In accordance with Law, users are informed that www.clapssecurity.com is an Internet domain owned by the company indicated below (hereinafter the owner), this being the owner of the content published through the portal and the data controller of the data collected through it. OWNER OF THE DOMAIN:
Midway Technologies S.L
Charles Darwin street N°3. Pavilion Monorrail, 41092, Isla de la Cartuja, Sevilla. Spain
VAT Number: ES-B90262395
Contact: +34 954 869 759/ info@clapssecurity.com
Owner of the platform and programming of the portal, which provides the hosting of the portal on secure servers, applying the measures and procedures established in the current applicable regulations on data protection.
The following terms and conditions (the “Agreement”) govern all use of the clapssecurity.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is a security tool named “CLAPS” that manages local administrators’ passwords and analyzes the security posture of a device configuration. The Service is owned and operated by Midway Technologies (“Midway”).
If you are a company, organization, institution, head of group of people, etc. (mostly the one who pays for the Service), you are referred to as a “Client”. If you are the end-user of the Service, you are referred to as a “User”. The Agreement is binding to Midway and to you (Client and/or User).
The Service is offered subject to your acceptance of the Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by Midway – including, without limitation, Privacy Policy and others. If you do not agree to the Agreement or any part of it, do not use the Site and the Service.
In order to use all the benefits of CLAPS, you must register on the Site (including by filling-out all required personal information). You may cancel your subscription at any time. To complete registration, you shall provide an email address and a password (if Microsoft Azure AD is not used). Before the use of the Service, you will need to download and install the software on all of your workstations or servers. You shall never use another’s CLAPS account without permission from that User. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Midway immediately of any breach of security or unauthorized use of your account. Although Midway will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of Midway or others due to such unauthorized use. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Midway may change, suspend or discontinue the Services, fees, charges, etc. at any time, including the availability of any feature. Midway may also impose limits on certain features and Services or restrict User’s access to parts or all of the Services without notice or liability. You certify to Midway that you have full power and authority to enter into the Agreement and if registering on behalf of a company or other entity, that you have been conferred full authority to bind your principal or company. If you are an individual (i.e., not a company), you shall be at least 18 years of age. You also certify you are legally permitted to use the Service, and you take full responsibility for the selection and use of the Service.
You hereby acknowledge that you shall use the Service solely for lawful purposes and complying with the Agreement. Violation of any of the terms will result in the termination of your account. Midway will not be responsible for the content posted on the Service. You agree to use the Service at your own risk. The Service is provided on an “as is” and “as available” basis. Midway shall not be liable on any age restrictions to apply to the use of the Service. You acknowledge that you have the required legal capacity to use the Service and be liable on execution of the Agreement. You must not violate any laws in your jurisdiction.
If you do not comply with these provisions or abuse the Service, Midway has a full discretion to delete or block your account at any time, without prior notice and explanation and as a contractual penalty to retain the amount you paid for the Service. In this event you shall not have the right for compensation, or receipt of any compensation for your purchases at Midway.
You agree that you will not: impersonate any person, violate any local, state, or national law through or on the Service; harass people through or on the Service; collect or store data about other people using the Service; use any device, software or routine to interfere or attempt to interfere with the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; use the Service in any manner other than as expressly authorized in the Agreement; reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, including use of the Service, or access to the Service.
Midway reserves the right, at its discretion, to modify this Agreement, the Service, fees, charges, terms, etc. at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such modification constitutes your acceptance of changes as modified.
The following payment methods may be agreed between client and Midway:
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars ($) and Euros (€). The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services.
30 day free trial is available. If you are not satisfied with our Service, cancel your subscription or send us an email within 30 days from the date you created your account and we will cancel the service for you. Please include the reason for your dissatisfaction.
Midway reserves the right to change its Payment methods or decide which one should be used.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
CLAPS service has the following support methods:
Support will be provided by email on the address support@clapssecurity.com. Only CLAPS service users will be attended and the email sent to support will include the full description of the issue including the following in case of incidents:
The CLAPS application website availability will ensure the following Service Level Agreement (SLA) and penalties:
The Monthly Uptime Percentage is calculated using the following formula:
Monthly Uptime % = (Maximum Available Minutes-Downtime)/(Maximum Available Minutes) x 100
Where:
In order for Midway to consider a claim, you must submit the claim to customer support including all information necessary for Midway to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.
We must receive the claim by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on February 15th, we must receive the claim and all required information by March 31st.
We will evaluate all information reasonably available to us and make a good faith determination of whether a discount is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a discount. If we determine that a discount is owed to you, we will apply the discount to the next billing cycle. This discount will never be higher the total fees to charge.
The CLAPs agent will be updated and maintained automatically from CLAPS service. Midway reserves the right to add more features and functionalities to the service. Notifications will be sent to subscribers with information about these changes.
You expressly understand and agree that Midway (and its officers, directors, agents, subsidiaries, joint ventures and employees) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Service; the cost of procurement of substitute services resulting from any data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Service; or any other matter relating to the Service.
Midway does not warrant that: (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any Services, information, or other material purchased or obtained by you through the Service will meet your expectations (apart from the SLA agreement).
Any claim arising out of or related to use of the Service shall be filed to Midway within 90 days after the claim or cause of action accrues, otherwise it will be considered that you have no claims.
To the fullest extent permitted by law, and not withstanding any other provision of the Agreement, the total liability, in the aggregate, of Midway (and its officers, directors, agents, subsidiaries, joint ventures and employees and any of them) to the Client and its Users and/or anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Service or the Agreement from any cause or causes shall not exceed the total compensation received by the Midway under this Agreement in the 12 months preceding the cause of the action, or the total amount of USD 1000, whichever is lower. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
You will indemnify and hold Midway (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, complaint, demand or damage including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You are financially liable for any of your activities, which infringe or may infringe against the rights of any third party
If you use any of our trademarks in reference to our Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or Services (including the Site).
All software, visual and textual content, along with Midway created texts, scripts, graphics, interactive features and trademarks, service marks and logos are owned by or licensed to Midway, and protected subject to copyright and other intellectual property rights under EU, foreign laws and international conventions. You may not display or use the Midway marks or any intellectual property owed by Midway in any manner without Midway prior written consent.
If a dispute arises between you and Midway, we strongly encourage you to first contact us directly to seek a resolution.
Any dispute or claim arising out of or in connection with the Agreement or its formation (including non-contractual disputes or claims) shall be governed by the laws of the Kingdom of Spain. Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) shall be resolved by a court located in the Kingdom of Spain.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
You acknowledge that you have all necessary permits to grant us with User’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. Midway reserves the right at its sole discretion to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Effective as of January 29, 2021.
+34 954 869 759
hola@clapssecurity.com
