TERMS AND CONDITIONS FOR USING THE TRAINING PLATFORM CYBER DEFENCE EXERCISE PLATFORM (CDEX) PLEASE READ THIS DOCUMENT CAREFULLY. USING THE CYBER DEFENSE EXERCISE PLATFORM (CDEX) MEANS THE ACCEPTANCE OF THE TERMS OF USE INCLUDED IN THIS DOCUMENT, INCLUDING THE LIMITATIONS OF USE INCLUDED IN THIS DOCUMENT. THESE TERMS AND CONDITIONS FOR USING THE CYBER DEFENSE EXERCISE PLATFORM (CDEX) ARE AS EFFECTIVE AS A CONTRACT WITH A PERSONAL SIGNATURE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD DISCONTINUE USING THE CYBER DEFENSE EXERCISE PLATFORM (CDEX). USING THE CYBER DEFENSE EXERCISE PLATFORM (CDEX), IS UNDERSTOOD IN PARTICULAR AS ITS LAUNCHING, PURCHASING AND EXECUTING TRAININGS, USING, DOWNLOADING, ACCESSING OR OTHER USE OR ACQUIRING BENEFITS FROM THE PLATFORM THE CYBER DEFENSE EXERCISE PLATFORM (CDEX) IS PROTECTED BY COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS, AND OTHER PROVISIONS OF COMMONLY APPLICABLE LAW. THE PLATFORM IS LICENSED IN THE SAAS MODEL AND NOT SOLD. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS TO THE CYBER DEFENSE EXERCISE PLATFORM (CDEX) AS A WHOLE AND ITS PARTICULAR ELEMENTS, INCLUDING THE CONTENT, TRAININGS, SCENARIOS, GRAPHICS, WORKS, DESIGNS AND SIGNS AVAILABLE IN ITS FRAMEWORK BELONG TO A SERVICE PROVIDER OR OTHER AUTHORIZED THIRD PARTIES. PROTECTION PROVIDED TO THE PLATFORM INCLUDES ALL THE FORMS OF ITS EXPRESSION. 1. GENERAL PROVISIONS 1.1. These Regulations define binding rules for the use of the Cyber Defense Exercise Platform (CDeX). The Regulations and other documents and information to which it refers define in particular the terms of concluding, providing and terminating contracts, including the agreement on the use of the CDeX Platform; rights and obligations of Clients, Participants and other persons using the CDeX Platform; restrictions on the use of the CDeX Platform; as well as the complaint procedure. This document, as well as the CDeX Platform, are addressed only to entrepreneurs, which means that only a non-consumer entity may be a party to the contract for using it. 1.2. The owner of the CDeX platform is the company VECTOR SYNERGY SPÓŁKĄ Z OGRANIC9ZONĄ ODPOWIEDZIALNOŚCIĄ with the seat in Poznan, address: ul. Marcelińska 90, 60-324 Poznań, NIP PL7811857270, REGON 301575740, registered in the National Court Register, operated by the Regional Court Poznań - Nowe Miasto i Wilda in Poznan, Economic Department VIII, with the number KRS 0000369575, equity of PLN 70,000.00; electronic mail address: info@vectorsynergy.com. 1.3. Definitions used in these Regulations shall be construed as follows: 1.3.1. TECHNICAL DOCUMENTATION – means a document describing the functionality of the CDeX Platform, its elements and method of implementation, the minimum parameters of its availability, required for the proper conduct of Trainings and technical infrastructure requirements for using the CDeX Platform. This document also contains a list of additional software that should be purchased separately in order to ensure proper operation of the CDeX Platform. 1.3.2. BUSINESS DAY – one day between Monday and Friday, excluding public holidays. 1.3.3. CLIENT – Participant who is a party to the agreement on the use of the CDeX Platform. 1.3.4. CIVIL CODE – the act Civil Code, dated 23 April 1964 (Journal of Laws 1964 no. 16, it. 93 with subsequent amendments). 1.3.5. ACCOUNT – Electronic Service available as part of the CDeX Platform which is marked with an individual name (e-mail address) and a password, and forms a collection of resources, information and functionality within the CDeX Platform of the Service Provider enabling the use of the CDeX Platform, including, among others, Training preview, Training management, statistics and results tracking and inclusion and participation in Trainings. Two types of accounts can be established: the Participant's account and the administrator's account. A description of the functionality and services available under the Account is indicated in the Technical Documentation. 1.3.6. COPYRIGHT – the Act, dated 4 February 1994, on copyright and related rights (Journal of Laws of 2006 No. 90, item 631, with subsequent amendments). 1.3.7. CDEX PLATFORM; TRAINING PLATFORM CYBER DEFENCE EXERCISE PLATFORM (CDEX); PLATFORM; CDeX – a unique training platform made available in the SaaS model, which improves the practical skills of specialists responsible for IT infrastructure security in the field of detection and response to cyberattacks. It is a computer program as construed by the Copyright Law, along with other elements that are not a computer program within the meaning of the above Act but form its integral part (including electronic services). 