1. Introduction
These general terms and conditions ("General Terms and Conditions" or "GT&Cs") govern the provision of the Safeonweb app and the services related thereto.
The Safeonweb app and its related services are offered by the Belgian Centre for Cybersecurity ("CCB", as further defined below) or, as the case may be, its subcontractors. The Safeonweb app primarily allows its Users (as defined below) to receive alerts about cyberthreats in Belgium.
Please read these General Terms and Conditions carefully before registering or using the Safeonweb app and keep them for Your records. By fully installing, registering, using and/or accessing the Safeonweb app, You confirm that You (as defined below) are legally bound by these General Terms and Conditions, as amended from time to time. Should You disagree with any of these General Terms & Conditions, please refrain from or cease installing, using or accessing the Safeonweb app and the services related thereto.
Please bear in mind that the use of certain functionalities offered by the Safeonweb app may be subject to additional terms and conditions governing related services. Please consult the relevant terms and conditions for any questions regarding these.
These General Terms and Conditions are available in English, French, Dutch and German. All language versions have the same legal value.
2. Definitions
The capitalised terms in these General Terms & Conditions shall have the following meaning:
- Agreement, General Terms and Conditions, GT&Cs: The present General Terms and Conditions (including the corresponding Privacy Policy) between You, as the User, and CCB
- General Alerts: The notifications provided by the Safeonweb app regarding cyber threats in Belgium.
- Belgian Centre for Cybersecurity, CCB: The Belgian Centre for Cybersecurity, a federal agency of the Belgian government directly under the authority of the Belgian Prime Minister, having its seat at Wetstraat 18/Rue de la Loi 18, 1000 Brussels, Belgium.
- User, You, Your: You, in your capacity as the user of the Safeonweb app.
- Safeonweb app: The application offered by CCB, as described below, for Android or iOS mobile devices (i.e. mobile phones, tablets or any similar device that may become available).
3. Description of the Safeonweb app
3.1. General – Scope of the Safeonweb app
The Safeonweb app is a mobile application for Android and iOS mobile devices allowing its Users to be informed of potential IT security risks and vulnerabilities. The Safeonweb app will send You General Alerts for cyber threats in Belgium. The Safeonweb app is provided free of charge.
3.2. General Alerts
General Alerts are threats active in Belgium and are not specific to Your IP address. You will receive General Alerts in a pop-up message and in the Safeonweb app itself.
4. Obligations of the parties
4.1. Your obligations
When using the Safeonweb app, You must strictly adhere to these General Terms and Conditions.
You may not use the Safeonweb app or any of the services provided by CCB or its subcontractors as a means of performing any illegal activities, including, but not limited to, (attempted) hacking, system exploitation, denial of service attacks, sniffing, etc.
You may not use the Safeonweb app to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, content, offers, experiences, products or services provided by CCB or obtained through the Safeonweb app without obtaining CCB's express prior written consent. This restriction includes any attempt to incorporate any information from the Safeonweb app into any other directory, product or service.
4.2. CCB's obligations
Safeonweb shall use commercially reasonable efforts to ensure the continuity of the availability of the Safeonweb app and the related services. However, it may suspend access to the Safeonweb app, without notice or compensation, for the purpose of maintenance or for any urgent circumstances (including in the event of fraud or suspicion or risk of fraud).
Even though CCB will in principle notify You as soon as reasonably possible of any interruption, CCB cannot be held liable for any damages resulting from the absence of or delay in such notification.
5. Privacy
5.1 Processed personal data
In order to provide you with the Safeonweb application, the CCB processes the following personal data:
- Technical data such as the IP address and technical identification tokens.
5.2 Reasons for the processing of personal data
The CCB processes the following personal data for the following purposes:
- Your technical data: it is necessary for the performance of this contract as it is processed for the purpose of providing the Safeonweb application. The CCB is also entitled to use this personal data for its own legal defence. This personal data is stored for the duration of this contract. In the event of a legal dispute with the CCB, the CCB may retain this personal data until the expiry of the statutory limitation period.
6. Intellectual property
6.1. General
CCB and its licensors are the owner(s) or beneficiary(ies) of all intellectual property rights and know-how associated with the Safeonweb app. All copyrights, database rights and software rights in all material contained on or in or available through the Safeonweb app, including all information, data, text, music, sound, photographs, graphics and video messages and all source codes, software compilations and other material, are owned by CCB or its licensors.
6.2. Licence for the Safeonweb app
CCB grants You – for the term of the Agreement – a non-transferable, non-sub-licensable, royalty-free, worldwide, non-exclusive licence to use the Safeonweb app for Your own personal purposes in accordance with these General Terms and Conditions. This licence shall include any future updates that may be made available to You, provided that You understand and accept that such updates may be subject to other pricing arrangements and additional terms and conditions in respect of which You will be notified when such updates are made available.
