General terms and conditions

Terms of Use and End User License Agreement (EULA) for SNC/AssetSec

Please read the following TERMS OF USE and END USER LICENSE AGREEMENT carefully BEFORE installing and using our application „SNC/AssetSec“ (hereinafter "software product" and other services, including our online services). By using our software product, including registration for our services, you declare that you have read and understood the terms below and will observe them while using our software product. IF YOU DO NOT ACCEPT THE TERMS BELOW, YOU ARE NOT PERMITTED TO USE OUR SOFTWARE PRODUCT. IF YOU NO LONGER AGREE WITH THE TERMS BELOW AFTER HAVING COMPLETED THE REGISTRATION, YOU ARE OBLIGED TO CEASE TO USE THE PRODUCT AND INFORM US THEREOF.

1. Scope of application

These Terms of Use and End User License Agreement shall apply exclusively between SIEVERS-SNC GmbH & Co. KG, Hans-Wunderlich-Straße 8, 49078 Osnabrück (hereinafter "SIEVERS-SNC" or "us" or "we") and the customer (hereinafter "customer" or "user" or "you") using the software product.

2. Subject matter

Our software product serves as a managed service to identify vulnerabilities in IT infrastructures. It enables the users to scan selected IP addresses and IP address ranges for known threats and vulnerabilities.

Depending on the selected service package, our software product enables you, in particular, to

  • scan public IP addresses
  • validate the IP addresses via self-service
  • manage scan targets
  • create tasks / schedules / credentials / hosts
  • perform continuous scans
  • conduct evaluations and identify tendencies
  • receive email and PDF reports for evaluations
  • access all currently known vulnerability scans (constantly growing)

3. Data collection and processing while using our software product / Consent

PLEASE NOTE THAT WHILEUSING OUR SOFTWARE PRODUCT, DATA CONCERNINGTHE USERS AND THE IT SYSTEMS TO BE SCANNED, INCLUDING THE TECHNICAL POINTS OF CONTACT FOR THESEIT SYSTEMS, ARE COLLECTED AND PROCESSED.

BY REGISTERING, YOU EXPRESSLY ACKNOWLEDGE THAT WE ARE AUTHORISED WITHIN THE SCOPE OF THE CONTRACTUAL RELATIONSHIP TO COLLECT, PROCESS AND USE THESE DATA FOR THE PURPOSE OF PROVIDING OUR SERVICES AND THE FEATURES OF OUR SOFTWARE PRODUCT.

IF YOU DO NOT AGREE WITH THAT, THE FEATURES OF OUR SOFTWARE PRODUCT CANNOT BE MADE AVAILABLE TO YOU.

FURTHERMORE, YOU AGREE TO THE COLLECTION, PROCESSING AND USE OF TECHNICAL DATA AND INFORMATION, SUCH AS TECHNICAL DATA CONCERNING THE EMPLOYED TERMINAL DEVICE, OPERATING SYSTEM, ETC., FOR THE PURPOSE OF PROVIDING SUPPORT SERVICES IN CONNECTION WITH THE USE OF OUR SOFTWARE PRODUCT. WE ARE AUTHORISED TO STORE THESE DATA IN ANONYMISED FORM AND USE THEM FOR THE PURPOSE OF IMPROVING OUR PRODUCTS.

FINALLY, YOU AGREE TO THE SCAN RESULTS BEING STORED IN UNENCRYPTED FORM TO ENABLE EVALUATION OF THE REPORTS NECESSARY TO REACT TO ANY DETECTED VULNERABILITIES AT SHORT NOTICE.

4. Technical requirements / Terminal devices

Our software product can only be used with one IT terminal device, e.g. desktop PC, and one browser. We recommend that you use the latest operating system and browser version. In addition, you are responsible for verifying and ensuring that the terminal device intended to be used with our software product meets the technical requirements, including sufficient processor speed and memory.

The use of our software product and the scanning of remote IT systems for vulnerabilities require an Internet connection, which has to be provided by you. You will have to bear any associated costs as well as the costs of data transmission.

We endeavour to adapt our software product to new operating system versions and terminal device variants and make it available on them. Please note that the updates may involve changes to our software product, including changes to the available features.

5. Registration

You have the opportunity to register for the use of our software product and the related services.

We are entitled to reject a registration if you are not yet of legal age at the time of registration, have already registered for our services or have been excluded from using our services in the past due to infringements of these Terms of Use. In this case, any data already transmitted will be deleted without delay.

Upon registration, a user account will be created for you. The user account is necessary for providing the features of our software product.

After registration, we will use the login data you have indicated for authentication when you log in to your user account. You are obliged to keep your login data confidential from third parties. If you are concerned that third parties may have obtained knowledge of your login data and/or your user account is being used by unauthorised third parties, you are obliged to notify us without delay. In this case, we will block your user account and send you new login data to reactivate it. We are entitled to contact you to verify your login data.

6. Remuneration

The amount of the user fee depends on the selected service package. For further details, please see the list of services and fees on the website https://assetsec.io. Upon request, we will send you the list of services and fees by post.

You can change the scope of services at any time during the term of the contract by selecting other service packages. In this case, the user fee will be adjusted. You agree that billing will be made exclusively via the user account. Invoices are payable immediately after having been made available in the user account.

7. Rights of use (license) / Restrictions

You are granted the personal, non-exclusive and non-transferable right to use our software product without any limitation in respect of time. This right is granted subject to compliance with these provisions.

