terms_and_conditions
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terms_and_conditions [2019/03/06 13:39] – lucy | terms_and_conditions [2019/12/10 00:34] – lucy | ||
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- | **LUCY Security AG - Terms and Conditions** | + | ===== TERMS AND CONDITIONS (TOS) ===== |
- | **Delivery of Service/Application**\\ | + | **Payment**\\ |
- | After Payment, | + | Payment net 30 days after invoice date |
+ | |||
+ | **Price Validity**\\ | ||
+ | Prices are valid for 60 days | ||
+ | |||
+ | **Own use of the software**\\ | ||
+ | The software allows an unlimited number of recipients for testing and training during the contractual period. There are no restrictions within the software regarding the number of campaigns, domains and reports created. Access and use of the LUCY products, services, documentation and related materials are solely authorized for the internal business purposes of the organization in which you are a representative of and only for the duration of the term of your subscription period. | ||
+ | |||
+ | **Use of the software for third parties**\\ | ||
+ | The software can be used during the contract period for your own organization. This also includes companies in which the customer has a majority shareholding or legally belongs to the parent company. The use of LUCY for third parties requires an MSP (Managed Security Provider) license, which is the subject of another contract. | ||
+ | |||
+ | **Delivery of Service/Software**\\ | ||
+ | The creation of a license key requires an existing installation. The customer can download the software from our website at any time free of charge. | ||
**Software Warranty**\\ | **Software Warranty**\\ | ||
- | Lucy Security AG warrants that during the use of the Software by the buyer the Software (i) is free from any virus, malware, spyware or any other software code* that may pose a danger to the buyer and its affiliates’ IT infrastructure, | + | Lucy Security AG warrants that during the use of the Software by the buyer the Software (i) is free from any virus, malware, spyware or any other software code* that may pose a danger to the buyer and its affiliates’ IT infrastructure, |
- | **Data Protection Warranties**\\ | + | Minor errors |
- | Lucy Security AG warrants that (i) it complies with Swiss Data Protection laws, and (ii) it will not transfer any data outside | + | |
- | **Applicable law and dispute resolution**\\ | + | Lucy Security AG warrants that all necessary measures, **have been implemented |
- | Contracts shall be governed by Swiss law. Any dispute arising out of or in connection with this Purchase Order shall be brought before the competent courts in Zurich. Place of jurisdiction shall be Zurich. | + | |
- | Any pre-printed terms and conditions of Lucy Security AG shall be excluded in their entirety and shall not become part of this Purchase Order, unless and to the extent that the client has explicitly accepted in writing such general terms and conditions. | + | |
- | **Duties | + | **Limitation |
- | The customer | + | Except in the case of a breach of a right of intellectual property of a party, which results in compensation obligations, |
+ | |||
+ | **License period**\\ | ||
+ | Each software is licensed for the period specified in the particular order. Unless otherwise specified in the order, the Software License will not be extended beyond the initial term of the Software License. Software support services will be provided for the period specified in each order, or, if no period for support services is specified, support services will be provided for a period of one (1) year from the date of delivery of the software to the Customer Customers provided. | ||
+ | |||
+ | **Effect of termination**\\ | ||
+ | Upon termination of any applicable SOW or Order for any reason, all access rights and licenses granted herein in respect of the affected Order or SOW will cease immediately. | ||
+ | |||
+ | **Professional services**\\ | ||
+ | The period of performance for Professional Services begins with the date specified in the applicable order or, as otherwise agreed between the parties in writing, and remains in effect for the duration specified in the applicable order. If the applicable order does not specify a time limit for Professional Services, then professional services commence upon the entry into force of SOW and continue until completed unless otherwise stated herein. | ||
+ | |||
+ | **Data Protection & GDPR**\\ | ||
+ | Lucy Security AG undertakes to comply with applicable data protection rules according to a separate Data Processing Addendum (the " | ||
+ | |||
+ | {{: | ||
+ | |||
+ | To comply with local data protection law, the client is responsible selecting the according LUCY settings. | ||
+ | LUCY Security has committed itself to comply with the GDPR guidelines applicable in the EU. Inquiries and requests regarding the customer' | ||
+ | |||
+ | Within ten (10) business days of the termination of this Agreement or upon Discloser’s written request, LUCY will promptly destroy or return all of Discloser’s Confidential Information in LUCY’s possession or in the possession of any representative of LUCY. | ||
**Support**\\ | **Support**\\ | ||
- | LUCY offers its support services (s8) during business hours (Switzerland). Commercial | + | All support activities related to software bugs are free of charge. The hourly price for support services |
+ | |||
+ | Please ensure that the LUCY software is always up to date with the latest patch before contacting our customer service. Having said all that, the LUCY team aims to be helpful and accommodating at all times, and will do its absolute best to assist the client wherever possible. Examples of issues that are not considered LUCY bugs: | ||
+ | |||
+ | * Application or system problems caused by changing anything within the Linux operating system on which LUCY runs. | ||
+ | * Third party SPAM filters blocking mails from LUCY. | ||
+ | * External Mail relays that do not work as expected. | ||
+ | * Proxy settings preventing LUCY to receive updates. | ||
+ | * DNS configuration issues caused by DNS entries not made by LUCY. | ||
+ | |||
+ | **Security and Monitoring on LUCY VPS**\\ | ||
+ | The following information describes the process of installing and supporting a new LUCY server when it is hosted by LUCY Security. All LUCY servers have a firewall to restrict access. Access is only possible for the system administrator and the support | ||
+ | |||
+ | Zabbix agents maintain the connection to the central, standalone Zabbix server and report all important events. Based on the monitoring of alarms, the system administrator or support | ||
+ | |||
+ | **Confidentiality Obligations**\\ | ||
+ | For purposes of this Agreement, " | ||
+ | |||
+ | The Recipient agrees to keep the Disclosing Party’s Confidential Information confidential and to protect the confidentiality of such Confidential Information with the same degree of care with which it protects the confidentiality of its own confidential information, | ||
+ | |||
+ | Recipient shall not make any copies of Disclosing Party’s Confidential Information except as needed for the Business Purpose. At the request of Disclosing Party, Recipient shall return to Disclosing Party all Confidential Information of Disclosing Party (including any copies thereof) or certify the destruction thereof. All right title and interest in and to the Confidential Information shall remain with Disclosing Party or its licensors. The obligations and limitations set forth herein regarding Confidential Information shall not apply to information which is: (a) at any time in the public domain, other than by a breach on the part of the Recipient; or (b) at any time rightfully received from a third party which had the right to and transmits it to the Recipient without any obligation of confidentiality. | ||
+ | |||
+ | In the event that the Recipient shall breach this Agreement, or in the event that a breach appears to be imminent, the Disclosing Party shall be entitled to all legal and equitable remedies afforded it by law, and in addition may recover all reasonable costs and attorneys' | ||
+ | |||
+ | **Applicable law and dispute resolution**\\ | ||
+ | This contract shall be governed by Swiss law. Any dispute arising out of or in connection with this contract shall be brought before the competent courts in Zurich. Place of jurisdiction shall be Zurich. Any pre-printed terms and conditions of Lucy Security AG shall be excluded in their entirety and shall not become part of this contract, unless and to the extent that the client has explicitly accepted in writing such general terms and conditions. | ||
- | **GDPR**\\ | ||
- | LUCY Security has committed itself to comply with the GDPR guidelines applicable in the EU. Inquiries and requests regarding the customer' | ||
terms_and_conditions.txt · Last modified: 2021/09/24 09:02 by lucysecurity