Terms & Conditions

Product: Phishy (the “Platform”). Provider: Wolfcore Ltd, a company registered in England and Wales (company no. 16308559), registered office at 72 Newbiggin, Malton, North Yorkshire, YO17 7JF (“Wolfcore”, “we”, “us”, “our”).

These Terms & Conditions, together with the Acceptable Use Policy (“AUP”), the Privacy Policy and the Data Processing Agreement (“DPA”) (collectively, the “Agreement”), govern access to and use of the Platform. By creating an account, placing an order, or accessing or using the Platform, the Customer agrees to be bound by the Agreement. The individual accepting the Agreement warrants that they have authority to bind the Customer.

1. Definitions

1.1 “Customer” means the organisation entering into this Agreement.

1.2 “Platform” or “Service” means the Phishy hosted phishing-simulation platform, including its websites, applications, reporting and any associated services made available by Wolfcore.

1.3 “Authorised User” means an individual the Customer permits to use the Platform on its behalf.

1.4 “Subscription” means the Customer’s right to access the Platform under a selected plan for a Subscription Term.

1.5 “Customer Data” means data uploaded to or generated in the Platform by or for the Customer, including Target Recipient data and Simulation results.

1.6 “Simulation”, “Target Recipient” and “Authorisation to Test” have the meanings given in the Acceptable Use Policy.

1.7 “Subscription Term” means the period set out in clause 4 below.

2. The Service

2.1 The Platform enables the Customer to create, send, track and report on authorised phishing simulations across supported channels (which may include email, SMS, QR code and other channels), to deliver associated security-awareness training, and to view results and reporting.

2.2 Wolfcore will provide the Platform with reasonable skill and care and will use commercially reasonable efforts to make it available, subject to maintenance, updates and matters beyond its reasonable control. Wolfcore may modify or improve the Platform from time to time.

2.3 The Platform depends on third-party providers (including hosting, email, SMS, payment and other services). Delivery of Simulations is subject to those providers and to carrier and network behaviour, and is not guaranteed by Wolfcore.

3. Accounts and Authorised Users

3.1 The Customer is responsible for the configuration of its account, the acts and omissions of its Authorised Users, and the security of its account credentials.

3.2 The Customer must provide accurate registration information and keep it up to date. Accounts must not be shared except among the Customer’s Authorised Users.

4. Subscriptions, plans and fees

4.1 The Platform is offered on the following indicative plans (all prices in GBP, exclusive of VAT and subject to change in accordance with clause 4.6):

Plan	Monthly	Annual	Pilot
Starter	£99	£999	£249
Business	£249	£2,499	£599
Pro (up to 1,000 employees; caps of 5,000 email / 1,000 SMS / 200 voice per period)	£599	£5,999	£1,199
Enterprise	from £999 / custom	custom	custom

4.2 Annual plans are billed in advance for the year and represent a saving of approximately 17% against the equivalent monthly price. Monthly plans are billed in advance each month.

4.3 Pilot plans are one-off, time-limited engagements as described at the point of sale.

4.4 Payment is processed through our payment provider, Stripe. The Customer authorises recurring charges to its chosen payment method for the applicable fees until the Subscription is cancelled in accordance with this Agreement.

4.5 Unless cancelled before the end of the then-current Subscription Term, Subscriptions renew automatically for a further term of the same length at the then-current price.

4.6 Wolfcore may change its fees on no less than 30 days’ notice, with effect from the start of the next Subscription Term. Fees already paid are non-refundable except where required by law or expressly stated in this Agreement.

4.7 Fees are exclusive of VAT and other applicable taxes, which will be invoiced as appropriate and which the Customer is responsible for paying.

5. Acceptable use

5.1 The Customer’s use of the Platform is subject to the AUP, which is incorporated into this Agreement. The Customer is responsible for ensuring that all Authorised Users comply with the AUP.

5.2 The Customer warrants that it holds a valid Authorisation to Test for every Simulation and that its use of the Platform is lawful.

6. Customer obligations and warranties

6.1 The Customer warrants and undertakes that: (a) it is entitled to run Simulations against the Target Recipients; (b) it has and will maintain all necessary rights, consents and lawful bases for the processing of personal data through the Platform; (c) the data it uploads is accurate and lawfully obtained; and (d) its use of the Platform complies with the Agreement and all applicable laws.

6.2 The Customer is responsible for determining whether the Platform is appropriate for its needs and for the conclusions it draws from Simulation results.

