These Terms govern access to runeguard software, hosted services and support supplied by Runeward Labs. They set out the permitted use of proprietary software, the separate treatment of open-source runebox, the parties' responsibilities for data and security, and the commercial terms. A signed order may add agreed deployment and service details. The Data Processing Agreement (Processing Agreement) governs processing of personal data on the customer's behalf where it forms part of the Agreement.
1 Provider, acceptance and contract documents
Runeward Labs, we, us and our mean the service provider identified in the applicable order or acceptance record. That record must identify the contracting legal entity and its address. Customer, you and your refer to the organisation or individual professional accepting these Terms. Someone accepting for an organisation must have authority to bind it.
These Terms become binding through a signed order, an acceptance mechanism that presents them and records agreement, or another legally effective acceptance expressly agreed by the parties. Merely visiting an informational page is not treated as consent to undisclosed contractual obligations. The version accepted must be available to the customer for retention.
The Agreement comprises the accepted order, these Terms, the Processing Agreement where applicable, and expressly incorporated schedules. In a conflict, mandatory law and valid applicable transfer clauses prevail; the Processing Agreement controls personal-data protection; an expressly negotiated order controls other commercial terms; then these Terms apply. Documentation describes the supported service but cannot silently expand data-processing instructions or remove contractual protection.
The services are intended for adults acting for a trade, business or profession. Professional or corporate use does not automatically exclude the Federal Competition and Consumer Protection Act 2018 (FCCPA) or other applicable protective law. Material limitations, indemnities and exclusions, particularly clauses 18 and 19, must be presented conspicuously before acceptance where law requires. Where mandatory consumer or other protective law nevertheless applies, nothing in the Agreement excludes it. Any legally required consumer information, cancellation or withdrawal rights must be provided for the relevant sale.
2 Products and definitions
runeguard includes the installed agent, its supported integrations, runeguard Cloud and the runeguard Console, together with features and support purchased or made available under the selected plan. Hosted service means the deployment operated by Runeward Labs. Self-hosted service means a deployment operated by the customer under an express licence. Documentation means the identified product and deployment documentation for the contracted version. Early Access means features expressly identified as early access, preview or beta.
Customer Data means information provided by or processed for the customer through the services, including findings, device and identity records, policy settings, incident information, authorised session excerpts, support material and customer-directed outputs. Personal data is also governed by the Processing Agreement or Privacy Policy according to the actual purpose of processing. Operational Data means technical information about the service's performance and security; it is not automatically anonymous and is not a means to reclassify customer content for unrestricted use.
Community runeguard is a free individual-use edition with local security functions. It is not represented as open source merely because it is free. Startup is the hosted team plan. Enterprise may include hosted or expressly licensed self-hosted use and additional features. Features, seats, devices, retention, support and any separate add-ons are specified in the accepted plan or order. A subscription to a hosted plan does not itself grant self-hosting rights.
runebox is separately distributed under the Apache License 2.0. Rights to use, modify and distribute runebox arise under that licence. These Terms do not restrict those rights; any separately purchased Runeward Labs service around runebox is governed by its applicable order.
3 Proprietary software licence
Subject to the Agreement and payment of applicable fees, Runeward Labs grants the customer a limited, non-exclusive, non-transferable licence for the subscription term to install and execute the proprietary runeguard software on devices it is authorised to manage and to access the contracted services for its internal professional purposes. Authorised employees and contractors may use the service for that purpose within the purchased entitlements. Transfers permitted under clause 23 are not prohibited by this clause.
The Community licence continues until validly terminated under these Terms and has no paid subscription period. Runeward Labs will ordinarily give at least 30 days' notice of discontinuation, subject to an urgent lawful security or legal restriction and any greater mandatory protection. For Community runeguard, the grant covers one individual professional's local use on their authorised personal device or devices within the published Community limits. It does not include a team Console, shared organisational management, redistribution of proprietary binaries or self-hosting of runeguard Cloud. If the customer needs additional scope, it must obtain the applicable paid or written licence. Customer Data remains the customer's even where a paid feature is not licensed.
A self-hosted Enterprise grant must specify the licensed entity, deployment scope, permitted environments, seats or devices, term, support, update rights and any affiliate or disaster-recovery use. It grants use of the delivered software, not ownership of runeguard source code or a right to provide a competing hosted service. No source-code access or escrow is included unless expressly agreed. Necessary backup copies may be made for the licensed deployment, retaining applicable notices.
