Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your use of the website and services provided by Zybur (“we”, “us”, “our”), an AI-powered managed cybersecurity provider based in Amsterdam, Netherlands. By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. Service Description

Zybur provides AI-powered managed cybersecurity services designed for small and medium-sized businesses (SMBs) in the Netherlands. Our services include but are not limited to:

• AI-powered Security Operations Centre (SOC) with continuous monitoring
• Threat detection and incident response
• NIS2 compliance support
• Vulnerability management and security assessments
• Security reporting and dashboards

The specific scope of services provided to you will be defined in your service agreement or subscription plan.

3. Acceptance of Terms

By accessing our website, submitting a contact form, or subscribing to our services, you confirm that you have read, understood, and agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

4. Service Availability and SLAs

We strive to provide reliable and uninterrupted services. However:

• We target a service availability of 99.9% for our managed security monitoring, measured on a monthly basis.
• Scheduled maintenance windows will be communicated in advance whenever possible and are excluded from availability calculations.
• In the event of service disruptions, we will use commercially reasonable efforts to restore service as quickly as possible.
• Specific SLA terms, including response times and remedies for downtime, may be defined in your individual service agreement.

We do not guarantee that our website or services will be available at all times or free from errors. We reserve the right to modify, suspend, or discontinue any part of our services with reasonable notice.

5. User Responsibilities

As a user of our website and services, you agree to:

• Provide accurate, current, and complete information when submitting forms or registering for our services.
• Maintain the confidentiality and security of your account credentials and promptly notify us of any unauthorised access.
• Use our services only for lawful purposes and in compliance with all applicable laws and regulations.
• Cooperate with our team in good faith during onboarding, incident response, and security assessments.
• Not attempt to reverse engineer, decompile, or disassemble any part of our services or technology.
• Not use our services to conduct any unauthorised security testing against third-party systems.

6. Intellectual Property

All content on our website, including text, graphics, logos, software, detection rules, AI models, dashboards, and documentation, is the property of Zybur or its licensors and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from our content without prior written permission. Your use of our services does not transfer any ownership rights to you over our technology, intellectual property, or proprietary methodologies.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• Zybur shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of or inability to use our services.
• Our total aggregate liability for any claims arising under these Terms shall not exceed the total fees paid by you to Zybur in the twelve (12) months preceding the claim.
• While our services are designed to detect and help mitigate cybersecurity threats, we cannot guarantee the prevention of all security incidents. Cybersecurity involves inherent risks, and no solution can provide absolute protection.

8. Data Protection

We take the protection of your data seriously. Our handling of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using our services, you acknowledge that you have read and understood our Privacy Policy. Where our services involve processing personal data on your behalf, a separate Data Processing Agreement (DPA) will be executed in accordance with GDPR requirements.

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of the service relationship. This includes, but is not limited to, security findings, vulnerability reports, network configurations, and business information. This obligation survives termination of these Terms.

10. Termination

Either party may terminate the service relationship under the following conditions:

• You may cancel your subscription by providing written notice in accordance with the terms of your service agreement.
• We may suspend or terminate your access to our services if you breach these Terms, fail to pay fees when due, or engage in conduct that is harmful to our operations or other customers.
• Upon termination, your right to use our services ceases immediately. We will provide reasonable assistance in transitioning your security monitoring to an alternative provider.
• Sections relating to intellectual property, limitation of liability, confidentiality, and governing law survive termination.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via our website or by email to active subscribers at least 30 days before they take effect. Your continued use of our services after such changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you should discontinue use of our services.

12. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands. Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

14. Contact

If you have any questions about these Terms of Service, please contact us at info@zybur.nl.