7. Intellectual property

7.1 Wolfcore owns all intellectual-property rights in the Platform, including its software, templates, designs and documentation. Subject to the Agreement, Wolfcore grants the Customer a non-exclusive, non-transferable, revocable licence to access and use the Platform during the Subscription Term for its internal business purposes.

7.2 As between the parties, the Customer owns its Customer Data. The Customer grants Wolfcore a licence to host, process and use Customer Data as necessary to provide the services offered by the Platform and as set out in the Privacy Policy and Data Processing Agreement.

7.3 Wolfcore may use aggregated and anonymised data (that does not identify the Customer or any individual) to operate, improve and benchmark the Platform.

8. Data protection

8.1 Each party will comply with applicable data-protection law. In respect of personal data contained in Customer Data and processed by Wolfcore on the Customer’s behalf, the Customer is the controller and Wolfcore is the processor, and the parties’ obligations are set out in the Data Processing Agreement, which is incorporated into this Agreement.

8.2 Wolfcore’s handling of personal data for which it acts as controller (such as account and billing data) is described in the Privacy Policy.

9. Confidentiality

9.1 Each party will keep confidential the other’s confidential information and use it only for the purposes of the Agreement, and will not disclose it to any other party, except where disclosure is required by law or the information is or becomes public through no fault of the receiving party.

10. Warranties and disclaimers

10.1 Except as expressly stated in the Agreement, and to the fullest extent permitted by law, the Platform is provided “as is” and Wolfcore excludes all other warranties, conditions and terms, whether express or implied.

10.2 Wolfcore does not warrant that the Platform will be uninterrupted or error-free, that Simulations will be delivered, or that use of the Platform will detect or prevent all security risks.

11. Limitation of liability

11.1 Nothing in the Agreement limits or excludes either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

11.2 Subject to clause 11.1, Wolfcore will not be liable for any loss of profit, revenue, business, goodwill, anticipated savings, loss of or damage to data, or any other indirect or consequential loss.

11.3 Subject to clauses 11.1 and 11.2, Wolfcore’s total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the total fees paid by the Customer to Wolfcore in the 12 months immediately preceding the event giving rise to the claim.

12. Indemnity

12.1 The Customer will indemnify and hold harmless Wolfcore against all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Customer’s breach of the AUP or clause 6; (b) any Simulation run, or data processed, without a valid Authorisation to Test or lawful basis; (c) any claim by a Target Recipient or third party arising from the Customer’s use of the Platform; or (d) the Customer’s infringement of any third party’s rights, including intellectual-property rights, through sender identities or content it configures.

13. Term, suspension and termination

13.1 The Agreement begins when the Customer first accepts its terms or accesses the Platform and continues for the Subscription Term and any renewals, until terminated.

13.2 Either party may terminate the Agreement on written notice if the other commits a material breach that is not remedied within 30 days of notice, or becomes insolvent.

13.3 Wolfcore may suspend or terminate access in accordance with the AUP.

13.4 On termination: (a) the Customer’s licence ends and it must cease using the Platform; (b) accrued fees remain payable; and (c) Customer Data will be deleted or returned in accordance with the Data Processing Agreement and the Privacy Policy.

14. Changes to the Agreement

14.1 Wolfcore may update the Agreement from time to time. Material changes will be notified by email or in-platform notice and will take effect at the start of the next Subscription Term or as otherwise stated. Continued use after changes take effect constitutes acceptance.

15. Force majeure

15.1 Neither party is liable for failure or delay in performing its obligations (other than payment) due to events beyond its reasonable control.

16. General

16.1 The Customer may not assign or transfer the Agreement without Wolfcore’s consent. Wolfcore may assign the Agreement to a successor in connection with a reorganisation or sale of its business.

16.2 All notices under this Agreement shall be in writing and deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice. All notices must be given in writing either by post to the registered office of the party or to their email address. If by email, such notice is deemed to have been given upon successful confirmation of receipt or where a read receipt is generated. Wolfcore’s email address is given below.

16.3 The Agreement constitutes the entire agreement between the parties and supersedes prior discussions. If any provision is found unenforceable, the remainder continues in effect.

16.4 No failure to enforce any provision is a waiver of it. No part of this Agreement is intended to confer rights on any third party, and the rights conferred by the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

17. Governing law and jurisdiction

17.1 The Agreement, and any dispute or other matter arising out of it, are governed by, and construed in accordance with, the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Contact: info@wolfcore.co.uk — Wolfcore Ltd.