1.3.8. SAAS – "Software as a Service" means a model of providing the CDeX Platform and conducting Trainings using CDeX on the basis of these Regulations, in which the Platform will be launched on the Service Provider's infrastructure, and will be made available to Participants via the Internet. 1.3.9. TRAINING – it means a training session with the use of the Platform, during which Participants take part in the IT simulations of defensive operations of the virtual network infrastructure, in accordance with the previously established Scenario. CDeX by default has two types of scenarios: a) a simple linear scenario for one functionality (e.g. an attack on a mail server); and b) a full cybernetic training ground based on the scenario developed by VS. 1.3.10. SCENARIO – it means a set of settings and planned activities, including a set of scheduled attacks and threats for virtual network infrastructure, creating a set of simulated situations in which Participants will be training using the Platform. 1.3.11. REGULATIONS – these regulations of using the CDeX platform. 1.3.12. SERVICE PROVIDER – the company VECTOR SYNERGY SPÓŁKĄ Z OGRANIC9ZONĄ ODPOWIEDZIALNOŚCIĄ with the seat in Poznan, address: ul. Marcelińska 90, 60-324 Poznań, NIP PL7811857270, REGON 301575740, registered in the National Court Register, operated by the Regional Court Poznań - Nowe Miasto i Wilda in Poznan, Economic Department VIII, with the number KRS 0000369575, equity of PLN 70,000.00; electronic mail address: info@vectorsynergy.com. 1.3.13. LICENCE AGREEMENT, LICENCE – a license agreement for the use of the CDeX Platform concluded between the Customer and the Service Provider. 1.3.14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Participant via the CDeX Platform. 1.3.15. PARTICIPANT – each (1) natural person for whom the use of the Software or the Website is directly related to its business or professional activity (not being a consumer in this case); (2) legal person; or (3) an organizational unit without legal personality, which is granted by law with a legal capacity; - using or intending to use the CDeX Platform as part of an agreement between the Client and the Service Provider. 2. ACCESS TO THE CDEX PLATFORM AND THE TRAININGS 2.1. The only contracting party to use the CDeX Platform is the Customer who has concluded a contract with the Service Provider in this respect. The Customer is obliged to bind all Participants using the CDeX Platform to respect these Regulations and is responsible for compliance with all provisions of these Regulations. 2.2. The condition for using the CDeX Platform under these Regulations is the conclusion of an agreement on the use of the CDeX Platform with the Service Provider and making a payment in accordance with the terms of the contract. In the unregulated area, these Regulations shall apply. 2.3. After concluding the agreement for the use of the CDeX Platform, the Service Provider activates the Client access to the CDeX Platform and provides access to the Account to the Client in accordance with the terms of the concluded agreement on the use of the CDeX Platform. 2.4. Access to trainings carried out on the CDeX Platform in the SaaS model is individualized, which means that neither the Customers who have purchased the access nor the Participants indicated by them can resell it to any third parties. 2.5. The technical requirements necessary to use the CDeX Platform are set out in the Technical Documentation. 2.6. The participant is obliged to use the CDeX Platform in a manner consistent with the law and morality with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The participant is obliged to enter data consistent with the facts. The participant is prohibited from providing unlawful content. 2.7. Discontinuation of using the CDeX Platform during the term of the agreement on the use of the CDeX Platform does not entitle the Customer to receive a refund of payment made for the unused period. 3. CONDITIONS FOR USING THE CDEX PLATFORM, LICENSE 3.1. This item of the Regulations sets out the detailed conditions of use by each Participant of the CDeX Platform. Each Participant using the CDeX Platform, including on the basis of an agreement on the use of the CDeX Platform or on the basis of the Client's authorization granted in accordance with the contract concluded by the Customer for the use of the CDeX Platform, is obliged to comply with these Regulations, including the terms of use of the CDeX Platform. 3.2. Copyrights and intellectual property rights to the CDeX Platform as a whole and its individual elements, including content, graphics, works, designs and characters available within it belong to the Service Provider or other authorized third parties and are protected by the Copyright and other generally applicable laws. The protection granted to the CDeX Platform includes all forms of its expression. 