Terms of Service

Acceptance of Terms

By accessing and using the website of kxprocteurynter GmbH (the "Company", "we", "us", or "our") and our cybersecurity services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our website or services. These terms constitute a legally binding agreement between you and kxprocteurynter GmbH, a company registered in Germany under registration number HRB639274.

Company Information

kxprocteurynter GmbH is a cybersecurity company incorporated under German law with the following details:

Services Description

kxprocteurynter provides cybersecurity services including but not limited to security assessments, threat detection and monitoring, incident response, security training, compliance consulting, and managed security services. Our services are designed to protect businesses from cyber threats and ensure regulatory compliance. Specific service details, scope, and deliverables will be outlined in separate service agreements or statements of work.

User Obligations

By using our services, you agree to:

• Provide accurate and complete information when requested
• Comply with all applicable laws and regulations
• Use our services only for legitimate business purposes
• Maintain the confidentiality of any access credentials provided
• Cooperate with our security recommendations and requirements
• Notify us promptly of any suspected security incidents
• Not use our services for any unlawful or prohibited activities
• Respect the intellectual property rights of kxprocteurynter and third parties

Intellectual Property

All content, materials, software, methodologies, reports, and other intellectual property provided by kxprocteurynter remain our exclusive property or the property of our licensors. This includes but is not limited to copyrights, trademarks, trade secrets, proprietary methodologies, software tools, security frameworks, and documentation. You are granted a limited, non-exclusive, non-transferable licence to use our services and related materials solely for your internal business purposes. You may not reproduce, distribute, modify, reverse engineer, or create derivative works from our intellectual property without prior written consent.

Client Data and Work Product

You retain ownership of your data and information provided to us. We may create reports, recommendations, and other work products during our engagement, which will be provided to you as specified in our service agreement. While you receive rights to use these work products for your business purposes, kxprocteurynter retains intellectual property rights in our methodologies, processes, and know-how used to create such work products.

Payment Terms

Payment terms for our services will be specified in separate service agreements or invoices. Unless otherwise agreed, payments are due within 30 days of invoice date. All fees are quoted in Euros (EUR) and exclude applicable taxes, which will be added as required by law. Late payments may incur interest charges as permitted by German law. We reserve the right to suspend services for overdue accounts after appropriate notice.

Confidentiality

We understand the sensitive nature of cybersecurity information and maintain strict confidentiality obligations. Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during our engagement. This includes technical data, business information, security vulnerabilities, and any other non-public information. Our confidentiality obligations survive termination of our services and continue indefinitely unless information becomes publicly available through no fault of the receiving party.

Limitation of Liability

To the maximum extent permitted by German law, kxprocteurynter's total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim during the twelve months preceding the incident. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, regardless of the theory of liability and even if we have been advised of the possibility of such damages. This limitation applies to all claims, whether based on contract, tort, or any other legal theory.

Cybersecurity Disclaimer

While we strive to provide the highest quality cybersecurity services, no security measures can guarantee complete protection against all threats. Cybersecurity is an ongoing process that requires continuous monitoring and adaptation. We cannot warrant that our services will prevent all security incidents or that your systems will be completely secure from all threats. Your use of our services does not transfer responsibility for your overall cybersecurity posture to kxprocteurynter.

Indemnification

You agree to indemnify and hold harmless kxprocteurynter, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights. This indemnification obligation survives termination of our services.

Data Protection and Privacy

We process personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Our Privacy Policy, which forms part of these terms, describes how we collect, use, and protect personal information. By using our services, you consent to our data processing practices as described in our Privacy Policy. Both parties agree to comply with all applicable data protection obligations when handling personal data during our engagement.

Termination

Either party may terminate ongoing services with appropriate notice as specified in the applicable service agreement. We reserve the right to immediately terminate or suspend access to our services if you violate these terms, engage in unlawful activities, or pose a security risk. Upon termination, you must cease using our services and return or destroy any confidential information in your possession. Provisions regarding intellectual property, confidentiality, limitation of liability, and indemnification survive termination of these terms.

Effect of Termination

Upon termination, kxprocteurynter will cease providing services and may delete or return client data as specified in our service agreement. You remain responsible for all fees incurred prior to termination. We will provide reasonable assistance in transitioning services to another provider, subject to additional fees for such assistance.

Force Majeure

Neither party shall be liable for any delay or failure to perform due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, or significant cyber attacks affecting infrastructure. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact of such events.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles. Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts of Düsseldorf, Germany. Both parties consent to the personal jurisdiction of such courts and waive any objection to venue or forum non conveniens.

Dispute Resolution

Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations. If a dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through the German court system or alternative dispute resolution mechanisms as mutually agreed.

Modifications

We reserve the right to modify these Terms of Service at any time by posting updated terms on our website. Material changes will be communicated to existing clients with reasonable notice. Your continued use of our services after such modifications constitutes acceptance of the updated terms. If you do not agree to the modified terms, you must discontinue use of our services.

Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent of the parties.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and kxprocteurynter regarding the use of our website and services. These terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties regarding the subject matter hereof.

Contact Information

If you have questions about these Terms of Service or need to contact us regarding legal matters, please reach out using the following information: