Terms & Conditions

Terms and Conditions

Last updated: May, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named Binalyze Air

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Account means a unique account created for You to access our Service or parts of our Service.

• Country refers to: Estonia

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Binalyze OÜ,Hobujaama 4, 10151, Tallinn - Estonia

• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

• Provider refers to an individual or entity that provides services to Binalyze OÜ.

• Service refers to the Application.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Personally Identifiable Information (PII) means any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.

• PII in Cloud Environment (or PII in Cloud) means any representation of personally identifiable information that resides in the storage areas of any cloud computing provider.

• Order means a purchase order, enterprise license agreement, or other ordering document issued by You to Binalyze or a Binalyze authorized reseller that references and incorporates Binalyze’s End User License Agreement and is accepted by Binalyze.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service, Cloud Technology Service Provider or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us from the moment of creation of such Content a world-wide right and royalty free license which is valid within the maximum permitted term resulting from the applicable legislation to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Service is for trial use only. The Company runs its Software as a Service (SaaS) infrastructure on Amazon Web Services for the Application and they are for demonstration purposes only. Since the sole purpose of the Application is the demonstration of the Company's service, You and other users are responsible for not uploading / sharing sensitive data onto/with the Application. The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.

• Content that violates any international or state regulations, rules, laws, or local ordinances.

• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

• Impersonating any person or entity including the Company and its employees or representatives.

• Violating the privacy of any third person.

• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Malware Protection

The Company Products are free of any disabling codes or instructions, timer, copy protection device, clock, counter or other limiting design or routing and any “back door,” “time bomb,” “Trojan horse,” “worm,” “drop dead device,” “virus,” “harmful code,” or other software routines or hardware components that in each case permit unauthorized access or the unauthorized disablement or unauthorized erasure of any Company Product or any product or system incorporating a Company Product (or parts thereof) or any associated data or other software, or otherwise cause them to be incapable of being used in the full manner contemplated in the applicable documentation.

Support Process

Maintenance is limited to versions of the Software that are supported by Company and to problems that are reproducible in that version of the Application, running unaltered on the designated computers. The Company shall provide technical support for the current version of the Application. Additionally, the Company will support the previous sequential release of the Application for a period of twelve (12) months following the release of a subsequent version. Corrections to certain problems may only be available through a future version of the Application or through a documentation update. Maintenance services will not be provided if the: - Application is not used in accordance with the software license agreement under which the Application was supplied to You; - Application has been altered or modified by You, Your Customer or a third party; - You make significant changes to the hardware and/or software in their operating environments that are not supported by the Application. APPLICATION UPDATE SERVICE There will be no additional charge for providing new/current releases to customers with a current contact. Customers under contract shall receive all generally released enhancements to the Software and all documentation updates as well as new versions of the Application ("Updates") as they are made commercially available. This does not include significant changes in functionality and new releases of the purchased Application. It will be Your responsibility to provide Your clients/customers with the software updates.

Encryption

Data protection refers to protecting data while in-transit and at rest (while it is stored on disks/cloud storage areas). You can protect data in transit by using SSL/TLS or by using client-side encryption.

Vulnerability Scanning

The Company’s servers, applications, cloud resources, IP address and all digital assets are scanned on a daily basis by vulnerability scanning tools such as Nessus, Netsparker and Owasp Zap.

Incident Management

In the event that the Company or You become aware that the security of the Company services/application is adversely impacted, and this event subsequently leads to Your data in Company's control being subject to use or disclosure not authorized, the knowledgeable party will promptly (but in any case not later than seventy-two (72) hours after becoming aware of such security incident): (a) assess the nature and scope of the security incident; (b) identify Your data involved, if any; (c) take appropriate steps to contain, control and stop the security incident; and (d) collaborate with the other party in providing relevant information that can be used to address and mitigate the impact of the security incident, subject to any request by law enforcement or other government agency to withhold such notice pending the completion of an investigation.

In case of any information security incident, the Company is to notify the affected customers at the earliest convenience. Also in the similar information incidents where the customer is the first body that discovers the incident, he/she can notify the Company through the following email address: privacy@binalyze.com

Technical Compatibility

The Company will not ensure that any website or application will function correctly on the server to which it is initially installed. The Company can offer no guarantee of correct function with all browser software including future releases.

Security Tests

The Company shall: (a) conduct relevant security tests from time to time. Security Tests shall be designed and implemented by the Company so as to minimize the impact on the delivery of the services and the date, timing, content and conduct of such security tests shall be agreed in advance with You. Subject to compliance by the Company with the foregoing requirements, if any security tests adversely affect the Company’s ability to deliver the services so as to meet the service levels, the Company shall be granted relief against any resultant under-performance for the period of the security tests. The Company shall provide You with the results of such tests (in a form approved by the Company in advance) as soon as practicable after completion of each security test. Where any security test carried out reveals any actual or potential breach of security or weaknesses (including unpatched vulnerabilities, poor configuration and/or incorrect system management), the Company shall promptly notify You.

