Privacy Policy
and Terms of Use

Terms and Conditions

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These terms and conditions (the "Terms and Conditions") and the Proposal / Cover Sheet to which they are attached govern Client's  use of the Product and the Services (as such terms are defined below). WHEREAS, Vicarius is the owner of certain  proprietary technology which manages software vulnerabilities (the "Service"), through a software component installed  on end user devices (the "Client Software"), monitored and managed through an online dashboard platform (the  "Platform", and together with the Service and the Client Software, the "Product"), as further detailed in the Cover Sheet  and the Documentation; and WHRERAS Client wishes to use the Products and to obtain from Vicarius certain integration,  support and maintenance services in connection therewith; NOW, THEREFORE, in consideration of the conditions herein  contained, the parties, intending to be legally bound, agree as follows:

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1. Services

1.1. Subject to the terms of the Agreement, Vicarius shall provide the Client with the Services through the  Platform.
1.2. During the Term and subject to Client's compliance with the terms and conditions of this Agreement,  Vicarius grants Client a non-exclusive, non-transferable, non- sublicensable, limited term revocable right  (i) for Client's employees, agents, representatives and contractors to access the Platform for Client's internal  business use (the "Authorized Users"); and (ii) to install the Client Software on the number of devices set  forth in the Cover Sheet, according to the associated documentation provided by Vicarius or available  through the Platform (the "Documentation").

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2. Client’s Obligations.

‍2.1. Client hereby undertakes to use the platform, the Services, and all related software and Documentation  in compliance with all applicable laws and regulations, including but not limited to applicable data security  and privacy laws.
2.2. Client represents and warrants that no third party agreement prevents it from using the Products as  contemplated hereunder.
2.3. Client undertakes to manage and secure all Client Software keys and login credentials used by  Authorized Users in connection with their use of the Platform, and protect the same against unauthorized  use or disclosure.

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3. Fees. In consideration for the Services, Client shall pay Vicarius the Fee as set forth in the Proposal (the "Fees").

Customer shall pay Vicarius either directly or via an Authorized Partner the fees and charges set forth in the Accepted Purchase Order. Unless specified otherwise in an Accepted Purchase Order, Products priced in one-year increments may be adjusted annually as mutually agreed by the parties. In the absence of such agreement, Vicarius may increase the amount of such charges, provided that the amount of such annual increase shall not exceed eight (8) percent. Amounts due shall be invoiced at the commencement of each such service period specified in an Accepted Purchase Order. In the event that the number of seats of the Client Software actually used by the Client exceeds the Maximum Number of Seats, Vicarius will charge the price for such overuse in accordance with Vicarius’ then applicable unit price, and the Fee shall be adjusted upwards accordingly.

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4. Intellectual Property Rights; Confidentiality

‍4.1. All intellectual property rights in the Product, Services and all specifications, user manuals and other  documentation associated therewith (the "Documentation") and any part thereof, including any and all  derivatives, changes and improvements thereof lie exclusively with Vicarius. Client shall (i) not attempt to  infiltrate, hack, reverse engineer, decompile, or disassemble the Product or any part thereof for any  purpose; (ii) not represent that it possesses any proprietary interest in Product, Documentation or any part  or derivative thereof; (iii) not directly or indirectly, take any action to contest Vicarius's intellectual property  rights or infringe them in any way; (iv) except as specifically permitted in writing by Vicarius, not use the  name, trademarks, trade-names, and logos of Vicarius; (v) except as specifically permitted herein, not copy  any part or content of the Product, of reports produced using the Product or of Documentation other than  for Client’s own internal business purposes; (vi) not copy any features, functions or graphics of the Products  or use it to build a competitive product or service; and (vii) not remove the copyright, trademark and other  proprietary notices contained on or in Products or Documentation. Client shall take no action, directly or  indirectly, to register Vicarius trademarks (or their variation), domain names, or copyrights in its own name  and shall provide commercially reasonable assistance to Vicarius to prevent the occurrence of such activity  by any third parties.
4.2. For the purposes hereof, "Confidential Information" means any proprietary or trade secret information  disclosed by one party to the other which can be reasonably understood under the circumstances to be  confidential, but excluding any information that: (i) is now or subsequently becomes generally available in  the public domain through no fault or breach on the part of receiving party; (ii) the receiving party can  demonstrate in its records to have had rightfully in its possession prior to disclosure of the Confidential
Information by the disclosing party; (iii) the receiving party rightfully obtains from a third party who has the  right to transfer or disclose it, without default or breach of this Agreement; (iv) the receiving party can  demonstrate in its records to have independently developed, without breach of this Agreement and/or any  use of or reference to the Confidential Information.
4.3. The receiving party agrees (i) not to disclose the disclosing party’s Confidential Information to any  third parties other than to its directors, employees, advisors, or consultants (collectively, its  “Representatives”) on a “need to know” basis and provided that such Representatives are bound by  confidentiality obligations not less restrictive than those contained herein; (ii) not to use or reproduce any  of the disclosing party’s Confidential Information for any purposes except to carry out its rights and  responsibilities under this Agreement; (iii) to keep the disclosing party’s Confidential Information confidential  using at least the same degree of care it uses to protect its own confidential information, which shall in any  event not be less than a reasonable degree of care. Notwithstanding the foregoing, if the receiving party is  required by legal process or applicable law, rule, or regulation to disclose any of the disclosing party’s  Confidential Information, then prior to such disclosure, if legally allowed, receiving party will give prompt  notice to the disclosing party so that it may seek a protective order or other appropriate relief. The  confidentiality obligations hereunder shall expire three years from the date of termination or expiration of  this Agreement and shall supersede any previous confidentiality undertakings between the parties.

