Terms of Service for the Business Security and Resilience Program

Understand the guidelines, policies, and legal boundaries that govern your use of the Business Security and Resilience Program. These Terms of Service provide crucial information on user eligibility, registration, payments, privacy, and more. Please read carefully to ensure compliance and a smooth user experience.

Version: 1.0. Date: 25.05.2023.

Contents

1.     Acceptance of Terms

By registering for, accessing, browsing, or using the “Business Security and Resilience” program, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (ToS).

These ToS govern your access to and use of the program and all content, services, and products available at or through the program. These ToS also include all other operating rules, policies (including, without limitation, our Privacy Policy), and procedures that we may publish from time to time on the program.

Your agreement with us includes these ToS and any additional terms that apply to the program. If you do not agree to these ToS or any part thereof, your only remedy is to not access or otherwise use the program.

We reserve the right, at our sole discretion, to modify or replace these ToS at any time. If the alterations constitute a material change to the ToS, we will notify you by posting an announcement on the program and through e-mail. What constitutes a material change will be determined at our sole discretion.

Continued use of the program following notification of any changes to these ToS constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the program. Such new features and/or services shall be subject to the terms and conditions of these ToS.

You represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy.

2.      Eligibility

By registering for and using the “Business Security and Resilience” program, you represent and warrant that you are at least 18 years old and are legally able to enter into a binding contract. You must also be fully able and competent to satisfy the terms, conditions, and obligations within these Terms of Service.

The “Business Security and Resilience” program is designed specifically for businesses and is not intended for personal, household, or family use. Only registered businesses may participate in our program. By agreeing to these terms, you represent and warrant that you have the authority to bind the business you represent to these Terms of Service and that your business is legally allowed to operate in your jurisdiction.

In order to register your business for the “Business Security and Resilience” program, you may be required, per our sole discretion,  to provide proof of your business’s registration, existence, and/or good standing under the laws of your jurisdiction, as well as other information about your business.

We reserve the right to accept or reject your registration at our sole discretion. We may also limit or deny the use of our program to particular persons or geographic areas, at any time, in our sole discretion.

3.      Registration

When you register for the “Business Security and Resilience” program, you are required to provide accurate, current, and complete information as prompted by the registration process. This may include, but is not limited to, your full name, company name, company address, company tax number, and a valid e-mail address. You must promptly update all registration information to keep it accurate, current, and complete. We reserve the right to refuse any application to register for the program, or to cancel an existing registration, at our sole discretion.

Upon completing the registration process, you will use your e-mail and password to access our services.

You agree that we can use and store your information consistent with our Privacy Policy. Please refer to the Privacy Policy for more details.

4.     User Responsibilities

As a user of the “Business Security and Resilience” program, you agree to abide by the following responsibilities:

4.1.  Use of Account

You are responsible for all activities that occur under your account. This responsibility extends to any actions taken by employees, consultants, contractors or any other individuals who have access to your account due to your actions or negligence. It is your duty to control the dissemination and use of login credentials, control access to and use of your account, and notify us when you desire to terminate your account.

4.2.   Security

You are solely responsible for maintaining the confidentiality of your account, which includes your username, password, and any other piece of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party.

It is strongly recommended that you use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You should avoid using easily guessable passwords such as ‘password’, ‘123456’, your name, or other common passwords.

In addition to maintaining the confidentiality of your account information, you are also responsible for all activities that occur under your account. This includes any actions taken by you or by others, whether authorized by you or not. If you lose control of your password, you may lose substantial control over your personal information and could be subject to legally binding actions taken on your behalf.

We offer two-factor authentication (2FA) as an added layer of security for your account. While it is not mandatory, we highly recommend enabling this feature. 2FA provides an additional step to your basic log-in procedure. After correctly entering your username and password, 2FA requires a second form of authentication. The second factor is an authenticator app containing a unique verification code on your phone.

You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to protect your password or account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

4.3.  Misuse of the Program

We want the “Business Security and Resilience” program to be a safe, informative, and positive experience for all of our users. To ensure this, we strictly prohibit certain behaviors that we consider to be misuse of the program.