Right to Audit

Upon no less than 30 days written notice, the Company and its representatives may audit Your use of the Product to verify Your compliance with this agreement. You shall cooperate with the Company’s audit and provide reasonable assistance and access to information and its facilities. Audits will be conducted during normal business hours and in such a manner as to not unreasonably interfere with or disrupt Your normal business operations. Notwithstanding the foregoing three sentences, the Company and its service providers shall have the right, at any time, on one or more occasions and with no prior notice, to audit any use of the cloud services to verify Your compliance with this agreement. If any audit reveals any noncompliance with the terms of this agreement, You shall promptly correct any noncompliance.

Monitoring

Amazon CloudWatch is a monitoring service for AWS cloud resources and the applications you run on AWS. The Company and You can use monitoring services of cloud service providers and the applications you run on the cloud environments (e.g. AWS CloudWatch) to collect and track metrics, collect and monitor log files, set alarms, and automatically react to changes in your cloud resources. The Company and You can use aforementioned monitoring services to gain system-wide visibility into resource utilization, application performance, and operational health. You can use these insights to react and keep your application running smoothly.

User Access Management

The Company shall ensure authorized user access only and prevent unauthorized access to systems and services. Minimum requirements:

•  A formal user registration and de-registration process shall be implemented to enable assignment of access rights.

• A formal user access provisioning process shall be implemented to assign or revoke access rights for all user types to all systems and services.

• The allocation and use of privileged access rights shall be restricted and controlled.

• Asset owners shall review users' access rights at regular intervals.

• The access rights of all employees and external party users to information and information processing facilities shall be removed upon termination of their employment, contract or agreement, or adjusted upon change, with respect to the Company’s data retention policies.

Content Backups

All development records, codebases, source codes, configuration files and PII that belong to customers are covered by the Company backup process. Since all related data and information reside in the cloud environment, the environment’s native backup services are employed for backup purposes. Backup activities are conducted in a daily fashion.

Backup data is stored in secondary infrequently accessed storage environments of the selected cloud environments in encrypted form for their entire life-cycle. Storage periods are designated in accordance with the region/jurisdiction area of where the data is stored. After each backup process is completed, hash codes of the backup data are calculated for ensuring the integrity of the data. Backup data may be restored upon customer’s request (applying only to customer-owned data) or other business-related reasons. With six-month intervals, data backup procedures are tested and a hash code of random sample backup data is compared with the original data for test purposes. The backup procedures and the content of the backup data is limited to the data at hand. The customers are the sole responsible body for the data collected/stored by the Application.

The characteristics of the Company’s backup management system are as follows:

• Backup actions are performed in a daily fashion.

• Native backup services of the cloud providers are facilitated for backup activities. The native encryption methods of the cloud providers are used for the encryption of backup data.

• The retention periods of the backup data are designated with respect to the relevant laws/legislations/regulations of the country in which the backup data is stored.

• After each backup process is completed, hash codes of the backup data are calculated for ensuring the integrity of the data.

• Upon the request of the customer or in order to mitigate a potential data loss, data is restored from the backup according to native data restoration procedures of the cloud providers.

• Every month, a random data goes under the Company’s selected backup procedure. Data is restored from the backup the following month to test the Company’s backup procedures.

• Backup data is stored only in designated cloud environments. No hardware backup mechanism (tape, disks etc.) is used for data backups.

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Return, Transfer and Disposal of Data

The Company employs the appointed cloud service providers’ industry-proven, relevant services to return, transfer and dispose of the data. The Cloud service customer can at any time confirm that such operations take place in accordance with the applicable laws/regulations. During the disposal of data, the data is one-way encrypted before its destruction.

Data Retention

Regarding the retention period after the termination of a contract during which data will be retained before disposal, in order to protect customer PII against an accidental lapse of contract, different approaches are followed by the Company for production data and customer/marketing data. The production data is immediately deleted in a secure fashion after the contract ends. 

Marketing data is collected only if the customer’s prior clear consent is present. The destruction of the marketing data is conducted upon the revocation/withdrawal of this consent.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at reports@binalyze.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Security Considerations

Customer instances and assets residing in the Company's cloud environment are managed in dedicated (separate) instances (virtual machines). For the security of the customer instances and assets in the cloud, the Company follows the industry standard “shared-responsibility model”, in which security-related tasks are delegated to both parties.

