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End User License Agreement (EULA)

V1.5 – April 04, 2024

This Seer Box® End User License Agreement (“EULA SEER BOX®”) governs any license or purchase of “SEER BOX®”, an advanced system for the detection and protection against web attacks, created and produced by Pluribus One S.r.l., Via Bellini no. 9, 09128 – Cagliari, Italy (“Pluribus One”).

SEER BOX® provides websites monitoring and security services (“Services”). Using its Machine Learning Engine, SEER BOX® is able to reconstruct autonomously the logic behind the monitored web services. More information on the Services and on how Seer Box® works, are available at https://seerbox.it/en/.

The end user of Seer Box® (the “Subscriber”) may be any private or public subject using the Services upon an agreement (the “Agreement”) directly signed with Pluribus One or with its authorized sub-licensor or resellers (“Resellers”).

The Agreement is composed by an order form signed by the Subscriber with Pluribus One or with the Reseller (the “Order Form”), along with general terms and conditions and related attachments, regulating the purchase of the Services.

The purchase of the usage license (“License”) can be made directly from Pluribus One or from an authorized reseller (“Reseller”) who has entered into a Software License Reseller Agreement (“Reseller Agreement”) with Pluribus One.

This EULA SEER BOX® and any other incorporated terms comprise the complete understanding between the parties on the subject matter.

1. The Services​

1.1 Ordering​

Except as otherwise stated in this EULA SEER BOX®, Subscriber’s purchases are non-cancelable and payment for Services is non-refundable. Subscriber will pay all applicable sales tax, VAT, or similar transaction taxes imposed on Subscriber’s purchase of Services.

1.2 Use of the Service​

Subscriber may access and use Services only for the purposes of this Agreement. The Services generally include access to a dashboard through which the Subscriber may monitor and profile legitimate traffic on its websites and applications services as per user maximum traffic size included in the Order Form (hereinafter also “Website and Apps”), detect anomalous events to highlight potential cyber attacks, adopt proper countermeasure as included in the License (hereinafter the “Dashboard”). The Dashboard may be accessed via a software installed in the Subscriber’s hardware or hosted in hardware of Pluribus One. The Dashboard may only be accessed and used by Subscriber’s employees, Subscriber’s consultants, or other Subscriber’s authorized person using the Services for the purpose of this EULA SEER BOX® (“Authorized Users”). Pluribus One may set reasonable limits on the number of Authorized Users permitted to access the Service from time to time. Subscriber is responsible for the use of the Service by its Authorized Users and their compliance with this EULA SEER BOX®, with the Order Form and with the Agreement. Subscriber, on behalf of itself and its Authorized Users, agrees not to: (1) use the Service and the Dashboard other than as authorized in the EULA SEER BOX®, in the Order Form and in the Agreement or as otherwise agreed in the sublicense agreement between Reseller and Subscriber; (2) modify, alter, decompile or reverse engineer the Service and/or the Dashboard; (3) interfere with or disrupt the integrity or performance of the Service and/or the Dashboard; or (4) deactivate, impair, or circumvent any security or authentication measures of the Service and/or the Dashboard. Subscriber may provide access to the Services and/or to the Dashboard to a third party only for the purpose of this EULA and upon written agreement with such third party in order to manage the products and services under the EULA. Subscriber may not resell or sublicense it, except as otherwise agreed with Pluribus One. Without undue delay, Subscriber will notify Pluribus One upon learning of any unauthorized use of the Services.

1.3 Service Maintenance​

Subscriber must promptly carry out the actions suggested by the support for the resolution of any issues. Additionally, Subscriber agrees to perform, upon request by the support, prescribed system maintenance activities, including but not limited to patch updates, firmware updates (if applicable), file system maintenance (if applicable), and proactive communication of diagnostic information. Any issues resulting from the failure to implement such corrective actions may incur additional costs for the time and materials used for restoration or the inability to resolve the issues.

2. Duties​

2.1 Provision of Services​

Subscriber is responsible for providing Pluribus One with the information necessary for Pluribus One to provide the Services. Subscriber is solely responsible for the accuracy, quality and legality of such information. The Services may record certain information (“Subscriber Data”) about how a person (“User”) uses Subscriber’s Websites and Apps.