  1. Unauthorized Access: Accessing or attempting to access the program in a manner not explicitly permitted by us is not allowed. This includes any efforts to hack, crack, or otherwise circumvent any security measures we have in place.
  2. Sharing of Account Details: Your account is for your use only. Sharing your account credentials, including your username and password, with others is strictly prohibited. We have system in place for detecting multiple uses of an account from different users / locations / devices.
  3. Illegal Activities: Using the program for any illegal activities, including but not limited to, fraud, cybercrimes, or any violation of laws and regulations in your jurisdiction, is not allowed.
  4. Disruption of Program Operations: Any actions that interrupt or interfere with the normal operations of the program, such as overloading our servers or network infrastructure, is strictly prohibited.
  5. Harassment or Threats: Any form of harassment, threat, or intimidation towards other users or our staff will not be tolerated. This includes but is not limited to, bullying, stalking, or any other forms of hostile behavior.
  6. Malicious Software: The use of the program to distribute viruses, worms, Trojan horses, corrupted files, or any other items of a destructive or deceptive nature is not allowed.
  7. Spam and Advertising: Unsolicited advertisements, promotional materials, or any form of solicitation sent to other users through the program is not permitted.
  8. Violation of Terms of Service: Failure to comply with these ToS or any other rules or guidelines provided by us constitutes misuse of the program.

Please note that this list is not exhaustive, and we reserve the right to determine what constitutes misuse of the program. Any misuse may result in the termination of your access to the program and possible legal action. Users are expected to use the program responsibly and respectfully, with consideration for the rights and needs of other users.

4.4.  Compliance

Your use of the “Business Security and Resilience” program must be in compliance with all applicable local, national, and international laws, rules, and regulations. This responsibility extends to a variety of legal and regulatory domains, including but not limited to:

  1. Applicable Laws and Regulations: You must comply with all laws that apply to your business and your use of the program. This includes laws related to business operations, financial reporting, taxation, labor and employment, data privacy, and cybersecurity, among others. It’s your responsibility to understand and comply with these laws.
  2. Contracts and Agreements: You must honor any contracts or agreements that you’ve entered into with third parties that may be relevant to your use of the program. This includes your agreements with us as well as contracts with other entities such as your vendors, customers, or employees.
  3. Intellectual Property Rights: You must respect all intellectual property rights, including copyrights, trademarks, and patents. This means you should not use the program to infringe upon the intellectual property rights of others, including by sharing copyrighted materials without permission.
  4. Third-Party Rights: You should respect the rights of all third parties involved in your use of the program. This includes privacy rights, contractual rights, and any other rights that third parties may have.
  5. Our Policies: We have established policies for the “Business Security and Resilience” program, including these Terms of Service. You are required to follow all of our policies when using the program.
  6. Export Control: Laws related to export control regulate the movement of certain types of information and technologies across national borders. You must ensure that your use of the program complies with these laws.
  7. Privacy and Data Protection: You are responsible for complying with all laws and regulations related to privacy and data protection. This includes any laws regulating the collection, storage, processing, and transfer of personal data.

Non-compliance with any of the above could lead to the termination of your access to the program and potential legal liabilities. If you have any doubts about your compliance obligations, we recommend seeking legal counsel to understand your responsibilities better.

4.5.   Communication

As a participant in the “Business Security and Resilience” program, you agree to communicate and cooperate with us in good faith. This includes providing us with accurate, current, and complete information as may be required for the effective operation of the program. When necessary or appropriate, you agree to promptly submit any requested documentation and take such actions as we may reasonably request for the effective implementation of the program.

This clause is not limited to specific situations and applies broadly to your interactions with us during your participation in the program. Good communication is critical to ensure the program effectively meets your needs, to address any issues or concerns that may arise, and to continually enhance the quality and relevance of the program. Your cooperation is equally essential in maintaining the integrity and usefulness of the program, complying with relevant laws and regulations, and fostering a safe, respectful, and productive learning environment.