3.3. The participant is prohibited from violating the integrity of the CDeX Platform or its part, in particular by undertaking actions in relation to the CDeX Platform that are not related to the Training Scenario (e.g. hacker attacks on the CDeX Platform itself). The platform cannot be used by the Participant for any activities that violate the generally applicable laws. 3.4. The participant has the right to use the CDeX Platform in a manner consistent with its intended use, with the Technical Documentation, the concluded agreement on the use of the CDeX Platform, these Regulations and in a manner consistent with the law and morality with respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties. 3.5. The Service Provider grants the Customer with a non-exclusive, non-transferable, time-limited, as regards the subject and territory, license to use the CDeX Platform only for the purpose of conducting the Training on the CDeX Platform in accordance with the concluded agreement on the use of the CDeX Platform. 3.6. The Customer may authorize the Participant to use the CDeX Platform in the scope specified in the agreement on the use of the Platform. If the Client authorizes another Participant, the Customer is jointly and severally liable with the Participant for all activities of the authorized Participant using the Platform, and the Participant is treated as a person authorized to act on behalf of the Client without the need to show any powers of attorney within the scope of the granted authorization. 3.7. All rights other than the above which are not expressly granted to the Customer, are reserved by the Service Provider, in particular the Client or Participant is not entitled, in the scope of the license granted to (1) translate, adapt, amend, adapt, modify, increase functionality, change the layout or make any other changes in the Platform or parts of it in a different way than by modifying the Platform's settings with the use of tools and options provided with the Platform, as well as it has no right to authorize any third party to perform any of the above activities; in the event of any errors that require repair in order to secure the use of the Platform in accordance with its intended use, these errors will be notified by the Customer to the Service Provider and therefore the Customer or the Participant authorized by him will not take any action to remedy such errors themselves; (2) decode, decompile, disassemble or perform any other activities aimed at determining the source or binary code of the Platform and create, based on CDeX, any computer programs with CDEX-like use or functions; (3) transfer, grant, license, sublicense, rent, lease, lend or provide for use (benefit) to third parties, directly or indirectly, of the Platform or its copy, as well as the Platform's regulation in a different manner; (4) authorize other persons who do not act on behalf of the Client to use the CDeX, except to authorize Participants to participate in the Trainings conducted by the Customer in the SaaS model; (5) publish or make the Platform or its part available, in any accessible form; (6) permanent or temporary duplication of CDeX – in whole or in part, by any means and in any form; (7) distribute the CDeX Platform or parts thereof, including rental, original or copy; (8) introduce CDeX to the market, including transfers as part of the settlement. 3.8. The structure, organization and source code of the CDeX Platform is a valuable trade secret of the Service Provider and its suppliers. The CDeX platform is also protected by copyright law and through appropriate international agreements. The CDeX platform should be treated like any other work subject to copyright protection. The participant has no right to copy the CDeX Platform or Technical Documentation, except for cases explicitly specified in the Regulations. The Participant undertakes not to increase the functionality of the CDeX Platform, nor to modify, adapt, translate, decode, decompile, disassemble or in any other way try to determine the source code of the Software, except as permitted by the provisions of mandatory binding law. Trademarks must be used in accordance with the applicable law. Trademarks can only be used to determine the printout prepared by the CDeX Platform. Such use of trademarks does not give any proprietary rights to the trademark. The participant does not receive any copyrights to the CDeX Platform. 3.9. The license also includes any upgrades, modified versions, patches, additions and copies of the CDeX Platform. 