End-User License Agreement (EULA)
As of April 4, 2024
This End-User License Agreement is a legal agreement between the firm that registered (hereafter the User) and Cybermap360 S.A. in Switzerland (hereafter Cybermap360).
The registered firm is the one listed under “Your firm” in the Sign-up window of www.cybermap360.ch (hereafter referred to as the “Firm”). This can be confirmed on the account details page at www.cybermap360.ch.
“You”, “Your”, “you” and “your” refer to the User.
The User covers the Firm, all its entities as defined below, and all its employees, without any exception.
An Entity or Entities refer to any subsidiary, division, affiliate, or other business unit that is legally part of the Firm and operates under the Firm’s control. These Entities are recognized as separate legal entities that collectively conduct business under the Firm’s overarching governance. In instances of ambiguity regarding an entity’s status as part of the Firm, it is incumbent upon the Firm to provide sufficient evidence or documentation to establish the entity’s affiliation to the satisfaction of Cybermap360.
The license does not cover entities that do not meet the definition of Entities, such as clients, providers, and partners. These entities must obtain their own license.
This End-User License Agreement (EULA) governs the use of Cybermap 360 software available at www.cybermap360.ch (hereafter, the Software) found on www.cyberma360.ch.
Please read this EULA agreement carefully before approving it and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If the User registers for a free trial of the Software, this EULA agreement equally governs that trial.
Upon launching the Software for the first time, or when asked by the Software, by clicking “Accept”, the User confirms their understanding and acceptance of this EULA without any restrictions.
The individual who registers as the User and accepts this End-User License Agreement (EULA) must possess the requisite legal authority to bind the User to these terms. Those lacking such authority are hereby expressly prohibited from accepting this EULA and from utilizing the Software. Notwithstanding the absence of such authority, any act of accepting this EULA or using the Software constitutes an unequivocal acceptance of these terms by the User, thereby binding the User to this Agreement in its entirety.
This EULA agreement applies only to the Software supplied by Cybermap360. This EULA applies to the past, current, and all future versions of the Software. It also covers all support services and all consulting services provided by the Cybermap360.
Cybermap360 grants the User a personal, non-exclusive, and non-transferable license to use the Software in compliance with the terms of this EULA.
Your access level is determined by your license tier (check your account within the Software), and you confirm that you will comply with the tier’s definition and inform Cybermap360 of any necessary tier adaptations.
The tenant’s data is encrypted end-to-end, both at rest and in transit, and Cybermap360 does not have access to it.
Note that you are strictly prohibited from the following actions in regard to the Software:
- Reproducing, copying, distributing, reselling, or using the Software for any commercial purpose
- Allowing any third-party to use the Software on behalf of or for the benefit of any third-party
- Using the Software in any way that violates any applicable local, national, or international laws
Cybermap360 unequivocally retains all rights, title, and interest in and to the Software, including any and all intellectual property rights embodied therein, regardless of the form or media in which the original or other copies may subsequently exist. This includes, but is not limited to, copyrights, patents, trademarks, trade secrets, and other proprietary rights, as well as any amendments, enhancements, or modifications thereto. Under no circumstances shall the User acquire any ownership rights, title, or interests in the Software or any related intellectual property rights, all of which shall remain exclusively with Cybermap360.
Cybermap360 will take all necessary reasonable efforts to fix bugs in the Software.
Cybermap360 will not reimburse the User for bugs, but it will make reasonable efforts to fix them within a reasonable timeline.
Cybermap360 is responsible for providing business continuity capabilities for the Software and performs daily backups of the Software and its data. However, Cybermap360 does not provide individual tenant restore capabilities and services. The User can take backups of their own data directly within the Software.
The User hereby acknowledges and agrees that the Software is provided ‘as is’ and is not designed, intended, or represented to offer guaranteed protection against any form of cyber incident, including but not limited to cyber-attacks, data breaches, loss of data, or any other related or unrelated cybersecurity events. The Software is not and does not replace security solutions such as but not limited to firewalls, anti-virus, anti-malware, network scanning, access controls management, and backups. Cybermap360 makes no warranties, express or implied, that the Software will prevent such incidents.
Cybermap360, together with its employees, agents, and third-party providers (collectively, ‘the Parties’), expressly disclaims any and all liability for any direct, indirect, incidental, consequential, or exemplary damages, whether financial or otherwise, arising from or in connection with the use of the Software. This includes, but is not limited to, any loss, leakage, or alteration of data, regardless of whether such damage is total or partial. Furthermore, the Parties shall not be held liable for any issues related to third-party software that may be required for the utilization of the Software. Under no circumstances will the Parties be obligated to provide any form of compensation, whether financial or otherwise, to the User for any claims, damages, or losses resulting from the use of the Software.
The License of the Software cannot be reimbursed, except if Cybermap360 accepts to do so.
This End-User License Agreement (EULA) becomes effective from the date the User first uses the Software and will remain in effect until terminated. The EULA can be terminated immediately if the User fails to comply with any of its terms. In the event of termination, the license granted by the EULA will immediately terminate and the User must stop all access and use of the Software. The provisions that are necessary to continue and survive will survive any termination of this EULA agreement.
If the User decides to terminate their account, they can request Cybermap360 to delete all data associated with their account. Cybermap360 will fulfill this request within 30 business days. Please note that once the data is erased, the User will not be able to reactivate their account without starting from the beginning and subscribing again to the Software. The data will be permanently deleted and cannot be retrieved. Send your request to Cybermap360 via email. The 30-day period starts after Cybermap360 confirms the request.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Switzerland, in Switzerland.
By clicking “Accept” or using the Software, you confirm that you have read, understood, and agreed to this End-User License Agreement without any restrictions.
For any questions, please contact us.
