Version: June 2023
These Terms of Service applies to the website mailsecuritycheck.com operated by RSU Bilişim ve Danışmanlık Hizmetleri A.Ş. (RSU Consultancy) and the services offered on this website.
Terms of Service are a legal agreement (“Agreement”) between you, as a current or prospective customer of RSU’s services (“you,” “your”) and RSU Bilişim ve Danışmanlık Hizmetleri A.Ş. (”RSU Consultancy,” “we,” “our” or “us”) and govern your use of RSU Consultancy’s automated email security audit service (“Service”). Since you are sending the request (registering) for Service and/or using the Service on behalf of a business, you represent to us that you have an authority to bind that business or entity to these terms, and that business accepts these terms. By using any of the Service, you agree to these Terms of Service. You should read all of our terms carefully.
1.Service description
1.1You enter this website and send RSU Consultancy a request for an automated testing of your email protection or network protection (“security test”). To send a request for email or network security audit service, you fill out a registration form with the data necessary to provide the Service and agree to the terms of this Agreement.
1.2.Service is based on real attacks and bypass techniques that were seen in the wild in advanced targeted attacks and it help you to check how well you are protected and what potential flaws exist in your current approach. The Service is rendered using the Software functionality.
1.3.Please be advised that we render Service in accordance with RSU Consultancy own methodology, testing protocol and experience in this field. We can provide you with reference to testing protocol upon a written request.
2.RSU Consultancy Service registration
2.1.You provide accurate personal information during registration and keep the information current. RSU Consultancy can suspend or terminate your registration if you provide incomplete or false information.
2.2.You must fill out and submit short registration form to use the Service. During registration, we will ask you for information, which may include but is not limited to, a domain name, your name, email and phone number.
3.Service steps
3.1.You create a test mailbox with a protected domain where security tests will be sent to by RSU Consultancy. Mailbox must not be in use by any employee of a business you represent, so security tests would never be opened on any computer.
3.2.Service will only start when you accept these Agreement.
3.3.You confirm suitable time of rendering the Service with RSU Consultancy presale engineer.
3.4.You or any of your colleagues shall not open any attachments or Urls used in the test (“Test Materials”).
3.5.You run test and review the results. The Service is rendered within one working day on the agreed date.
4.Restrictions
If you want to use our Service, you can’t do certain inappropriate things. If we think you are doing these things, we have the right to stop rendering the Service and take other legal measures at our discretion.
4.1.You may not, nor may you permit any third party, directly or indirectly, to:
• perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other customers;
• provide an incorrect data during the registration process;
• use, reproduce, alter, modify, create derivative works, publicly display, publish, upload, post, transmit, resell or distribute in any way RSU Consultancy Test materials;
• transfer any rights granted to you under these Terms of Service;
• use the Service in a way that distracts or prevents you from obeying laws;
• order the Service for third parties and/or use Service and/or Requests in commercial purposes;
• use the Service for any illegal activity or goods; or
• otherwise use the Service except as expressly allowed under these Terms.
4.2.If we reasonably suspect that your registration has been used for an unauthorized, illegal, or criminal purpose, RSU Consultancy would be able to terminate the Service at any time.
5.Privacy Notice
We know that data privacy is a top issue today, and we want you to enjoy your interaction with us whilst knowing that we value your Personal Data and that we protect it.
5.1.RSU Consultancy takes data security extremely seriously and is committed to processing it responsibly and in compliance with applicable data protection laws. We may process your Personal Data outside of the country in which you are based for the purposes set out in this notice. When we transfer your Personal Data to other countries, we take reasonable steps to ensure that applicable laws are being followed.
5.2.Processing goals. We process your Personal Data that you have provided to us with your consent, to communicate with you, fulfil your Requests, answer your queries and provide you with communications about RSU Consultancy and our products. We also process your Personal Data in order to help us comply with the law, to manage our systems and finances, to conduct investigations and to exercise legal rights.
5.3.Your rights. If you share Personal Data with us, you have a right to (i) request access (ii) ask for changes to be made or (iii) to have the data deleted. This can be done by contacting us. You may also have the right to (i) request the transfer of your Personal Data to another company; or to (ii) object to the processing of your Personal Data in certain circumstances.
5.4.Data security and retention. We use a variety of measures to keep your Personal Data confidential and secure, including restricting access to your Personal Data on a need to know basis and following appropriate security standards to protect your data. We take every reasonable step to ensure that your Personal Data is only processed for the minimum period necessary in connection with: (i) the purposes set out in this Privacy Notice; (ii) any additional purposes notified to you at or before the time of collection of the relevant Personal Data or commencement of the relevant processing; or (iii) as required or permitted by applicable law; and thereafter, for the duration of any applicable limitation period. In short, once your Personal Data is no longer required, we will destroy or delete it in a secure manner.
5.5If you have any questions or comments regarding this Privacy Notice or RSU Consultancy’ Personal Data collection and processing practices, please email [email protected].
6.Termination
6.1.We reserve the right to terminate this Service at any time. If these Terms of Service are terminated and Service is rendered or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) we may (but have no obligation to) delete your information and account/email data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Service, or for deletion of your information.
7.Ownership
7.1.We reserve all rights not expressly granted to you in these Terms of Service. We own all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in the Service and all copies of the Service. These Terms do not grant you any rights to our trademarks or service marks.
8.Indemnity
If you do something using our Service that gets us sued or fined, you agree to cover our losses as described below.
8.1.You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Service; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation according to applicable law.
9.Representations and Warranties
Here’s the part where you promise that you are who you say you are, and that you will obey the law and our terms.
9.1.You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under these Agreement; (c) any information you provide in connection with the Service, including your business name, accurately and truthfully represents your business or personal identity; (d) you and all transactions initiated by you will comply with all laws, rules, and regulations applicable; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Service; and (f) your use of the Service will be in compliance with these Agreement.
10.No Warranties
While we do our best to bring great products and services to our customers, we provide them as-is, without warranties. We are not responsible for any goods and services that you might buy or sell using RSU Consultancy’s Service.
THE SERVICE IS PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, RSU CONSULTANCY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
RSU CONSULTANCY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
11.Limitations of Liability and Damages
As described below, if something bad happens because of your use of Service, our liability is capped.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RSU CONSULTANCY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, RSU CONSULTANCY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RSU CONSULTANCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12.Governing Law and Resolution of Disputes
12.1.This Agreement shall be governed by the law of Turkey. Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Istanbul Anadolu Courts and Execution Directorates “İstanbul Anadolu Adliyesi Mahkeme ve İcra Müdürlükleri”.