Terms and Conditions

1. Nature of the Services

1.1 SpySecure provides cybersecurity services using its own resources and products and technologies supplied by third parties.

1.2 The Services are intended to reduce cybersecurity risks. SpySecure does not warrant that the Services will prevent or detect every cyber threat or security incident.

2. Definitions

2.1 Customer: an individual or legal entity that purchases Services for business purposes.

2.2 Agreement: the agreement between SpySecure and the Customer for the provision of Services, including these Terms.

2.3 Services: the cybersecurity services, software and related support supplied by SpySecure under the Agreement.

2.4 License: the non-exclusive, non-transferable and non-sublicensable right to access and use the software and Services provided by SpySecure during the term of the Agreement, without any transfer of ownership.

3. Applicability and amendments

3.1 These Terms apply to all offers, Agreements and Services of SpySecure, unless otherwise agreed in writing.

3.2 SpySecure may amend these Terms and shall notify the Customer in advance of any material amendment.

4. Formation of the Agreement

4.1 The Agreement becomes binding, and the contracted period commences, when the Customer accepts the offer or subscribes to the Services.

4.2 Acceptance may be given in writing, including electronically.

5. Fees and payment

5.1 All fees are exclusive of VAT.

5.2 Invoices are payable within 14 days of the invoice date. Subscription payments made by direct debit or credit card shall be collected in accordance with the agreed billing schedule.

5.3 In the event of late payment, SpySecure may charge statutory interest and collection costs.

5.4 SpySecure may adjust its fees annually to reflect increases in operating costs, market developments or supplier costs. Any increase shall not exceed 7% per year unless otherwise agreed in writing. An increase of less than 7%, or no increase, in any year does not affect this right in subsequent years.

5.5 Work outside the agreed scope of the Services shall be charged separately at the applicable rates communicated to the Customer.

5.6 The Customer shall pay for additional remedial work that SpySecure must perform as a result of non-compliance by the Customer, its employees or IT providers with the obligations set out in clause 6.3. SpySecure is entitled to perform and charge for such work without a separate instruction or approval from the Customer.

6. Scope of Services and Customer obligations

6.1 The scope of the Services, including the devices, accounts and environments covered, is determined by the Agreement.

6.2 SpySecure grants the Customer the License for the duration of the Agreement.

6.3 The Customer shall:

(a) comply with the rules and procedures agreed with SpySecure for the use and management of the systems covered by the Services, and ensure that its employees and IT providers do the same;

(b) provide and maintain the access and permissions required for SpySecure to perform the Services;

(c) coordinate any changes that may affect the Services with SpySecure before implementation; and

(d) notify SpySecure promptly of any suspected security incident.

6.4 The Customer acknowledges that failure to comply with clause 6.3 may interrupt monitoring or render security measures ineffective.

6.5 The Customer authorises SpySecure to take reasonable and proportionate protective measures within the agreed scope where SpySecure reasonably suspects a security threat, including isolating devices, revoking sessions and temporarily blocking accounts. Such measures may interrupt access or business operations. SpySecure shall promptly notify the Customer of significant measures taken. Irreversible deletion or remote wiping requires specific Customer authorisation.

6.6 The Customer shall not misuse the Services or use them for unlawful purposes. SpySecure may terminate the Agreement with immediate effect in the event of such misuse or unlawful use.

7. Cancellation

7.1 No statutory right of withdrawal applies to the Customer as a business customer. Cancellation is subject to the contracted period and the notice requirements in clause 12.

8. Complaints, governing law and jurisdiction

8.1 The Customer shall submit complaints in writing to contact@spysecure.nl within seven days of discovering the matter giving rise to the complaint.

8.2 The Agreement and these Terms are governed exclusively by Dutch law. Disputes arising out of or in connection with the Agreement shall be submitted to the competent court in the Netherlands.

9. Liability

9.1 SpySecure shall not be liable for faults, outages or damage caused by third-party technology or software incorporated into the Services.

9.2 SpySecure shall not be liable for direct or indirect damage arising from cyberattacks, data theft, identity fraud or other forms of cybercrime.

10. Service levels

10.1 Unless expressly agreed otherwise in writing, SpySecure shall perform the Services on a best-efforts basis. No specific performance outcome, response time or uptime is guaranteed.

11. Changes to technology and suppliers

11.1 SpySecure may replace software, tools or suppliers where necessary for the continuity, security or improvement of the Services. SpySecure shall seek to provide alternatives with equivalent or improved functionality.

12. Term and renewal

12.1 Subscriptions shall renew automatically for successive periods equal to the contracted period unless the Customer gives written notice of cancellation at least 30 days before expiry of the current term.

13. Privacy and data protection

13.1 SpySecure processes personal data in accordance with its privacy policy, published on www.spysecure.nl.

13.2 Where required by the GDPR, the parties shall enter into a data processing agreement.

14. Compliance and legal advice

14.1 The Customer remains responsible for compliance with applicable laws, regulations and standards.

14.2 SpySecure does not warrant that the Customer complies with those requirements or will obtain or retain certification. The Services and any advice or reports provided by SpySecure do not constitute legal advice.

15. Force majeure

15.1 SpySecure shall not be liable for failure to perform its obligations due to circumstances beyond its control, including supplier outages, network failures, cyberattacks affecting third parties or other unforeseen events.

16. Assignment

16.1 The Customer shall not assign or transfer its rights or obligations under the Agreement without SpySecure's prior written consent.

17. Contact details

17.1 SpySecure can be contacted by email at contact@spysecure.nl or by telephone on +31-20-261-2897.