Without prejudice to Your rights regarding the protection of computer programs, You may not:
- modify, translate or adapt any of the components of the Safeonweb app (including any software associated with it) in any way;
- decompile or disassemble any of the components of the Safeonweb app (including any software associated with it) in any way;
- copy any of the components of the Safeonweb app (including any software associated with it) in any way, except to make a back-up copy;
- transfer, dispose of, sub-license, lease, lend or distribute, in any way, any of the components of the Safeonweb app (including any software associated with it) or its documentation to third parties;
- merge the Safeonweb app or any component thereof into any other programs or create derivative works based on any component of the Safeonweb app;
- use the Safeonweb app, in whole or in part, or any confidential information relating thereto to create software that is functionally equivalent to the Safeonweb app or any part thereof;
- use the Safeonweb app in a way that may lead to the encouragement, procurement or performance of any unlawful or criminal activity or any activity which may cause any harm or injury to any person; and/or;
- remove, obscure or alter proprietary rights notices (including trademarks and copyrights notices) which may be affixed to or contained within the Safeonweb app;
CCB reserves the sole right to correct any errors in the software or documentation.
Nothing contained in the Safeonweb app shall be construed as granting any licence or right to make commercial use of any trademark, intellectual property right or copyrighted material of CCB or its licensors without their prior written permission.
Should the Safeonweb app contain elements of intellectual property belonging to third parties, CCB shall arrange for such third party to grant You the necessary use rights.
6.3. Indemnification
You hereby undertake to immediately inform CCB of any claim from any third party based on an alleged breach by CCB of the intellectual rights of third parties as well as to provide all information and support related thereto. You hereby grant CCB the right to conduct any legal proceedings and negotiations in connection with such a claim. In the event of such a claim, CCB may, at its sole discretion (i) adapt the allegedly infringing component of the Safeonweb app or the related services in order to remedy the alleged breach; (ii) obtain the right, on Your behalf, to continue using the relevant component; or, should CCB be of the opinion that neither of those options can reasonably be achieved, (iii) terminate the Agreement. The foregoing shall be Your sole and exclusive remedy in the event of a breach of a third party's intellectual property rights through Your use of the Safeonweb app.
7. Term and termination
This Agreement is entered into for an unlimited term. Therefore, You may at any time terminate this Agreement with immediate effect, without being entitled to any compensation.
CCB may at any time terminate this Agreement or any of the services relating to the Safeonweb app, without owing any compensation, after giving You one (1) month’s prior notice of such termination.
Without prejudice to its other rights under law or under this Agreement, CCB may at its own discretion terminate this Agreement with immediate effect, suspend the performance of this Agreement, or deny or restrict Your access to the Safeonweb app at any time if You breach this Agreement (including if You use the Safeonweb app in any way that is contrary to these General Terms and Conditions).
CCB may also suspend the execution of this Agreement or deny or restrict access to the Safeonweb app at any time:
- if CCB becomes aware of facts that jeopardise the relationship of trust between You and CCB or that harm or threaten to harm CCB's reputation;
- in the event of a reasonable suspicion of fraud or a risk of improper or fraudulent use of the Safeonweb app;
- in the event of technical issues; or
- for any other objective security reason.
Upon termination of the use of the Safeonweb app, these General Terms and Conditions, including all rights and licences granted hereunder, shall be terminated except for Articles 8 and 10.3 below.
Liability
8.1. Your liability
You may be held liable to indemnify CCB, its subcontractors or any third party for any damages suffered by them (including, without limitation, reasonable attorneys' fees) as a result of: (i) Your violation of this Agreement; (ii) Your misuse of the Safeonweb app; or (iii) Your violation or infringement of copyright or other intellectual property rights or other rights of third parties in the context of the Safeonweb app.
8.2. Exclusion and limitation of CCB's liability
Exclusions of liability
CCB's duties and responsibilities under this Agreement are limited to those expressly set forth and undertaken herein. CCB is therefore not liable for any loss (i.e. loss, liability, cost, claim, damages, fees, charges and expenses, including all legal and other professional fees and disbursements), whether direct or indirect, arising from:
- the malfunctioning of Your mobile device or of the telecommunication services, or, in general, of any third-party software or hardware;
- any reason beyond CCB’s control (including cases of Force Majeure). For the purposes of the Agreement, Force Majeure shall mean any unforeseen event which is beyond the reasonable control of CCB or which may not be reasonably avoided and which prevents or delays performance, by CCB or any person acting on its behalf, of any of its obligations under this Agreement, including natural disasters, outbreak or escalation of hostilities (whether or not war has been declared), hacking or internet attack that could not be prevented with reasonable security measures, any other unlawful act against public order or authority, unpredictable acts of the authorities, strike or other labour dispute, government restraint, power or communications disruption, suspension of payments, or insolvency, receivership, administration, bankruptcy or liquidation of any third party;
- negligent, illegal, unethical, fraudulent or criminal acts or omissions on the part of any third party;
- hacking and/or the spread of computer viruses, bugs or any other malware, malfunctions or errors.