The customer may use only supported copies and must preserve licence and copyright notices. Changes to free editions apply prospectively with appropriate notice; we will not silently create a payment obligation. Any discontinuation, expiry or enforcement measure must respect the Agreement's notice, data-access and mandatory-law protections. Licence expiry does not authorise us to destroy unrelated customer files.
4 Open-source and third-party components
Third-party and open-source components retain their own rights and applicable licence terms. Runeward Labs will provide the required notices and any source offer or other materials that the applicable licences require. Those terms prevail for the covered component where inconsistent with these Terms. The Apache licence for runebox does not automatically license separately supplied proprietary runeguard code, and a proprietary label does not revoke an existing valid open-source licence.
No rights to a third party's service, model, platform or trademark are granted beyond the rights Runeward Labs is entitled to grant. The customer is responsible for its separate accounts and lawful access to selected integrations. Runeward Labs remains responsible for subcontracted performance and other obligations it expressly undertakes.
5 Accounts, administrators and credentials
The customer provides accurate account and billing information and designates authorised administrators. It controls its users, roles, enrollment and integration settings and must use appropriate credential protection. It should promptly revoke unnecessary access and report suspected compromise to [email protected].
The customer is responsible for its authorised users' compliance and for actions it instructs through the service. This does not make it strictly responsible for compromise caused by Runeward Labs' breach or remove Runeward Labs' security duties. Runeward Labs may verify administrator authority before disclosing sensitive information or performing consequential requests.
6 Lawful deployment and security actions
The customer may deploy runeguard only where it has authority to do so. It must establish the lawful basis for monitoring; provide intelligible notices to affected people; obtain any necessary employee representative approval, communications consent or other permission; and configure proportionate access, collection and retention. Employer ownership of a device is not a universal exemption from privacy or interception law. Special care is required for personal devices, shared devices, third-party communications and privileged information.
runeguard can inspect inputs or files locally without retaining their contents. Hosted deployments also send baseline device and security metadata independently of optional content collection. Separate optional features can collect redacted session excerpts, human-to-AI sharing signals, remote-session metadata or document labels. The Privacy Policy and applicable Processing Agreement describe these distinctions. Enabling a feature or an incident escalation is a customer instruction; it does not establish consent from every affected person or guarantee that collection is lawful.
Where supported and licensed, an authorised action may deny an agent operation, stop agent access, terminate a process or isolate a device. These actions can interrupt work or connectivity. The customer must restrict response privileges, verify scope and authorisation, establish recovery procedures and review actions appropriate to the risk. Runeward Labs may execute only actions authorised by the customer's configuration or instructions and the Agreement. The service is not intended to make autonomous hiring, dismissal or other legally significant decisions about people.
The customer must not knowingly enable a regulated deployment requiring an additional agreement or safeguard until that arrangement is completed. This includes processing requiring a HIPAA business associate agreement or a customer-specific financial-services addendum. An exclusion in this contract does not override a legal obligation arising from data actually processed.
7 Acceptable use and assessment authority
The customer must not use the service unlawfully; infringe another person's rights; deploy covert or disproportionate surveillance; introduce malicious material intended to compromise the service; access another tenant without authority; bypass licence or security controls; or misappropriate confidential information.
Except as expressly permitted by the Agreement, an applicable third-party or open-source licence, or non-excludable law, the customer must not copy, modify, distribute, sell, sublicense or make proprietary software available to unauthorised third parties, remove proprietary notices, or decompile, disassemble or reverse engineer it. These restrictions do not prohibit lawful observation, testing, interoperability, security research or independent development where the applicable law or licence permits that activity. A similar function or competing idea is not by itself treated as infringement.
Public URL and other assessments may be requested only for assets the customer owns or is authorised to test. The customer must protect verification secrets and confidential report links and must not use the service to target unauthorised systems. We may apply proportionate rate, scope and safety limits. Assessment results are not proof that a site is secure or that the customer has satisfied an audit standard.
8 Customer Data and permitted processing
As between the parties, the customer retains its rights in Customer Data. Personal data remains subject to individuals' statutory rights; this clause does not turn those rights into property owned by either party. The customer grants Runeward Labs only the rights needed to provide, secure and support the contracted service on its instructions and to meet applicable law, subject to the Processing Agreement.
Runeward Labs will not sell Customer Data, use it for targeted advertising, or use Customer Personal Data to train, fine-tune or improve models for its own or a third party's purposes. Customer-directed security inference is distinct from training. Any expressly requested optional arrangement must be separately documented, lawful and consistent with the Processing Agreement; it cannot arise from a general website change.
