When you register a CyberStart account, whether you've purchased a licence for yourself or are using a licence provided to you by a third party, you are accepting the Solo and End User Licence Agreement and its associated policies. If you have purchased a set of licences (ie: Family or Education bundles) you accept the Family and Education Software Purchase Agreement terms and their associated policies below.
Our terms and policies:
Solo and End User Licence Agreement
Last Updated: 11 May 2020
Important notice: Please read the following terms carefully, by using CyberStart, you agree to these terms. If you do not agree to these terms, we will not be able to licence the Software to you.
This licence agreement (referred to as the Licence in these terms) is a legal agreement between you and us. We are Helical Levity Limited, of The Old Bull Pens, Sezincote, Moreton-In-Mash, Gloucester, GL56 9AW.
This Licence sets out the rules for your use of the:
- platform which makes available to you the CyberStart software, applications, tools and all associated and supporting documents (collectively referred to as the Software).
We have tried to make these terms as easy as possible to understand. If you are unsure of anything please feel free to ask us about anything you do not understand. Alternatively, you may want to check with your parent or guardian if you are unsure of any of these terms.
Eligibility to use the Software
You must be at least 13 years old. This is because you must be at least this age in order to legally consent to us holding your data and to be considered as able to understand how we use your data and the risks of us holding it.
In order to use the Software, you must agree to these terms. You must also read and agree to our privacy and cookies policy. The privacy and cookies policy are available for you to read below these terms on this page.
General use – permissions and restrictions
Subject to you complying with the terms, we will grant you a non-exclusive, non-transferable, limited, fully revocable right and licence to access and use the Software solely and exclusively for your personal and non-commercial use. This means you must not allow anyone else access to or provide anyone with your login information.
You are not allowed to:
- copy the Software;
- modify or give the Software to anyone else to use;
- disassemble, de-compile, reverse engineer or create copied works based on the whole or any part of the Software.
You do not own the Software
You agree that you do not own the Software. With this Licence we allow you access to it but we will always remain the owners of the Software. The Software is licensed to you only, not sold to you.
It is for you to ensure the Software is suitable for your needs and fit for a particular purpose.
Use of our Software is at your own risk.
We provide the Software "as is". We cannot guarantee that it will meet your needs.
We do not guarantee:
- That the Software will be interference free and that the functions contained in, or performed by, the Software will meet your requirements.
- That the Software will be uninterrupted or error-free.
We will however, work hard to correct any errors that are brought to our attention. If you believe you have discovered an error, please contact firstname.lastname@example.org with details about the error.
Limitation of liability
This section includes a technical legal disclaimer that helps us protect ourselves against unexpected and unintended use of the Software; we have done our best to use simple language, but you may want to check it with a parent or guardian or contact us so we can explain it to you if you are unsure what this means. It is summarised below if you find this section difficult to understand.
In no event shall we or any of our directors, employees or agents, be liable to you for any direct or indirect losses whatsoever resulting from any:
- errors, mistakes or inaccuracies of the Software,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Software,
- any interruption or cessation of Software, or
- any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Software by any third party.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Summary of limitation of liability
None of the people involved with creating, building, or maintaining CyberStart or any of its associated features or functionality can be legally blamed if your use of our Software causes you a loss of some kind. For example, if a bug caused a problem with your computer or during the course of trying to solve a challenge and you lost data, you are not able to blame us legally or ask us to pay for you to recover the data.
We cannot be blamed or held liable for:
- Errors, mistakes, or inaccurate information in the Software
- Injury to a person resulting from your access of our Software
- Any property or data damage or loss resulting from your access of our Software
- Any bugs or viruses that might be taken advantage of by other people to cause damage to others
Distance Selling Regulations
As a consumer you have certain rights when purchasing goods and services online. However, Software works a little different and as a result of Regulation 13(1) of The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") you will not be able to cancel this licence under Regulation 10 of the Regulations once you have commenced using the Software.
Notwithstanding the above, refunds will be provided if the request is received within 14 days of purchase and you have not yet completed 6 challenges.
