Terms and Conditions

Phishmake provides services related to cybersecurity awareness, including:

• Phishing simulation campaigns;
• Cybersecurity awareness training;
• Training assignments and notifications;
• Campaign and employee participation reporting;
• Related platform features; and
• Managed phishing simulation and cybersecurity awareness services where separately purchased.

Phishmake is intended to help organizations conduct authorized security awareness and training activities.

You must use the Services only for lawful and authorized business purposes.

If you purchase or administer the Services on behalf of an organization, you represent and warrant that:

• You are authorized to act on behalf of that organization;
• You have authority to add users, employees, or other End Users to the platform;
• You have the necessary legal basis, permissions, notices, or other authority required to provide End User information to Phishmake; and
• Your use of phishing simulations and training campaigns complies with applicable law and your organization's policies.

You are responsible for all activity performed through your account and for maintaining the confidentiality of account credentials.

Phishmake is a paid business service.

We do not provide a free trial unless expressly agreed by Phishmake in writing.

Our subscription plans require a minimum purchase of 10 employee seats.

By purchasing a subscription, you agree to pay for at least the applicable minimum number of seats and any additional seats or services selected by you.

Subscription fees, service scope, seat quantities, and applicable taxes will be communicated through the applicable pricing page, order form, invoice, quotation, or other written agreement.

Customers may add or upload employee or End User email addresses and other relevant information to use the Services.

You are responsible for ensuring that you have the appropriate authority to provide such information to Phishmake.

Phishmake will use employee or End User email addresses provided through a customer account only for purposes directly related to delivering the Services, including:

• Sending authorized phishing simulation emails;
• Sending cybersecurity awareness training assignment and notification emails;
• Sending related training or simulation reminders;
• Recording campaign interaction and training participation data; and
• Operating, supporting, securing, and improving the Services as permitted under our Privacy Policy.

Phishmake will not use employee email addresses uploaded by a customer for Phishmake's own newsletters, promotional marketing, or unrelated transactional communications.

We may use the contact information of customers, account owners, and authorized account contacts to send:

• Important service and operational information;
• Account and security notices;
• Billing and payment communications;
• Product updates;
• Support communications;
• Newsletters; and
• Marketing or promotional information where permitted by applicable law.

You may opt out of marketing communications where permitted and applicable. You cannot opt out of essential service, security, legal, billing, or account communications that are necessary for us to provide the Services.

Customers may purchase a Managed Service offering from Phishmake.

Under Managed Services, Phishmake may perform agreed activities on the customer's behalf, including:

• Planning phishing simulation campaigns;
• Configuring and scheduling campaigns;
• Managing training assignments;
• Sending phishing simulation and training notifications;
• Monitoring campaign and training activity;
• Preparing reports;
• Managing selected platform activities; and
• Providing other agreed operational support.

The exact scope of Managed Services may be set out in a quotation, order form, proposal, statement of work, or other written agreement.

The customer remains responsible for:

• Providing accurate information and instructions;
• Maintaining authority to conduct the campaigns and training;
• Ensuring the necessary internal approvals and employee notices are in place;
• Providing lawful and appropriate content or instructions where the customer controls such content; and
• Reviewing reports and service outputs where appropriate.

Managed Services do not transfer legal responsibility for the customer's employment, regulatory, or internal compliance obligations to Phishmake unless expressly agreed in writing.

You agree to pay all applicable fees for the Services according to the applicable order, invoice, subscription, quotation, or agreement.

Unless otherwise agreed in writing:

• Fees are payable in advance for the applicable subscription or service period;
• Applicable taxes may be charged in addition to stated fees;
• Failure to make payment may result in suspension or termination of the Services; and
• You are responsible for providing accurate billing information.

For billing questions, contact billing@phishmake.com.

Our refund rules are described in our Refund Policy, which forms part of these Terms.

Except where otherwise required by applicable law or expressly agreed by us in writing, payments made for Phishmake subscriptions and services are non-refundable.

A customer is not entitled to a refund merely because:

• The customer chooses not to continue using the Services;
• The customer does not use all purchased seats;
• The customer does not use the Services for the full subscription period; or
• The customer's subscription or plan reaches its end date.

