EULA

End User License Agreement

End User License Agreement for the Use of Services in Connection with the Zerodetection SaaS Platform (EULA)

You have purchased access to services related to the Zerodetection Platform as an End User from Zerodetection or any of its affiliates. Use of these services is governed by this End User License Agreement ("EULA"), which is entered into between you, the End User, and Zerodetection ("Business-to-Business").

You may not use the Zerodetection Platform without agreeing to this EULA. In your contractual agreement with Zerodetection, reference has already been made to the inclusion and validity of this EULA as the legal basis for the contractual services in connection with the Zerodetection Platform.

Zerodetection licenses and offers assistance for the Platform access, designed for ethical exploration and authorized penetration testing endeavors. The Platform includes access to the Payload Generator tool facilitates the generation of payloads and does not condone or endorse any unlawful practices. With its intricate technical nature, the Payload Generator is tailored for proficient professionals in the field. Users are entrusted with ensuring the suitability of the software for their specific purposes. Zerodetection refrains from providing support for additional tools or exploit software that may be utilized alongside the Payload Generator. Our responsibility solely revolves around the Payload Generator and its accompanying modules, provided as part of the purchase, and in compliance with the stipulations of the license agreement. All users explicitly acknowledge Zerodetection's disclaimer of liability for any damages resulting from the utilization of the Payload Generator or its associated modules. Zerodetection retains the prerogative to revoke the license in cases where unlawful activities are detected. It is imperative to thoroughly review, comprehend, and consent to these terms prior to acquiring or downloading the Payload Generator.

Acceptance

By using this service, you acknowledge and agree to abide by the terms outlined in this agreement. If you are accessing this service on behalf of a company or another legal entity, you affirm that you possess the authority to legally bind such an entity to this agreement. Prior to using the service, you are required to consent to all terms delineated in this agreement.

Utilizing the platform and generated content is at your own risk and should always be tested first under laboratory conditions. It is not excluded that depending on the target system and configuration, problems or failures may occur, inherent to the nature of the product.

Should you disagree with any of the terms set forth in this agreement, you must refrain from using the service.

Please read the following provisions of this EULA carefully:

1. Subject Matter of the Contract
1.1. The subject matter of this EULA is
the provision of the paid functions of the Zerodetection Platform agreed upon with Zerodetection in accordance with the Software-as-a-Service Agreement for the use of the Zerodetection Platform ("SaaS-Contract") for the End User's own access and for use for his own business processes via the Internet in the form of Software-as-a-Service, as well as the granting of the usage rights by Zerodetection required for this purpose, as well as
the granting of storage space necessary for using the Zerodetection Platform on a server operated by Zerodetection itself or by a subcontractor of Zerodetection

in accordance with the following provisions (collectively referred to as the "Contractual Services").

1.2. The owed quality of the contractual services results conclusively from the SaaS-Contract, from this EULA, and the user documentation for the Zerodetection Platform.

1.3. The terms of this EULA will also apply to changes made by Zerodetection to the Zerodetection Platform, such as patches, updates, upgrades, or other necessary changes (collectively referred to as the "Updates"), which Zerodetection may perform at any time, even without the End User's consent, provided that the basic functionality of the Zerodetection Platform as agreed upon in the SaaS-Contract is maintained.

1.4. The contractual services shall be provided exclusively on the basis of this EULA and the agreements according to the SaaS-Contract. The terms and conditions of the End User shall not apply, even if Zerodetection does not separately object to their validity. Deviating or contradictory terms and conditions of the End User shall be valid only if they have been accepted in writing by Zerodetection.

2. Granting of Rights of Use
2.1. Subject to the full payment of the due remuneration that has been agreed with Zerodetection, Zerodetection grants to the End User the non-exclusive, non-transferable, and non-sublicensable right, limited to the term of this EULA to access the Zerodetection Platform via the Internet, in accordance with the following provisions, and to use the functions of the Zerodetection Platform, as well as the associated user documentation, in the form of Software-as-a-Service for its own data in its business operations. Any updates will be covered by the aforementioned grant of rights. The End User is not granted any rights to the Zerodetection Platform itself (in particular, to its source codes) or to the infrastructure services that are provided at the respective data center.