Our Software provides educational material and security related puzzles and challenges. As part of these challenges you may be required to apply unusual tools or use patterns to services to uncover logic flaws or issues.
The skills acquired through the use of this Software must only be used in an ethical way and always in compliance with all cybercrime laws and regulations throughout the world. It is possible for the materials and tools that make this Software to be applied un-ethically or unintentionally, and could result in violation of (amongst others) the Computer Misuse Act 1990 of the United Kingdom or the Computer Fraud and Abuse Act of the United States. By using this Software you agree that you will not use any of the information provided, tools, or techniques against other individuals or organisations without consent to do so.
With this licence you are provided permission to undertake the activities covered in each of the "briefings" against the defined targets. It is not acceptable to attempt denial of service attacks, or to purposefully attempt to cause damage to the infrastructure or data. It is also deemed a violation of acceptable use to identify flaws and to purposefully attempt to damage or disrupt other platform users, or their data.
Uncovering security flaws and learning about cyber security vulnerabilities will require use of certain tools that can only be used in a context where permission has been given by the target party, as is provided by CyberStart within the challenge briefings. In severe circumstances where error cannot be blamed, violation of these terms could result in the termination of your account, or prosecution. If you are unsure of the activity you are undertaking at any time please contact email@example.com.
We take no responsibility for any wrongdoing by you. In the unlikely event we are advised of any wrongdoing we will immediately terminate your account and report you to the relevant authority. We may also pursue you for any losses or expenses that arise from your wrongdoing.
Term and termination
This Licence commences on the date in which you make payment and shall continue in full force and effect for four (4) months.
If this Licence was purchased for you by a third-party, it can be terminated immediately upon request of that third-party purchaser.
Data protection notification
By using the Software, you have agreed that we can
- process personal data relating to you as part of your use of the Software, and
- disclose or transfer this personal data to other personnel or companies associated with us.
This Agreement shall be construed under laws of England and Wales, and you consent to the exclusive jurisdiction of the English and Welsh Courts. No matter where in the world you might live or be when you use our Software, any legal complaints or disputes will be handled by the English and Welsh Courts.
Family and Education Software Purchase Agreement
Last Updated: 11 May 2020
Important notice: Please read the following terms carefully, by purchasing the Software, you agree to these terms which will bind you. If you do not agree to these terms, we shall not licence the Software to you and you must discontinue the purchasing process now.
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and of Helical Levity Limited, of The Old Bull Pens, Sezincote, Moreton-In-Mash, Gloucester, GL56 9AW (Licensor, us or we) for:
- CyberStart Computer Software and all other related documents that may be supplied with the Software (Software).
We license use of the Software to you subject to the terms of this Licence.
We do not sell the Software to you. We remain the owners of the Software at all times.
1. Grant and Scope of Licence
1.1 In consideration of you paying the licence fee and agreeing to abide by the terms of this Licence, the Licensor hereby grants) to you and/or people you have permitted access to the Software ("Authorised Users") a non-exclusive, non-transferable licence to access to the Software.
1.2 It is for you to administer the registration tokens to your Authorised Users. You should ensure that any permitted Authorised User undertakes to keep their account password for their use only.
1.3 To assist Education bundle purchasers in your administration of this licence you will be able to monitor the number of tokens administered and to who they have been given.
2. Authorised User Eligibility
2.1 You, and any Authorised User you have provided a token must be at least 13 years old. This is because you must be at least this age in order to legally consent to us holding your data and to be considered as able to understand how we use your data and the risks of us holding it.
3.1 This licence shall commence on the date in which you make payment and shall continue in full force and effect for four (4) months after which time it shall automatically expire.
4.1 We shall during the term of this licence enable you and if applicable to your licence, all Authorised Users, to connect via the internet to use the Software in accordance with this agreement.
4.2 From time to time we may:
(a) modify the Software by issuing updates; and
(b) make new features, functionality, applications or tools available in respect of the Software, whose use may be subject to Your acceptance of further terms and conditions,
4.3 We shall give you prompt written notice of material modifications to the Software and any such new features, functionality, applications or tools.
