Terms of Service

1Who these Terms apply to

These Terms of Service (the “Terms”) are a binding agreement between you, an individual accessing or using STC (an “Authorized User”), and Rapid Cyber Solutions, Inc., a Florida corporation (“Rapid Cyber,” “we,” “us”).

STC is not available for individual sign-up. You have access because an organization — your employer or the entity that engaged you (the “Customer”) — licenses STC under a separate written agreement with us and has provisioned an account for you. In practical terms, your organization is the operator of the Service as you experience it: it decides what the Service does, who may use it, what it captures and what happens to the records. We supply the platform to your organization. By accessing or using the Service, you accept these Terms. If you do not accept them, do not access or use the Service.

Your relationship with your organization — your employment or engagement, and its workplace, acceptable use, monitoring and data policies — is governed by your organization, not by us, and continues to apply to you alongside these Terms. Rights and obligations arising under employment, labor and workplace privacy law run between you and your organization; they are not created, assumed or discharged by us.

2Relationship to the Customer Agreement

The commercial and contractual relationship for the Service is governed by a separate Master Subscription Agreement, Statement of Service, order form or equivalent written agreement between Rapid Cyber and the Customer (together, the “Customer Agreement”). The Customer Agreement is confidential between those parties and is not published here.

These Terms do not create any commercial rights in your favor. They do not entitle you to any service level, credit, remedy, warranty or indemnity, all of which (if any) exist solely under the Customer Agreement and are enforceable only by the Customer. Nothing in these Terms makes you a third-party beneficiary of the Customer Agreement.

3Definitions

• Service — the Smart Team Communicator platform, including its hosted application, desktop and mobile clients, web application, administrative portal, documentation and any updates.
• Customer — the organization that has licensed the Service and has provisioned your account.
• Authorized User — an individual authorized by the Customer to access the Service under the Customer’s subscription.
• Customer Data — all data, content and records submitted to, generated in, or captured by the Service in connection with the Customer’s use, including messages, logs, activity records and any images, recordings or metadata captured by features the Customer has enabled.

4Accounts and eligibility

Accounts are created, assigned, modified, suspended and deleted by the Customer or at the Customer’s direction. Your account belongs to the Customer, not to you.

Eligibility to use the Service is determined by the Customer, within the limits set out here. The Customer is responsible for ensuring that each individual it provisions is legally permitted to use the Service and to perform the work for which it is used.

You must be at least 18 years of age to use the Service, unless your organization has obtained our prior written authorization for your account; in no event may anyone under 13 access or use the Service. Where access by a minor has been so authorized, your organization is responsible for the legal basis for that access, for obtaining any parental or guardian consent required, and for compliance with any restrictions that apply to employing a minor, monitoring a minor, or processing a minor’s data.

Where an Authorized User does not have the legal capacity to accept these Terms, the Customer accepts them on that user’s behalf and remains responsible for the user’s compliance with them.

You are responsible for maintaining the confidentiality of your credentials and for all activity conducted through your account. You must not share credentials, allow another person to use your account, or use another person’s account. Notify your organization’s administrator or help desk promptly if you believe your account has been compromised.

5How you sign in

Your organization decides how you sign in: with credentials issued to you within STC, or through its identity provider using single sign-on. Keep your credentials confidential as set out in section 4. Single sign-on is authentication only — your identity provider password is never sent to, seen by, or stored by us, and it gives us no access to anything else in your organizational account.

6Permitted use

Subject to these Terms and the Customer Agreement, you may access and use the Service solely for the Customer’s internal business purposes and in accordance with the Customer’s instructions and policies. Your access is limited to the areas of the Service the Customer has assigned to you, and those assignments may change at any time at the Customer’s direction.

7Prohibited conduct

You must not, and must not attempt to:

• access any account, record or area of the Service you have not been assigned, or circumvent the Service’s access controls;
• disable, bypass, defeat or interfere with any logging, monitoring, recording, masking, data-loss-prevention or security feature of the Service that the Customer has enabled;
• submit to the Service any payment card data, government identifiers, health information or other sensitive data except as expressly permitted by the Customer’s policies and the Customer Agreement;
• copy, record, screen-capture, export or transmit Customer Data or other confidential information outside the Service except as authorized by the Customer;
• reverse engineer, decompile, disassemble, or attempt to derive the source code, structure or algorithms of the Service, except to the extent this restriction is unenforceable under applicable law;
• copy, modify, distribute, sell, sublicense, rent, lease or create derivative works of the Service, or make it available to any third party;
• use the Service to transmit unlawful, harassing, defamatory, abusive, threatening, obscene or discriminatory content, or content that infringes any third party’s rights;
• introduce malware or any code intended to disrupt, damage or gain unauthorized access to the Service or to any system or data;
• conduct penetration testing, vulnerability scanning, load testing or other security probing of the Service without our prior written authorization;
• use automated means to scrape, crawl or extract data from the Service, or use the Service to build a competing product; or
• use the Service in violation of any applicable law, export control or sanctions regime.

8Monitoring, logging and recording

Any communication you send, receive or store through the Service, and any activity you carry out in it, is subject to logging, supervisory access, recording and retention. Features your organization may enable include live monitoring of your screen and of your voice and video sessions by personnel your organization authorizes, such as supervisors or quality, IT and training staff; remote control of your device during a viewed or shared session — which takes effect only if you accept the request, and which you may end or take back at any time; capture of screen images; requests for and capture of photos from your device camera to verify your identity — including, where your organization enables it, capture without notice to you at the time, and automated comparison of the photo against your profile photo; logging of application, website and status activity, including keyboard and mouse activity used to determine whether you are active or idle; retention of communications and their metadata; and automated masking of designated values.

