Thank you for using phishla (phishla represents all the “Solutions and Services” under the branding of phishla). By using phishla, you agree to our Terms of Service, which is a legal agreement. If you are using phishla for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites, Solutions and Services.

When we say, “we,” “our,” or “us,” we are referring to Cyber Intelligence Sdn Bhd, a Malaysia-based private limited company, our employees, directors, officers, affiliates, and subsidiaries.

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the phishla Services.

When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy.

When we say “Websites,” we mean our websites located at https://phishla.com and https://app.phishla.com, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.

When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up phishla.

When we say “phishla,” we mean our Websites, Solutions and Services collectively.

When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

To use phishla, you must (a) be at least eighteen (18) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:

• You are responsible for all content you provide and your activities on phishla;
• You will use phishla in compliance with all applicable laws, rules, and regulations;
• You will not use phishla to solicit the performance of any activity which infringes our rights or the rights of others; and
• You will not use phishla to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.

If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.

As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use phishla. Your use of phishla is at your own risk.

You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.

We own phishla and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of phishla, our Solutions, our Services, or our content on phishla without our written permission.

You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into phishla or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We are not responsible for any losses due to stolen or hacked passwords.

You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.

The free trial offer (if any) entitles new, registered users to a period of unpaid (free) trial of the Solutions and Services.

Subscription Plans: Payment in advance is required to start using and to continue using the Solutions and Services after the trial period (if any) ends. The Solutions and Services are billed in advance on a periodic basis. All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.

We reserve the right to change the fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to phishla website or by email.

You are solely responsible for the proper cancellation of your account. You may cancel your account by sending an email to support@phishla.com. You will not be charged after cancellation. There is no cancellation fee.

No refund will be given if the Solution or Service cancellation is done before the expiry date of the subscription.

In the event of cancellation or termination your account will be immediately disabled, and your account and information will be retained for a period of one (1) year from the cancellation date after which all information will be purged.

We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of phishla.

To the maximum extent permitted by law, we provide phishla on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) phishla will meet your specific requirements, (ii) phishla will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of phishla will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through phishla will meet your expectations, and (v) any errors in phishla will be corrected.

To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of phishla and any linked sites and services. Your sole remedy against us for dissatisfaction with phishla is to stop using phishla. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Solutions and Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

You agree that all matters relating to your access to or use of phishla, including all disputes, will be governed by the laws of Malaysia. You agree to the personal jurisdiction by and venue in the state and federal courts in Kuala Lumpur, Malaysia and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Solutions and Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

You agree that we are not liable for any delays or failure in performance of any part of the Solutions and Services, from any cause beyond our control.

If one or more sections of the Terms of Service are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms of Service will still be valid and enforceable.

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and all documents incorporated into these Terms of Service by reference constitute the entire agreement between you and us and govern your use of phishla, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Service, at any time. Amendments or changes to these Terms of Service won’t be effective until we post revised Terms of Service on the Website. Unless explicitly stated otherwise, any new features that augment or enhance phishla shall be subject to the Terms of Service.

It is your responsibility to check the Terms of Service periodically for changes. Your continued use of phishla following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to phishla, or any portion of phishla for any reason; (2) to modify or change phishla, or any portion of phishla, and any applicable policies or terms; and (3) to interrupt the operation of phishla, or any portion of phishla, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

If you have any questions or concerns about the Terms of Service, please email us at support@phishla.com.