SafeClick Terms of Service

📜 1. Parties, Corporate Details & Electronic Contracting (Book XII WER)

These Terms of Service constitute a legally binding Master SaaS Agreement between [TO BE FILLED IN], having its registered office at [TO BE FILLED IN], registered with the Crossroads Bank for Enterprises (KBO / BCE) under company number [TO BE FILLED IN] ([TO BE FILLED IN]), hereinafter referred to as "SafeClick", and the corporate entity ("Customer", "Tenant", or "MSP") accessing the SafeClick Platform.

Pursuant to Book XII of the Belgian Code of Economic Law (WER) on the law of the electronic economy, this agreement is legally concluded upon the electronic acceptance of an order, tenant provisioning, or administrative access to the platform.

SafeClick grants the Customer a non-exclusive, revocable, and non-transferable subscription license to access the platform and its gamified learning content solely for internal cyber resilience training of authorized personnel ("Players").

⚔️ 2. Rules of Engagement & Belgian Computer Crime Penal Code

The SafeClick Platform deploys authentic cyber threat simulation techniques (including mock phishing emails, credential intercept sandboxes, rogue USB exercises, and interactive threat triage). Utilization is governed by rigorous rules of engagement:

• Strictly Internal Corporate Scope: Simulations must exclusively target internal company email domains, corporate hardware endpoints, and enrolled workforce members.
• Prohibition on External Probing: Deploying SafeClick simulation artifacts, domains, or infrastructure against unauthorized third parties, personal external accounts, or public infrastructure is strictly prohibited.
• No Reverse Engineering: Decompiling, reverse-engineering, or duplicating the scoring algorithms, taxonomy models, minigames, or platform source code is explicitly forbidden.

👥 3. Seat Quotas, Reassignment & MSP Wholesale Delegation

Platform access is governed by allocated licensed user seats:

• Each active enrolled user consumes one (1) allocated player seat.
• When a departing user is archived or removed by an administrator, the seat immediately returns to the organization's available pool for reassignment.
• Managed Service Providers (MSPs) holding master wholesale seat allocations may distribute seats across verified client subtenants. The MSP remains jointly and severally responsible for subtenant compliance with these Terms.

💡 4. Intellectual Property Rights (Book XI WER)

All intellectual property rights in and to the SafeClick Platform (including minigame logic, source code, visual designs, threat taxonomies, scoring algorithms, and the SafeClick™ trademark) are owned exclusively by [TO BE FILLED IN] and protected under Book XI of the Belgian Code of Economic Law (Intellectual Property) and EU Directives 2009/24/EC (Software Directive) and 96/9/EC (Database Directive).

The Customer retains full ownership of its trademarks, logos, and custom organizational parameters uploaded into the platform for simulation personalization.

⚡ 5. Service Levels (SLA), Belgian NIS 2 Law & Incident Escalation

SafeClick targets a platform service availability of 99.9% per calendar month, excluding scheduled maintenance announced in advance:

• EU High Availability: All data is backed up redundantly each day across certified data centers located within the European Economic Area (EEA).
• Belgian NIS 2 Incident Reporting: In compliance with the Belgian NIS 2 Law of 26 April 2024 (transposing EU Directive 2022/2555), SafeClick maintains robust cyber risk management protocols. In the event of a significant security disruption, SafeClick will issue an early warning within 24 hours and a comprehensive technical incident report within 72 hours, compliant with Article 33 GDPR.

🛡️ 6. Confidentiality & Security Standards

Both parties agree to protect all proprietary and confidential business data disclosed during the term of the agreement. SafeClick maintains technical and operational security controls validated under ISO/IEC 27001 and SOC 2 Type II audit standards, including TLS 1.3 and AES-256 data encryption.

⚠️ 7. Limitation of Liability & Belgian Civil Code (Book 5 NBW)

SafeClick provides state-of-the-art security training to measurably decrease human error. However, the platform does not constitute an insurance policy guaranteeing absolute immunity from external cyber attacks or targeted zero-day intrusions.

Pursuant to Articles 5.86 to 5.89 of the New Belgian Civil Code (NBW) governing contractual liability:

• Except in cases of intentional fraud, gross negligence, or bodily injury, SafeClick's aggregate cumulative liability for any claim arising under this agreement is strictly capped at the total fees actually paid by the Customer in the twelve (12) months preceding the event giving rise to liability.
• SafeClick shall not be liable for indirect, consequential, punitive, or loss-of-profit damages.

🚪 8. Term, Termination & Data Portability

Subscriptions remain effective for the contracted order term and renew in accordance with agreed commercial schedules.

Upon contract expiration, Customers are granted a thirty (30) day grace period to perform comprehensive compliance and audit exports in PDF/CSV format, following which all tenant databases are securely wiped.

⚖️ 9. Governing Law & Exclusive Jurisdiction of Belgian Courts

These Terms of Service and any contractual disputes arising hereunder shall be exclusively governed by and construed in accordance with the laws of Belgium, with the explicit exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Any disputes arising under or in connection with these Terms shall be submitted to the exclusive jurisdiction of the [TO BE FILLED IN], Belgium.