5.      Payments and Refunds

5.1.   Subscription Fees

Access to the “Business Security and Resilience” program requires payment of a subscription fee. The specific details of the subscription fee, including the amount, the billing period, and any other relevant details, will be provided to you when you sign up for the program.

5.2.   Payment Processing

All payments for the program are processed through our third-party payment processor, Stripe. We do not store your financial information; instead, Stripe will collect and process this information. Please review Stripe’s terms of service and privacy policy to understand how they manage your data.

5.3.   Free Trial

We offer a 30-day free trial period for all new users. During this trial period, certain features of the program may be limited (i.e., amount of time for 1 on 1 consulting). You will need to provide your payment information to Stripe to start the trial period, but you will not be charged during the trial period.

5.4.   Automatic Renewal

Unless you cancel your subscription before the end of your free 30-day trial, your subscription to the “Business Security and Resilience” program will automatically renew. This means that you will be automatically charged the applicable subscription fee for the next billing period at the end of your trial period. You will be informed before the renewal.

The renewal period will be either monthly or annually, depending on the billing period you selected during registration. If you have selected a monthly billing period, your subscription will automatically renew every month, and you will be charged the monthly subscription fee. If you have chosen an annual billing period, your subscription will automatically renew every year, and you will be charged the annual subscription fee. You can change the renewal period at any time, and the new renewal period will be valid after the previous one ends.

Please note that once the payment for a renewal period has been processed, it cannot be refunded or transferred. If you wish to avoid being automatically charged for the next billing period, you must cancel your subscription before the current billing period or trial period ends.

5.5.  Notification of Renewal

In order to provide you with full transparency and control over your subscription, we will send you a notification before the automatic renewal of your subscription takes place. This reminder will be sent to the email address associated with your account and will inform you of the upcoming charge on the renewal date.

These notifications serve as reminders that your trial period or current billing period is ending and that you will be automatically charged for the next billing period unless you cancel your subscription.

Please ensure that your contact information is current and accurate, and that you check your email regularly to receive these notifications. However, it remains your responsibility to be aware of the upcoming renewal and to cancel your subscription if you do not wish to continue with the program. The charge for the renewal period will be processed automatically, without further notice to you, unless you cancel your subscription before the renewal date.

Please also note that even if you do not receive a renewal notification for any reason, the automatic renewal and charge will still occur unless you cancel your subscription before the renewal date.

 

6.     Cancellation

It’s essential to understand how cancellation of the “Business Security and Resilience” program works to avoid unwanted charges:

  1. Cancellation by You: If you decide that you no longer wish to use the program, it’s your responsibility to cancel your subscription. You can do this through your account settings on the program’s platform, or by contacting our customer service directly. We do not automatically cancel your subscription based on inactivity or non-use of the program, so please ensure you cancel your subscription if you no longer wish to use the service.
  2. Cancellation During the Trial Period: If you cancel your subscription during the 30-day trial period, you will not be charged. The trial period is designed to give you an opportunity to experience the program and decide whether it fits your business needs. If you choose to cancel during this time, it’s essential to do so before the trial period ends to avoid being charged.
  3. Cancellation After the Trial Period: If you cancel your subscription after the trial period, you will not be charged for subsequent billing periods. However, please note that cancellations must be made before the start of the next billing cycle, as we do not provide refunds for partially used periods. If your cancellation is made after the start of a new billing period, you will be responsible for the charges for that entire billing period.
  4. Processing of Cancellations: Once you cancel your subscription, your account will no longer be charged, but you will continue to have access to the program until the end of your current billing period. Once your current billing period ends, you will lose access to the program.
  5. Reactivation: If you decide to return to the program after cancelling, you can reactivate your subscription through your account settings or by reaching out to our customer service.

It’s essential to remember that failure to cancel your subscription in a timely manner might result in charges that we are unable to refund. Please ensure you manage your subscription carefully to avoid unwanted charges.