3.10. The license is granted when you start using the CDeX Platform and make a payment in accordance with the agreement on using the CDeX Platform. The condition for using the CDeX Platform is to accept the terms of these Regulations, the lack of acceptance prevents the use of the CDeX Platform. 3.11. The license is granted for a fixed period in the agreement on the use of the CDeX Platform. 3.12. Analogical protection to the CDeX Platform is provided to the Technical Documentation as relevant. 3.13. The Service Provider stipulates that some elements of the CDeX Platform may be provided by independent producers and may be subject to other terms and conditions than those contained in these Regulations, which the Customer is obliged to observe. 3.14. The Service Provider does not guarantee that the CDeX Platform is free of errors or that the Participant will be able to operate the CDeX Platform without any problems or disturbances. Besides, due to the continuous development of new techniques of hacking and attacking the Internet, the Service Provider does not guarantee that the CDeX Platform or system or network on which the CDeX Platform is installed and used will be free of any susceptibilities to burglary or attacks. 3.15. The Service Provider licenses the Platform in the form in which it was delivered and does not make any implicit or expressed assurances about the usefulness of the Platform for specific applications. 3.16. The Service Provider does not guarantee and cannot guarantee the efficiency or effectiveness of using CDeX. The Service Provider does not guarantee that the Platform is free from defects, faults or errors, or incompatibilities, because such problems are a permanent element of the activity related to the creation and improvement of computer software, therefore it is not possible to predict or eliminate all such situations. 3.17. Due to the above restrictions, the Service Provider is in no case legally responsible to the Customer and any third party for damages arising directly or indirectly as a result of using or not using the Platform, including, among others, damages caused by inability to use, work interruptions and any repetitive, incidental or special damages of any kind, including loss of profits or reduction of costs, regardless of whether it is contractual, tortious or otherwise, even if the Service Provider knew, should have been know or has been informed about the possibility of such damages or claims of third parties. None of the restrictions contained in the Regulations limits the Service Provider's liability for death or loss of health caused by the deliberate act of the Service Provider. 3.18. The total liability of the Service Provider towards the Customer for the performance of the contract for the use of the CDeX Platform, regardless of its legal basis, is limited - both as part of a single claim, and for all claims in total – to the amount corresponding to the amount of remuneration received by the Service Provider in connection with the contract, however, this amount will not be higher than PLN 100,000.00. 3.19. The Service Provider may terminate the contract for the use of the CDeX Platform with immediate effect in the event that the Client or a Participant authorized by the Client does not fulfill or violates the provisions of the Regulations. 3.20. The Service Provider may demand that the Client destroys received technical means (including computer programs), the only purpose of which is to facilitate the unauthorized removal or circumvention of technical security of the CDeX Platform. 3.21. These Regulations do not grant the Client any rights related to the Service Provider's trademarks and service marks. 4. CLIENT, PARTICIPANT 4.1. Each Participant using the CDeX Platform is obliged to comply with these Regulations. 4.2. The Client is also a Participant of the CDeX Platform. The Customer has the option to authorize the Participant to use the CDeX Platform in the scope of access granted to them, including a creation of an Account for the Participant (in the variant for the Participant) on the terms set out in a separate agreement concluded with such Participant. The contract concluded between the Customer and the Participant and the authorization granted, their scope and purpose may not violate these Regulations. The Participant to whom the Client created the Account (in the variant for the Participant) is treated as a person authorized to act on behalf of the Client without the need to show any proxies in the scope of the access granted. 4.3. Creating an Account for the Participant (in the variant for the Participant) may take place on the terms specified in the Technical Documentation. 