Terms and Conditions – Avydos-Platform

Terms and Conditions for the DDoS Self-Service Platform "Avydos"

Version: v1.0 – October 26th, 2023

1. Applicability of the Terms

1.1 These General Terms and Conditions (hereinafter referred to as "Terms") apply to all business relationships between zeroBS GmbH (hereinafter "zeroBS") and the customer, as well as users of the DDoS Self-Service Platform Avydos (hereinafter collectively referred to as the "Customer").

1.2 Deviating contract terms of the Customer are not recognized by zeroBS unless their applicability is explicitly agreed upon. zeroBS's services are not intended for consumers.

2. Purposes of the Platform

2.1 The DDoS Self-Service Platform Avydos (hereinafter the "Platform") is provided to the Customer by zeroBS, primarily for experienced IT and security personnel (hereinafter "Users"), to allow Customers to independently assess DDoS resilience.

2.2 Through the Platform, Customers and Users are particularly enabled to autonomously carry out attacks on their self-managed attack targets and test them against various DDoS methods.

2.3 The Platform offers the ability to conduct realistic attacks, including potentially harmful consequences. The Customer is aware that such attacks can lead to system failures, data loss, and complete operational disruption, among other things.

3. Provision of the Platform

3.1 The duration of the contract for the provision of the Platform is specified in the underlying contract offer and the separately signed AGNB (General Business and Usage Conditions), along with the notice period.

3.2 The Customer is responsible for ensuring that all precautions according to 3.1 are taken to facilitate the secure use of the Platform for smooth and safe operation.

3.3 Any support requests or reports of disruptions to the provided Platform can be directed to ddos@zero.bs by email at any time.  per Mail gerichtet werden.

4. Performance Specifications

4.1 The performance parameters provided with the Platform are specified in the underlying contract offer. The specifications of the services are otherwise detailed in the AGNB (General Business and Usage Conditions) to be signed by both parties before the Platform is made available.

5. Security Measures

5.1 The Platform is exclusively provided for testing and evaluating authorized attack targets and may not be used for illegal or other abusive activities. The Customer is liable for any damages caused to themselves or third parties through the use of the Platform, non-compliance with, or circumvention of, security measures.

6. Obligations of Cooperation

6.1 The Customer agrees to provide zeroBS with all necessary information for the Platform's provision and service delivery, as well as to undertake all reasonable actions required for the proper and safe operation of the Platform.

6.2 Should a written statement from third parties be necessary for the proper operation of the Platform, the Customer is responsible for maintaining such statements and indemnifies zeroBS from any obligation to verify or obtain such statements from the Customer or third parties.

7. Prices and Payments

7.1 All prices listed are exclusive of VAT and are specified in the contract offer.

7.2 All contract offers are non-binding, and errors and typographical mistakes are reserved.

7.3 The invoicing/payment modalities agreed upon in the contract offer apply.

7.4 zeroBS reserves the right to adjust the agreed prices at its reasonable discretion, especially due to increased common costs (e.g., personnel, energy, rent, servers, traffic) or due to persistent inflation. Price adjustments are considered permissible if they do not exceed 3% per calendar year and are announced by zeroBS at least 4 months in advance.

8. Usage Rights / Intellectual Property

8.1 The Customer is granted the right to use the Platform during the term in accordance with the AGNB. zeroBS retains all intellectual property rights to the system, including the code, graphics, and user interfaces contained within the system. These rights belong exclusively to zeroBS, its licensors, or suppliers.

8.2 The Customer assures that they possess the necessary rights regarding all data and materials used or provided by them in connection with the operation and provision of the Platform, and that they do not infringe on the rights of third parties.

8.3 The Customer is entitled to access the Platform through telecommunications and use it according to the contractually agreed terms.

8.4 The Customer is not authorized to use the application beyond what is allowed by the contract or, except as expressly regulated in the contract, allow third parties to use it or make it accessible to third parties.

8.5 In cases where the Customer knowingly enables the unauthorized use of the Platform by third parties, the Customer shall be liable for damages. In case of unauthorized access to the Platform using the Customer's access data, the Customer's fault is presumed. The Customer shall, upon zeroBS's request, provide all information necessary to identify and hold the unauthorized third party accountable.

9. Liability Clause

9.1 zeroBS is only liable for culpable breaches of essential contractual obligations. In this case, liability is limited to the foreseeable, typically occurring damages and is capped at the contract value. Liability for culpable harm to life, body, or health remains unaffected. Further liability is excluded.

9.2 zeroBS assumes no liability for any damages to the Customer's own systems or third-party systems resulting from attacks by the Customer and Users using the Platform. The Customer indemnifies zeroBS from all claims arising from the abusive use of the Platform by the Customer or resulting from the Customer's negligence. The Customer is obliged to promptly report any suspected abusive use of the Platform to zeroBS to enable appropriate measures (e.g., account suspension).

9.3 The aforementioned liability limitations also apply to the benefit of zeroBS's employees, officers, and agents, regardless of the legal basis of the claim.

10. Confidentiality

10.1 The Parties undertake to treat all business and trade secrets of the other Party as strictly confidential and not to disclose them to third parties, unless there is a legal obligation, contractual necessity, or regulatory order. In case of doubt, the Parties shall consider business and trade secrets to be covered.

10.2 zeroBS has obliged individuals entrusted with the processing of personal data to maintain the confidentiality of personal data. The Customer shall only transmit personal data that is absolutely necessary for the provision of the Platform and services, notwithstanding this.

10.3 The provisions mentioned in these Terms and Conditions do not restrict zeroBS's right to continue using ideas, know-how, concepts, and procedures related to the contract services that become general knowledge during the course of cooperation, provided that no protective rights or the obligation to keep the other party's or a third party's confidential information are violated.

10.4 With the termination of the contract, zeroBS will either return the data and materials of the customer to the customer or, if legally permissible, destroy them upon the customer's request.

11. Final Provisions

11.1 All claims arising from or in connection with this contract shall be governed exclusively by German substantive law, excluding the UN Sales Convention.

11.2 The exclusive place of jurisdiction for any disputes arising from or in connection with this contract is the registered office of zeroBS.

11.3 If individual provisions or parts of them are or become invalid, void, or unenforceable, this shall not affect the validity of the remaining agreements. In such a case, the Parties shall replace the invalid, void, or unenforceable provision, in whole or in part, with an agreement that comes as close as possible to the intended legal and economic purpose of the provision to be replaced. The foregoing provision shall apply in the event of contractual gaps.

AGB/Policy Stand: v1.0 – 16. Oktober 2023