Terms and Conditions of Use for Skyhawk’s Cloud Service Portal and API Access
The following terms and conditions of use (“Terms and Conditions of Use “) apply to and govern the use of Skyhawk Security (CNP) Ltd.’s Cloud Service Portal (the “Cloud Portal”) and API access along with the storage of the login credentials relating thereto. The Cloud Portal is a web-based application through which Skyhawk Security (CNP) Ltd. and/or its affiliates (“Skyhawk”) makes available certain services as an integral part of Skyhawk’s Cloud Offerings provided to you as a customer of Skyhawk. By registering and creating an account on the Cloud Portal, you may onboard new applications, onboard public cloud accounts/subscriptions, manage configurations and obtain information and access to certain Skyhawk Cloud Offerings. The API is an application programming interface (“API”) which Skyhawk makes available to you for your interactions with the Cloud Portal.
“You”, “Your” or “Customer” means: (i) Skyhawk’s direct customer with which Skyhawk is a party to a service agreement, purchase order or other order for the provision of Skyhawk’s Cloud Offerings, including without limitation, for ordering POC or other demo of the Skyhawk’s Cloud Offerings; (ii) an authorized end-customer of a Skyhawk distribution channel. If you or your company is not a Customer of Skyhawk, you may not attempt to access the Cloud Portal or the API. Read these Terms and Conditions of Use carefully before using the Cloud Portal and/or the API with or without logging in or downloading content from the Cloud Portal or via the API.
By accessing or using the Cloud Portal and/or the API, You are accepting and agreeing to the these Terms and Conditions of Use and to any changes thereto that may become applicable from to time.
Skyhawk’s Cloud Offerings are defined as one or more of the following services:
a. Skyhawk Cloud DDoS Protection Service
b. Skyhawk Cloud WAF Service
c. Skyhawk Cloud Bot Manager Service
d. Skyhawk Synthesis Security Platform
License. Subject to the terms and conditions herein, Skyhawk hereby grants You a limited, non-transferable and nonexclusive license, subject to the restrictions set forth below, to access and use the Cloud Portal and the API, solely for use with Skyhawk’s Cloud Offerings in the scope of and in accordance with these Terms and Conditions of Use. Use of the Cloud Portal and the API for any other purpose is prohibited without the express written permission of Skyhawk.
Access and use of Your Account password. For accessing the Cloud Portal, Skyhawk will send You a login email for setting a password for accessing Your account (“Password”) and corresponding administrative controls (“Your Account”) by Your administrator and/or authorized personnel and/or in case You are Skyhawk’s reseller, by Your authorized end-customers (collectively, “Users”). If authorized by You, Skyhawk will set up an API access under Your Account. Access to Your Account is limited to authorized Users only. You will ensure that each of the Users provides accurate registration information, uses only Your business email address, and does not share their password or registered username with any third party except as otherwise set forth in these Terms and Conditions of Use. You agree that any failure of any Users to comply with the above will constitute a breach of these Terms and Conditions of Use, which may result in immediate termination of the license and Your Account.
You agree that Passwords are considered confidential and proprietary information of Skyhawk, may not be disclosed or transferred by You to any other party and must otherwise be kept by You secured and confidential. You will immediately notify Skyhawk in writing of any change in authorization, any unauthorized use of Your Account and/or change in the Users or any account-related security breach of which You become aware. Customer shall be solely responsible for any additions, changes and removals of Users made by Customer and/or by Customer’s Users. Skyhawk shall not be liable for Customer’s damages caused by any such additions, changes and removals of Users or by the leak of Passwords or other login credentials to a third party due to reasons not attributable to Skyhawk.
Copying and Reverse Engineering. You agree that You will not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) of; or (iii) remove any copyright notices, identification or any other proprietary notices from, any of the software, copyrighted content and any proprietary information constituting the Cloud Portal and /or API.
Intellectual Property Rights. You acknowledge and agree that these Terms and Conditions of Use are not intended to convey or transfer to you any intellectual property rights or to grant any licenses in or to any technology or intellectual property or content, other than as expressly provided herein. The content contained constituting the Cloud Portal and the API credentials, including, but are not limited to, software, product information, technology information, user guides, white papers, analysis, trade names, graphics, designs, icons, audio or video clips and logos, is Skyhawk’s proprietary information, protected by copyright, trademark, patent and/or other intellectual property rights, under US and international law.
Disclaimer of Warranty. Unless specifically agreed otherwise in writing between Skyhawk and You, the Cloud Portal and/or the API are provided “as is” and without warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Limitation of Liability. Unless specifically agreed otherwise in writing between Skyhawk and You, Skyhawk shall not be liable to You or any other party for any indirect, special, incidental or consequential damages, including, but not limited to, any amounts representing loss of profits, loss of business, loss of information or punitive damages accrued in connection with Your use of the Cloud Portal and/or the API. Without derogating from the foregoing, in no event shall Skyhawk’s liability exceed $5,000. The above limitations shall apply to the fullest extent permitted by law.
Termination. Upon suspension or termination of the Cloud Offering for any reason, Skyhawk will have the right to disable and delete Your and Your User’s access to Your Account immediately and to delete all Your data thirty (30) days after termination or expiration of the Cloud Offering.
These Terms and Conditions of Use do not affect and/or modify any existing agreement between Skyhawk and You relating to the use of the Cloud Offerings, under which You purchased and/or distributed the relevant Cloud Offerings.
Governing Law and Forum. Unless specifically agreed otherwise in writing between Skyhawk and You, these Terms and Condition of Use shall be governed and construed in accordance with the substantive laws of, and venue will be located in:
(i) Israel if You are located in Israel;
(ii) England and Wales if You are located in EMEA;
(iii) Singapore if You are located in APAC; and
(iv) the state of New York for all other locations.
COPYRIGHT © 2023, Skyhawk Security (CNP) Ltd. All Rights Reserved.