GDPR Policy
Preamble
1. OBJECT
This agreement defines the rights and obligations of the parties regarding the use of the "Free" offer provided through the Eunoia Security Hub service. It outlines the conditions under which the Service is made available, details the inherent limitations of a free offering, and establishes the scope of the rights granted to the user.
The object of this agreement is to provide a clear framework for the access and use of the Service, ensuring that users understand the specific features and restrictions associated with the "Free" offer. It also specifies that the Service is provided without enhanced guarantees, such as dedicated service level agreements (SLAs), contractual support, or personalized assistance.
By accepting these terms, the user agrees to utilize the Service in accordance with the provisions outlined herein, recognizing that the free nature of the offer entails certain limitations and that the user remains responsible for ensuring that the Service meets their specific requirements, including any relevant regulatory obligations.
2. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
-EUNOIA: The company providing the Eunoia Security Hub service under the terms of this Agreement.
-Service: The Eunoia Security Hub platform and its associated functionalities, as provided under the "Free" offer.
-Free offer: The free plan of the Eunoia Security Hub service, giving users access to core features without enhanced guarantees, enterprise support, or data migration provisions.
-Client: The legal entity or individual who registers for and uses the Service under the terms of this Agreement.
-User / Client: Synonymous with Client; it designates any person or entity accessing and using the Service as defined herein.
-Agreement: This contract, including all its sections and annexes, which governs the use of the Service.
-Commercial Offerings: The paid offerings of EUNOIA that provide additional guarantees, dedicated support, and enhanced security features beyond those provided under the Free offer.
-Data migration: Any process intended to transfer data from one service offering to another. Under the Free offer, no data migration provisions are provided.
3. EFFECTIVE DATE, DURATION AND AMENDMENTS TO THE TERMS
This Agreement becomes effective upon activation of the User’s account under the "Free" offer on the Eunoia Security Hub platform and remains in force for as long as the User maintains an active account, subject to the conditions herein.
If a User’s account remains inactive for six (6) consecutive months, EUNOIA reserves the right to automatically delete the associated data and terminate the Service. Where technically feasible, EUNOIA may send one or more notice emails prior to deletion to the contact email address provided by the Client. The Client remains solely responsible for keeping such contact details accurate and up to date.
EUNOIA may amend these Terms from time to time. In the event of any amendment that materially alters the rights or obligations of the parties, EUNOIA shall provide a minimum notice period of thirty (30) days before such changes take effect. During this notice period, the User shall have the opportunity to review the modifications and, if the amended Terms are unacceptable, export their data and discontinue the use of the Service.
Continued use of the Service after the notice period will constitute acceptance of the revised Terms.
Detailed provisions regarding suspension or termination of the Service due to security or intellectual property concerns, as well as other breaches of these Terms, are set forth in Suspension and Termination.
4. DESCRIPTION OF THE SERVICE – CONDITIONS OF ACCESS
The Service provided under the "Free" offer consists of the Eunoia Security Hub platform, designed to deliver a robust and reliable level of security to users at no cost. This section outlines the functional characteristics of the Service and the conditions governing its access.
4.1 Service description
The Eunoia Security Hub enables users to access a suite of security functionalities intended to help them evaluate and enhance the security of their systems. The free "Free" offer delivers a solid, industry-standard level of security that meets essential protection requirements. For users with more demanding needs, enhanced security features and additional guarantees are available with EUNOIA’s paid offerings.
4.2 Access conditions
Access to the Service is granted subject to EUNOIA's approval. EUNOIA reserves the right to accept or deny any access request at its sole discretion and without any obligation to provide a reason for such a decision. Users are required to register for an account and comply with the terms set forth in this Agreement. By registering, the user acknowledges that the Service is offered on a free basis and agrees to the limitations inherent in such an offer. Additionally, EUNOIA reserves the right to refuse access to any entity that, in its sole discretion, may constitute a conflict of interest or be engaged in activities that could benefit competitors.
4.3 Service limitations
The "Free" offer does not include enhanced service level agreements (SLAs), dedicated contractual support, or personalized assistance. Instead, support is provided on a community basis (e.g., through forums or other community platforms) without any guarantee of response time or resolution of issues.
