Terms of Use

Sponsor Terms and Conditions

Introduction

Thank you for your interest in partnering with TRUSTYCYBER as a Sponsor. These Sponsor Terms and Conditions (“Sponsor Terms”) govern your participation as a sponsor on the TRUSTYCYBER Platform. By offering rewards, content, or otherwise participating as a sponsor in TRUSTYCYBER’s cybersecurity gamification services, you (“Sponsor” or “you”) agree to these Sponsor Terms. These terms form a binding agreement between the Sponsor and TRUSTYCYBER (“TRUSTYCYBER”, “we”, “us”, or “our”). If you have executed a separate written sponsorship or partnership agreement with TRUSTYCYBER and there is any conflict between that agreement and these Sponsor Terms, the separate signed agreement will prevail to the extent of the inconsistency. Otherwise, these Sponsor Terms apply in full.

TRUSTYCYBER’s Platform allows Sponsors to engage with our user community (typically employees of our client companies or individual cybersecurity enthusiasts) by providing rewards for participation and potentially sponsoring specific challenges or content. As a Sponsor, you may gain exposure for your brand, product, or service, and receive aggregated insights about user engagement. In doing so, you must adhere to these Sponsor Terms to ensure a positive and lawful experience for all parties.

We reserve the right to update or modify these Sponsor Terms from time to time. We will notify you of any material changes (for example, via email or through the Sponsor dashboard) and update the effective date. Your continued participation as a Sponsor after such changes indicates your acceptance of the updated terms.

Sponsor Eligibility and Registration

Eligibility: Sponsoring on the TRUSTYCYBER Platform is generally open to businesses, organizations, or individuals acting in a business capacity that offer products or services relevant or beneficial to our user community. By agreeing to these terms, you represent and warrant that you are an organization (or an individual acting on behalf of an organization) that is duly formed and in good standing under the laws of your jurisdiction, and that you have the authority to enter into these Sponsor Terms. You must be at least 18 years old and legally capable of entering contracts. TRUSTYCYBER reserves the right to decline any potential Sponsor if we determine, in our sole discretion, that the Sponsor or its offerings are not a good fit for the Platform.

Registration and Account: To become a Sponsor, you may need to register an account or work with our team to set up your sponsorship profile. You agree to provide accurate and complete information about your organization and to keep such information up to date. All activities that occur under your Sponsor account are your responsibility. Notify us promptly at [email protected] if you suspect any unauthorized access to your Sponsor account.

Approved Sponsor Content: All Sponsor Content is subject to TRUSTYCYBER’s review and approval. We may require you to modify or remove certain content if we believe it does not meet our guidelines or could harm our users or reputation. You guarantee that all information you provide is truthful, not misleading, and that you have all necessary rights to provide and license that content to us for use on the Platform.

Sponsor Responsibilities and Conduct

As a Sponsor on the TRUSTYCYBER Platform, you agree to the following responsibilities and standards of conduct:

• Provision of Rewards: You will provide the rewards or incentives that you advertise through the Platform to users who legitimately earn or redeem them. Physical items should be shipped in a timely manner. Digital items should be delivered electronically promptly after redemption. You are responsible for all costs associated with providing and delivering your rewards.
• Quality and Compliance of Rewards: All rewards you offer must be lawful, safe, and as promised. You must not offer any reward that is illegal, hazardous, or that would violate any third-party rights. Rewards should be appropriate for a professional setting.
• Sponsoring Challenges or Content: You warrant that any content you contribute does not infringe on any third-party intellectual property rights and is accurate to the best of your knowledge. TRUSTYCYBER reserves the right to make final decisions on content to ensure it meets our quality and educational standards.
• No Unsolicited Marketing to Users: Unless expressly permitted by the user or by TRUSTYCYBER, you will not directly contact Users for marketing purposes outside of the Platform. Any communication with a user should be limited to what is necessary for delivering the reward.
• Privacy and Data Protection: You must handle any personal information of Users that you receive solely for the purpose of fulfilling rewards and in compliance with all applicable data protection laws.
• Integrity and Fair Dealing: You will act in good faith in all interactions on the Platform and will not engage in any activity that undermines the integrity of the Platform’s gamification.
• Compliance with Laws: You will comply with all laws and regulations applicable to your role as a Sponsor and your provision of rewards, including consumer protection laws, privacy laws, anti-bribery laws, export controls, and tax laws.
• Representations and Warranties: You represent and warrant that you have the right to offer the rewards you propose and that doing so will not violate any contracts you have or any laws.