4.4. The Customer is jointly and severally liable with the Participant for using the Account and the CDeX Platform by the Participant authorized by them, in particular the Customer is obliged to pay all fees incurred in connection with the use of the Account and the CDeX Platform by such Participant. 4.5. The Client who authorizes another Participant to use the CDeX Platform is obliged to bind such Participant to these Regulations and to ensure that they comply with these Regulations. The Customer shall be jointly and severally liable with the Participant for any violation of these Regulations by the Participant authorized by them. 5. LIMITED WARRANTY FOR THE CDEX PLATFORM 5.1. The Service Provider guarantees to the Client that the CDeX Platform will operate essentially in accordance with the Technical Documentation, assuming that the CDeX Platform is used in accordance with these Regulations, Technical Documentation and the recommended hardware configuration. Irrelevant differences in performance of the CDeX Platform in relation to the description in the Technical Documentation do not constitute a right to complaint. This limited warranty does not apply to upgrades, initial (beta) versions of the CDeX Platform, non-resale version (NFR) of the CDeX Platform and trial versions. If the CDeX Platform does not substantially operate in accordance with the Technical Documentation, the total liability of the Service Provider and the only compensation / remedy towards the Customer is, depending on the choice of the Service Provider, repairing the CDeX Platform or refunding the fees paid by the Customer for using the CDeX Platform. The above rights do not preclude the pursuit of claims based on mandatory provisions of law. 5.2. The above limited warranty is the sole and exclusive obligation of the Service Provider and its suppliers in the event of a breach in the terms of the contract for the use of the CDeX Platform. The Service Provider and its suppliers do not guarantee and cannot guarantee the efficiency or effectiveness of using the CDeX Platform. In addition to the provisions of the above warranty, and for any other warranties, conditions, provisions and arrangements, irrespective of whether they may be waived by local legislation, the Service Provider and its suppliers shall not give any warranties, conditions, provisions and arrangements, whether express or implied, established contractually or customarily, and in any other form, including but not limited to possible infringement of third party copyright, integration, satisfaction with quality or usability for specific applications. The provisions of this item do not expire at the end (for any reason) of the contract for the use of the CDeX Platform, which, however, does not give the Customer the right to continue using the CDeX Platform after the contract has been terminated. 5.3. The limited warranty is limited to the use of the Platform by the Customer in accordance with the Regulations and the agreement on the use of the CDeX Platform. Any use of the Platform contrary to the Regulations or the contract or its intended use will be interpreted as waiving the aforementioned guarantee, which should be understood as granting the above warranty provided that the Platform is used in line with the Regulations or the contract for using it. 5.4. The limited warranty does not cover the effects of third parties' actions, defects of computer parts, operating system defects or network software defects used by the customer, temporary power outages or effects resulting from the operation of computer viruses or other computer programs. 5.5. The provisions of this paragraph apply to all updates of the Platform during the term of the agreement on the use of the Platform. 5.6. In relation to this contract for the use of the CDeX Platform, the provisions of the Civil Code are not applicable for defects of goods. 6. LIMITATION OF LIABILITY 6.1. The Service Provider licenses the CDeX Platform in the form in which it was provided and does not make any implicit or explicit assurances about the usability for specific applications. Under no circumstances shall the Service Provider and its suppliers be liable for damages or violations of third party rights caused indirectly or directly by the functioning of the CDeX Platform, including damage caused by inability to use, work interruptions and any repetitive, incidental or special damages of any kind, including loss of profits or reduction of costs, regardless of whether the representative of the Service Provider has been informed about the possibility of such damage, or claims of a third party. None of the restrictions contained in these Regulations limits the Service Provider's liability for death or loss of health caused by the deliberate action of the Service Provider. The Customer expressly confirms the right of the Service Provider to act on behalf of its suppliers only in the scope of exclusion of liability, exclusion or limitation of liability or obligations set out in this section. 