4.4 Usage restrictions
Users must adhere to all applicable terms and conditions when accessing the Service. Any misuse, including but not limited to activities that may compromise the security of the platform, will be considered a breach of this Agreement and may result in suspension or termination of access as detailed in Suspension and Termination.
4.5 Geographical restrictions
Access to and use of the Service is not authorized from any country, territory, person or entity subject to French and/or European Union restrictive measures (sanctions). By accessing the Service, the Client represents and warrants that it is not located in, nor accessing the Service from, any such restricted country or territory and that it is not listed, nor acting on behalf of any person or entity subject to such restrictive measures. EUNOIA reserves the right to block, suspend or deny access to the Service where it reasonably believes that such restrictions apply.
5. ENGAGEMENTS OF EUNOIA SECURITY
This section outlines the commitments made by EUNOIA regarding the security of the Service. While EUNOIA employs standard security measures to protect the platform, the "Free" offer does not include enhanced guarantees typically found in paid services.
5.1 Security measures
EUNOIA implements industry-standard security protocols and best practices to protect the Service and its underlying infrastructure. These measures include, but are not limited to, routine system monitoring, regular software updates, and secure data transmission methods. The primary purpose of the "Free" offer is to allow users to access and experience the core features of the Eunoia Security Hub solution.
5.2 Limitations of guarantee
The Service is provided “as is” with respect to security and availability, supported by industry-standard measures. While EUNOIA implements comprehensive security protocols to protect the Service, no additional enhanced guarantees are provided under the “Free” offer. In particular, no service level agreement (SLA), uptime commitment, or dedicated support is included. The Free Service is provided without any obligation of result and without any indemnification. EUNOIA disclaims any implied warranties of merchantability, fitness for a particular purpose, or uninterrupted availability of the Service. Furthermore, EUNOIA shall not be liable for any direct, indirect, incidental, or consequential damages arising from bugs, incidents, data loss, unavailability, or any other issues related to the Service.
5.3 Community support
Under the "Free" offer, support is provided on a community basis. This means that there is no dedicated Service Level Agreement (SLA) for security response times, nor personalized technical support or consulting services related to security issues. Users benefit from a collaborative support environment through forums and other community channels, including the Eunoia Security Community Discord (https://discord.gg/jChRZhtM)
5.4 Security audit
External audits, penetration tests, security questionnaires, or any form of technical or organizational assessment of the Eunoia Security Hub platform are not permitted under the "Free" offer.
5.5 Security incident reporting
All security incidents must be promptly reported to support@eunoia-security.com
5.6 Confidentiality policy
Confidentiality policy related this offer is available here. It is the user's responsibility to read the latest online version of the privacy policy. If the user does not agree with it, they may retrieve the data generated and delete it. After 6 months of inactivity, the environment provided by EUNOIA will be deleted.
6. ENGAGEMENTS OF THE CLIENT
This section outlines the responsibilities and obligations of the client when using the Eunoia Security Hub Service under the "Free" offer.
6.1 Compliance with the terms
The client agrees to use the Service strictly in accordance with this Agreement and all applicable laws and regulations. Any actions that breach these terms or jeopardize the security or operation of the Service may lead to suspension or termination, as detailed in Suspension and Termination.
6.2 Usage restrictions
The client is prohibited from performing any unauthorized activities, including intrusive testing (e.g., penetration tests), that could compromise the security or integrity of the Service. The client must refrain from any conduct that might indirectly facilitate unauthorized access or enable competitors to benefit from the Service.
6.3 Regulatory and data responsibility
It is the client’s sole responsibility to ensure that the use of the Service aligns with their internal security requirements and any regulatory obligations (including data protection regulations). The client must regularly assess and verify that the Service meets the specific security and compliance needs related to the sensitivity of their data.
6.4 Account and data management
The Client is obligated to maintain accurate and up-to-date contact information on the platform. Failure to update contact details may result in the Client not receiving critical notifications (such as changes to these Terms or service suspension notices), and EUNOIA shall not be held liable for any data loss arising from such circumstances. The Client is responsible for exporting its data if it decides to discontinue the use of the Service.