2.2. The aforementioned granting of rights shall be made against payment in accordance with the agreements between the End User and Zerodetection in the SaaS-Contract.

3. Access to the Zerodetection Platform, Authorized Users
3.1. The platform may be accessed by means of a common browser in accordance with the technical requirements that have been agreed upon with Zerodetection. For this purpose, the End User shall be provided with corresponding access data or shall be given the opportunity to set up access data himself (collectively referred to as "access data").

3.2. The Zerodetection Platform may only be used by the management and employees of either the End User or an affiliated company (§ 15 German Stock Corporation Act "AktG") of the End User in the number agreed in the SaaS Contract ("Authorized Users"). The End User will set up access data exclusively for the use of the Zerodetection Platform by Authorized Users and disclose it only to such Authorized Users. Authorized Users shall be entitled to the rights of use granted under this EULA but will not be entitled to make any claims against Zerodetection themselves. Only the End User shall be entitled to do so.

3.3. Any use of the access data and the contractual services provided to the End User, including use in breach of contract and otherwise unauthorized use, is deemed to be used on behalf of the End User in the relationship with Zerodetection unless the End User is not

4. Usage Restrictions
4.1. The End User may access and use the Zerodetection Platform only after agreeing to the terms of this EULA.

4.2. The End User is not permitted to use the contractual services beyond the scope of Clause 2. Subject to the mandatory rights to which the End User is entitled by law, the End User is not, in particular, authorized to

reproduce, distribute, or make publicly available the Zerodetection Platform, the underlying software or parts thereof, and the associated user documentation, except to the extent necessary for the use of the Zerodetection Platform as agreed, whereby the necessary reproduction includes

the displaying and running, as well as the loading of the underlying software or parts thereof into the main memory of the IT infrastructure used by the End User in accordance with Clause 5.1, but not any installation or storage, even temporary, on local data storage media,

the use of the Zerodetection Platform for testing and in-house presentation purposes;

edit, modify, reverse engineer, decompile, disassemble, or otherwise determine the source code underlying the Zerodetection Platform or software parts thereof, or to create derivative works without prejudice to the mandatory statutory provisions of Sections 69d and 69e of the German Copyright Act (UrhG);

remove, obscure, or alter the copyright notices and similar information;

grant unauthorized third parties access to the Zerodetection Platform or its functions, or to tolerate such access; in particular, the End User is not permitted to license, sell, temporarily transfer, rent, or lend the underlying software or parts thereof for commercial purposes;

to use the Zerodetection Platform in a manner that offends common decency, in particular, refers to pornography, content that is harmful to minors or glorifies violence, propaganda material of anti-constitutional organizations and parties, weapons, drugs, or other products that pose a risk to consumer safety;

access the Zerodetection Platform and related systems through means other than the use of access data;

use the Zerodetection Platform to post, send or otherwise make available to third parties spam or other content that violates the applicable law or the intellectual property rights or copyrights of third parties;

use the Zerodetection Platform or any of its features, in whole or in part, for any unlawful activity or to promote or condone any such activity; or

undertake, promote, or tolerate any action which disrupts or damages the Zerodetection Platform or which temporarily or permanently impairs or prevents the use of the Zerodetection Platform or by other users.

4.3. Zerodetection is entitled to take suitable technical measures to protect any use of the contractual services by the End User that is not covered by this EULA. These measures may not impair the contractual services more than insignificantly.
 
4.4. Zerodetection may temporarily interrupt the End User's access to the Zerodetection Platform or temporarily block access data or terminate this EULA extraordinarily if the End User significantly exceeds the use permitted to him or violates the agreements to protect against unauthorized use of the contractual services. Zerodetection must first set a reasonable period of grace for the End User to remedy the situation and take due consideration of the legitimate interests of the End User. Zerodetection may continue the suspension or blocking of access or of the access data without extraordinary termination of this EULA for a reasonable period of time only, which shall not exceed two (2) months. The End User shall be entitled to have access restored as soon as he has proved that he has ceased the use in breach of the agreement and that he has taken measures to prevent any future such use in breach of the agreement. Zerodetection's claim to remuneration for the use of the contractual services in excess of the agreed use, as well as any rights of Zerodetection to refuse performance, remain unaffected.