Limitation of liability
Without limiting the foregoing, under no circumstances shall CCB or its subcontractors be liable for:
- any indirect, incidental or consequential loss, including but not limited to loss of or damage to clientele, loss of data, loss of earnings, loss of profits, disruption of business, claims from third parties, loss of reputation or loss of expected savings, even if CCB was advised or was otherwise aware or should have been aware of the possibility or likelihood of such losses, regardless of whether the cause of action is in contract or in tort (including negligence) or otherwise, and regardless of whether any limited remedy provided hereunder is deemed to fail in its essential purpose;
- any direct loss other than a loss caused exclusively by CCB’s own wilful misconduct, except in the case of death or physical injury.
To the maximum extent permitted by law and notwithstanding any provision contained in the Agreement to the contrary, the aggregate liability of CCB under the Agreement for any and all losses suffered or incurred by You shall not exceed €50.
This article applies regardless of the legal grounds or nature of the claim
9. Disclaimer of warranties
9.1. General
While CCB uses reasonable efforts to ensure that all information and documentation relating to the Safeonweb app is correct, it does not guarantee the accuracy, completeness or authenticity of any information, and neither CCB nor its subcontractors assume any responsibility or liability for this.
The Safeonweb app and each of its components are provided on an “as-available” and “as-is” basis. All warranties, express or implied, are hereby disclaimed, including any warranty of merchantability, title/non-infringement, quality of information, or fitness for a particular purpose. No information obtained by You from CCB or its subcontractors shall create any warranty not expressly stated herein. Without limitation and to the extent legally possible, CCB and its subcontractors disclaim all warranties regarding the availability of the Safeonweb app or related software, except those warranties expressly stated in the Agreement, or regarding the fact that they will operate error-free, that defects will be corrected, or that the software is free of viruses or other harmful components. Your use of the Safeonweb app is at Your own risk; any content downloaded or otherwise obtained through the Safeonweb app is provided at Your own risk and You are solely responsible for any damage to Your computer system that may result from use of the Safeonweb app, including, without limitation, damage resulting from computer viruses.
9.2. Specific disclaimer of warranty
Without prejudice to the generality of the foregoing, CCB, including its subcontractors, disclaim any and all warranties in relation to the following:
No guarantee regarding the error-free operation of the Safeonweb app
CCB cannot guarantee the continuous, uninterrupted or error-free operation of the Safeonweb app. The Safeonweb app may be delayed, unavailable or inaccurate from time to time due to a variety of factors, including location, internet connection speed, technical reasons, maintenance, or updates.
No guarantee regarding the accuracy of Alerts or third-party content
You understand that any information provided to You as part of an Alert originates from Databases provided by third parties. CCB therefore provides no guarantee and assumes no liability as regards the accuracy of such Alerts or Your use of the information provided in such Alerts.
More generally, the Safeonweb app may contain third-party content and links to other websites that are completely independent from CCB. Third-party content and links are included solely for the convenience of users and do not constitute an approval, endorsement or warranty on CCB’s part. CCB is therefore not responsible for the accuracy, completeness, or reliability of third-party information, nor for the products or services offered or sold through any linked website. In this respect, You assume sole responsibility for the use of third-party information.
9.3. No liability for any recommendations provided by the Safeonweb app or CCB
To enable You to improve the security of Your Network, the Safeonweb app or CCB's website might provide You with information on how the security of Your Network might be improved or how the threat indicated in the Alert could be addressed. You understand, however, that the information provided is generic information and is often provided by third parties. CCB therefore assumes no liability for the accuracy of such information or for damages resulting from the use of such information. Furthermore, CCB does not guarantee that implementing the instructions provided in such information will eliminate the security threat indicated in the Alert concerned.
10. General provisions
10.1. Entire Agreement
Except as provided herein, these General Terms and Conditions and the Privacy Policy constitute the entire agreement between You and CCB with regard to to the Safeonweb app.
10.2. Changes
CCB may at any time change this Agreement, after giving You one (1) month’s prior notice thereof. You will be informed of any amendment through the app or through another channel to which You have access.
CCB reserves the right to change or modify content, materials or information appearing on or in connection with the Safeonweb app, or to discontinue the services related to the Safeonweb app at any time after giving You reasonable notice. CCB may add, change or cancel certain services.
10.3. Applicable law and jurisdiction
These General Terms and Conditions shall be governed by and interpreted in accordance with Belgian law. Subject to applicable consumer law provisions stating otherwise, any dispute arising out of or in connection with these General Terms and Conditions or the Safeonweb app shall be submitted to the exclusive jurisdiction of the courts of Brussels.
