws, including those of the United Kingdom and, to the extent applicable to you, the United States, the European Union, and the United Nations. You may not access or use the Site or Content in violation of any such law, or export or re-export the Content to any prohibited destination or person.
22. Suspending or Ending Access
We may suspend, restrict, or terminate your access to the Site at any time, with or without notice, including where we reasonably believe you have breached these Terms or Applicable Law, or where necessary to protect the Site, other users, or SimuPhish.
23. Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or your use of the Site, are governed by and construed in accordance with the laws of England and Wales. Any such dispute or claim will first be referred to mediation in London and in English. If the dispute is not resolved by mediation within thirty (30) days of written notice, either party may refer the dispute to final and binding arbitration under the Arbitration Rules of the London Court of International Arbitration, before a sole arbitrator, seated in London, England, and conducted in English.
24. Notices and Contact
Legal notices to SimuPhish should be sent to: SimuPhish LTD, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom (Company No. 16167880), Attn: Legal Team. Email: [email protected].
For privacy matters, please contact [email protected]; for security matters, including vulnerability reports, please contact [email protected].
25. Miscellaneous
These Terms, together with the Privacy Policy, Cookie Notice, and any other documents referred to in them, constitute the entire agreement between you and SimuPhish regarding the Site and supersede all prior understandings, subject to any separate signed agreement governing the Services. If any provision is invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship. SimuPhish is not liable for any failure or delay in performance caused by events beyond its reasonable control. These Terms are prepared in English, and where translated, the English version prevails.