Data Privacy and Security

• Aggregated and Anonymous Data: TRUSTYCYBER will provide you with aggregated, anonymized data about user engagement with your sponsored content or rewards. This data will contain no personally identifiable information about individual users. You agree not to attempt to re-identify any individual from the aggregated data.
• Personal Information for Reward Fulfillment: If a user redeems a reward that you sponsor, TRUSTYCYBER (with the user’s consent) will provide you the minimal necessary personal information to fulfill that reward. You agree to use this personal information strictly for the purpose of fulfilling the reward and for required record-keeping.
• Compliance with Privacy Laws: You agree that you are a “data controller” (or equivalent term under applicable law) for any personal data of users that you receive from TRUSTYCYBER. You will implement appropriate safeguards, not retain personal data longer than necessary, honor valid requests from individuals regarding their data, and not sell or share personal information for cross-context behavioral advertising.
• Data Breach and Incident Reporting: In the event of a security incident or data breach involving personal information of TRUSTYCYBER users, you agree to promptly (within 48 hours if possible) notify TRUSTYCYBER and cooperate in any required notifications to affected individuals or authorities.

Reward Fulfillment and Logistics

• Timely Fulfillment: Once a User redeems your sponsored reward and the necessary information has been provided to you, you should fulfill the reward as soon as reasonably possible.
• Communication with User: All direct communication with users should be professional, limited to what is necessary for delivering the reward, and should not be used to upsell or market other products.
• Costs and Expenses: As a Sponsor, you bear all costs related to providing and delivering your rewards, including shipping, duties, and any other expenses.
• Sponsor Inability to Fulfill: If for any reason you are unable to fulfill a reward that a user has redeemed, you must immediately notify TRUSTYCYBER and find a suitable alternative for the user.
• User Satisfaction and Support: You should handle any issues related to your reward that the user raises, including replacements, corrections, or warranty support.

Intellectual Property and Publicity

Sponsor Intellectual Property: You retain all rights in your name, logos, trademarks, and content you provide to TRUSTYCYBER (“Sponsor IP”). By providing Sponsor IP to us, you grant TRUSTYCYBER a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your Sponsor IP on the Platform and in related marketing materials for the purpose of identifying you as a Sponsor.

TRUSTYCYBER Intellectual Property: TRUSTYCYBER retains all rights in its Platform and brand. These Sponsor Terms do not grant you any rights to use the TRUSTYCYBER name, logos, or other intellectual property in your own marketing unless expressly authorized. You may make factual statements that you are participating in the TRUSTYCYBER program with our prior approval.

Content License for Challenges: If your sponsorship involves providing original content, you retain ownership but grant TRUSTYCYBER a license to use, reproduce, modify, and display that content on the Platform for the duration of the sponsorship.

Publicity: TRUSTYCYBER may include your name and logo in lists of Sponsors on our website and marketing materials. If either party wishes to issue a press release about the sponsorship, it should obtain prior consent from the other party.

Fees and Payment (if applicable)

The specifics of any fees or payments will be detailed in a separate order form, invoice, or written agreement. The following general terms apply where fees are involved:

• Invoices and Payment Terms: You agree to pay invoices within the timeframe stated (typically 30 days from receipt). Payments shall be made in the currency and method agreed.
• Taxes: All fees are exclusive of taxes (GST, VAT, sales tax, etc.) unless expressly stated. Each party is responsible for its own income taxes.
• No Refunds (Generally): Sponsorship fees are generally non-refundable once paid, except in cases of material breach by TRUSTYCYBER or if the sponsorship is cancelled by TRUSTYCYBER without cause.
• Late Payments: If you fail to pay any amount due by the due date, TRUSTYCYBER reserves the right to suspend your Sponsor benefits until payment is received and may charge interest on overdue amounts.