You are not entitled to rent, lease, lend, sell or distribute in any way or otherwise transfer our software product or part thereof and/or the rights of use granted to you without our prior consent.

Furthermore, you are not entitled to remove or circumvent any existing protective mechanisms of our software product designed to prevent unauthorised use, unless this is necessary to ensure trouble-free operation. Copyright notices, serial numbers and any other features serving to identify our software product must not be removed or altered either. The same applies to suppressing the display of corresponding features on the screen.

You are not permitted to change the existing configuration settings of our software product. This shall also apply to decompiling, reverse-engineering, disassembling or translating the software product, in whole or in part.

If we supplement or replace our software product, these provisions shall apply to the same extent to the use of the successor product.

8. Property rights

SIEVERS-SNC is entitled to all intellectual property rights, including copyrights and industrial property rights, to our software product and any accompanying materials in relation to the user. We retain all rights which have not been expressly transferred to the user under these provisions.

In relation to SIEVERS-SNC, the user retains all property rights to their data stored in our software product.

9. Liability for material and legal defects

Technical data, specifications and performance specifications in public statements, in particular in advertising media, shall not constitute warranted characteristics. The description provided in the software product and/or on our website as well as in any potential additional agreements shall be authoritative for the functions of our software product.

We warrant that our software is free of viruses, trojans, spyware or other malware at the time it is made available.

Reference is made to Sec. 377 HGB [German Commercial Code].

If our software product turns out to be defective, we will remedy the defect by delivering a defect-free software product. Delivery will be made by making available our software product on our server for access by the user.

Any claims for remediation of defects shall be excluded if the defect is attributable to changes in the default configuration of the software product and/or operation of the software product on terminal devices that are not compatible with our software product.

If the user is an entrepreneur, all claims for remediation of defects shall expire within twelve months, unless the defect has been fraudulently concealed. If the user is a consumer, the limitation period for claims based on defects shall be governed by the statutory provisions.

10. Other liability

We are liable for wilful intent and gross negligence. In the event of slight negligence, we are only liable for breach of an essential contractual obligation (material obligation), the discharge of which is an essential prerequisite for the proper performance of the contract and the discharge of which the user may rely upon as a matter of course, as well as for damage arising from injury to life, limb or health.

Our liability in the event of slight negligence shall be limited in terms of amount to the foreseeable damage the occurrence of which must be typically expected.

We are not liable for loss of data and/or programmes to the extent that the loss is attributable to the user's failure to create data backups to a reasonable extent, thereby ensuring that any lost data can be recovered with reasonable effort.

According to the present state of the art, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. To that extent, we are not liable for the permanent and uninterrupted availability of our software product and the related services.

Our liability shall be excluded for any damage or loss, such as administrative and punitive fines, cost of litigation, cost of legal defence and experts' fees, incurred by the customer as a result of scanning IP addresses and/or IP address ranges without being authorised to do so. This shall also apply if the IT systems of the IP addresses and/or IP address ranges to be scanned forward the scan request to foreign IP addresses and/or IP address ranges without the customer being aware thereof. The customer shall indemnify us from and against all claims asserted against us by third parties because the customer has used our software product to scan the IP addresses and/or IP address ranges without the consent of these third parties.

11. Term / Termination

These Terms of Use and End User License Agreement shall be valid for an indefinite period. Should the user or we terminate this agreement, the user is obliged to cease to use our software product at the end of the contract.

We are entitled to amend these Terms of Use and End User License Agreement, in whole or in part, with effect for the future to adapt these provisions to changes in the legal framework.

12. Confirmation regarding the non-existence of export restrictions

Our software product may contain technologies and software that are subject to German export control regulations and/or export control regulations of the countries in which our software product is used. The user represents and warrants that they observe the export control regulations applicable to their country. Furthermore, the user confirms and warrants that they are not resident in a country which is subject to a U.S. Government embargo or which has been classified by the U.S. Government as a country "supporting terrorism" or which is listed in any U.S. Government list of countries subject to export bans or restrictions.

13. Data Protection

Please read our Privacy Policy to find out how we handle your data within our software product.

14. Contact

If you have any questions or complaints or wish to assert any claims in connection with our software product, please contact: SIEVERS-SNC GmbH & Co. KG, Hans-Wunderlich-Straße 8, 49078 Osnabrück.

15. Applicable law, place of jurisdiction, miscellaneous

These Terms of Use and End User License Agreement are subject to German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. Mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

If you had your domicile or habitual residence in Germany at the time of download and installation and either relocated it at the time the action is filed or your residence is unknown at that point in time, the place of jurisdiction for all disputes shall be our company's place of business in Osnabrück.

If you do not have your domicile or habitual residence in a member state of the European Union, the courts at our place of business shall have exclusive jurisdiction to settle any disputes.

Any modifications and amendments to this contract must be made in writing. Side agreements have not been made.

You agree that the communication between you and us via your user account and our software product may take place by means of messages and/or emails.

Should individual provisions of this contract be found invalid or unenforceable, in whole or in part, the validity of the remaining contractual provisions shall not be affected. The same applies in the event that the contract turns out to contain any gaps or omissions.

Any further questions?

Contact us by e-mail or messenger. We will be happy to answer any questions you may have. You can test AssetSec free of charge for 7 days. We are happy to answer your questions. We look forward to hearing from you!