6.5 Loyalty commitment
The Client undertakes not to exploit, directly or indirectly, the information, functionalities, or know-how acquired through the use of the Service to develop or offer a competing solution. This obligation is designed to protect EUNOIA’s intellectual property rights, as detailed in Section INTELLECTUAL PROPERTY.
6.6 Exclusivity of the Free offer
The "Free" offer is strictly limited to a single use per legal entity. Any attempt to create multiple accounts or bypass this restriction will be considered a breach of this Agreement and may result in the immediate suspension or termination of the Service, in accordance with the provisions of Section SUSPENSION AND TERMINATION.
6.7 Exclusivity and non-concurrence at registration
The Service must not be accessed or used, directly or indirectly, by any entity offering or intending to offer a competing solution, whether commercial or open-source. By registering, the user declares not to act on behalf of, nor to be employed by, a company offering or intending to offer a competing solution. Any breach will result in immediate suspension of the Service and potential legal action.
7. FINANCIAL CONDITIONS
This section outlines the financial terms applicable to the "Free" offer of the Eunoia Security Hub Service.
7.1 Free of charge
The "Free" offer is provided to the Client at no cost. No subscription fees or financial commitments are required for the use of the Service under this offer.
7.2 No additional financial obligations
The Client shall not incur any charges for standard access, basic functionality, or community-based support provided as part of the "Free" offer. Any enhancements or additional services beyond the scope of this free offer will be subject to a separate, mutually agreed commercial arrangement.
7.3 Commercial upgrades and enhanced Services
The Free offer is designed to provide Users with access to the Eunoia Security Hub’s core features, within the limits and restrictions set forth in this Agreement. It does not include any provisions for migrating data to EUNOIA’s paid offerings.
8. INTELLECTUAL PROPERTY
This section sets forth the terms regarding intellectual property rights related to the Service and outlines the user’s obligations to protect EUNOIA’s proprietary interests.
8.1 Ownership of intellectual property
All intellectual property rights in and to the Eunoia Security Hub—including software, design, documentation, and any related materials—remain the exclusive property of EUNOIA. The user is granted a non-exclusive, non-transferable, and revocable license to use the Service solely in accordance with the terms of this Agreement.
8.2 User restrictions
The user is strictly prohibited from:
• Reproducing, copying, modifying, reverse-engineering, or otherwise attempting to derive the source code or internal structure of the Service;
• Distributing, disclosing, or otherwise providing any part of the Service to any third party, including direct or indirect provision to a competitor;
• Utilizing the Service in any manner that could compete with or undermine EUNOIA’s proprietary interests.
• Accessing or using the Service, directly or indirectly, if representing an entity offering or intending to offer a competing solution, whether commercial or open source.
Any breach of these restrictions shall be deemed a material violation of this Agreement. In the event of non-compliance, EUNOIA reserves the right to pursue all available legal remedies, including, without limitation, injunctive relief and claims for damages.
8.3 Legal remedies
In the event of a breach of the obligations set forth above, EUNOIA reserves the right to pursue all available legal remedies, including seeking injunctive relief and monetary damages. The user acknowledges that unauthorized use or disclosure of EUNOIA's intellectual property may cause significant harm, and that monetary damages may be inadequate to compensate for such harm. Consequently, the user agrees to indemnify and hold harmless EUNOIA from any losses or damages arising from any such violations.
9. PERSONAL DATA AND GPDR COMPLIANCE
This section describes the principles and conditions regarding the processing of personal data, in compliance with applicable data protection regulations, and addresses the potential involvement of third parties in the provision of the Service.
9.1 Data processing and compliance
EUNOIA processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). EUNOIA acts as data controller for the personal data necessary to create and manage User accounts, to set up the EUNOIA Security Hub environment, to handle billing, and for its own business development and communication activities. For all information and data introduced by the Client into the Service (including but not limited to assets, risks, controls or compliance data), the Client remains data controller, with EUNOIA acting solely as a data processor, providing technical hosting and processing capabilities. The processing of personal data is further detailed in EUNOIA’s Privacy and GDPR Policy, available at https://www.eunoia-security.com/en/rgpd.
9.2 Data hosting and subcontracting
The Service is hosted within the European Economic Area (EEA). However, certain elements of the Service may be operated by third-party subcontractors located outside the EEA. In such cases, EUNOIA commits to ensuring that these subcontractors adhere to data protection standards equivalent to those mandated by applicable law.
