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TERMS AND CONDITIONS (TOS)

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. 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 administration area under support/license.

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.

Limitation of Liability
Except in the case of a breach of a right of intellectual property of a party, which results in compensation obligations, a party shall not be liable for any special, incidental, consequential or exemplary damages of any kind, including but not limited to lost profits and lost savings, regardless of how they were caused. The limitations and exclusions contained herein are limited to the maximum extent permitted by applicable law.

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. The termination or expiration of any order or SOW shall not be deemed termination or expiration of any other order or SOW in effect at the time of termination or expiration, and this Agreement shall continue to apply to such outstanding orders and SOWs until such orders and SOWs have expired or terminated by their own terms or as set forth herein.

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 "Addendum") to be entered into by the parties. The communication named below is excluded from this Addendum.

terms_and_conditions.1575933011.txt.gz · Last modified: 2019/12/10 00:10 by lucy