2.2 Data Protection​

Pluribus One generally does not process Personal Data under the Data Privacy Laws of many jurisdictions. The Service may process a User’s Internet Protocol (IP) address that qualifies as an identifier under the General Data Protection Regulation UE 679/2016 (“GDPR”), but it can’t be used by Pluribus One to identify an individual since Pluribus One does not collect other information that could lead to identification. Except as provided above, the Service does not collect personally identifiable information that identifies the User of the Subscriber Website or App, such as name, email address, credit card or financial information, health information, usernames, passwords or other login credentials. If Pluribus One processes Personal Data on behalf of Subscriber pursuant to this EULA SEER BOX®, to the Order Form and to the Agreement, then the terms of the Pluribus One Data Processing Agreement shall be provided by Pluribus One and shall be made a part of the Agreement in connection with the processing of Personal Data.

Subscriber Data, where treated, could be processed and transmitted across the borders of different countries. If Subscriber purchases through a Reseller that is also providing support or other services in connection with the Pluribus One Service, then Subscriber authorizes Pluribus One to share data with that Reseller to the extent necessary to provide those support or other services.

Pluribus One is not responsible for any Personal Data treatment autonomously made by the Subscriber or by the Reseller.

2.3 Compliance with Laws​

Subscriber will comply with all applicable Data Privacy Laws and all international, federal, state, provincial and local laws relating to corruption practice and bribery. If any variation to the Agreement between the parties is required to maintain compliance with changes to Data Privacy Laws, Pluribus One will ensure necessary variations to this EULA SEER BOX® in good faith to address changes.

3. Confidential information​

3.1 Definition​

“Confidential Information” means any information disclosed by the information holder to the recipient, based on this EULA, or related documentation and activities, provided that it has not already been made public without direct or indirect responsibility of the recipient, or if it concerns the recipient's personal information.

3.2 Limited Use and Non-Disclosure​

Recipient will (a) use Confidential Information only for the purposes of furthering the business relationship between the parties; (b) protect Confidential Information using the same degree of care it uses to protect its own confidential information of a like nature, but in no event less than a reasonable degree of care; or (c) not disclose Confidential Information to any third party except to affiliates or employees, consultants, and agents who (i) have a need to know it in order to carry out their obligations under the Agreement OR this EULA, and (ii) are under written confidentiality and non-use obligations at least as restrictive as those stated in this EULA SEER BOX® or as required by law.

The recipient may also disclose the confidential information in the event of an order from a competent court, provided that prior notice is given to the information holder.

This confidentiality agreement shall remain in effect for the entire duration of the License and for five years following their termination.

4. Intellectual property rights​

Subscriber owns, or have in any case the right to dispose of and use, all worldwide right, title and interest in and to its own data and to the data related the Website and Apps (”Subscriber’s Data”).

Pluribus One owns all Intellectual Property Rights in and to the Pluribus One Service, to Seer Box® tradename and logo, and to any data and content of www.pluribus-one.it, www.seerbox.it, and in general to the Services (“Pluribus One IP”). Except as expressly set forth in the Agreement, no rights to any Pluribus One IP or any Subscriber Data is granted to a party. Subscriber may use the Services based on a specific License or sub-License. Subscriber is not obligated to provide Pluribus One with any suggestions, enhancement requests, or other feedback about the Services or related technology. However, if Subscriber provides any feedback to Pluribus One, Pluribus One may use and modify it without any restriction or payment. A great value proposition is that Pluribus One’s Service is architected so that all customers can benefit from the threats that Pluribus One has identified for a different customer even though that particular customer is not identified as the source of the information. Provided Subscriber is not identified or capable of being re-identified as the source of the data, Subscriber agrees that Pluribus One: (1) may share and publish details related to a threat (e.g., malware, a denial of service attack or other malicious activity), including the originating IP address, that Pluribus One in good faith believes it has identified; (2) use and analyze Subscriber Data to provide, improve, and support its products and services; and (3) share aggregated, anonymous data with third parties for industry research and analysis, demographic profiling and other similar purposes. “Intellectual Property Right(s)” means worldwide patent rights (including, without limitation, patent applications and disclosures), trademarks, copyrights, moral rights, know-how, and any other intellectual property rights recognized in any country or jurisdiction in the world.