5.1 Except as expressly set out in this Licence or as permitted by any local law, you shall and procure that all Authorised Users undertake:
(a) not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(c) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software;
(d) not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.
6. Intellectual Property Rights
6.1 You acknowledge that all intellectual property rights in the Software throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.
7. Limit of Liability
7.1 This clause 7 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and subcontractors):
(a) to You or any Authorised User arising under or in connection with this agreement;
(b) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
7.2 Except as expressly and specifically provided in this agreement:
(a) You assume sole responsibility for results obtained from the use of the Software;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement;
(c) the Software are provided to the You and the Authorised Users on an "as is" basis;
7.3 Nothing in this agreement excludes the liability:
(a) for death or personal injury caused by our negligence; or
(b) for fraud or fraudulent misrepresentation.
7.4 Subject to clause 7.2 and clause 7.3:
7.5 We shall not be liable whether in tort (including for breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
7.6 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total fees paid for the Software.
7.7 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.
8.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
8.2 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) your account will be disabled; and
(c) you must immediately delete or remove downloaded content from all computer equipment in your possession and immediately destroy or return to us (at our option).
9. Communications Between Us
9.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email or by pre-paid post Helical Levity Limited at The Old Bull Pens, Sezincote, Moreton-In-Mash, Gloucester, GL56 9AW. We will confirm receipt of this by contacting you in writing, normally by email.
9.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.
10. Distance Selling Regulations
10.1 The provisions of Regulation 13(1) of The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") shall apply where the purchase applies by a buyer who is a consumer (being someone purchasing outside the course of a business) who will therefore not be able to cancel this licence under Regulation 10 of the Regulations once the buyer has with our consent commenced using the Software.
10.2 Notwithstanding clause 10.1, refunds will be provided if the request is received within 14 days of purchase and subject to an average, when taken across all permitted Authorised Users, 6 challenges have not yet been completed.
11. Other Important Terms
11.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
11.3 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
11.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12. Acceptable Use
12.1 Our Software provides educational material and security related puzzles and challenges. As part of these challenges you and Authorised Users may be required to apply unusual tools or use patterns to services to uncover logic flaws or issues.
12.2 The skills acquired through the use of this Software must only be used in an ethical way and always in compliance with all cybercrime laws and regulations throughout the world.
12.3 With this licence you and any Authorised Users are provided permission to undertake the activities covered in each of the "briefings" against the defined targets. It is not acceptable to attempt denial of service attacks, or to purposefully attempt to cause damage to the infrastructure or data. It is also deemed a violation of acceptable use to identify flaws and to purposefully attempt to damage or disrupt other platform users, or their data.
12.4 Uncovering security flaws and learning about cyber security vulnerabilities will require use of certain tools that can only be used in a context where permission has been given by the target party, as is provided by CyberStart. In severe circumstances where error cannot be blamed, violation of these terms could result in your rejection from the program, or prosecution. If you are unsure of the activity you are undertaking at any time please contact firstname.lastname@example.org.
12.5 We take no responsibility for any wrongdoing by you. In the unlikely event we are advised of any wrongdoing we will immediately terminate your account and report you to the relevant authority. We may also pursue you for any losses or expenses that arise from your wrongdoing.
13. Governing Law
13.1 These terms are governed by the laws of England and Wales who shall have exclusive jurisdiction to settle any dispute.
Last Updated: 8 May 2020
CyberStart strongly supports your privacy rights and we commit to holding the minimum amount of data that we can from you.
Who is holding your data
CyberStart is owned and operated by Helical Levity Limited of The Old Bull Pens, Sezincote, Moreton-In-Mash, Gloucester, GL56 9AW. The information we collect from you is to enable you to purchase a licence for and use CyberStart. Your data is collected and managed by Helical Levity Limited. We are what is called a 'data controller'. We process your data on the basis of your consent. You can withdraw your consent to processing at any time.
What information we collect about you
This depends on how you use CyberStart and what information you choose to provide. We collect information from you when you:
- Purchase and pay for access to CyberStart via our Shopify integration.
- Register an account, and when you administer your account.
- Input information or data into CyberStart, or post or upload content to CyberStart services.
