Terms & Conditions

1. Scope

These Terms and Conditions govern the use of software products, digital services, platforms, consulting engagements and all other services provided by CypherSys, operated by Ing. Diego Ezequiel Caffese, Arbeitergasse 9/15, 1050 Vienna, Austria (hereinafter "CypherSys", "we", "us" or "our").

By accessing the website cyphersys.at, using our services or entering into a service agreement, you accept these Terms in full. If you do not accept these Terms, you must not use our services.

2. Services

CypherSys provides the following categories of services:

• Cloud infrastructure design, deployment and management
• Cybersecurity consulting, assessment and implementation
• Observability platform setup and management (monitoring, logging, tracing)
• DevOps automation, CI/CD and infrastructure as code
• Software development and custom IT solutions
• Software-as-a-service (SaaS) platforms

The specific scope, deliverables, timelines and pricing of services are defined in individual service agreements, statements of work (SOW) or subscription plans agreed with each client.

3. User Accounts

Where users are required to create an account to access certain services:

• Users must provide accurate, complete and current information
• Users are responsible for maintaining the confidentiality of their login credentials
• Users are responsible for all activities that occur under their account
• Users must notify CypherSys immediately of any unauthorised use of their account
• CypherSys reserves the right to suspend accounts that violate these Terms

4. Acceptable Use

By using CypherSys services, you agree not to:

• Use the services for any unlawful purpose or in violation of applicable regulations
• Attempt to gain unauthorised access to any system, network or data
• Distribute malicious software, viruses or any code designed to harm systems
• Interfere with or disrupt the availability or integrity of our services
• Attempt to reverse engineer, decompile or disassemble any software provided
• Resell, sublicense or transfer access to services without prior written consent
• Use our services to infringe upon the intellectual property rights of others

Violation of this section may result in immediate termination of services and, where applicable, legal action.

5. Payments

Certain services require payment. The following conditions apply:

• Payment terms are specified in the relevant service agreement, subscription plan or invoice
• Invoices are payable within the stated payment period (typically 14 or 30 days)
• Prices are stated exclusive of VAT unless otherwise specified
• Late payments may incur interest charges in accordance with Austrian law
• Subscription services are billed in advance for the relevant period
• Refunds are handled on a case-by-case basis in accordance with the service agreement

6. Intellectual Property

All software, source code, documentation, designs, methodologies and materials created by CypherSys remain the intellectual property of CypherSys unless otherwise explicitly agreed in writing in a separate agreement.

Where custom software or deliverables are developed specifically for a client, ownership terms will be defined in the respective service agreement or statement of work.

The CypherSys name, logo and branding are the property of CypherSys and may not be used without prior written consent.

7. Service Availability

While CypherSys aims to provide reliable, high-availability services, we cannot guarantee uninterrupted or error-free operation of all services at all times. Scheduled maintenance, unforeseen technical failures or circumstances beyond our control may result in temporary service interruptions.

Where service level agreements (SLAs) are included in a service contract, the terms of that SLA shall govern availability commitments and remedies.

8. Limitation of Liability

To the fullest extent permitted by applicable Austrian law:

• CypherSys shall not be liable for indirect, incidental, special or consequential damages arising from the use of our services
• CypherSys's total liability for any claim shall not exceed the total amount paid by the client to CypherSys in the three months preceding the claim
• CypherSys shall not be liable for damages caused by circumstances beyond our reasonable control (force majeure)

This limitation does not apply to liability for damages caused by gross negligence or wilful misconduct, or to liability that cannot be excluded under mandatory Austrian law.

9. Confidentiality

Both parties agree to treat as confidential all information disclosed in connection with the services that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Confidentiality obligations shall survive the termination of the service relationship for a period of three (3) years.

10. Termination

Either party may terminate a service agreement in accordance with the notice period specified in the individual contract (typically 30 days written notice for ongoing services).

CypherSys reserves the right to immediately suspend or terminate access to services if:

• The client materially breaches these Terms or the service agreement
• The client fails to make payment when due
• Continuation of service would violate applicable law

Upon termination, clients remain responsible for any outstanding payments for services rendered.

11. Changes to Terms

CypherSys reserves the right to update these Terms and Conditions at any time. Changes will be published on this page with an updated effective date. Continued use of our services after the effective date of changes constitutes acceptance of the updated Terms.

For existing clients with active service agreements, material changes to Terms will be communicated directly by email with at least 30 days' notice.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Austria, excluding its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13. Jurisdiction

The competent courts in Vienna, Austria shall have exclusive jurisdiction over any disputes arising from or in connection with these Terms and Conditions or the services provided by CypherSys, unless mandatory law provides otherwise.

14. Contact