Effective date: January 28, 2025
1. Agreement
These Terms of Service (“Terms”) are between Digital Netizenship Inc. (“Digital Netizenship”, “we”, “us”) and the team or individual who creates an account (“Customer”, “you”). Order forms, statements of work, and data processing agreements (collectively, “Order Documents”) supplement these Terms. In the event of conflict, Order Documents take precedence for the services identified therein.
2. Services
Digital Netizenship provides gamified cybersecurity awareness missions, downloadable facilitator materials, Moodle dashboards, certificate generation, and related professional support (the “Services”). Individuals may unlock courses on a pay-per-course basis, while teams and licensed consultants receive dashboard features to enroll learners, monitor progress, and issue certificates. Free preview missions are available; access to full missions requires payment as described below.
3. Customer accounts & administrators
Customer designates at least one administrator responsible for managing access, configuring integrations, and ensuring compliance with these Terms. Administrators must maintain accurate contact information and safeguard credentials. Customer is responsible for activities under its accounts.
4. Course unlocks, licenses & payment
Pricing for the Services consists of: (a) individual course unlocks, typically $5 per learner per mission; (b) optional team dashboards that provide bundled learner seats; and (c) consultant licenses that authorize delivery across multiple clients. Order Documents or checkout flows specify quantities, fees, and billing cycles. Unless otherwise stated, amounts are due at purchase (for individual unlocks) or within 30 days of invoice (for team or consultant plans). Overdue balances may incur a 1.5% monthly late fee or the maximum allowed by law. Usage above purchased quantities (for example, additional learner unlocks) will be charged at the rates stated in your order.
5. Customer responsibilities
- Provide accurate information, including learner rosters and business context.
- Maintain appropriate privacy notices for learners and obtain consents where required.
- Use the Services for personal learning, internal training, or consulting engagements in accordance with your license and applicable laws.
- Promptly notify Digital Netizenship of unauthorized access or use.
6. Acceptable use
Customer will not (and will not permit others to):
- Copy, modify, or create derivative works of the Services or underlying content except as expressly permitted.
- Reverse engineer, disassemble, or attempt to access source code.
- Bypass security controls, upload malicious code, or interfere with platform availability.
- Use the Services to compete with Digital Netizenship or to provide training to third parties without an active consultant license.
- Misrepresent the origin of communications or impersonate another user.
7. Data protection
Each party will comply with applicable privacy laws. Digital Netizenship processes personal data as described in the Privacy Policy and any executed DPA. Customer acknowledges that it controls participant data and appoints Digital Netizenship as its processor for delivering the Services. Customer will not include special categories of personal data (e.g., health or biometric data) unless expressly agreed.
8. Security
Digital Netizenship maintains administrative, physical, and technical safeguards aligned to SOC 2 Type II controls. If we detect unauthorized access to Customer data, we will promptly inform the Customer administrator, provide remediation details, and cooperate with reasonable requests.
9. Confidentiality
“Confidential Information” includes non-public business, technical, or financial information disclosed by one party to the other. The receiving party will use the same degree of care it applies to its own confidential information (and no less than reasonable care) to protect Confidential Information and will use it only to fulfill these Terms. Obligations survive three (3) years after disclosure and indefinitely for trade secrets.
10. Intellectual property
Digital Netizenship owns all rights to the Services, content, and associated intellectual property. Customer retains rights to its data and trademarks. We may use aggregated, de-identified data to improve the Services. Customer grants Digital Netizenship a non-exclusive, royalty-free license to host, process, and display Customer data as necessary to provide the Services.
11. Feedback
We welcome suggestions. If you choose to provide feedback or ideas, you grant Digital Netizenship the right to use and incorporate them without obligation.
12. Warranties & disclaimers
Each party warrants it has the authority to enter into these Terms. Digital Netizenship warrants the Services will materially conform to documentation. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
13. Indemnification
Digital Netizenship will defend Customer against third-party claims alleging the Services infringe intellectual property rights, and pay damages and costs awarded by a court, provided Customer promptly notifies us, cooperates, and allows us sole control of the defense. We may modify the Services, procure rights, or terminate access with a pro-rata refund to resolve a claim. This obligation does not apply to claims arising from Customer data, modifications, or misuse.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15. Termination
Either party may terminate these Terms for material breach if the breach is not cured within 30 days after written notice. Upon termination, Customer will cease using the Services and pay outstanding fees. Upon request within 30 days, we will provide an export of Customer data in a commonly used format and thereafter delete hosted data, except where retention is required by law.
16. Governing law
These Terms are governed by the laws of the State of Texas, USA, without regard to conflict of law principles. The parties consent to the exclusive jurisdiction of state and federal courts located in Austin, Texas.
17. Export compliance
Customer represents it is not located in, and will not allow users to access the Services from, embargoed countries or locations on government sanctions lists. Customer agrees to comply with all export and re-export restrictions.
18. Publicity
With Customer’s consent, Digital Netizenship may reference Customer name and logo in accordance with brand guidelines for marketing purposes. You may revoke consent at any time with written notice.
19. Changes
We may update these Terms to reflect new features, legal requirements, or business practices. We will provide at least 30 days’ notice to administrators before material changes take effect. Continued use after the effective date constitutes acceptance.
20. Contact
Questions about these Terms can be directed to legal@digital-netizenship.org or Digital Netizenship Inc., Attn: Legal, 901 Congress Ave, Suite 500, Austin, TX 78701 USA.