Cancellation or non-renewal does not create a right to a refund for fees already paid.

You must not use Phishmake:

• For unlawful, fraudulent, or unauthorized purposes;
• To impersonate individuals or organizations without proper authorization;
• To harass, threaten, deceive, or cause unlawful harm;
• To distribute malicious software or intentionally harmful content;
• To conduct phishing simulations against individuals or organizations for which you do not have appropriate authority;
• To interfere with the security, availability, or operation of the Services;
• To gain unauthorized access to accounts, systems, or networks;
• To reverse engineer, copy, modify, or create unauthorized derivative works of the Services except where prohibited by applicable law; or
• In violation of applicable laws or regulations.

Phishmake may investigate suspected violations and suspend or terminate access where reasonably necessary.

Phishmake and its related software, platform, content, branding, documentation, templates, designs, and intellectual property are owned by Cynomake Technologies Private Limited or its licensors.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription period for your internal business purposes.

No ownership rights are transferred to you.

Each party may receive confidential information from the other in connection with the Services.

Each party agrees to use the other party's confidential information only as reasonably necessary to perform or receive the Services and to protect such information using reasonable safeguards.

This obligation does not apply to information that is publicly available through no breach of these Terms, independently developed without use of confidential information, lawfully received from another source without a confidentiality obligation, or required to be disclosed by law.

The Services may rely on or integrate with third-party infrastructure, hosting providers, email delivery providers, payment processors, or other service providers.

Phishmake is not responsible for third-party services that are outside our reasonable control, except to the extent required by applicable law.

We may suspend or terminate access to all or part of the Services where reasonably necessary, including if:

• You violate these Terms;
• Payment is overdue;
• Your use creates a security, legal, or operational risk;
• We are required to do so by law or a governmental or regulatory authority;
• We need to conduct emergency or scheduled maintenance; or
• Events outside our reasonable control materially affect our ability to provide the Services.

Where reasonably practicable, we may provide notice of a suspension. Advance notice may not be possible in an emergency or security-related situation.

Termination does not automatically entitle you to a refund.

We will use reasonable efforts to provide and maintain the Services, but we do not guarantee that the Services will be uninterrupted, error-free, or available at all times.

Phishing simulation and cybersecurity awareness training are designed to support organizational awareness and training efforts. They do not guarantee that an organization or individual will prevent, detect, or avoid every cybersecurity incident, phishing attack, data breach, or other security threat.

Except where prohibited by applicable law, the Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, Phishmake and Cynomake Technologies Private Limited will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, business opportunity, or data, arising out of or related to the Services.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Services will not exceed the amount paid by the customer to Phishmake for the specific Services giving rise to the claim during the applicable subscription period.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Phishmake, Cynomake Technologies Private Limited, and their directors, officers, employees, and representatives from claims, losses, damages, liabilities, and reasonable expenses arising from:

• Your unlawful or unauthorized use of the Services;
• Your breach of these Terms;
• Your lack of authority to provide employee or End User data; or
• Your violation of applicable law or third-party rights.

Neither party will be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government actions, internet or telecommunications failures, widespread service outages, labor disputes, pandemics, or similar events.

We may update these Terms from time to time.

Updated Terms will be posted on our website with a revised Effective Date. Where required by applicable law, we will provide additional notice or obtain consent before material changes take effect.

These Terms shall be governed by the laws of Ahmedabad, Gujarat, India, unless otherwise required by applicable law or expressly agreed in a separate written agreement.

Subject to applicable law and any separate written agreement between the parties, the courts having jurisdiction over Cynomake Technologies Private Limited shall have jurisdiction over disputes arising from these Terms.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

Our failure to enforce a provision does not constitute a waiver of that provision.

You may not assign these Terms without our prior written consent, except as permitted by applicable law. We may assign our rights or obligations in connection with a merger, acquisition, restructuring, or transfer of our business.

These Terms, together with our Privacy Policy, Refund Policy, and any applicable order form, quotation, statement of work, or written agreement, constitute the agreement between you and Phishmake regarding the applicable Services.