Terms of Service

For the purpose of these Terms:

• "Service" refers to the NIS 2 Compliance Check assessment service, website, and related offerings.
• "Company," "we," "us," or "our" refers to NIS 2 Compliance Check.
• "You" refers to the individual or organization accessing or using the Service.
• "Content" refers to information, data, text, documents, and other materials uploaded, downloaded, or appearing on the Service.
• "Report" refers to the gap analysis document and related materials generated by the Service.
• "NIS 2 Directive" refers to the European Union's Network and Information Security (NIS 2) Directive.

By accessing or using our Service, you confirm that:

• You have read, understood, and agree to be bound by these Terms.
• You have the authority to enter into this agreement personally or on behalf of the entity you represent.
• You are at least 18 years of age.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to both you and that organization.

NIS 2 Compliance Check provides a gap analysis service to help organizations assess their compliance with the NIS 2 Directive. Our Service includes:

• A questionnaire to gather information about your organization's security practices.
• Technical security scans of specified systems (with your explicit consent).
• A gap analysis report highlighting areas of compliance and potential issues.
• Recommendations for remediation steps.

While our Service is designed to help you identify gaps in your NIS 2 compliance, we do not guarantee complete compliance with the NIS 2 Directive or any other regulations. The Service is intended as a tool to assist your compliance efforts but is not a substitute for legal or professional compliance advice.

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms and may result in immediate termination of your account.

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use of your account or any other security breach.

We will not be liable for any loss or damage arising from your failure to comply with this section.

The use of our Service requires payment of a one-time fee as specified on our website. Payment must be made prior to receiving your final report.

All payments are processed through secure third-party payment processors. By providing payment information, you represent and warrant that:

• You have the legal right to use the payment method you provide.
• The payment information you provide is true, correct, and complete.

Prices are subject to change, but changes will not affect prior purchases. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

We offer a limited refund policy under the following conditions:

• If you have not yet completed the questionnaire or initiated the security scan, you may request a full refund within 48 hours of purchase.
• If our Service experiences a significant technical failure preventing the delivery of your report, you may be eligible for a full or partial refund at our discretion.

To request a refund, please contact info@nis2compliancecheck.com with your order details and reason for the refund request.

We do not offer refunds if:

• You have already received your compliance report.
• You are dissatisfied with the findings or recommendations in the report.
• You have provided inaccurate or incomplete information in the questionnaire.

7.1 Our Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of NIS 2 Compliance Check and its licensors. The Service is protected by copyright, trademark, and other laws of both the European Union and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7.2 Report Ownership

Upon payment in full, you will own the specific report generated for your organization. However, we retain ownership of:

• The underlying methodology, algorithms, and assessment framework.
• Anonymized or aggregated data derived from your assessment.
• The format, design, and structure of the report template.

7.3 License to Use Reports

We grant you a worldwide, non-exclusive, non-transferable license to use, copy, modify, and distribute the report generated for your organization for your internal business purposes. You may not use the report for commercial purposes, such as reselling or redistributing it to third parties as a service.

By providing information to our Service, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store any Content submitted by you for the purpose of providing the Service.

You represent and warrant that:

• You own or have the necessary rights to the Content you provide.
• The Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity.
• The Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

To the maximum extent permitted by law, in no event shall NIS 2 Compliance Check, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

1. Your access to or use of or inability to access or use the Service;
2. Any conduct or content of any third party on the Service;
3. Any content obtained from the Service; and
4. Unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for any claim arising from or relating to these Terms or our Service shall not exceed the amount paid by you to us during the 12-month period preceding the event giving rise to the liability.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

NIS 2 Compliance Check does not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• The Service is free of viruses or other harmful components;
• The results of using the Service will meet your requirements.

The reports and recommendations provided by the Service are based on the information you provide and our automated assessment methodology. We do not guarantee that following our recommendations will ensure complete compliance with the NIS 2 Directive or protect against all cybersecurity risks.

You agree to defend, indemnify, and hold harmless NIS 2 Compliance Check, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Service, including, but not limited to, your Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right.

These Terms shall remain in full force and effect while you use the Service.

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Brussels, Belgium, using the English language in accordance with the Arbitration Rules and Procedures of the European Court of Arbitration then in effect.

Before resorting to arbitration, we strongly encourage you to contact us directly to seek an amicable resolution.

These Terms constitute the entire agreement between you and NIS 2 Compliance Check regarding our Service and supersede all prior and contemporaneous written or oral agreements between you and NIS 2 Compliance Check.

You may be subject to additional terms and conditions when you use affiliated services, third-party content, or third-party software.

If you have any questions about these Terms, please contact us at:

NIS 2 Compliance Check
Email: info@nis2compliancecheck.com
Phone: +32 2 123 4567
Address: Rue de la Loi 175, 1048 Brussels, Belgium