5. Cooperation Obligations of the End User
5.1. The End User shall be under obligation

to meet the minimum requirements for accessing and using the Zerodetection Platform at his own expense and, to this end, to maintain, in particular, a sufficiently dimensioned internet connection, as well as hardware and software ("IT infrastructure") that is compatible with the Zerodetection Platform and which is necessary for the use of the contractual services, and to independently carry out suitable integration tests;

to provide Zerodetection with a professionally competent contact person for the operational work in connection with the provisioning of contractual services,
to provide Zerodetection with the necessary data, documents, and other information that may be required for the provisioning of the contractual services, whereby the End User shall remain responsible for the accuracy, quality, integrity, legality, reliability, and correctness of the information provided by him;

to use the Zerodetection Platform for its own data only;

to check the data and content for viruses and other malware to a reasonable extent before posting or sending them and to use state-of-the-art protection programs for this purpose;
to make backups of his data that are used in connection with the use of the Zerodetection Platform at suitable intervals and to keep these backups readily available;

to protect access data adequately against access by unauthorized third parties and to bind Authorized Users in advance to treat the access data confidentially and to comply with the usage restrictions pursuant to Clause 4;

to ensure as far as possible by means of technical measures, training, instructions, and controls that Authorized Users and third parties do not use the contractual services in contravention of the agreement and the law;

to observe the applicable law and, in particular, the applicable data protection regulations when using the contractual services; and
to inform Zerodetection immediately in text or written form about any unauthorized access to the Access Data or to the Zerodetection Platform and, where relevant, to change the affected Access Data or have it changed; this will also be applicable, furthermore, if the End User becomes aware of a breach of this EULA by Authorized Users or by third parties.

5.2. Zerodetection shall not be liable if the End User breaches any of the aforementioned obligations to cooperate and this results in any detriment to or failure of the service provisioning by Zerodetection or damage to the End User's data, documents or records, or if the End User suffers any other damage as a result. Furthermore, Zerodetection will be released from its obligation to perform to the extent that and for as long as the performance of the service is impaired by the End User´s violation.

6. Availability and Performance Deficiencies
6.1. The average availability of the contractual services that are provided is derived from the SaaS-Contract and its appendices.

6.2. Subject to the provisions of Clause 7.1,

in the event of a merely insignificant reduction in the suitability of the contractual services for the use as agreed with Zerodetection, the End User shall have no warranty claims against Zerodetection;

the strict and no-fault liability of Zerodetection arising from § 536a Sec. 1, 1. Alt. German Civil Code (Bürgerliches Gesetzbuch, "BGB") due to defects in the contractual services which existed already at the time of concluding this EULA, is excluded.

In all other respects, the warranty for defects shall be provided in accordance with the SaaS-Contract and its appendices.

7. Liability
7.1. Zerodetection has unlimited liability

in the event of intent and gross negligence,

in the event of injury to life, limb, or health,

in the event of fraudulently concealed defects in the contractual services,

insofar as Zerodetection has assumed a guarantee, as well as

in accordance with the provisions of the Product Liability Act and other liabilities mandated by statutes.

7.2. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract and on the fulfillment of which the End User may rely (cardinal obligation), Zerodetection's liability shall be limited to the extent to the damage that is foreseeable according to the nature of the transaction in question and which is typical for the contract and the industry sector.

7.3. Zerodetection shall be liable for the loss of data and its recovery in accordance with Sections 7.1 and 7.2 only in as far as a such loss could not have been avoided by appropriate data backup measures on the part of the End User. This liability shall be limited in the extent to the expenditure which would have been incurred by the End User for the recovery of the data if it had been backed up properly and regularly and in a manner commensurate with its significance. This shall not apply if the data backup was prevented or impossible for reasons for which Zerodetection is responsible.
 