Local-only scanning does not itself transmit endpoint findings or inspected content to Runeward Labs. A software licence alone does not make Runeward Labs the recipient or processor of data kept solely in the customer's environment. In self-hosted use, sending data to the customer's designated server is not automatically a disclosure to Runeward Labs. The customer controls that environment, its exports and integrations, and any support access it grants. Separate download, update, account and support connections can still disclose information as described in the Privacy Policy.
For hosted runeguard Cloud, Runeward Labs processes the agreed baseline device and security metadata through its contracted infrastructure even when optional content collection is off. Automated receipt, storage and analysis constitute processing even if staff do not personally read the records. The Processing Agreement governs that instructed processing and customer personal data supplied for support.
The Privacy Policy separately explains controller activities such as business account, billing and support administration. The actual purpose determines the role: substantive support content processed on customer instructions remains subject to the Processing Agreement. Neither document authorises repurposing customer telemetry.
9 Operational information and feedback
Runeward Labs may process necessary operational information to run, secure and maintain the service, subject to the applicable role, purpose and retention limits. Any use of anonymous aggregate statistics requires effective anonymisation; removing a name or hashing an identifier is not enough on its own. Runeward Labs must not attempt to re-identify information represented as anonymous or publish identifiable customer information as aggregate data.
If the customer voluntarily provides product suggestions, it grants Runeward Labs a non-exclusive, worldwide, royalty-free licence to use and adapt that feedback for its products. This feedback licence excludes Customer Data, personal data, confidential information and pre-existing customer technology unless separately and expressly licensed for that purpose. It does not require the customer to disclose any of them.
10 Runewrd Labs intellectual property
Runeward Labs and its licensors retain their respective rights in the software, documentation, interfaces, original content and other materials they provide. Except for express licences under the Agreement and applicable third-party or open-source terms, no intellectual property rights are transferred. The customer may not use Runeward Labs names, logos or marks in a way that implies unauthorised endorsement or causes unlawful confusion.
Unauthorised copying of protected code or other expression, misuse of confidential material, infringement of a valid mark or breach of an enforceable licence restriction may give rise to remedies under applicable law. Whether a particular act infringes depends on the rights, facts, licence and legal exceptions. These Terms do not claim ownership of general ideas, methods, unprotected functionality or independently created software. Nothing removes a mandatory statutory exception or a valid open-source permission.
Suspected infringement or misuse can be reported to [email protected] with a description of the relevant material, asserted right and supporting information. A report does not establish infringement; we may request further information and use the applicable platform or legal process.
11 Confidentiality
Each party protects the other's confidential information with reasonable care, at least the care it uses for comparable information of its own, uses it only for the Agreement, and discloses it only to people who need it and are bound by suitable duties. Confidential information includes non-public technical or commercial information, non-public security findings and information reasonably understood to be confidential. Customer Personal Data also receives the protections in the Processing Agreement.
Information is not confidential to the extent the recipient can show it was lawfully known without restriction, becomes public without breach, is independently developed without use of the information, or is lawfully received from another source without a duty of confidence. Compulsory disclosure must be limited to what is required, with notice and reasonable assistance to seek protection where permitted. Confidentiality continues for five years after disclosure, and for trade secrets while legally protected; personal-data obligations continue for the relevant processing and retention period.
12 Fees, billing and renewal
Charges, currency, billing interval, seats, usage measures, applicable taxes and any add-ons are stated in the accepted plan or order before purchase. Optional services, self-hosting, air-gapped deployment and premium support are included only if expressly ordered. No undisclosed charge is created by marketing language or continued use of a free feature.
Unless the order states otherwise, properly issued invoices are due within 30 days. The customer may dispute an invoice in good faith with supporting detail and must pay undisputed amounts. Taxes are handled as applicable law requires; no clause transfers a tax that cannot lawfully be shifted.
Monthly subscriptions renew for successive months unless the customer cancels before the next billing period by emailing [email protected] from an authorised account contact, or by using an available account cancellation function. Runeward Labs will acknowledge the request promptly; a timely, valid request does not depend on that acknowledgement to stop renewal. Any cancellation method required by applicable law must also be available. Other fixed terms renew only as expressly disclosed and accepted in the order, with any required reminders and notice periods. Runeward Labs gives at least 60 days' notice of a price increase, effective no earlier than the next eligible renewal, so the customer can cancel before the new price applies. Mandatory automatic-renewal and consumer protections prevail.
