1. Definitions:
| Service Provider | Phishbite OÜ, a legal entity which provides the Service to the Customer according to the terms set forth in this agreement. | |
| Customer | The legal entity to whom the Service Provider will provide services under this agreement. | |
| Customer Agreement | This agreement, which consists of the General Terms of Service, the Price List, and amendments. | |
| Service | The service described in section 3 of the General Terms of Service that the Service Provider provides to the Customer. | |
| Parties | Service Provider and the Customer | |
| Employee | Customer’s employee whose information has been provided to the Service Provider by the Customer and to whom the Service Provider provides the Service. | |
| Third Party | A legal or physical person who is not a party to this agreement or an employee of a party to the agreement. | |
| General Terms of Service | This document, which sets forth the terms of service use. | |
| Price List | Part of the Customer Agreement specifying prices according to the number of Employees. | |
2. General
2.1. The Service Provider and the Customer enter into this Customer Agreement for the use of the Service.
2.2. The Service Provider starts providing the service within 5 working days from the moment the Customer notifies the completion of preparatory activities mentioned in section 5 of this agreement.
3. Service description
3.1. The Service Provider conducts phishing simulations on the Customer’s Employees to test and educate them and to provide the Customer with feedback on the cybersecurity awareness of its organization’s Employees.
3.2. The Service Provider uses Employee personal data specified in section 13 for providing the service.
3.3. The Service Provider may use publicly available data about the Customer for providing the service.
4. Using the Service
4.1. The Customer is aware that the Service Provider sends phishing-imitating emails to the employees’ email addresses to test their security awareness.
4.2. The Customer confirms that they will use the service only with respect to Employees and will not use the Service concerning any other person over whom they do not have the right to use it.
4.3. The Service Provider does not give any direct or indirect warranties related to the Service.
5. Customer’s Pre-service Use Activities
5.1. The Customer provides Employee data based on the form sent by the Service Provider.
5.2. The Customer implements, according to the Service Provider’s instructions, an exception in their email server configuration that allows the Service Provider to conduct phishing simulation attacks.
6. Payment
6.1. The Service is free for the Customer for the first 14 days.
6.2. The Customer pays a fee according to the Price List.
6.3. The Customer subscribes to either a Monthly or Annual price package.
6.4. After the free use period ends, the Customer continues with the Monthly price package unless they have notified the Service Provider of the desire to continue with the Annual price package.
6.5. If the Customer uses the Monthly price package service partially in one month, they pay the fee proportionally for the used calendar days.
6.6. The price specified in the Price List is subject to VAT.
6.7. The Service Provider sends invoices to the Customer’s designated billing address.
6.8. The Customer pays for the use of the Service based on the invoice provided by the Service Provider.
6.9. For the Monthly price package, the Service Provider sends the invoice on the 5th day of the month following the use of the Service.
6.10. For the Annual price package, the Service Provider sends the invoice within 14 days after agreeing to the Customer Agreement or after completing an annual period.
6.11. The Customer pays the invoice within 14 days after receiving it.
6.12. If the Customer does not pay the invoice within the payment period, the Service Provider may suspend the provision of the Service to the Customer, demand a late payment interest of 0.05% of the overdue amount per day, and require the payment of collection costs.
7. Customer Support
7.1. Customer support is available on weekdays from 09:00 to 17:00.
7.2. The customer support phone number is +372 5384 8276.
7.3. We respond to customer support inquiries by email within one business day.
7.4. The customer support email address is help@phishbite.com.
7.5. The Customer can change Employee data or add Employees by writing to the customer support email address.
7.6. Only contacts designated by the Customer can contact customer support and change Employee data or add Employees.
8. Limitation of Liability
8.1. The Service Provider is not liable for damage that exceeds the fee paid by the Customer for 3 months. The Service Provider is not liable for any direct or indirect damage arising in connection with the use of the Service.
9. Amendment of the Agreement
9.1. The Service Provider may unilaterally change these terms, including the Price List, by notifying the Customer by email at least 30 days in advance.
9.2. If the Customer does not agree with the changes to the Customer Agreement, the Customer has the right to terminate the agreement.
10. Validity and Termination of the Customer Agreement
10.1. The Customer Agreement becomes effective upon the Customer’s acceptance.
10.2. The Parties may enter into the agreement indefinitely based on the Monthly price package or for a fixed term of one year according to the Annual price package specified in the Price List.
10.3. Customers who have joined the Monthly price package have the right to terminate the Customer Agreement at any time by notifying the Service Provider at least 1 week in advance.
10.4. In the event of early termination of the fixed-term price package, the paid fee is not refundable, except if the early termination is due to the Service Provider’s breach of the agreement.
10.5 If the Customer does not notify the Service Provider of their wish to terminate the service use 14 days before the expiry of the fixed-term agreement, the agreement automatically extends for one more year.
11. Confidentiality
11.1. The Parties commit to keeping confidential the information provided by the other Party, including information about the other Party and its customers, business partners, employees, financial and economic status, or transactions, which became known in connection with the signing, fulfillment, modification, or termination of the agreement and not to disclose such information to third parties without the written consent of the other Party even after the termination of the agreement indefinitely.
11.2. The Parties may publicly refer to their contractual relationship with the other Party.
12. Intellectual property
12.1. The Service Provider retains all rights to intellectual property arising in the course of providing the Service.
13. Processing of Personal Data
13.1. The Service Provider processes the following personal data of the Customer’s Employees under this agreement:
- Name
- Email address
- Job title
- Department
- Results of security awareness tests
13.2. The Customer is the data controller for the Employee data outlined in section 13.1.
13.3. The Service Provider is the data controller for the Employee data outlined in section 13.1 of this agreement.
13.4. The Service Provider processes the personal data of Employees to conduct phishing simulations on the Customer’s Employees, to test and improve the Customer’s Employees’ cybersecurity awareness, and to provide feedback on the cybersecurity status of the organization’s Employees.
13.5. The Service Provider may use sub-processors for the provision of the Service.
14. Applicable Law and Jurisdiction
14.1. The Customer Agreement is subject to the laws of the Republic of Estonia.
14.2. Disputes arising from this agreement are resolved through negotiations. If the Parties cannot reach an agreement, the dispute will be settled in Harju County Court.
Annex 1 – Price list
| Employees | Monthly price (EUR) | Yearly price (EUR) |
| Up to 20 | 99 | 832 |
| 20 -50 | 149 | 1252 |
| 51-100 | 269 | 2260 |
| 101-250 | 499 | 4192 |
| 250-500 | 899 | 7552 |
| 500-1000 | 1490 | 12516 |
| 1000+ | 1890 | 15876 |