Which of these features are enabled, who within your organization may view the resulting records, and how long records are kept, are decisions made and configured by your organization, not by us. We act on your organization’s instructions. Your organization is solely responsible for giving you any notice, and obtaining any consent, that applicable employment, privacy or biometric law requires before these features are enabled — including any statutory notice and written consent required before photo capture or facial-recognition comparison is used — and for the lawfulness of the monitoring it configures.

9Customer control of accounts and records

The Customer administers the Service and owns and controls Customer Data, which constitutes its business records. The Customer may, without notice to you, access, review, export, retain, disclose, restrict or delete Customer Data associated with your account, and may suspend or terminate your access at any time.

We act on the Customer’s instructions with respect to Customer Data and will not disclose it to you or to any third party except as directed by the Customer, as permitted by the Customer Agreement, or as required by law. We do not act on an individual Authorized User’s instruction to access, amend, export or delete records. If you have a request concerning records about you, raise it with your organization — see the Privacy Policy.

10Confidentiality

Customer Data and information you access through the Service may include confidential information of the Customer and of the Customer’s own clients. You must treat it as confidential, use it only to perform your duties for the Customer, and not disclose it to anyone not authorized to receive it. These obligations survive the end of your access to the Service.

11Intellectual property

The Service, and all software, interfaces, documentation, trademarks and other materials comprising it, are and remain the exclusive property of Rapid Cyber and its licensors. No rights are granted to you other than the limited right of access described in section 6. Customer Data remains the property of the Customer as provided in the Customer Agreement.

Aggregated and de-identified data generated from operation of the Service — including volumes, counts, performance measurements and system logs, held in a form that does not identify any individual or organization — is owned by Rapid Cyber, as provided in the Customer Agreement, and is not Customer Data.

If you send us suggestions, feedback or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate them without restriction or obligation to you.

12Third-party services

The Service is hosted on third-party cloud infrastructure and uses third-party components, including for voice, video and conferencing, and identity services where the Customer has enabled single sign-on. Your use of those providers’ own consumer-facing services is governed by their terms, not ours. We are not responsible for third-party services we do not control.

13Availability and support

Service availability commitments, service credits and support response times, if any, are set out in the Customer Agreement and are owed to the Customer alone. We may perform scheduled and emergency maintenance, and may modify, add or discontinue features of the Service, in accordance with the Customer Agreement.

Authorized Users must direct all support requests to their organization’s designated administrator or help desk. Only the Customer’s authorized contacts may escalate to us.

14Disclaimer of warranties

EXCEPT AS EXPRESSLY PROVIDED IN THE CUSTOMER AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WHERE ENABLED, AUTOMATED MASKING, DATA-LOSS-PREVENTION, AND ANY AUTOMATED, ANALYTIC OR AI-ASSISTED FEATURES OPERATE ON A BEST-EFFORT BASIS. THEIR OUTPUT IS NOT WARRANTED TO BE ACCURATE OR COMPLETE, IS NOT WARRANTED TO DETECT OR MASK EVERY INSTANCE OF SENSITIVE DATA, AND MUST NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY DECISION AFFECTING AN INDIVIDUAL.

15Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) RAPID CYBER WILL NOT BE LIABLE TO YOU, AS AN AUTHORIZED USER, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE; AND (B) BECAUSE ACCESS IS PROVIDED TO YOU BY YOUR ORGANIZATION AND YOU PAY NOTHING TO RAPID CYBER FOR IT, RAPID CYBER WILL HAVE NO MONETARY LIABILITY TO YOU IN YOUR INDIVIDUAL CAPACITY UNDER THESE TERMS. ALL COMMERCIAL REMEDIES RELATING TO THE SERVICE ARE SET OUT IN THE CUSTOMER AGREEMENT AND ARE AVAILABLE ONLY TO THE CUSTOMER.

Nothing in this section limits any liability that cannot lawfully be limited or excluded, or affects the allocation of liability between Rapid Cyber and the Customer under the Customer Agreement. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

16Suspension and termination

Your right to use the Service continues only while the Customer maintains an active subscription and an active account for you. It ends automatically when the Customer deprovisions your account or the Customer Agreement terminates. We may suspend your access immediately, with notice to the Customer, if we reasonably believe your use threatens the security, integrity or availability of the Service or violates section 7. Sections 7, 10, 11, 14, 15, 18 and 19 survive termination.

17Changes to these Terms

We may update these Terms from time to time. The current version is always posted at this address with the “Last updated” date above. Material changes will be communicated to the Customer in accordance with the Customer Agreement. Your continued use of the Service after an update takes effect constitutes acceptance of the updated Terms.

18Governing law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules, and the state and federal courts located in Seminole County, Florida will have exclusive jurisdiction over any dispute arising under them. This section governs only these Terms; the governing law and dispute resolution provisions of the Customer Agreement apply to the Customer Agreement and are not affected. If you are resident in a jurisdiction whose mandatory local law gives you rights that cannot be waived, this section does not deprive you of those rights.

19General

These Terms, together with the Privacy Policy, are the entire agreement between you and Rapid Cyber regarding your individual use of the Service, and are subject to the Customer Agreement as set out in section 2. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms. There are no third-party beneficiaries.

20Contact

If you are an Authorized User with a question about your account, your records, or how your organization has configured the Service, contact your organization’s HR, IT or privacy team. They administer the Service and control the records; we cannot act on your request directly.

If you are a subscribing organization or an authorized contact of one: Rapid Cyber Solutions, Inc., Longwood, Florida, United States — legal@rapidcyber.com.

Security reports. To report a suspected vulnerability in the Service, contact security@rapidcyber.com. Please do not include confidential data or personal information in your report, and do not test against the Service without our prior written authorization (see section 7).