For clock synchronization, the Company-managed cloud resources depend on the cloud service provider’s time management and synchronization services. (i.e. Network Time Protocol)

The Company regularly conducts penetration tests and vulnerability scanning/assessments both in-house and by employing third-party service providers. These activities are governed by and conducted with respect to ISO 27001 standards, which the Company holds.

As the cloud services the Company employs have dedicated mechanisms for the purpose, the Company conforms to the geographical jurisdictions regarding where the data (Company data, customer data, PII) is stored/processed.

Regarding information security events and incidents, the Company may get in contact with You regarding the effects and mitigation of the events and incidents. Upon the request of You, the Company also can get in contact with You regarding the effects and mitigation of the events and incidents.

In order to prevent data/information breaches and disclosure of sensitive/confidential information (e.g. PII), the Company follows the following practices/measures:

• Employing TLS encryption standard.

• Secure Software Development Lifecycle

• Third-party Penetration Tests

• Content Security Policies

• Web Application Firewalls and L3/L2 Firewalls

• DDOS Protection Mechanisms

• Multi-factor Authentication

• IP Whitelisting/Blacklisting

• Conforming to ISO/IEC 27001 standard.

• Real-time Security Insights

• End-to-end Encryption

• Customer-Managed Keys

The Company makes the commitment that PII and other data will not be processed for any purpose independent of the instructions of the Cloud service customer or controller. The Company also makes the commitment that PII will not be processed for marketing or advertising purposes without the customer’s expressed consent.

The Company clearly states that Amazon Web Services, Microsoft Azure and Hubspot are appointed for processing of PII held in the Cloud service. The mentioned sub-contractors are appointed for holding and processing of PII in accordance with the geographical jurisdictions, and not shared with third parties.

In case of any PII data breach, the Company obliges itself to notify affected parties as early as possible, and fulfill its obligations/responsibilities related to unwanted data breach/disclosure.

Mechanisms and/or procedures are in place for each party to request potential digital evidence from within the Cloud environment. Customers hold such rights to request digital evidence, and the Company assures them to provide digital evidence in such cases. (i.e. resource image on the cloud)

The Company makes the commitment that it will inform customers of any legally binding request for disclosure of PII by a law enforcement authority, except in cases where the disclosure of that information is otherwise prohibited; that where not prohibited by law, the Company will consult the relevant customer before making a disclosure of PII; and that the Company will accept any contractually agreed requests for PII disclosure that are authorized by the relevant customer, except where such disclosure is prohibited by law. 

Minimum technical and organizational measures exist to ensure that the contracted security arrangements are in place between Binalyze OÜ and the Cloud service customer, including methods for the customer to verify that agreed measures are in place. Amazon Web Services and Microsoft Azure provide contracts, independent audits, vulnerability scans/pentests, certifications; and our commitment for adherence is bound by contracts between the Company and the customers.

Event records that record user activities, exceptional cases, errors and information security events are produced, stored and reviewed regularly.

Events Logged:

Automated audit trails must be implemented for all system components to reconstruct the following events:

• All administrative actions utilizing user IDs with significant privileges above a general user (e.g. root, user IDs with Administrator group privilege, etc.).

• Access to audit logs files.

• Any user, client or administrator authentication attempts (both valid and invalid).

• Identification and authentication mechanism used.

• Initializations of audit log files.

• Creation or deletion of system-level objects (e.g. executable, libraries, configuration files, drivers, etc.).

Event Log Structure:

All system access event logs must contain at least the following information.

• User Identification.

• Type of event.

• Date and time of event.

• Result of the event (e.g. success or failure).

• Originating location of the event.

• The name of the affected data, system component or resource.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, which is valid within the maximum permitted term resulting from the applicable legislation, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Right of Withdrawal

If You created an Account and You are a consumer from the European Union, You have the right of withdrawal in accordance with the statutory provisions.

The right of withdrawal is governed by the provisions set out in the following notice of the right of withdrawal:

Notice of the right of withdrawal

You have the right to revoke this agreement within fourteen days without giving any reasons.

The revocation period is fourteen (14) days from the day that the means suitable for accessing or downloading the Service have been made available or accessible to You.

To exercise your right of withdrawal, You must inform us at Binalyze OÜ, Address: Hobujaama 4, 10151 Tallinn, Harjumaa, Eesti, email address: contact@binalyze.com, by making an unambiguous declaration of Your decision to withdraw the agreement. For this purpose, You may, but you are not obligated to, use the following model form:

Model form of withdrawal:

To Binalyze OÜ, Address: Hobujaama 4, 10151 Tallinn, Harjumaa, Eesti:

I hereby declare that I withdraw from the Service agreement I entered into on the use of the Application [insert the date you accessed the functions of the Application].