‍5. Disclaimer; Limitation of Liability

‍5.1. VICARIUS PROVIDES THE PRODUCT, SERVICES, AND DOCUMENTATION TO CLIENT ON AN  “AS IS” BASIS, WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND, AND VICARIUS  EXPRESSLY DISCLAIMS ALL WARRANTIES - STATUTORY, EXPRESS, IMPLIED OR OTHERWISE,  INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHENTABILITY, NON INFRINGEMENT,  FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. VICARIUS FURTHER DISCLAIMS ANY  WARRANTY THAT THE OPERATION OF THE VICARIUS PLATFORM OR ANY RELATED SERVICES  WILL BE UNINTERRUPTED OR ERROR-FREE.
5.2. EXCEPT FOR WILLFUL MISCONDUCT OR FRAUD, AND TO THE MAXIMUM EXTENT  PERMITTED BY LAW, VICARIUS’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR  RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY  CLIENT TO VICARIUS DURING THE 12 MONTHS PRECEDING THE DATE THE LIABILITY FIRST  ARISES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE  LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF  SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR  CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, TORT  (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT VICARIUS  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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6. Term; Termination

6.1. This Agreement shall commence on the Effective Date and will continue for the Term set forth in the  Proposal / Cover Sheet. The Agreement shall automatically renew for additional 12 months periods unless either party  provides written notice of its desire to terminate to the other party at least 60 days prior to the expiry of the  then applicable term, unless otherwise terminated in accordance with the terms of this Section 6 ("Term").
6.2. Either party may terminate this Agreement immediately by giving written notice to the other party if: (i)  the other party breaches a material provision of this Agreement and fails to cure the breach within seven  days after being given written notice thereof; (ii) the other party is judged bankrupt or insolvent, makes a  general assignment for the benefit of its creditors, a trustee or receiver is appointed for such party; or (iii)  any petition by or on behalf of such party is fled under any bankruptcy or similar laws, provided that Vicarius  may also terminate this Agreement if Vicarius reasonably believes Client intends to undergo any of the  foregoing.
6.3. Upon termination of this Agreement, Client will immediately cease use of the Product and any Service,  each party shall return to the other party all of the other party's Confidential Information in its possession  and any outstanding Fees shall become due and payable. Sections 4, 5, 6, 7 and 8 shall survive any  expiration or termination of this Agreement.

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‍7. Notices.
All notices or other communications hereunder shall be in writing and given in person, by registered mail,  by an overnight courier service which obtains a receipt to evidence delivery, or by facsimile or email  transmission with written confirmation of receipt, addressed to the address set forth above or to such other
address as any party hereto may designate to the other in accordance with the aforesaid procedure. All  notices and other communications delivered in person or by courier service shall be deemed to have been  given upon delivery, those given by facsimile or email transmission shall be deemed given on the business  day following transmission, and those sent by registered mail shall be deemed given three calendar days  after posting.
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8. General.
Vicarius may, with Client’s prior approval, issue publicity or general marketing communications concerning  its involvement with the Client. This Agreement constitutes the entire agreement between Vicarius and  Client and supersedes any previous agreements or representations, either oral or written, with respect to  the subject matter of this Agreement. All amendments will be made only in writing. Client shall not transfer  or assign its rights or obligations under this Agreement to any third party. Any purported assignment contrary  to this section shall be void. Vicarius may assign its rights and obligations under this Agreement upon a  prior written notice to Client. If any part of this Agreement is declared invalid or unenforceable for any  reason, such part shall be deemed modified to the extent necessary to make it valid and operative and in  a manner most closely representing the intention of the parties, or if it cannot be so modified, then  eliminated, and such elimination shall not affect the validity of any remaining portion, which shall remain in  force and effect. Any failure by a party to insist upon or enforce performance by the other of any of the  provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise by  law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right  or remedy in that or any other instance. This Agreement is governed by the laws of the State of Israel,  without regards to its conflict of laws principles, and any dispute arising from this Agreement shall be brought  exclusively before the courts of Tel Aviv District, Israel.

