License Agreement

End User License Agreement Aon

Aon End User License Agreement

TERMS OF USE
of CYAN Security Group GmbH

 

1. GENERAL PRODUCT AND SERVICE DESCRIPTION

  1. With the help of the App from AON Schweiz AG, Vulkanstrasse 106, 8048 Zurich (“Aon”), which was developed in cooperation with CYAN Security Group GmbH (FN 416622 f), Wiedner Gürtel 13, 1100 Vienna (“CSG”) and is made available to the customer against payment, CSG offers protection against dangers on the Internet such as phishing, spam, malware and viruses (“App”). The App protects by warning the user when entering dangerous websites or downloading suspicious content. The App also allows the user’s email address to be checked against a database of stolen user identities to reveal identity theft and warn the user of potential damage.
  2. The app works with all common devices with the operating systems iOS version [9.0 or newer] and Android version [5.0 or newer]. Certain functions may not be available due to operating system restrictions. Operation is via the app, which allows user-specific settings. The protection function is in the background and is active even without an open app.
  3. Prerequisite for the use of the app is the conclusion of a paid option via InApp Purchase or by entering a license key. The protection functions are only activated with the option upright, which can be checked in the app.
  4. The content, software and other objects of the CSG website may change according to market requirements and do not constitute an offer for sale.
  5. For the provision of certain services (e.g. cybersecurity insurances, which do not apply to InApp purchases but if the customer buys the App through AON and activates it with a license key provided by AON) a separate agreement is concluded with the customer. These services are not included in the app’s billing, but are charged separately.

2.RIGHT OF USE

CSG grants the user a non-exclusive, revocable, non-sublicensable and non-transferable right to use the App for his own purposes for the duration of the App.

 

3.USAGE TIMES AND SUPPORT

  1. In case of technical problems and inquiries, users can contact CSG via the contact form (available in the app via the contact link, an email [[email protected]] will be sent to the support) during normal office hours (weekdays from 8:00 to 18:00). These service requests are of course free of charge. Fault reports concerning the technical function of the product will be repaired within a reasonable period and reported back to the customer.
  2. The granting of the rights of use is subject to the resolutory condition of compliance with these terms of use. If the user violates these terms of use, the rights of use of the app including its content shall automatically expire.
  3. The user is obliged to support CSG to the best of his ability in the analysis of the errors or to fulfill his performance promise free of charge and to an appropriate extent, in particular by making available error messages and symptoms as well as useful information for the elimination of errors, which are necessary for CSG for the purpose of the final fault.

4.SCOPE OF SERVICES

  1. CSG strives to maintain the availability of the App. However, due to planned or necessary maintenance work or further development, the App may be temporarily unavailable. CSG will inform the user in advance of these downtimes as a maintenance window. The temporary unavailability of the App can never be completely excluded due to technical failures.
  2. The user further acknowledges that the app may also be unavailable due to technical or other reasons beyond the control of CSG (e.g. force majeure, fault of third parties, etc.).

5.CHANGES / TERMINATION OF THE APP AND THE TERMS OF USE

  1. CSG is entitled, even during an upright contract, to change the functionalities of the App at any time (optically, technically, in terms of content or in any other way), to extend or (temporarily or permanently) discontinue the App. The user has no claim to the use of individual or all functionalities of the App. This also applies to permanent availability. The user must independently arrange for any adjustments that may become necessary in his operating environment at his own expense
  2. Due to security, technical, economic, legal or regulatory reasons, CSG may be obliged to temporarily or permanently disable some or all functions of the App. In the event of a fundamental change in the legal or technical standards of the internet, CSG is entitled to stop the App after prior written notice.

