Terms and conditions for CyberScanner

The service "CyberScanner" is offered over the internet in the form of Software-as-a-Service by the company CyberScanner. The use of CyberScanner is subject to the below terms and conditions. Using CyberScanner constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by CyberScanner.

Article 1. Use of the service

1.1. With CyberScanner, you can CyberScanner is a versatile tool designed for automating cybersecurity assessments. It assists organizations in uncovering vulnerabilities and strengthening security measures. Users can conveniently initiate scans, receive detailed reports with insights, and utilize features for exploring their security landscape..

1.2. To use CyberScanner, you first need to register. After completing registration, you can directly log into your account and use the service.

1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. CyberScanner may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified CyberScanner that someone else knows your password.

1.4. CyberScanner processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of CyberScanner for more information.

Article 2. Terms of use

2.1. It is not permitted to use CyberScanner for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.

2.2. Should CyberScanner discover that you violate any of the above, or receive a complaint alleging the same, then CyberScanner may intervene to end the violation.

2.3. If in the opinion of CyberScanner the continued functioning of the computer systems or network of CyberScanner or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, CyberScanner may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.4. CyberScanner is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition CyberScanner is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.

2.5. CyberScanner may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless CyberScanner from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1. CyberScanner makes no promises regarding availability of the service.

3.2. CyberScanner actively maintains CyberScanner. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.

3.3. CyberScanner may from time to time adapt CyberScanner. Your feedback and suggestions are welcome but ultimately CyberScanner decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1. The service CyberScanner, the accompanying software as well as all information and images on the website is the intellectual property of CyberScanner. None of these items may be copied or used without prior written permission of CyberScanner, except and to the extent permitted by mandatory law.

4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). CyberScanner receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.

4.3. If you send information to CyberScanner, for example a bug report or suggestion for improvement, you grant CyberScanner a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.4. CyberScanner shall refrain from accessing data you store or transfer using CyberScanner, unless this is necessary for a good provision of the service or CyberScanner is forced to do so by law or order of competent authority. In these cases CyberScanner shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1. The use of CyberScanner is subject to a fee which is due every cyberscan. The fee must be paid in advance.

5.2. Payment is possible by making a wire transfer to the account of CyberScanner, via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.

5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1. Except in case of intentional misconduct or gross negligence the liability of CyberScanner shall be limited to the amount paid by you in the two months prior to the moment the cause of the damage occurred.

6.2. CyberScanner in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

6.3. Damages may only be claimed if reported in writing to CyberScanner at most two months after discovery.

6.4. In case of force majeure CyberScanner is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.

7.2. Please note: it is not possible to export data you store or process using the service.

Article 8. Changes to terms

8.1. CyberScanner may change or add to these terms and conditions as well as any prices at any time.

8.2. CyberScanner shall not announce any service changes or additions.

Article 9. Miscellaneous provisions

9.1. Dutch law applies to this agreement.

9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with CyberScanner shall be brought before the competent Dutch court for the principal place of business of CyberScanner.

9.3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the CyberScanner service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4. The version of any communication of information as recorded by CyberScanner shall be deemed to be authentic, unless you supply proof to the contrary.

9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6. CyberScanner is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of CyberScanner or the associated business activities.