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Service Level Agreement (SLA)

1. Agreement Overview
This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) for the provisioning of the  vRx SaaS Platform (formerly known as TOPIA). This Agreement remains valid until superseded by a revised  agreement mutually endorsed by the stakeholders. This Agreement outlines the parameters the services  covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede  current processes and procedures unless explicitly stated herein.
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2. Goals & Objectives
The purpose of this Agreement is to ensure that the proper elements and commitments are in place to  provide consistent service support and delivery to the Customers by the Vicarius. The goal of this  Agreement is to obtain mutual agreement for service provision between Vicarius and its Customers. The  objectives of this Agreement are to:

• Provide clear reference to service ownership, accountability, roles and/or responsibilities.
• Present a clear, concise and measurable description of service provision to the customer.
• Match perceptions of expected service provision with actual service support & delivery.

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‍3. Stakeholders
The following Service Provider(s) and Customer(s) will be used as the basis of the Agreement and represent  the primary stakeholders associated with this SLA: vRx (formerly known as TOPIA) Service Provider(s):  Vicarius. (“Provider”) Customers: Customer (“Customer”)
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4. Periodic Reviews
This Agreement is valid from the Effective Date outlined herein and is valid until further notice. This  Agreement should be reviewed at a minimum once per fiscal year; however, in lieu of a review during any  period specified, the current Agreement will remain in effect. The Business Relationship Manager  (“Document Owner”) is responsible for facilitating regular reviews of this document. Contents of this  document may be amended as required, provided mutual agreement is obtained from the primary  stakeholders and communicated to all affected parties. The Document Owner will incorporate all  subsequent revisions and obtain mutual agreements / approvals as required.
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5. Service Agreement
The following detailed service parameters are the responsibility of the Service Provider in the ongoing
support of this Agreement.

5.1. Service Scope
The following Services are covered by this Agreement; Manned chat support - using the  platform’s built-in chat Monitored email support - support@vicarius.io vRx (formerly known as  TOPIA) ticketing system - https://customer-portal.vicarius.io/portal Remote assistance using  Remote Desktop and a Virtual Private Network where available Planned or Emergency Onsite  assistance (extra costs apply)
5.2. Customer Requirements
Customer responsibilities and/or requirements in support of this Agreement include: Payment  for all support costs at the agreed interval. Reasonable availability of customer  representative(s) when resolving a service related incident or request.
5.3. Service Provider Requirements
Service Provider responsibilities and/or requirements in support of this Agreement include:  Meeting response times associated with service related incidents. Appropriate notification to  Customer for all scheduled maintenance.
5.4. Service Assumptions
Assumptions related to in-scope services and/or components include:

• Changes to services will be communicated and documented to all stakeholders.

6. Service Management
Effective support of in-scope services is a result of maintaining consistent service levels. The  following sections provide relevant details on service availability, monitoring of in-scope services and  related components.

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6.1. Service Availability:
Coverage parameters specific to the service(s) covered in this Agreement are as  follows:
Chat support:  ‍

• Available from 9:00 A.M. GMT+2 to 5:00 P.M. GMT+2, Sunday to Thursday.
• Chat requests received out of office hours will be forwarded to the team and best efforts  will be made to respond and address the chat.

Email support:

• Emails will be monitored from 9:00 A.M. GMT+2 to 5:00 P.M. GMT+2, Sunday to Thursday.
• Emails received outside of office hours will be collected, but guaranteed action will only  be provided on the next working day.

