General Terms and Conditions (GTC)
Cypulse – The Cybersecurity Awareness Software
1. General Provisions
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the use of the Cybersecurity Awareness Training Software “Cypulse” provided by Lakeside IT GmbH (hereinafter referred to as “Software”).
1.2 By accessing and using the Software, the user agrees to be bound by these GTC.
1.3 The functions of the Software include the online training of employees against cybersecurity threats.
1.4 The subject of this agreement is the provision of the Software by Lakeside IT for use by the licensee.
2. Usage Rights and Contract Duration
2.1 Lakeside IT GmbH grants the user a non-exclusive, non-transferable right to use the Software.
2.2 The usage rights only cover the use of the Software for the purposes set out in these GTC.
2.3 The contract has a duration of one year and automatically extends for another year unless terminated with a notice period of three months to the end of the calendar year.
3. Property Rights
3.1 Lakeside IT GmbH retains all property rights, copyrights, and other intellectual property rights to the Software.
3.2 The user may not copy, rebuild, modify, or otherwise alter the Software, except within the scope of normal use of the Software and as expressly permitted in these GTC.
4. Online Access and Implementation
4.1 Cypulse is an online-based software. Access to the Software requires an active internet connection.
4.2 Lakeside IT GmbH endeavors to provide continuous access to the Software. However, occasional maintenance or further developments may lead to short-term restrictions. In such cases, we will inform our customers promptly and minimize interruptions.
4.3 The implementation and activation of the Software only begin upon receipt of the annual fee.
4.4 Lakeside IT provides the contractual software as a cloud solution via a server located at a hosting partner. The licensee has no claim to the delivery of the object code and/or source code by Lakeside IT.
5. Payment Terms
5.1 The annual fee for the use of the Software is collected in advance. Upon receipt of payment, Lakeside IT GmbH will commence with the implementation/activation of the Software.
6. Data Protection and Security
6.1 Lakeside IT GmbH takes the protection of the user’s personal data very seriously and strictly adheres to the rules of data protection laws. Further information can be found in the privacy policy.
6.2 The user is responsible for the security of their access data.
7. Liability
7.1 Lakeside IT GmbH is not liable for damages (hacking attacks, phishing emails) caused by the employee.
We provide extensive training to avoid such situations.
Nevertheless, we cannot take responsibility for individual user actions as they are beyond our control.
7.2 Lakeside IT is not liable for any infringement of intellectual property rights committed by the licensee and/or the licensee’s business partners, customers, or users.
7.3 If claims for recourse exist against third parties, Lakeside IT undertakes to assign such rights to the licensee promptly.
8. Innovations, Editing, and Modification of the Software
8.1 The licensor is entitled, but not obligated, to further develop the contractual software and create updates for the contractual software. Once the licensor has released an update, it may discontinue technical support for previous versions without prior notice.
9. Changes to the GTC
9.1 Lakeside IT GmbH reserves the right to change these GTC at any time. The most current version of the GTC will be published on this website.
10. Final Provisions
10.1 The courts at the registered office of Lakeside IT shall have exclusive jurisdiction over or in connection with these GTC. Swiss law shall apply.
10.2 If individual or multiple provisions of these GTC are or become invalid, unenforceable, and/or void, this shall not affect the invalidity, unenforceability, and/or voidness of the entire GTC or the remaining provisions. In this case, the parties undertake to agree on a provision that economically comes closest to the purpose pursued with the invalid, unenforceable, and/or void provision.