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This shows you the differences between two versions of the page.

--- terms_and_conditions [2019/06/22 09:17] – lucy
+++ terms_and_conditions [2019/06/22 09:44] – lucy
@@ Line 1: / Line 1: @@
-TERMS AND CONDITIONS
+===== TERMS AND CONDITIONS (TOS) =====
-**Payment**
+Please download a word copy of the TOS here: {{ ::terms_and_conditions.docx |}}
+**Payment**\\
 Payment Net 30 days after invoice date
-**Price Validity**
+**Price Validity**\\
 Prices are valid for 30 days
-**Own use of the software**
+**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, customers and reports created.
-**Use of the software for third parties**
+**Use of the software for third parties**\\
 The software can be used during the contractual term to test third-party organizations such as customers, partners or suppliers.
-Delivery of Service/Application
+**Delivery of Service/Software**\\
+The creation of a license key requires an existing installation. The customer can download the software from our website https://lucysecurity.com at any time free of charge. Lucy Security AG grants access to the licensed functions within a maximum of 5 days after receipt of the order. The customer needs the workstation ID to be delivered to us. This ID is located in the corresponding administration area of the software (https://wiki.lucysecurity.com/doku.php?id=how_to_activate_lucy&s[]=workstation#where_to_find_the_workstation_id).
-After Payment Lucy Security AG shall within 5 days of execution of this Purchase Order deliver to the buyer
+**Software Warranty**\\
-access to the functional (tested) software and according license key.
-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
@@ Line 23: / Line 25: @@
 functionality of the Software), and (iii) does not create any safety risk to the buyer and its affiliates’ IT
 environment, and (iv) does not violate any third party rights, and (v) does not violate any laws.
 **Minor errors (so called bugs) are being fixed as fast as possible but within a period of 1 month after reporting
 latest
@@ Line 28: / Line 31: @@
 responsible to use this and all other features of the Software in accordance of local laws (e.g. data privacy for
 collected results).
 In the event of breach of any of the warranties, Lucy Security AG shall fully defend, indemnify and hold the buyer
 and its affiliates harmless from any against any loss, liabilities, damages, claims, costs and expenses. Lucy
 Security AG warrants that all necessary measures*** have been implemented to avoid any abuse of the Software
 by any third party which would pose a safety risk to the buyer’s IT infrastructure
-***It is the buyer’s responsibility to set a secure password to secure the access to LUCY (http://phishingserver.
-com/PS/doc/dokuwiki/doku.php?id=user_management&s[]=password)
+***It is the buyer’s responsibility to set a secure password to secure the access to LUCY (see https://wiki.lucysecurity.com/doku.php?id=security_considerations).
-Data Protection
-Warranties
+**Data Protection & GDPR**\\
-Lucy Security AG warrants that (i) it complies with Swiss Data Protection laws, and (ii) it will not transfer any data
+Lucy Security AG warrants that (i) it complies with Swiss Data Protection laws, and (ii) it will not transfer any data outside of Switzerland****, except with the buyer’s prior written consent and subject to a Purchase Order in
-outside of Switzerland****, except with the buyer’s prior written consent and subject to a Purchase Order in
+writing with the recipient of the data outside of Switzerland.****Excluded is all communication named in this article: https://wiki.lucysecurity.com/doku.php?id=network_communication_-_lucy_--_internet. To comply with local data protection law, the client is responsible selecting the according LUCY settings.
-writing with the recipient of the data outside of Switzerland.
-****Excluded is all communication named in this article: http://phishingserver.
+LUCY Security has committed itself to comply with the GDPR guidelines applicable in the EU. Inquiries and requests regarding the customer's data protection rights should be sent to dpo@lucysecurity.com. Please download our GDPR agreement {{ :gdpr_agreement.docx |here}}.
-com/PS/doc/dokuwiki/doku.php?id=network_communication_-_lucy_--_internet. To comply with Swiss
-data protection law, it is the client is responsible selecting the according LUCY setting: http://phishingserver.
+**Support**\\
-com/PS/doc/dokuwiki/doku.php?id=confidentiality_of_campaign_data&s[]=anonymous
+All support activities related to software bugs are free of charge. The hourly price for support services is $90. Support bills will be created monthly or yearly. All invoices issued hereunder are due and payable within thirty (30) days of the invoice date. Other exceptions: If a WIKI article is not clearly formulated or is outdated, the customer will not be charged for the resulting questions. All other issues will be charged once the support budget included in the according license model is used up. 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:
-Applicable law and
-dispute resolution
+  * Application or system problems caused by changing anything within the Linux operating system on which LUCY runs.
-This Purchase Order / Invoice shall be governed by Swiss law. Any dispute arising out of or in connection with
+  * Third party SPAM filters blocking mails from LUCY.
-this Purchase Order / Invoice shall be brought before the competent courts in Zurich. Place of jurisdiction shall be
+  * External Mail relays that do not work as expected.
-Zurich.
+  * Proxy settings preventing LUCY to receive updates
-Any pre-printed terms and conditions of Lucy Security AG shall be excluded in their entirety and shall not become
+  * DNS configuration issues caused by DNS entries not made by LUCY.
-part of this Purchase Order, unless and to the extent that the client has explicitly accepted in writing such general
-terms and conditions.
+**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.