Terms of Use

Effective as of March 23, 2022

These Terms of Use ("Terms") constitute a special agreement between ESET, spol. s r. o., having its registered office at Einsteinova 24, 85101 Bratislava, Slovak Republic, registered in the Commercial Register administered by Bratislava I District Court, Section Sro, Entry No 3586/B, Business Registration Number: 31333532 ("ESET" or "Provider") and you, a natural person or legal entity ("You" or "User") who accesses an account for administration, ESET Inspect Cloud and who uses online services owned and provided by ESET ("Account") which are all specified in the applicable documentation accessible via ESET Online Help ("documentation"). If You use the Account on behalf of an organization, then You agree to these Terms for that organization and guarantee that You have the authority to bind that organization to these Terms. In that case, You and User will refer to that organization. Read these Terms carefully. They also relate to services provided by ESET through or in relation to the Account. The specific conditions for using individual services beyond these Terms are stated with each service, with their acceptance being part of the service activation process.

Security and Data Protection

The Account renders access to products and services provided by ESET. The user's full name, company name, country, valid email address, phone number, licensing data and statistic are required for registration and use of the Account and for the purpose of provision and maintenance of services accessed via Account. You hereby agree to data being collected and transferred to Provider's servers or those of its partners, the purpose of which is to ensure functionality of and authorization to use the Account and protection of the Provider’s rights. Following conclusion of these Terms, the Provider or its partners shall be entitled to transfer, process and store essential data identifying You for support purposes, and for the purpose of performance of these Terms. You are authorized to use the Account solely for the purposes and manner for which it is intended under these Terms, individual service terms and documentation.

You are responsible for the security of your Account and credentials required for logging in. ESET shall not be liable for any loss or damage resulting from your failure to comply with this obligation to maintain security. The User is also responsible for any activity related to the use of the Account, authorized or not. If the Account is compromised, you should notify the Provider immediately.

In order for your Account to work, the collection and processing of data concerning monitored endpoint devices and your network is required ("Data"). The extend of monitoring that is actually being performed in your infrastructure as well as the exact data being collected depend exclusively on rules, exclusions and settings managed by You and your administrators. We will therefore process Data as a data processor based on Data Processing Agreement available in the Annex 2 as well as our Privacy Policy and only to provide you with Account and related services and functionalities.

Data as well as other Account-related logs shall be stored in accordance with Logs Retention Policy available in documentation.

Details about privacy, personal data protection and rights as a data subject can be found in Privacy Policy.

Fair Use Policy

You are obliged to comply with technical limitations stipulated in documentation. You agree that You will only use the Account and its functions in a way which does not limit the possibilities of other Users to access these services. The Provider reserves the right to limit the scope of services provided to individual Users, to enable use of the services by the highest possible number of Users. Limiting the scope of services shall also mean complete termination of the possibility to use any of the functions of the Account and deletion of data and information.

The Provider also reserves the right to limit the number of devices managed under the Account. You are allowed to add and manage up to 5000 endpoint devices.

Limitation of Use

The usage of Account is strictly limited to the usage of products from ESET PROTECT Enterprise Bundle. To create the ESET Inspect Cloud instance, you shall use your ESET Business Account.

Special Services

In case You obtain from ESET (at its sole discretion) a right to access and use its product, service or a certain feature for free or You obtain from ESET a right to access and use a service, product or a feature labeled as "Beta", "Early Access", "Pre-release" or similarly marked by ESET as untested, experimental or not being finished ("Special Services"), provisions of this section shall apply to your use of such Special Services and shall prevail in case of any conflicts with the provisions of the Terms.

You acknowledge that Special Services may contain errors and bugs that may cause malfunctioning of the Special Service, but also damage, including system failures, interruptions or data loss. In case ESET provides any updates, assistance or any technical support in relation to Special Services, they are provided only at the ESET´s sole discretion and may be discontinued anytime. ESET has no duty to store Data or other information collected through Special Services and may delete them without any prior notice. You also acknowledge that documentation for the Special Services may not be available until official launch of the Special Service in question.

Special Services shall be provided to You during the period stated in the accepted order or other document or communication based on which You obtained right to access and use Special Services. ESET is however entitled to discontinue provision of a Special Service or any of its features at its sole discretion at any time. In such case, ESET shall send you a prior notice at least thirty (30) days before terminating the provision of Special Service, unless it is not practicable due to important commercial, technical, security or other reasons.

Location

Provider may allow You to choose from available hosting locations for Account, including recommended location chosen by Provider. You acknowledge that by choosing of other than recommended location, your user experience may be affected. Based on the chosen location Data Protection Agreement included in the Annex no. 2 of this Agreement and Standard Contractual Clauses included in the Annex no. 3 of this Agreement may apply. ESET reserves the right to change specific location at any time without prior notice for the purpose of improvement of services provided by ESET in compliance with your location preferences (e.g. European Union).

Software

ESET or its respective suppliers own or may exercise copyright to all software available on the Account websites (hereinafter referred to as "Software"). The Software can be used only in accordance with the End User License Agreement (hereinafter referred to as "EULA"). EULA is supplied together with the Software, or comprises part of it. Software supplied with the EULA cannot be installed without the User's consent to the EULA. Other information regarding licensing, copyright, documentation and trademarks are stipulated in the Legal Information.