- Submit questions, requests, or other communication via forms, email, or other communication media.
- Contact us for product or technical support.
The types of information we hold about you include:
- If you purchase CyberStart on your own behalf, we will collect your name, email, billing address, payment method, and credit card information in order to take payment and fulfill your order.
- Your name, email address, access credentials, IP address, gender, date of birth, date your account was created, and dates for which your account status and access changed.
- Your progression throughout the CyberStart Game, including your score, successful and unsuccessful attempts, and field manual quiz answers.
- Information on how you use and experience the CyberStart website, including server logging that may contain basic data such as IP address, date and time, the URL or path of the resource or file accessed, browser information, or error information.
- Where we provide browser-based lab and challenge content with terminal or code editing tools, we may store your input so that you can pick up where you left off between play sessions.
We do not make automated decisions about you based on your information.
Who has access to your data
Helical Levity Limited manages the data that is collected about you and who has access to that data. Except where we have set out below, we do not share, disclose, or sell your personal information.
If your CyberStart licence was purchased for you use by a third party individual or organisation, some of your data may be shared with them as administrators of their licence and users. The data visible to the purchaser of your licence may include:
- Your forename and surname
- Your email address
- Demographic information, such as your gender or age
- Information about your CyberStart progression
By signing up and using a registration token provided to you by a third party, you consent to the information as detailed above being made available to the appropriate administrator of your licence.
Who might your personal information be disclosed to
- With suppliers or third party processors we work with to deliver the services, content, and functionality of CyberStart, such as data storage and hosting.
- With suppliers or third party processors we work with to help us with marketing activities, email communication, and to gather analytics and data on how CyberStart is used and how it might be improved.
- As necessary to comply with applicable law, including law enforcement requests, and otherwise to protect the rights, privacy, safety, or property of us, of you, or others.
When we work with third party processors and suppliers, we make sure we use reputable companies and we do not use your information for external marketing unless we get your consent. You do not have to give consent and this will not affect your use of CyberStart. We always ensure that there are protections in place to safeguard your data. On occasion some of your data may be transferred to a number of jurisdictions.
How long we keep your data
We keep your information for as long as you use CyberStart and for a period of six years after you close your account for audit purposes. If you ask for your information to be deleted we will only keep minimal details on file to comply with our legal obligations.
Your data rights
You have a range of rights in relation to your data. You can request a copy of the information that we hold about you, you can ask us to correct any information that we hold that is incorrect, and you can object to the processing of your data. You are of course able to withdraw your consent to processing at any time. Contact the support channel at email@example.com if you wish to make any of these requests. We will make every effort to fulfil your request as quickly as possible. The longest this will take is 30 days.
Deleting your account and data
You can delete your account at any time. When you ask for your account to be deleted, you are given 30 days to change your mind. After 30 days, we delete your account including your personal information from CyberStart in such a way that it cannot be recovered.
There is some data that we cannot remove even after your account has been deleted:
- Some logged data is kept indefinitely for the purposes of security and to comply with certain laws, in particular laws to safeguard minors.
- Anonymised information processed by third parties that is used to help us understand how CyberStart is used and how it can be improved.
- If you have emailed us for technical or product support by email this correspondence will be retained.
How we secure your information
As cyber security experts we are very aware of the risks around data security. We carry out regular security assessments to make sure your information is secure. We follow all the standard industry practises to make sure we hold your information as securely as possible.
Is any personal information transferred or stored internationally
We work with reputable companies who we are satisfied comply with privacy laws such as the General Data Protection Regulation. These include 'cloud' based services which may be based in a number of jurisdictions. We may also use cookie related analytics services that store their data in a number of countries however in all instances we use legally compliant partners to deliver these services.
For more information, or to make a complaint
If at any time you want further information, or you need help understanding what you can and cannot request, or if you want to make a complaint, the Data Protection Officer can help you with this.
Our Data Protection Office can be contacted via the support channel. Please email firstname.lastname@example.org and ask to be put in contact with the Data Protection Officer. If you still aren't happy with our response you can complain to the Information Commissioners Office.