7.     Refunds

Understanding our refund policy is important to ensure clarity on what you can expect when it comes to billing for the “Business Security and Resilience” program:

  1. Non-Refundable Fees: All fees associated with the program, including subscription fees, are non-refundable. This means that once you have been charged for a billing period (monthly or annually), we cannot provide a refund for that period.
  2. Partial Periods: There are no refunds or credits for partially used periods. This means that if you cancel your subscription mid-way through a billing period, we do not provide a prorated refund for the remainder of the billing period.
  3. Legal Requirements: Exceptions to this policy will only be made where required under applicable law.
  4. Discretionary Refunds: In certain exceptional circumstances, we may choose to issue a refund. However, this is at our sole discretion and does not constitute an ongoing policy or guarantee that a refund will be issued under similar circumstances in the future.
  5. Change of Fees: We reserve the right to change our subscription fees at any time. Any changes will be communicated to you in advance through the contact information associated with your account. If you do not agree with the fee changes, it is your responsibility to cancel your subscription before the changes come into effect. If you continue to use the service after the fee change has come into effect, your continued use constitutes your agreement to pay the changed fees.

Please review these terms carefully and make sure you understand them before committing to a subscription. It is important to note that by subscribing to the program, you are agreeing to these terms regarding refunds.

8.      Intellectual Property

All content, features, and functionality of the “Business Security and Resilience” program, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by Croatian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

As a user, you are granted a limited, non-exclusive, non-transferable license to access and use the program content for your own internal business purposes. This means you may use the content to implement the templates, tools and lessons learned within your own company.

However, the distribution, transmission, public display or performance, rental or sale, and any other use of the program content for any other purposes are expressly prohibited, unless you have received our prior written consent. This includes sharing the program content with other companies, individuals, or entities, reproducing the program content for any other purposes, or making the program content available on any other websites or platforms.

Unauthorized use of the program content may violate copyright, trademark, and other laws and is strictly prohibited. All rights not expressly granted herein are reserved by us and our licensors.

You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the program content in breach of the Terms of Service, your right to use the program will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our name, the terms, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the program are the trademarks of their respective owners.

As part of the “Business Security and Resilience” program, we may provide certain templates or other resources for your use. These templates are meant to aid your internal operations and understanding of the content provided in the program.

You are allowed to use these templates within your organization and modify them to suit your specific needs. However, the templates remain our intellectual property, and you are not authorized to distribute these templates outside of your organization, whether in their original form or with modifications, without our prior written consent.

This includes but is not limited to selling, renting, or sharing these templates with other businesses, organizations, or individuals. Any violation of this provision may lead to termination of your access to the program and other potential legal actions.

9.      Privacy

Protecting your privacy is very important to us. Our collection, use, and disclosure of personal information in connection with your access to and use of the “Business Security and Resilience” program is outlined in our Privacy Policy, which is incorporated into these Terms of Service by reference.

By agreeing to these Terms of Service and using our program, you also agree to the terms of our Privacy Policy. Our Privacy Policy explains how we collect and use your personal information, and the rights you have in relation to such information. We encourage you to carefully review our Privacy Policy for detailed information on our privacy practices.

Personal information includes, but is not limited to, your name, company name, company address, tax number, and email address. We collect this information to provide you with our services, to comply with our legal obligations, and to enhance our services. We are committed to keeping this information confidential and secure, in accordance with our Privacy Policy.

You acknowledge and agree that you are responsible for obtaining all necessary consents and permissions from any individuals whose information you provide to us, and for providing these individuals with a copy of (or accurate information about) our Privacy Policy.

Please be aware that the security of your personal information also depends on your responsible behavior in protecting your account information and password. We advise you not to share this information with anyone and remind you that you are responsible for all activity that happens on your account.