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6.2. Service Requests:
In connection with Services related incidents and/or requests submitted by the  Customer, the Provider will adhere to the following response time frames:

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• Critical Severity (e.g. Service is completely unavailable): Customer shall make direct  communication with Vicarius and response time shall be up to maximum 1 hour.
• High Severity (e.g. significant communication issues with multiple agents): Customer  shall make direct communication with Vicarius and response time shall be up to  maximum 4 hours.
• Medium severity (e.g. a specific app does not have patches available): Customer shall  open a support ticket and response time shall be up to maximum 24 hours.
• Low severity (e.g. Typo in the UI): Customer shall open a support ticket and response  time shall be up to maximum 3 working days.
• Remote assistance will be provided in-line with the above timescales dependent on the  priority of the support request.

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Introduction

Vicarius Ltd. ("us", "we" or "Company") respect the privacy of our users (each, "you" or "User") and are committed  to protect the privacy of Users who access, visit, use, or engage with our website (collectively: the "Services"). The  Company has prepared this Privacy Policy to outline our practices with respect to collecting, using and disclosing  your information when you use the Services. We encourage you to read the Privacy Policy carefully and use it to
make informed decisions. By using the Services, you agree to the terms of this Privacy Policy and your continued  use of the Services constitutes your ongoing agreement to the Privacy Policy. The Privacy Policy is a part of the  Terms of Use and is incorporated therein by reference. In this Privacy Policy you will read about, among other  things:

• What type of information we collect
• Cookies and Google Analytics
• How we use the information
• With whom we share the information and for what purpose of International transfer
• For how long we retain the information
• Your privacy rights
• How we protect your information
• Marketing
• Minors
• How to contact us

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What type of information we collect

We may collect two types of data and information from our Users. The first type of information is un-identified and  non-identifiable information pertaining to you, which may be made available or gathered via your use of the  Services ("Non-personal Information"). We are not aware of the identity from which the Non-personal Information  is collected. Non-personal Information which is collected may include your aggregated usage information and  technical information transmitted by your device, including certain software and hardware information about your  device (e.g., the device you use, the type of browser and operating system your device uses, language preference,  access time and the website's domain name from which you linked to the Services, etc.), in order to enhance the  functionality of the Services. We may also collect information about your activity on the Services (e.g., clicks,  reading, registering, etc.). The second type of information is individually identifiable information, namely  information that identifies an individual or may with reasonable effort identify an individual ("Personal Information").  We collect Personal Information which you provide to us voluntarily. For instance, when you respond to  communications from us, communicate with us via email or share additional information about yourself through  the Contact Us page on our website. We may also collect the feedback, suggestions, complaints and reports which  you send to us. For the avoidance of doubt, if we combine Personal Information with Non-personal Information, the  combined information will be treated as Personal Information as long as it remains combined.

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Cookies and Google Analytics

We may use cookies and other technologies or methods of web and mobile analysis (e.g., Google Analytics) to gather, store, and track certain information related with your access to and activity through the Services. A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and may be used for various different purposes. These purposes include, among other things, allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences and making the interaction between you and the Services quicker, easier and smoother. We may use Third-Party Cookies which are set by other online services (e.g., Google Analytics) that run content on the page you view on your browser. You may remove the cookies by following the instructions of your device preferences. We also use a tool called Google Analytics to collect information about your use of the Services. Google Analytics collects information such as how often users access the Services, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Service and the Google Privacy Policy.

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With whom we share the information and for what purpose

We do not rent, sell, or share your Personal Information with third-parties except as described in this Privacy  Policy. We may share Personal Information with the following recipients: (i) our subsidiaries; (ii) affiliated  companies; (iii) subcontractors and other third-party service providers; (iv) auditors or advisors of our business  processes; and (v) any potential purchasers or investors in the Company. In addition to the purposes listed in this  Privacy Policy, we may share Personal Information with our recipients for any of the following purposes: (i) storing  or processing Personal Information on our behalf; (ii) processing such information to assist us with our business  operations; (iii) performing research, technical diagnostics, personalization and analytics; and (iv) communicating  promotional and informational materials, in accordance with our marketing policy (see below under "Marketing").  We may also disclose Personal Information, or any information you submitted via the Services if we have a good  faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable  law, regulation, legal process or governmental request; (ii) enforce our policies, including investigations of potential  violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing,  suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent  harm to the rights, property or safety of us, our affiliates, our Users, yourself or any third-party; (vi) for the purpose  of collaborating with law enforcement agencies; and (vii) in case we find it necessary in order to enforce intellectual  property or other legal rights.