9.3 Client responsibility
The Client remains solely responsible for the personal data it processes through the Service and must independently ensure compliance with its internal data protection policies and applicable regulations. Any transfer or processing of personal data conducted by EUNOIA through its subcontractors does not relieve the Client of its responsibility for compliance.
9.4 Exercising data subject rights
Any request to exercise rights under applicable data protection laws must be submitted to dpo@eunoia-security.com.
9.5 Authorization and data usage
By using the Service, the Client authorizes the processing of the data provided solely for the purpose of delivering and supporting the Service, in accordance with applicable data protection laws, including the GDPR. Acceptance of these Terms by using the Service shall be deemed as granting such authorization. The data supplied by the Client shall be processed exclusively for the purpose of facilitating the use of the Service. The Client’s corporate name may be included in EUNOIA’s list of client references solely for corporate communication and marketing purposes, unless the Client objects in writing at any time. Such objection shall be applied within a reasonable timeframe. Moreover, the contact details of the individuals who have subscribed to this Agreement may be used by EUNOIA for commercial and marketing communications, in compliance with applicable regulations and subject to the right to opt out at any time.
9.6 Marketing communications
The contact details of the individuals who have subscribed to this Agreement may be used by EUNOIA for commercial and marketing communications, in compliance with applicable regulations and subject to the right to opt out at any time.
10. REVERSIBILITY
This section outlines the rights of the user to retrieve and export their data from the Service, as well as the available support options for this process.
10.1 Data export rights
The user retains the right to export or retrieve any data stored within their account at any time during the term of this Agreement. This right ensures that, should the user decide to discontinue the use of the Service, they can recover their data without restriction.
10.2 Data export procedure
The user is primarily responsible for initiating and executing the export of their data using the self-service tools provided on the platform. EUNOIA will ensure that the necessary access for data retrieval is available to the User.
10.3 Assistance with data export
While the "Free" offer includes basic self-service capabilities for data export, additional assistance may be provided under a separate paid engagement. Users requiring further support in the data export process are encouraged to contact the EUNOIA Sales Team to discuss available paid service options.
10.4 Data restoration limitations
EUNOIA shall not provide any restoration services tailored to the individual needs of the client. Data restoration will only be performed in the event of a service failure. In all other circumstances, the client is responsible for maintaining appropriate backups and performing necessary restoration procedures using the available self-service tools.
11. SUSPENSION AND TERMINATION
This section details the circumstances under which EUNOIA may suspend or terminate access to the Service, the procedures for such actions, and the rights of the user regarding data export and notification.
11.1 Grounds for suspension or termination
Breach of Terms: EUNOIA may suspend or terminate the Service if the user fails to comply with any provision of this Agreement. Security Concerns: In the event that the Service’s security or EUNOIA’s intellectual property rights are compromised, or if there is a reasonable possibility of such compromise, EUNOIA reserves the right to suspend or terminate the user’s access. Disruptive Behavior: Any activity that disrupts the normal operation of the Service or undermines the security and integrity of the platform may result in immediate suspension or termination.
11.2 Notice and grace period
In cases where suspension or termination is warranted, EUNOIA will notify the affected user. A notice period of up to three (3) months may be provided, during which the user is required to export and back up their data. Should the user fail to act within the notice period, EUNOIA may either disable access to the Service (while still allowing data retrieval) or proceed with full termination and deletion of the user’s account and associated data.
11.3 User-initiated termination
The user may terminate this Agreement at any time by ceasing to use the Service. Continued use of the Service following any modifications to this Agreement constitutes acceptance of the revised terms.
11.4 Immediate suspension for IP and competing use breaches
In the event that the Client fails to comply with the obligations set forth in the INTELLECTUAL PROPERTY section—particularly those prohibiting the use of the Service to develop or offer a competing solution—EUNOIA reserves the right to suspend the Service immediately without prior notice. In such cases, the Client will have three (3) months to export and secure their data. Should the Client fail to retrieve their data within this grace period, EUNOIA may proceed with the complete deletion of the Client's environment.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of France. Any dispute arising out of or in connection with this Agreement shall fall under the exclusive jurisdiction of the competent courts of Paris, France.