Confidentiality

In the course of the sponsorship, either party may receive confidential or proprietary information about the other’s business, products, or strategies. Both parties agree to treat any information marked as confidential, or that should reasonably be understood to be confidential, as such, and not to disclose it to any third party or use it for any purpose outside the scope of the sponsorship without consent.

If either party is required by law or court order to disclose the other’s confidential information, it will give prompt notice (if legally permitted) to allow the other party to seek a protective order. The duty of confidentiality continues even after the sponsorship ends, for a period of at least 2 years, or indefinitely for trade secrets.

Disclaimers

THE TRUSTYCYBER PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TRUSTYCYBER DOES NOT GUARANTEE ANY PARTICULAR LEVEL OF USER ENGAGEMENT, NUMBER OF IMPRESSIONS, LEADS, OR ROI FROM YOUR SPONSORSHIP. TRUSTYCYBER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRUSTYCYBER’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE SPONSOR TERMS SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO TRUSTYCYBER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IF YOUR SPONSORSHIP IS IN-KIND OR NO FEES WERE PAID, TRUSTYCYBER’S TOTAL LIABILITY SHALL BE LIMITED TO AUD $100.

TRUSTYCYBER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR BUSINESS OPPORTUNITIES, WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE.

Indemnification

You (the Sponsor) agree to indemnify, defend, and hold harmless TRUSTYCYBER, its affiliates, and their respective directors, officers, employees, and agents from and against any and all third-party claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) that arise from or relate to:

• Reward or Product Liability: Any death, personal injury, property damage, or other loss resulting from the use or provision of your reward.
• Violation of Law by Sponsor: Your breach of any applicable laws or regulations in connection with your sponsorship activities.
• Breach of Sponsor Terms: Your breach of these Sponsor Terms or any representation or warranty you made herein.
• Data Incidents: Any security breach or misuse of personal data by you that causes damage to users or TRUSTYCYBER.

Term and Termination

Term of Sponsorship: These Sponsor Terms become effective when you agree to them and remain in effect for as long as you continue to participate as a Sponsor on the Platform, unless terminated earlier.

Termination by TRUSTYCYBER: TRUSTYCYBER may suspend or terminate your sponsorship for convenience by providing at least 30 days’ prior written notice, or immediately if you materially breach these Sponsor Terms and fail to cure the breach within 10 days after receiving notice.

Termination by Sponsor: You may terminate your participation by giving at least 30 days’ written notice to TRUSTYCYBER. Upon termination, you must still honor any reward redemptions that were already made by users prior to the effective termination date.

Effect of Termination: Upon termination, TRUSTYCYBER will remove or archive your Sponsor profile and offerings. Provisions which by their nature should survive (including confidentiality, data protection obligations, indemnification, limitation of liability, and governing law) will survive termination.

Governing Law and Dispute Resolution

These Sponsor Terms shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

Good Faith Negotiation: In the event of any dispute arising out of or relating to these Sponsor Terms, the parties agree to first attempt to resolve the matter through good faith negotiations within 30 days of written notice.

Jurisdiction: Subject to the above negotiation, each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia for the resolution of any disputes arising from these Sponsor Terms.

General Provisions

• Entire Agreement: These Sponsor Terms (along with any applicable supplemental agreements) constitute the entire agreement between you and TRUSTYCYBER with respect to your sponsorship participation.
• Severability: If any provision is held invalid or unenforceable, that provision will be severed and the remainder will continue in full force and effect.
• No Waiver: No failure or delay by either party to exercise any right or enforce any provision shall constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer any of your rights or obligations under these Sponsor Terms without the prior written consent of TRUSTYCYBER.
• Independent Contractors: The relationship between TRUSTYCYBER and Sponsor is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employer-employee relationship.
• Force Majeure: Neither party will be liable for any delay or failure to perform (except payment obligations) due to events outside its reasonable control, such as acts of God, natural disasters, war, or governmental actions.

If you need to contact TRUSTYCYBER regarding these Sponsor Terms or your sponsorship, please email [email protected].

Last updated: January 1, 2025.