Restrictions

You may not copy, distribute, extract components or make derivative works of the Account. When using the Account You are required to comply with the following restrictions:

(a) You may not use, modify, translate or reproduce the Account or transfer rights to use the Account or its components in any manner other than as provided for in these Terms.

(b) You may not sell, sub-license, lease or rent or borrow the Account or use the Account for the provision of commercial services.

(c) You may not reverse engineer, reverse compile or disassemble the Account or otherwise attempt to discover the source code of the Account, except to the extent that this restriction is expressly prohibited by law.

(d) You agree that You will only use the Account in a manner that complies with all applicable laws in the jurisdiction in which You use the Account, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

Disclaimers

AS THE USER, YOU HEREBY ACKNOWLEDGE THAT THE ACCOUNT AS WELL AS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT ACCOUNT OR SERVICES WILL NOT INFRINGE ANY THIRD PARTY'S PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE PROVIDER OR ANY OTHER PARTY MAKE NO GUARANTEE THAT THE ACCOUNT OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ACCOUNT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF ACCOUNT AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM IT.

These Terms create no obligations on the part of the Provider and its licensors other than as specifically set forth herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR CONTRACTORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE ACCOUNT, EVEN IF THE PROVIDER, ITS CONTRACTORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES, CONTRACTORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE SERVICE OR ACCOUNT IN QUESTION.

Trade control compliance

(a) You will not, directly or indirectly, export, re-export, transfer or otherwise make available the Software to any person, or use it in any manner, or be involved in any activity, that could result in ESET or its holding companies, its subsidiaries, and the subsidiaries of any of its holding companies, as well as entities controlled by its holding companies ("Affiliates") being in violation of, or being subject to, negative consequences under trade control laws which include:

i. any laws that control, restrict, or impose licensing requirements on export, re-export or transfer of goods, software, technology, or services, issued or adopted by any government, state or regulatory authority of the United States of America, Singapore, the United Kingdom, the European Union or any of its Member States, or any country in which obligations under these Terms are to be performed, or in which ESET or any of its Affiliates are incorporated or operate and

ii. any economic, financial, trade or other, sanction, restriction, embargo, import or export ban, prohibition on transfer of funds or assets or on performing services, or equivalent measure imposed by any government, state or regulatory authority of the United States of America, Singapore, the United Kingdom, the European Union or any of its Member States, or any country in which obligations under these Terms are to be performed, or in which ESET or any of its Affiliates are incorporated or operate (legal acts referred to in points i, and ii. above together as "Trade Control Laws").

(b) ESET shall have the right to suspend its obligations under, or terminate, these Terms with immediate effect in the event that:

i. ESET determines that, in its reasonable opinion, the User has breached or is likely to breach provision of section (a) of this Trade control compliance clause of these Terms; or

ii. the End User and/or the Software become subject to Trade Control Laws and, as a result, ESET determines that, in its reasonable opinion, the continued performance of its obligations under these Terms could result in ESET or its Affiliates being in violation of, or being subject to negative consequences under, Trade Control Laws.

(c) Nothing in these Terms is intended, and nothing should be interpreted or construed, to induce or require either party to act or refrain from acting (or to agree to act or refrain from acting) in any manner which is inconsistent with, penalized, or prohibited under any applicable Trade Control Laws.

Governing Law and Language

These Terms shall be governed by and construed in accordance with Slovak law. The End User and the Provider agree that conflict provisions of the governing law and United Nations Convention on Contracts for the International Sale of Goods shall not apply. If You are a consumer with habitual residence in the EU, You are also afforded additional protection granted to You by mandatory provisions of law applicable in your country of residence.

You expressly agree that exclusive jurisdiction for any claim or dispute with the Provider or relating in any way to your use of the Software, Account or Services or arising from these Terms or Special Terms (if applicable) resides in District Court Bratislava I, Slovakia and You further agree and expressly consent to the exercise of the personal jurisdiction in the District Court Bratislava I in connection with any such dispute or claim. If You are a consumer and have a habitual residence in the EU, You may also bring a claim to enforce your consumer rights in the place of exclusive jurisdiction or in the EU country in which You live. Moreover, You may also use an online dispute resolution platform, which can be accessed here: https://ec.europa.eu/consumers/odr/. However, consider contacting us first before raising any claim officially.

General provisions

ESET reserves the right to revise these Terms and documentation or any portion thereof at any time by updating the relevant document to reflect changes to the law or changes to Account. You will be notified about any revision of these Terms by way of Account. If You disagree with the changes to these Terms, You may cancel your Account. Unless You cancel your Account after being notified about the changes, You are bound by any amendments or revisions of these Terms. You are encouraged to periodically visit this page to review the current Terms that apply to your use of Account.

Notices

All notices must be delivered to: ESET, spol. s r. o., Einsteinova 24, 85101 Bratislava, Slovak Republic.

Annex no. 1

ESET Inspect Connector EULA

Annex no. 2

Data Processing Agreement

Annex no. 3

Standard Contractual Clauses