6.DUTIES OF CARE OF THE USER

  1. The user is obliged to use the app only legally in accordance with these terms of use and in compliance with the applicable law.
  2. The user must use the app for his own purposes. It is not permitted to transfer, publish, license, sell or otherwise commercially exploit the App (or individual functions or parts thereof) to third parties, whether for a fee or free of charge. No rights to the App may be rented, leased or otherwise transferred.
  3. The User is expressly not entitled to modify, adapt, translate, create derivative works from, reverse engineer, disassemble or otherwise attempt to derive the source code of the App.
  4. All data entered must be checked by the user for completeness and correctness before release. The user must ensure that no damaging influences (viruses, trojans and similar) are caused by devices used to access the app and that no technical equipment (hardware, software) of the app is affected. The user is obliged to keep his personal access data confidential. The passing on to third parties is not permitted. The user is obliged to inform CSG immediately if there is any suspicion of misuse of the access data. The assertion of claims against CSG and its subcontractors in this connection is expressly excluded
  5. The user will not use the trademarks used by CSG or its subcontractors for its own purposes and will support them in every respect in the fulfillment of the contractual performance obligations free of charge to an appropriate extent (see item 3.2).

7.LIABILITY OF THE USER

  1. In case of intentional or grossly negligent violation of the duty of care by the user (in particular item 6) or in case of misuse of the App, including the violation of content or property rights of CSG, its subcontractors or third parties, the user is fully liable for the damages incurred and is obliged to indemnify and hold CSG or its subcontractors harmless.
  2. The user is liable for the completeness and correctness of his data (item 6.4) and is obliged to indemnify and hold CSG or its subcontractors harmless for all disadvantages arising from the misuse of your access data for which the user is responsible.

8.WARRANTY, LIABILITY CSG

  1. CSG guarantees the technically correct functioning of the App according to the current state of knowledge/technology, as well as its defect-free operation and basic usability. The user acknowledges that 100% protection is not possible according to the current state of the art and that CSG therefore cannot guarantee that all dangers are correctly identified and kept away from the customer, especially due to the constantly changing framework conditions, especially in the identification of viruses & malware, but also in the identification of dangers on websites. The warranty is therefore limited to the successful adjustment of the web rules within the update cycles (max. 4 hours) and the updating of the anti-virus database.
  2. Any damage caused by item 4.1 (maintenance, technical malfunction) or  4.2 (force majeure) (includes any positive damage, consequential damage and loss of profit), including loss of data, is to be borne by the user and does not entitle the user to any claims for damages against CSG or its subcontractors and in particular does not entitle the user to discontinue or reclaim payment of the user fee.
  3. CSG does not guarantee that the service offered is suitable for any particular purpose and will function without error.
  4. CSG is only liable for personal injury or damage to property, insofar as legally permissible, in the event of intent or gross negligence. If the user is an entrepreneur in the sense of the KSchG (German Consumer Protection Act), the liability for lost profits, lost savings, lost data, indirect and consequential damages as well as damages from claims of third parties is excluded, unless this is contrary to mandatory law.
  5. CSG is liable, for whatever legal reason, to a single injured party with a maximum of EUR 1,000.
  6. Furthermore, CSG assumes no responsibility or liability for user content or for applications, software or services of third parties, in particular in those cases mentioned in item 1.5.

9.DATA PROTECTION

Our privacy policy applies (https://www.cyansecurity.com/datenschutz).

 

10.MISCELLANEOUS

  1. Minor and objectively justified changes to the terms of use may be made by CSG at any time. CSG will inform the user of any further changes to the Terms of Use in an appropriate manner by publication on [https://www.cyansecurity.com/en/eula/end-user-license-agreement-aon] The user may object to such changes within four weeks after receipt of the information. If the user does not object, the user accepts the changes. The user will be expressly informed of the right of objection, the time limit available for such objection and the legal consequences if the user does not object in due time, when the user is informed of the changes.
  2. These Terms of Use shall be governed by Austrian law, excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. For all legal disputes arising from the Terms of Use, including the question of their formation, validity or dissolution, the competent court for Vienna Innere Stadt shall be declared exclusively competent. According to § 14 KSchG (Austrian consumer protection act), the place of jurisdiction for legal actions against consumers is their place of residence, usual place of abode or place of employment, if this is within Austria.

Should individual provisions of these Terms of Use – for whatever reason – become legally ineffective or invalid in whole or in part, this shall not affect the legal validity of the remaining provisions of these Terms of Use. In the event of any ineffectiveness of individual provisions, the invalid provision shall automatically be replaced by a new valid provision which comes as close as possible to the economic purpose of the invalid provision, considering the objectives of these Terms of Use.

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