7.4. Claims for damages in accordance with the above provisions shall include claims for reimbursement of expenses.
 
7.5. Any further liability of Zerodetection beyond this does not exist.
 
7.6. The above limitations of liability shall apply mutatis mutandis to the personal liability of Zerodetection's officers, employees, representatives, agents, licensors, and affiliated companies.

8. End User Data; Data Protection
8.1. The storage of data of the End User is a prerequisite and constitutes the subject of the use of the Zerodetection Platform. The End User, therefore, grants to Zerodetection the non-exclusive right, limited in time in accordance with Sec. 2 of this clause, to use the data that is provided by the End User via the Zerodetection Platform (including the right to process and reproduce it), but limited to the purpose of enabling Zerodetection to provide the contractual services, to analyze and optimize them and to develop new services.

8.2. In the event that personal data is processed under this EULA subject to the (EU) Regulation 2016/679 (General Data Protection Regulation, GDPR), this shall be done on behalf of the End User by Zerodetection in accordance with the order processing agreement concluded between the End User and Zerodetection (annex to the SaaS-Contract).

9. Force Majeure
In cases of force majeure, the affected party shall be released from their performance obligations under this EULA for the duration of the event and to the extent that it affects the party. Force majeure refers to any event beyond the area of influence of the respective party, due to which the party is prevented from fulfilling its obligations in whole or in part, and includes fire damage, lightning strikes, floods, strikes, and lawful lock-outs, as well as operational disruptions or official orders for which the party is not responsible. The affected party shall immediately notify the other party of the occurrence and cessation of the force majeure and shall make every effort to remedy the force majeure and limit its effects as far as possible. The right of each party to terminate this EULA for a good cause in the event of prolonged force majeure lasting more than six (6) weeks shall remain unaffected.

10. Contractual Term
10.1. This EULA comes into effect on the date on which the End User first uses the Zerodetection Platform or any related contractual service as agreed in the SaaS-Contract.

10.2. This EULA shall end at the end of the term provided in the SaaS-Contract for the provisioning of the contractual services unless it has been terminated earlier for a cause. Every notice of termination must be issued in writing.

10.3. Upon termination of this EULA, the use of the contractual services by the End User shall cease immediately and completely.

11. Final Provisions
11.1. Notes in this EULA on the validity of statutory provisions are meant solely for the purpose of clarification. The statutory provisions shall therefore apply even without such clarification, provided these provisions are not actually amended or expressly excluded in this EULA.

11.2. Zerodetection reserves the right to change this EULA at any time, provided that this is necessary for important reasons, in particular, due to a changed legal situation or on account of rulings of the Supreme Court, technical changes, or further developments, new organizational requirements of mass traffic, regulatory gaps, a change in market conditions or other equivalent reasons, and provided that this does not subject the End User to an unreasonable disadvantage. Changes to this EULA will be communicated to the End User in writing or in text form. The changes shall become effective if the End User does not object to the notice of change in writing or in text form within a period of six (6) weeks beginning with its receipt, and the End User was informed of this legal consequence in the notice of the change.

11.3. The End User may only offset those claims against Zerodetection arising from this EULA that are undisputed, legally established, or ready for decision and may exercise a right of retention only on the basis of such claims.

11.4. The parties are aware that the contractual services may be subject to export and import restrictions. In particular, the contractual services may be subject to licensing obligations, or the use of the software or related technologies abroad may be subject to restrictions. The End User shall comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union, and the United States of America, as well as with all other relevant regulations. The fulfillment of the contract by Zerodetection is subject to the proviso that there are no obstacles to fulfillment due to national and international regulations of export and import law or due to any other statutory regulations.

11.5. This EULA shall be governed by German law under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods dated 11.4.1980 (UN Sales Convention).

11.6. The place of performance is the registered office of Zerodetection. The exclusive court of jurisdiction is Berlin, Germany, provided that each party to this EULA is a merchant or a legal entity under public law or has no other general place of jurisdiction within Germany.

I agree with the terms and conditions