Terms and Conditions

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and DataGuard. By accessing or using our website, services, or any related materials, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

This agreement establishes the legal framework governing your relationship with DataGuard and outlines the rights, responsibilities, and obligations of all parties. These terms are enforceable under Cyprus law and European Union regulations where applicable.

If you do not agree with any provision of these Terms and Conditions, you must immediately discontinue use of our website and services. Continued use indicates your acceptance of these terms and any subsequent modifications.

User Obligations and Legal Responsibilities

1. Legal Compliance Requirements

1.1 Regulatory Compliance

You must comply with all applicable laws, regulations, and industry standards in your jurisdiction, including but not limited to data protection laws (GDPR), financial regulations, and professional conduct standards. Failure to maintain compliance may result in immediate termination of services.

1.2 Truthful Information

You are legally obligated to provide accurate, complete, and truthful information in all communications and documentation. Misrepresentation of facts, data, or organizational capabilities constitutes a material breach of this agreement.

1.3 Authorization Requirements

You warrant that you have the legal authority to enter into this agreement on behalf of your organization and that all individuals participating in our services are authorized to access and share relevant organizational information.

2. Conduct Requirements and Prohibited Activities

Required Conduct

Maintain professional standards in all interactions
Respect intellectual property rights and confidentiality
Provide timely responses and feedback as required
Follow security protocols for data handling

Prohibited Activities

Reverse engineering or copying proprietary methodologies
Sharing confidential information with unauthorized parties
Using services for illegal or unauthorized purposes
Attempting to access unauthorized systems or data

3. Age Restrictions and Capacity Requirements

18+

Legal Age Requirement

You must be at least 18 years of age and have the legal capacity to enter into binding agreements. Services are intended for business and professional use only.

Business Entity Authorization

If representing an organization, you warrant that you are duly authorized to act on behalf of that entity and bind it to the terms of this agreement.

4. Indemnification Obligations

You agree to indemnify, defend, and hold harmless DataGuard, its officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your breach of these terms, violation of applicable laws, or misuse of our services. This indemnification obligation survives termination of this agreement.

Liability and Warranties

⚠️ Important Legal Disclaimers

Please read this section carefully as it significantly limits our liability and affects your legal rights.

5. Disclaimer of Warranties

5.1 Service Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

5.2 Results Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES. DATA MANAGEMENT OUTCOMES DEPEND ON NUMEROUS FACTORS BEYOND OUR CONTROL, INCLUDING ORGANIZATIONAL COMMITMENT, EXISTING SYSTEMS, AND IMPLEMENTATION QUALITY.

5.3 Third-Party Disclaimer

WE DISCLAIM ALL RESPONSIBILITY FOR THIRD-PARTY SYSTEMS, SOFTWARE, OR SERVICES THAT MAY BE REFERENCED OR INTEGRATED WITH OUR RECOMMENDATIONS. YOUR USE OF THIRD-PARTY PRODUCTS IS AT YOUR SOLE RISK.

6. Limitation of Liability

6.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DATAGUARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATING TO YOUR USE OF OUR SERVICES.

6.2 Monetary Limitation

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DATAGUARD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR €1,000, WHICHEVER IS GREATER.

6.3 Time Limitation

ANY CLAIM AGAINST DATAGUARD MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO BRING A CLAIM WITHIN THIS PERIOD CONSTITUTES A WAIVER OF ALL CLAIMS.

7. Force Majeure Provisions

DataGuard shall not be liable for any failure or delay in performance under this agreement which is due to circumstances beyond our reasonable control, including but not limited to:

Natural disasters, pandemics, or public health emergencies
Government actions, regulations, or legal restrictions
Labor disputes, strikes, or staff unavailability

Technology failures, cyber attacks, or infrastructure issues
War, terrorism, or civil unrest
Client-caused delays or failure to provide required access

Legal Information and Dispute Resolution

8. Governing Law and Jurisdiction

8.1 Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law provisions. Where applicable, European Union regulations shall take precedence over conflicting national laws.

8.2 Exclusive Jurisdiction

Any legal action or proceeding arising under this agreement shall be brought exclusively in the competent courts of Limassol, Cyprus. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue.

9. Dispute Resolution Procedures

1

Informal Resolution

Before initiating formal proceedings, parties must attempt to resolve disputes through good faith negotiations for a period of thirty (30) days. Written notice of the dispute must be provided to the other party.

2

Mediation

If informal resolution fails, disputes may be submitted to mediation under the Cyprus Chamber of Commerce mediation rules. Mediation costs shall be shared equally between parties.

3

Arbitration (Optional)

By mutual agreement, parties may choose binding arbitration under Cyprus arbitration rules. Arbitration decisions are final and enforceable in any competent court.

4

Litigation

If alternative dispute resolution methods fail, formal litigation may be pursued in the designated courts. The prevailing party may be entitled to reasonable attorneys' fees and costs.

10. Severability and Modification

10.1 Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them enforceable while preserving their original intent.

10.2 Terms Modification Policy

DataGuard reserves the right to modify these Terms and Conditions at any time. Significant changes will be communicated via email or website notice at least thirty (30) days prior to taking effect. Continued use of services after modification constitutes acceptance of revised terms.

Legal Contact Information

For legal matters, disputes, or questions regarding these Terms and Conditions, please contact our legal department:

Legal Email:

info@domain.com

Phone:

+357 25 493 872

Registered Address:

45 Thessalonikis Street
3025 Limassol, Cyprus

Notice Requirements: All legal notices must be sent via certified mail or registered email to the above address. Electronic notices are deemed received upon successful delivery confirmation.