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terms_and_conditions [2018/08/27 10:29]
lucy
terms_and_conditions [2019/07/25 12:49] (current)
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-**LUCY Security AG - Terms and Conditions**+===== TERMS AND CONDITIONS (TOS) =====
  
-**Delivery of Service/Application**\\ +Please download a word copy of the TOS here: {{ ::​terms_and_conditions.docx |}} 
-After Payment ​Lucy Security AG shall within 5 days of execution of a purchase Order deliver to the buyer access ​to the functional ​(testedsoftware and according license key.+ 
 + 
 +**Payment**\\ 
 +Payment Net 30 days after invoice date 
 + 
 +**Price Validity**\\ 
 +Prices are valid for 30 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, customers and reports created. 
 + 
 +**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/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). 
  
 **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,​ and (ii) is free from any defects and errors (except for minor errors that have no impact on the 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. The software contains a feature which can simulate the functionality and behavior of a virus. The buyer is 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://​phishing-server.com/​PS/​doc/​dokuwiki/​doku.php?​id=user_management&​s[]=password).+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,​ and (ii) is free from any defects and errors** (except for minor errors that have no impact on the 
 +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.
  
-**Data Protection Warranties**\\ +**Minor errors ​(so called bugsare being fixed as fast as possible but within a period ​of 1 month after reporting 
-Lucy Security AG warrants that (iit 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 Purchase Order in writing with the recipient ​of the data outside of SwitzerlandExcluded ​is all communication named in this article: http://​phishing-server.com/​PS/​doc/​dokuwiki/​doku.php?​id=network_communication_-_lucy_--_internet. Please visit this [[company_application_and_data_security|link]] ​for additional information.+latest 
 +*The software contains ​feature which can simulate ​the functionality and behavior ​of a virusThe buyer is 
 +responsible to use this and all other features of the Software ​in accordance of local laws (e.gdata privacy ​for 
 +collected results).
  
-**Applicable law and dispute resolution**\\ +In the event of breach ​of any of the warranties, ​Lucy Security AG shall fully defend, indemnify ​and hold the buyer 
-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. +and its affiliates harmless from any against any lossliabilities,​ damages, claims, costs and expenses. Lucy 
-Any pre-printed terms and conditions ​of Lucy Security AG shall be excluded in their entirety ​and shall not become part of this Purchase Orderunless ​and to the extent that the client has explicitly accepted in writing such general terms and conditions.+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
  
-**Duties of the customer**\\ +***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). 
-The customer shall specify ​single point of contact for all communication. ​+ 
 +**Data Protection & GDPR**\\ 
 +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 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. 
 + 
 +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}}.
  
 **Support**\\ **Support**\\
-LUCY offers its support services (s8) during business hours (Switzerland). Commercial license holders submit their support ​requests ​to support@lucysecurity.com.+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 ​(30days of the invoice dateOther 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 serviceHaving 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 possibleExamples of issues that are not considered LUCY bugs:
  
-**GDPR**\\ +  ​Application or system problems caused by changing anything within the Linux operating system on which LUCY runs. 
-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. More info's can be found [[privacy_data_protection_and_gdpr|here]].+  ​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.
  
  
 +**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.
  
terms_and_conditions.1535358564.txt.gz · Last modified: 2019/07/25 12:51 (external edit)