Legal

End-user agreement

Article 1. Definitions

In the EUA several terms are used, in singular or plural form, that start with a capital letter and are defined as the words that are written in italic in this article.

1. Agreement: the agreement regarding the use of the Services between Organization and Partner.
2. Guardian360: the private limited liability company “Guardian360 B.V.”, and any successor thereof.
3. Functionality: the functionality of the Services.
4. EUA: this end user agreement.
5. End User: the natural person who uses the Service(s) (you).
6. Organization: the organization which makes the Functionality available to End User (e.g. because the End User works for the Organization).
7. Distributor: a distributor authorized by Guardian360, as it can be found on the website of Guardian360, which list can be updated by Guardian360 from time to time.
8. Partner: the Guardian360 authorized partner, which enters into agreements with Organization regarding the use of the Functionality.
9. Service: a service of Guardian360 which is delivered through the internet to Organization by Partner.
10. Cloud Environment: any cloud-based or software-as-a-service environment, including but not limited to Microsoft 365 environments, which is administered by Organization and to which Organization grants or has granted Guardian360 access for the purpose of the Services.

Article 2. Indemnification

1. End User guarantees that the networks, equipment and Cloud Environments scanned, assessed or tested by the Services, are owned and/or administered by Organization, or that Organization holds sufficient rights, granted by the relevant provider, to permit such scanning, assessment or testing. End User indemnifies Guardian360 against any claims of third parties relating to scanning, assessing or testing networks, equipment or Cloud Environments not owned, administered or sufficiently authorized by Organization, with the Services.

2. End User herein grants Guardian360 authority to scan, assess and/or test the networks, equipment and Cloud Environments of Organization with the Services during the term of the Agreement. End User guarantees never to undertake any (legal) steps against Guardian360 or its staff for access to computer systems or Cloud Environments with the Services, for instance, End User should refrain from reporting to the police any computer trespassing by Guardian360 or its staff. The aforementioned guarantee does not apply if and insofar as Guardian360 abuses the possibility to intrude into the computer systems or Cloud Environments of Organization.

3. Although the Services have been designed by Guardian360 with great care, it might occur that the Services damage (data) files or databases of Organization, with the possible consequence that data and/or (web) applications of the Organization are unavailable. Guardian360 shall not be liable for damages as a result of this, except for a situation in which the damages are caused as a result of intent or conscious recklessness (in Dutch: “opzet of bewuste roekeloosheid”) of the top level management of Guardian360. It is therefore the responsibility of End User to make periodic, at least daily, adequate backups of the data(bases) and applications to which the Services might have access.

Article 3. Effect and duration

1. The EUA becomes effective the day that it is been accepted by End User.
2. This EUA terminates when the Agreement between Distributor or Partner and Organization is terminated.

Article 4. Other stipulations

1. This EUA is governed by the Laws of the Netherlands.
2. Guardian360 does not support End User directly regarding the use of the Service. For support the End User must contact the Organization, Distributor or Partner.