In case You choose to exercise Your above stated right to withdrawal, please note that You shall bear the costs of returning the goods that constituted the object of Your Order.

You expressly understand and acknowledge that the above stated right of withdrawal shall not apply where the delivery of the Service has begun with Your prior express consent before the expiry of the withdrawal period.

Termination 

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

You may use your rights described in the above section “Right of withdrawal” to terminate Your Account.

Liability

Notwithstanding any damages that You might incur, the entire liability of the Company, its Affiliates and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the extent permitted by laws, our liability is limited to only direct material damages in the maximum amount of the fees due for the three/six/twelve (3/6/12) months’ period preceding the event giving rise to the claim depending on the length of your use of our Service.  

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, non-material, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

We are not liable for any activities for which you use the Service or any other circumstances deriving from you, e.g., knowingly, or unknowingly using the Service as a regulated entity without identifying the compliance of the Service with your industry legal requirements or standards. We are not liable for any decisions made by you based on the information inserted or displayed on the Service. You acknowledge that any decisions made by you, your employees, managers, directors or affiliates in reliance on the Service or the said persons’ interpretations of the information is attributable to you or them respectively and that you have full responsibility in this regard. We are not liable for the Company’s use of any information obtained from the Service.

You shall indemnify, defend, and hold harmless us, our employees, management, and agents, at your expense, from and against all actions or claims brought against us including liability, loss, damages, cost and expense, including reasonable legal fees, resulting from or in connection with your breach of any terms and conditions under these Terms and Conditions. This remedy will be in addition to and not exclusive of other remedies provided by law.

There is a Shared Responsibility Model in place between the Company and Amazon Web Services, hence the Company undertakes the responsibility of showing due care / due diligence and other required measures to protect customer data under its responsibility.

If the Company violates its obligations, You have the right, in accordance with these Terms, to use the legal remedies specified in § 101 of the Estonian Law of Obligations Act, i.e. to demand the fulfillment of an obligation, withhold performance of an obligation which is due from You, demand compensation for damages, withdraw from this agreement or cancel this agreement, reduce the price or, in the case of a delay in the performance of a monetary obligation, demand payment of a penalty for late payment. 

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

It is acknowledged that some sectors such as, but not limited to, banking, financial sector, audit firms, law firms, insurance providers, medical institutions, healthcare providers and government institutions (regulated sectors) are subject to specific cybersecurity, data processing and other compliance related legal requirements. No warranty is therefore given that the Service or any part of it is appropriate or fit for the purposes or needs of any such regulated sector stakeholder nor that the Service is compliant with any specific regulated sector legal requirements. You will not rely upon our expertise or judgement as to the fitness or suitability of use for which the Customer may require the Services. You are responsible for determining your own legal compliance requirements and the suitability of our Services for your needs and obligations. You are responsible for complying with responsibilities under this agreement without jeopardy or danger either to yourself, your employees, directors, managers or any affiliates. 

Without limiting the foregoing, neither the Company nor any of the company's Providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Estonia.

Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If a resolution is not reached through negotiations, any dispute, controversy or claim arising out of or relating to these Terms or in connection thereto, or the interpretation, execution, breach, termination or invalidity thereof, shall be settled by Harju Country Court in Estonia as the court of first instance.

The following only applies to consumers having their domicile or place of ordinary residence in a member state of the European Union and does not affect the statutory regulations regarding alternative consumer dispute resolution that may exist in countries outside the European Union.

The European Commission provides a platform for out-of-court online dispute resolution, which can be accessed here: https://ec.europa.eu/consumers/odr, You will find a list of consumer dispute resolution bodies that can assist in the out-of-court settlement of disputes.

For the avoidance of doubt, the above stated option does not limit Your right to refer a claim to a court of competent jurisdiction.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Entire Agreement

These Terms along with the End User License Agreement (EULA), Product Guide and  Order, constitute the Entire Agreement between you and Binalyze. 

In the event of conflict or inconsistency among the Product Guide, the EULA, the Order and these Terms, the following order of precedence shall apply unless otherwise set forth in a license agreement: (a) the Product Guide, (b) the EULA, and (c) the Order and (d) the Terms of Service. 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

These Terms are applied when purchasing Services at https://www.binalyze.com/. The provider is Binalyze OÜ, a company duly registered and operating in the Republic of Estonia, legal entity registration code: 14434021, location Hobujaama 4, 10151, Tallinn - Estonia. 

If you have any questions about these Terms and Conditions, 

You can contact us:

• By email: contact@binalyze.com

• By phone: +44 20 3885 9240