Cancellation stops future renewal and ordinarily takes effect at the end of the paid period. Refunds are available where the Agreement or mandatory law provides them. We may suspend for materially overdue undisputed fees only after written notice and a reasonable opportunity of at least 15 days to remedy, subject to the data-access and proportionate-suspension protections below.
13 Support, service levels and Early Access
Support requests go to [email protected] or the available Console case function. Response commitments apply only as stated in the accepted plan, order and incorporated support SLA. A first-response commitment is not a resolution deadline or a hosted-availability guarantee. Any uptime, service-credit, recovery or other service-level commitment must be expressly stated with its scope and exclusions.
Early Access features may have documented coverage limits and may change. Runeward Labs will disclose material known restrictions and give reasonable notice of a material withdrawal where practicable. Early Access status does not remove confidentiality, data protection, security, mandatory product-safety or expressly agreed support obligations. Service levels are excluded for an Early Access feature only to the extent clearly stated in the accepted order or SLA.
runeguard does not prevent every threat. Platform permissions, operating-system capabilities and supported harness integrations affect coverage. The customer must maintain other appropriate security controls, backups and incident procedures. A result should be assessed in context rather than treated as an infallible conclusion about a person or system.
14 Security, maintenance and regulated use
Runeward Labs provides the risk-appropriate security commitments in the Processing Agreement and maintains the contracted service with reasonable skill and care. The customer secures its devices, self-hosted infrastructure, identity systems and external destinations and installs supported security updates according to an agreed or reasonable maintenance process. Runeward Labs must explain material prerequisites and supported-version limits.
A feature intended to help generate evidence or manage security does not certify a customer's compliance. Sector-specific obligations, including financial-services, healthcare or critical-infrastructure requirements, need an applicability assessment and any necessary addendum. Runeward Labs makes no SOC 2, ISO 27001, HIPAA, NIS2 or DORA certification representation unless the exact valid assurance or obligation is expressly identified and substantiated. Statutes and voluntary assurance frameworks are not interchangeable.
15 Term, suspension and termination
The Agreement continues for the accepted subscription or licence term. Either party may terminate for material breach not cured within 30 days after a sufficiently specific notice, unless the breach cannot lawfully or reasonably be cured. The customer may terminate an affected service where the Processing Agreement or other express clause permits.
Runeward Labs may impose a proportionate suspension to prevent a serious security threat, unlawful processing or material unauthorised use, or comply with a binding legal requirement. It will give prior notice where practicable, explain the reason where permitted, restrict the suspension to what is necessary, and restore access promptly when the grounds end. Urgent action is not a general right to withhold unrelated customer data or avoid assistance and retention obligations.
On termination, use of proprietary software must end except as permitted for agreed transition, retrieval or mandatory rights. The customer removes or disables unauthorised copies while retaining any legally required records. Termination does not affect runebox or other open-source permissions. The Processing Agreement governs return and deletion; clauses intended to survive, including confidentiality, accrued payment duties, licence restrictions, intellectual property, liability and dispute provisions, survive to the extent necessary and lawful.
16 Export, switching and deletion
The customer may request return or export of its data in a reasonably usable format. Following termination it normally has at least 30 days to retrieve data; the Processing Agreement's deletion schedule then applies. Retention exceptions and backup expiry must be identified, not left as an unlimited normal-schedule statement. Export limitations must not defeat statutory rights, the Processing Agreement or an applicable switching obligation.
If the hosted service is a data processing service within Chapter VI of Regulation EU 2023/2854, the EU Data Act, the following additional terms apply. The customer may request a switch to another provider, to its own infrastructure, or erasure, with a notice period no longer than two months. Runeward Labs provides the assistance, information, security and continuity required by applicable law, identifies exportable data and digital assets, and normally completes the transition within 30 calendar days after the notice period.
Where the ordinary transition is technically infeasible and a longer period is legally permitted, Runeward Labs gives the required explanation within 14 working days of the switching request and specifies an alternative transition period no longer than seven months. That is the maximum alternative transition, not an additional seven months. The customer has the statutory right to extend the transition once for a period it considers appropriate. A retrieval period of at least 30 calendar days follows the transition.
The contract terminates on successful completion of switching, with Runeward Labs notifying the customer, or at the end of the applicable notice period where the customer requests erasure without switching. After the retrieval period, or a later agreed date, Runeward Labs fully erases the covered exportable data and digital assets relating to the customer where the switch has been completed successfully, as the Data Act requires. The parties coordinate these obligations with the Processing Agreement and any lawful retention exception; non-personal exportable assets are not omitted merely because they fall outside the Processing Agreement.