5. Term and termination​

5.1 Term​

This EULA SEER BOX® is effective on the date the first use of the Software (“Effective Date”) and remains in effect until all Order Forms under this EULA Seer Box® are terminated or expire.

6. Limited warranty disclaimer​

Services are provided “as is,” without warranty of any kind, either express or implied. Any eventual Manteinance Agreement or any Service Level Agreement is set forth in the Order Form. Pluribus One makes no representation or warranty about the Services, including the results obtained from or the conclusions drawn from the use of Services or that the Services will be uninterrupted or error-free. To the fullest extent permitted under applicable law, Pluribus One disclaims all express and implied warranties, including any implied or statutory warranty, any implied warranty of title or non-infringement (since Pluribus One indemnifies for IP infringement), merchantability or fitness for a particular purpose.

7. Indemnification​

7.1 Indemnification Scope​

Subscriber will defend and indemnify Pluribus One, its Affiliates, and their respective directors, officers and employees from and against all third party claims to the extent resulting from or alleged to have resulted from (a) Pluribus One’s use of the Subscriber Data in accordance with this Agreement or (b) any violation of applicable Data Privacy Laws by Subscriber. Pluribus One will have no liability under this Section to the extent that any third-party claims are based on the combination, operation or use of the Services with equipment, devices, or data not supplied by Pluribus One or its vendors, if a claim would not have occurred but for such combination, operation or use.

7.2 Indemnification Procedures​

Subscriber will promptly notify Pluribus One in writing of any third-party claim. Pluribus One shall have any right to participate to the claim relating any right arising from this EULA SEER BOX®, in the Order Form and in the Agreement.

8. Limitation of liability​

In this Section, “liability” means any liability, whether under contract, tort, or otherwise, including for negligence.

8.1 General Limitations on Liability​

Subject to section 8.2 (Exceptions to Limitations): (a) neither party will have any liability arising out of or relating to the Agreement for: (1) indirect, special, incidental or consequential losses (whether or not foreseeable or contemplated by the parties at the Effective Date); (2) exemplary or punitive damages; or (3) the other party’s lost revenues, profits, or data; and (b) each party's aggregate liability arising out of or relating to the Agreement will not exceed the greater of the amount paid or payable to Pluribus One under the applicable Order Form for the 12 months preceding the subject claim.

8.2 Exceptions to Limitations​

Nothing in this Agreement excludes or limits either party’s liability for: (a) breach of confidentiality obligations under Section 3, (b) the indemnification obligations under Section 7, or (c) matters for which liability cannot be excluded or limited under applicable law.

9. Dispute resolution​

This EULA Seer Box®and all matters arising out of or relating to this EULA Seer Box®is governed by Italian law, without regard to conflict of law, and each party irrevocably consents to exclusive jurisdiction over all claims and disputes between the parties, to the Court of Cagliari – Italy.

10. Miscellaneous​

  • Save as otherwise agreed, Reseller and Subscriber cannot assign the Agreement in whole or in part without Pluribus One’s prior written consent. Any attempted assignment in violation of this restriction is void. Pluribus One can assign to any third party, in whole or in part, the Agreement, upon prior written notification to the Reseller and/or Subscriber including details of the assignee.

  • The Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

  • If a conflict exists between any of the terms in this EULA Seer Box® and the terms contained in the Agreement and in the Order Form, then the Order Form and the Agreement will govern.

  • Neither party relies on any undertaking, promise, assurance, statement, representation, warranty or understanding of any person relating to the subject matter of the Agreement, other than as stated in the Agreement.

  • Notices will be provided in writing and delivered by email with prof of receipt or registered letter as defined in the Agreement and in the Order Form.

  • The Agreement does not create a partnership, agency relationship, or joint venture between the parties.

  • Neither party has the power or authority to bind the other or to create any obligation or responsibility on behalf of the other.

  • Under no circumstances will any employee of one party be deemed to be the employee of the other.

  • If any provision of the EULA Seer Box® is unenforceable, that provision will be modified to render it enforceable to the extent possible to give effect to the parties’ intentions and the remaining provisions will not be affected.

  • This EULA Seer Box® can be executed electronically also through a point per click signature via checkboxes made available by Pluribus One.