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Third-party collection of information

Our Privacy Policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties via the Services (e.g., by clicking on a link to any other website or location) or via other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. You acknowledge that we are not responsible for the products, services, or descriptions of products or services that you receive from third-party sites or to the content or privacy practices of those sites, and that this Privacy Policy does not apply to any such third-party products and services. You are knowingly and voluntarily assuming all risks of using third-party sites to purchase products and services. You agree that we shall have no liability whatsoever with respect to such third-party sites and your usage of them.

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International transfer

Since we operate globally, it may be necessary to transfer data, including Personal Information, to countries  outside the European Union. The data protection and other laws of these countries may not be as comprehensive  as those in the European Union - in these instances we will take steps to ensure that a similar level of protection  is given to Personal Information, including through adequate contractual measures. You hereby consent to the  transfer of Personal Information to countries outside the European Union.

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For how long is the information retained

We retain the information we collect from you for as long as needed to provide our Services and to comply with  our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise). We may  rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

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Your Privacy Rights and Choices

A. Personal Data Requests  
Depending on your location and applicable laws, you may have the following data protection rights:

• Access, Correction or Deletion. You can request access, correction, updates or deletion of your Personal Data.
• Objection or Restriction. You can object to our processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data.
• Withdraw Consent. If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.

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To exercise any of these rights, please contact us at privacy@vicarius.io.
Please note that to protect Personal Data, we may verify your identity by a method appropriate to the type of request you are making. Depending on where you reside, you may be entitled to empower an “authorized agent” to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws.
We will respond to your request to change, correct, or delete your data within a reasonable timeframe and notify you of the action we have taken. In some instances, your rights may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. Depending on your location, and applicable laws, you may have the right to complain to a data protection authority about our collection and use of your Personal Data.

B. To Unsubscribe from Our Communications
To unsubscribe from our marketing communications, please contact us at privacy@vicarius.io.
Customers cannot opt out of receiving transactional emails related to their Subscription Service

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How we protect your information

We take great care in implementing and maintaining the security of the Services and safeguarding information  which relates to you. We employ industry standard procedures and policies to ensure the safety of your information  and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard such  information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Services,  and we make no warranty, express, implied or otherwise, that we will prevent such access. If you believe that your  privacy was not treated in accordance with our Privacy Policy, or if any person attempted to abuse our Services  or acted in an inappropriate manner, it will be advisable to contact us directly at: info@vicarius.io.

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Marketing

We may use your Personal Information, such as your full name, email address, etc. ourselves or by using our  third-party subcontractors for the purpose of providing you with promotional materials, concerning the Services.  Out of respect to your right to privacy we provide you within such marketing materials with means to decline  receiving further marketing offers from us. In addition, at any time, you may request to unsubscribe and discontinue  receiving marketing offers by sending us a blank message with the word "remove" to: info@vicarius.io. Please  note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related  updates and notifications.

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Corporate transaction

We may share information that relates to you, including Personal Information, in the event of a corporate  transaction (e.g., sale of a substantial part of our business, merger, consolidation or asset sale of an asset or  transfer in the operation thereof) of the Company. In this event, the acquiring company or transferee will assume  the rights and obligations as described in this Privacy Policy.

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Minors

The Services are not designated to individuals under the age of 18. If you are under 18 years old, you should not
use the Services or provide any Personal Information to us. We reserve the right to access and verify any Personal  Information collected from you by us. In the event that we become aware that an individual under the age of 18  has shared any information, we will discard such information. If you have any reason to believe that a minor has  shared any information with us, it will be advisable to contact us at: info@vicarius.io.
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Updates or amendments to the Privacy Policy

We may revise this Privacy Policy from time to time, in our sole discretion, and the most current version will always  be posted on our website (as reflected in the "Last Revised" heading). In the event of a material change to the  Privacy Policy, we will notify you through the Services or via email. We encourage you to review this Privacy Policy  regularly for any changes. Your continued use of the Services, following the notification of such amendments,  constitutes your acknowledgement and consent of such amendments to the Privacy Policy and your agreement to  be bound by the terms of such amendments.
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Contact

If you have any general questions regarding the Services or the information that we collect about you and how we  use it, please contact us at: info@vicarius.io.
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Information about us

The details of the Company are as follows: Derech Menachem Begin 154, Tel Aviv-Yafo, Israel

Vicarius Ltd. and Vicarius Inc. (collectively "Vicarius", "we", "our", "Company") welcome you (the "User(s)", or "you") to our website at vicarius.io (the "Site"). Our Site offers basic information on our company and technology. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.