Runeward Labs imposes no switching charges under this clause. Any separately agreed early-termination fee must be clearly disclosed, lawful and must not function as a prohibited switching charge or barrier. Exportable data includes input and output data and customer metadata within the statutory scope. Before the customer enters a contract for a covered service, Runeward Labs must provide an exhaustive specification of the categories of exportable data and digital assets, and any permitted exclusions, as part of the contract. It must also explain switching procedures and known technical restrictions, maintain the online register of data structures, formats, relevant standards and interoperability specifications required by Article 26, and provide the customer with its current link. Legitimately protected proprietary materials may be excluded only as law permits; an IP reservation cannot be used to obstruct effective switching.
For covered services, Runeward Labs must publish and keep current the infrastructure-jurisdiction and government-access safeguard information required by Article 28, and include the relevant webpage reference in the customer contract. Actual infrastructure and access locations must be assessed separately. Mandatory Data Act protection of non-personal data is not replaced by a personal-data transfer clause.
17 Warranties and remedies
Each party represents that it has authority to enter the Agreement. Runeward Labs will provide paid services with reasonable skill and care and materially in accordance with the contracted documentation. The customer represents that it has the authority necessary for its submitted data, deployments and instructions, subject to the limits and duties of each party under law.
The customer should report a material service non-conformity promptly with reasonable detail. Runeward Labs will investigate and use reasonable efforts to correct it. If it cannot do so within a reasonable period, the customer may terminate the materially affected service and receive prepaid fees for the unused affected period. This remedy does not exclude mandatory remedies or override the Processing Agreement, confidentiality duties or remedies expressly preserved elsewhere.
To the maximum extent permitted by applicable law, and except for the express warranties and obligations in this Agreement, Runeward Labs disclaims implied warranties of merchantability and fitness for a particular purpose. This does not limit the express service commitments, the contractual IP indemnity or any non-excludable statutory warranty or remedy. Free and expressly designated experimental features are provided as available, but this does not disclaim their applicable data protection, confidentiality or statutory duties. No warranty promises detection of every risk, complete security, uninterrupted operation, error-free findings or universal compatibility.
18 Third-party claims
For paid proprietary services, Runeward Labs will defend the customer against a third-party claim that the service as supplied and used within the Agreement infringes that party's intellectual property rights and pay damages and reasonable settlement amounts finally awarded or agreed through this clause. Coverage does not extend to a claim caused by customer modifications not authorised by Runeward Labs, combinations not supplied or required by Runeward Labs where the claim would otherwise not arise, or continued infringing use after an appropriate non-infringing remedy is made available. This contractual indemnity covers components Runeward Labs includes in the supplied service unless a specific exclusion is expressly identified in the accepted order. Separate component licences neither expand nor reduce this contractual indemnity. Any agreed territorial limitation must be expressly identified in the order; otherwise the scope follows the authorised use covered by the Agreement.
Runeward Labs may obtain a continued-use right or modify or replace the affected service without materially reducing its contracted function. If no reasonable remedy is available, it may end the affected service, refund prepaid unused fees and provide the agreed transition and data return. These remedies do not remove non-excludable rights.
The customer will defend Runeward Labs against a third-party claim arising from Customer Data or instructions that the customer had no right to provide, or the customer's unlawful monitoring or intentional misuse, to the extent caused by that conduct. It does not indemnify Runeward Labs for a claim caused by Runeward Labs' breach, negligence or unlawful processing.
The protected party must give prompt notice, reasonable cooperation at the defending party's expense and appropriate control of the defence. Delay reduces protection only to the extent it materially prejudices the defence. No settlement may admit fault of, impose a non-monetary obligation on, or fail to release the protected party without its reasonable consent. Neither party may settle an individual's statutory privacy rights away through this clause. Liability allocations remain subject to clause 19 and mandatory law.
19 Liability allocation
To the extent permitted by law, neither party is liable for indirect or consequential loss or speculative lost profits arising under the Agreement. This does not exclude direct reasonable costs of responding to a breach or restoring data merely because they concern security or information. Whether a loss is recoverable depends on the claim and applicable law.
Subject to the exceptions below and any expressly negotiated order, each party's total aggregate liability for ordinary claims arising from a paid service is limited to the greater of US$100 and the fees paid or payable for that service for the 12 months preceding the first event giving rise to liability. For a service supplied entirely free of charge, the ordinary aggregate limit is US$100. A feature included in a paid subscription is treated as part of that paid service.
