Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The federal government and the State of Texas have created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Agreement
This Agreement is a legal agreement between Customer and Scinary Cybersecurity, LLC (the “Company”) and describes your rights to use the accompanying Company software product, hardware and/or service together with any associated media, printed materials and “online” or electronic documentation. The Company will provide only the Hardware that is listed on your Quote as being loaned to you. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Company Properties.
License
The Company offers its software to customers on a subscription basis but delivers the software pre-installed software on a server provided to you by the Company. Please read this Agreement and your Quote carefully to understand which license terms apply to your subscription. Customer acknowledges and agrees that Customer is solely responsible for reading and understanding this Agreement, and for complying with all applicable terms herein.
Customer Obligations
Customer agrees to take all reasonable steps to safeguard the Company Property to ensure that no unauthorized person has access thereto and that no unauthorized copy, publication, disclosure or distribution, in whole or in part, in any form is made. Customer hereby acknowledges and agrees that the Company Property contains valuable, confidential information and trade secrets and that unauthorized use and/or copying of same would be harmful to Company. Customer hereby represents and warrants that it will comply with all laws, rules and regulations which apply to its use of the Company Property. Customer agrees to cause all its End-Users to comply with the Acceptable Use Policy. Customer hereby further represents and warrants that the Company Property will not be used to filter, screen, manage or censor Internet content for End-Users without permission from the affected End-Users, and Customer agrees to indemnify Company for any claims regarding such activities. Customer hereby acknowledges and agrees that the use of features, including, but not limited to detection, measurements and control relay (DMCR), logging, and alerts, are subject to all state, local, and federals laws and regulations applicable within the country of deployment. Customer hereby agrees to comply with all such restrictions and required disclosures and hereby agrees to hold Company harmless of any and all claims and other damages arising from Customer’s failure to abide by same.
Termination of Agreements and Refunds Policy
Both the Customer and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Ownership
All right, title, and interest, including all Intellectual Property Rights, in and to the Company Properties shall be owned and retained by Company or its suppliers. Any rights not expressly granted by Company in the Agreement are reserved. Customer acknowledges that it acquires no ownership interest in the Company Properties. Company acknowledges and agrees that Customer is the sole and exclusive owner of all Customer Content. Any third party software included in the Company Properties may only be used in conjunction with such product or service, and is not licensed for use independent from such product or service.
Limitation of Remedies and Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CAUSE WHATSOEVER HEREUNDER SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT PAID BY CUSTOMER FOR THE LICENSED SOFTWARE, APP, HARDWARE AND/OR SERVICE DURING THE 12 MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH CUSTOMER ALLEGES THE EVENTS THAT CAUSED SUCH DAMAGE OCCURRED. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Dispute Resolution
Excluding any claims arising from or related to the infringement or misappropriation of Company Property, the parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Company, its agents, employees, successors, assigns or affiliates arising out of or relating to this Agreement, Company advertising or marketing materials, or any Company Property (a “Dispute”) through face-to-face negotiation. This Agreement is governed by the laws of the State of Texas without regard to conflict of law principles. If Agreement cannot be found through negotiation then the proceeding must be brought exclusively in a court of competent jurisdiction in McLennan County, Texas.
Indemnification
Company will indemnify Customer against any infringement claims. Any purported indemnification by the Customer is limited to the extent allowed by Texas law, if any. The Customer will not create any interest and sinking fund or levy a tax to set back funding for potential indemnification obligations.
Important
No appliance, service, or product on the market will prevent a malicious attack 100% of the time. Centurion is very powerful appliance, and our SOC team is very diligent, however we cannot guarantee that an attack will not be successful. What we do guarantee is that we will drastically increase the propability of detection of an attack.