Terms and Conditions

Legal Compliance

By using our services, you agree to:

• Comply with all applicable local, national, and international laws and regulations
• Obtain any necessary permissions, licenses, or approvals required for your use of our services
• Ensure that your use of our services does not violate the rights of third parties
• Adhere to industry standards and best practices relevant to your use of cybersecurity services
• Not use our services in any manner that could damage, disable, or impair our systems

Conduct Requirements

You agree to maintain professional and ethical conduct when interacting with DataGuard and using our services. Specifically, you must not:

• Provide false, misleading, or inaccurate information
• Impersonate any person or entity or misrepresent your affiliation
• Engage in harassment, abuse, or threatening behavior toward our staff or other users
• Attempt to circumvent security measures or access controls
• Use our services to distribute spam, malware, or other harmful content
• Interfere with other users' access to or enjoyment of our services

Content Guidelines and Restrictions

Any content you submit, upload, or transmit through our services must:

• Not infringe upon intellectual property rights of others
• Not contain confidential information without proper authorization
• Not include defamatory, obscene, or offensive material
• Not promote illegal activities or violate applicable laws
• Be accurate and truthful to the best of your knowledge

Age Restrictions and Requirements

Our services are intended for individuals who are at least 18 years of age or the age of majority in their jurisdiction, whichever is higher. By using our services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into binding contracts. If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

Limitation of Liability

To the maximum extent permitted by applicable law, DataGuard and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any:

• Indirect, incidental, special, consequential, or exemplary damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage arising from your use of services
• Unauthorized access to or alteration of your transmissions or data
• Actions or omissions of third parties

In no event shall our total aggregate liability exceed the amount you paid to DataGuard in the twelve months preceding the claim, or €100, whichever is greater.

Consequential Damages Exclusion

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law. This limitation applies regardless of the theory of liability, whether based in contract, tort, negligence, strict liability, or otherwise.

Force Majeure

DataGuard shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet service failures, equipment failures, or power outages. During such events, our obligations shall be suspended for the duration of the force majeure event.

Data Processing Agreement

Our collection, use, and protection of personal data are governed by our Privacy Policy, which forms an integral part of these Terms and Conditions. By using our services, you acknowledge that you have read and understood our Privacy Policy and consent to the data practices described therein. We process personal data in accordance with applicable data protection laws, including GDPR and Cyprus data protection legislation.

Third-Party Data

If you provide us with personal data of third parties (such as employees, contractors, or customers), you represent and warrant that you have obtained all necessary consents and have the legal right to share such data with us. You agree to indemnify us against any claims arising from your unauthorized disclosure of third-party data.

Data Security Responsibilities

While we implement appropriate security measures to protect data, you acknowledge that no method of transmission over the internet or electronic storage is completely secure. You are responsible for maintaining the security of your own systems and for any data you provide to us. We recommend implementing appropriate security measures on your end to protect sensitive information.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Cyprus, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any legal action or proceeding arising out of or related to these terms shall be instituted exclusively in the courts of Nicosia, Cyprus, and you consent to the personal jurisdiction of such courts.

Dispute Resolution Procedures

Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute through good faith negotiations with DataGuard. You must provide written notice of the dispute, including a detailed description of the issue and proposed resolution. We will have thirty days to respond and attempt to resolve the matter amicably. If the dispute cannot be resolved through negotiation, either party may pursue formal legal remedies.

Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the invalid provision shall be severed, and the remaining provisions shall continue in full force and effect.

Waiver

No waiver of any provision of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of DataGuard.

User Termination

You may terminate your use of our services at any time by ceasing to access our website and discontinuing use of our services. If you have an account with us, you may request account closure by contacting us. Termination does not relieve you of obligations incurred prior to termination.

DataGuard Termination Rights

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these terms, fraudulent or illegal activities, non-payment of fees, or conduct that we reasonably believe may harm our business, reputation, or other users.

Effect of Termination

Upon termination, your right to use our services shall immediately cease. Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. We are not obligated to retain or provide access to any data after termination.