6.2. The Service Provider's liability towards the Customer and any third parties, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount corresponding to the remuneration paid for the CDeX Platform contract, however, this amount will not be higher than PLN 100,000.00. The Service Provider is only liable for typical damages predictable at the time the contract is concluded and is not liable for lost benefits. 7. COMPLAINT PROCEDURE 7.1. Complaints related to the operation of the CDeX Platform may be submitted by the Participant within 14 days from the date of the occurrence of the event constituting the basis of the complaint: 7.1.1. in writing to the address: ul. Marcelińska 90, 60-324 Poznań; 7.1.2. in an electronic form to the address: info@vectorsynergy.com; 7.2. The Participant is obliged to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) requests of the Participant; and (3) contact details of the complaining party. Failure to provide the required data may result in the Service Provider not considering the complaint. 7.3. The response to the complaint by the Service Provider takes place immediately, no later than within 30 calendar days from the date of its submission. 8. CONFIDENTIALITY 8.1. The Participant undertakes to maintain strict confidentiality and not to disclose to third parties any technical, financial, technological, commercial and organizational information and know-how of the Service Provider and its suppliers obtained while using the CDeX Platform. 8.2. The obligation not to disclose information related to the conclusion and performance of the Agreement does not apply to information: 8.2.1. which needs to be disclosed by law, 8.2.2. which has been previously made public by the Service Provider or in any other way publicized, 8.2.3. which has been considered by the Service Provider confidential, but in case of which the Service Provider gave its consent in writing to be disclosed. 8.3. The confidentiality obligation is valid for an indefinite period, including when the use of the CDeX Platform is discontinued. 8.4. Information about the Service Provider about which the Participant has been informed or which in connection with the use of the CDeX Platform may not be used by the Participant for purposes other than performing the duties resulting from the Regulations. 9. PERSONAL DATA 9.1. Issues related to the protection of personal data are regulated in the Privacy Policy of the Cyber Defense Exercise Platform. 10. ADDITIONAL PROVISIONS 10.1. The Service Provider has the right to withdraw from the contract for the use of the CDeX Platform concluded with the Customer within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer in relation to the Service Provider. 11. FINAL PROVISIONS 11.1. Agreements concluded between the Customer and the Service Provider are concluded in Polish or English and under the Polish law. 11.2. All disputes regarding these Regulations and agreements for the use of the CDeX Platform will be settled under the Polish law. These Regulations and the agreement are not subject to the provisions of the United Nations Convention on International Sale Agreements of Goods, the application of which is hereby expressly excluded. 11.3. All disputes arising between the Service Provider and the Customer shall be submitted to the court competent for the seat of the Service Provider. 11.4. These Regulations constitute the entire agreement between the Service Provider and the Customer and supersede all previous agreements and written or oral submissions regarding matters contained in these Regulations. 11.5. If any provision of the Regulations turns out to be invalid in whole or in part, the remaining provisions remain in force, and the Service Provider and the Customer undertake at the request of any of them to replace invalid provisions with provisions which legal force and economic effect are the closest to those replaced. 11.6. Change in the Regulations: the Service Provider reserves the right to amend the Regulations. The amended Regulations are binding for the Customer, if the requirements set out by law have been complied with, which means if the Customer has been notified of the changes and has not terminated the contract within 7 calendar days from the date of notification. 11.7. In case of any issues not settled under these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Copyright law, the act on the provision of electronic services, dated 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); and other relevant provisions of the generally applicable law.