Claims for breach of confidentiality or data protection obligations, and claims under the indemnities in clause 18, are subject to an enhanced aggregate limit of twice the ordinary limit. Ordinary claims remain subject to the ordinary limit; the combined liability for ordinary and enhanced claims cannot exceed the enhanced limit. Multiple claims or related events do not increase either limit, and there is no double recovery for the same loss.
No exclusion or cap applies to fraud, wilful misconduct, a party's misappropriation of the other's intellectual property, amounts properly due for services, or liability that cannot lawfully be excluded or limited. In particular, liability for gross negligence is not excluded or limited where the FCCPA or Article 13 of the EU Data Act prohibits doing so. Mandatory liability for defective goods or services and other statutory exceptions remain preserved. These clauses do not restrict a regulator's powers, statutory individual rights or mandatory liability and third-party-beneficiary rights under applicable transfer clauses. They do not impose a contractual cap on a fine a regulator is entitled to assess.
20 Changes and notices
Runeward Labs will give at least 30 days' advance notice of a material proposed change to these Terms. A change that adversely affects an existing paid commitment ordinarily applies at renewal unless the customer expressly agrees earlier, mandatory law requires otherwise, or the change is necessary to address an urgent security issue consistently with the Agreement. A required immediate change must be explained as soon as reasonably possible.
If a material adverse change must take effect during a paid term and the customer does not agree, it may end the affected service before the change takes effect and receive prepaid unused fees, subject to mandatory law. A website posting alone is not retrospective acceptance. Data-processing changes follow the Processing Agreement and cannot be authorised through this general clause.
Notices are sent to the customer's designated account contact and to Runeward Labs at [email protected], or by the formal service method law requires. Security and support communications use [email protected]. Each party must keep contact information current and designate a monitored incident contact for a hosted deployment.
21 Export controls, sanctions and public authorities
Each party complies with export controls, sanctions and other restrictions applicable to its own performance and the permitted use. Runeward Labs does not represent that every jurisdiction's restrictions apply universally to every transaction. Any necessary classification, authorisation or destination restriction must be assessed before delivery. Nothing authorises disclosure contrary to applicable privacy, confidentiality or transfer law.
Government requests for customer information are handled under the Processing Agreement and applicable law, with review, appropriate limitation and notice where permitted. A general duty to obey law is not blanket consent to unrestricted government access.
22 Governing law and disputes
Any express choice of governing law or dispute forum in an accepted order applies subject to mandatory law. If no choice has been agreed, the applicable conflict-of-laws and jurisdiction rules determine the governing law and competent courts. These Terms do not by themselves require arbitration or select an exclusive court. The parties will first attempt good-faith resolution through authorised representatives where practicable; this does not delay urgent relief, a statutory deadline or a person's right to use a competent court or regulator.
Any agreed governing law or dispute forum does not displace mandatory data protection, consumer, employment, intellectual property or other laws that apply to the facts, nor does it replace the law and courts required by valid transfer clauses. An individual or regulator is not deprived of a statutory forum by this Agreement.
23 General provisions
Neither party may assign the Agreement without the other's consent, not unreasonably withheld, except to a successor in a genuine merger, reorganisation or transfer of substantially the relevant business that assumes the obligations and can lawfully perform them. Such a change must not bypass subprocessor, transfer, confidentiality or other mandatory safeguards. Required notice and the customer's applicable termination rights remain in place.
A party is excused from a performance delay caused by circumstances beyond reasonable control only to the extent the event prevents performance despite reasonable mitigation. It must notify the other party, mitigate and resume performance. This does not excuse accrued payment, confidentiality, data protection, incident-notification or required cooperation duties to the extent law requires their continued performance. If the event materially prevents the service for more than 30 days, either party may end the affected service and unused prepaid fees are refunded.
No customer name, logo or testimonial may be used in marketing without permission. The parties are independent contractors. Invalid provisions are limited or severed as law permits without removing mandatory protections. A failure to enforce a provision is not a general waiver. The Agreement contains the parties' agreement on its subject, without excluding liability for fraud or non-excludable representations. Amendments and notices may be electronic where legally valid.
24 Reference instruments
These Terms remain subject to mandatory rights under the following instruments.
Nigerian Federal Competition and Consumer Protection Act · Nigeria Copyright Act · EU Computer Programs Directive · US Copyright Act · Apache License 2.0 · EU Data Act · California privacy law and regulations.