9.1.  Affiliate Disclosure

If you have registered for the “Business Security and Resilience” program through one of our affiliated partners, please note the following:

  1. Company Name Disclosure: Your company name will be disclosed to the affiliate partner. This is done for reporting purposes to allow our affiliates to track the users they have referred to our program.
  2. Privacy Assurance: While your company name is disclosed to the affiliate partner, rest assured that no other personal or sensitive information will be shared. We respect and uphold your privacy in accordance with our Privacy Policy.
  3. Transparency: This process is in place to maintain transparency with our affiliates and to ensure that they receive appropriate credit for their referrals.

By using an affiliate link to register for our program, you agree to the disclosure of your company name to our affiliate partner. If you have any questions about this policy, please contact us directly.

10.  Termination of Service

We reserve the right, at our sole discretion, to modify, suspend, or terminate your access to the “Business Security and Resilience” program or any portion thereof at any time, without notice, for any reason, including but not limited to:

  • Breach of these Terms of Service: If we believe that you have breached any provision of these Terms of Service, we may take appropriate action, including suspending your access to the program and terminating your account.
  • Misuse of the program: If we believe that you are misusing the program in any way, including by sharing your account details with others, conducting illegal activities, or using the program in a manner that is inappropriate or disruptive, we may suspend or terminate your access to the program.
  • Non-payment: If you fail to pay the subscription fee or any other fees that you owe to us in relation to the program, we may suspend or terminate your access to the program.
  • Threat to the program or its users: If we believe that your actions threaten the integrity, security, or functionality of the program, or pose a risk to us, other users, or third parties, we may suspend or terminate your access to the program.

Upon termination of your access to the program, your right to use the program will immediately cease. All provisions of these Terms of Service, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. However, the amounts paid for our services are non-refundable, as described in our Payment and Refunds section.

We reserve the right to prosecute any violation of these Terms of Service to the fullest extent of the law.

11.  Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to your use of the “Business Security and Resilience” program, these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, or the use of the services (collectively, “Disputes”), we strongly encourage you to contact us directly to seek a resolution. We aim to resolve disputes amicably and efficiently.

If we are unable to resolve your dispute through negotiations, both parties agree to resolve such Disputes through final and binding arbitration under the rules of the Croatian Arbitration Association, rather than in court.

Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow these Terms of Service as a court would.

Both parties agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial. Both parties agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction in Croatia.

12.  Limitation of Liability

We strive to provide a high-quality service, offering best practices and practical examples for implementation. However, we urge users to apply common sense and exercise due diligence while using the “Business Security and Resilience” program.

To the maximum extent permitted by applicable law, we, our affiliates, officers, directors, employees, agents, suppliers or licensors are not liable to any user or third party for any indirect, incidental, special, consequential or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of, or inability to access or use, the program. It also covers any conduct or content of any third party on the program, any content obtained from the program, unauthorized access, use or alteration of your transmissions or content, or any other matter relating to the program.

We do not guarantee that the program will meet your specific requirements; that the program will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the program will be accurate or reliable; that the quality of any products, services, information, or other material purchased or obtained by you through the program will meet your expectations; or that any errors in the program will be corrected.

Our total liability to any user, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the use of, or inability to use, the program shall not exceed the total fees paid by the user for the program in the twelve (12) months immediately preceding the event giving rise to the liability.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Your sole remedy with respect to any dissatisfaction with the program is to cease using the program. These limitations of liability are part of the basis of the agreement between you and us and shall apply to all claims of liability, even if we have been informed of the possibility of any such damage, and even if these remedies fail their essential purpose.

13.  Final Provisions

These Terms of Service constitute the entire agreement between you and us concerning your use of the “Business Security and Resilience” program, superseding any prior agreements between you and us with respect to the program.

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

We reserve the right to amend these Terms of Service at any time and we will inform you about the changes. Your continued use of the program after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the program. It is your responsibility to regularly check the website to determine if there have been changes to these Terms of Service and to review such changes.

By using the “Business Security and Resilience” program, you agree that the laws of the Republic of Croatia (and EU legislation), without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us.

In the spirit of resolving disputes amicably, we encourage you to reach out to us first in case of any issue before resorting to legal action. We are committed to addressing any concerns fairly and promptly.