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GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF THE TAZILLA APPLICATION AS SaaS

1. General Provisions

1.1. ITACON s.r.o., with its registered office at Kominárska 2, 831 04 Bratislava – Nové Mesto, Company ID No.: 50838563, registered in the Commercial Register of the District Court Bratislava III, Section: Sro, Insert No.: 118905/B (hereinafter referred to as the “Service Provider”), hereby issues these General Terms and Conditions (hereinafter referred to as the “GTC”) governing the provision of the Tazilla application in the form of Software as a Service (hereinafter referred to as “SaaS”).

1.2. These GTC govern the rights and obligations between the Service Provider and any legal entity or individual acting in the course of their trade, business or profession and using the Service, (hereinafter referred to as the “Customer”). The Service is intended exclusively for business and professional purposes and is not intended for persons acting as consumers within the meaning of applicable law.

1.3. By accepting these GTC, the Customer confirms that it has read and understood these terms and agrees to be bound by them. Otherwise, the Customer may not use the Service.

1.4. The Service Level Agreement and the Data Processing Agreement, published at www.tazilla.com, form an integral part of these GTC. By accepting these GTC, the Customer also agrees to the versions of the SLA and DPA valid and effective as of the date of such acceptance.

2. Definitions

2.1. Artificial Intelligence Features (hereinafter referred to as “AI Features”) – functionalities of the Service that use artificial intelligence models or third-party interfaces to generate suggestions, recommendations, drafts, pre-filled materials or other automatically generated outputs, which are intended solely for support purposes and are subject to review and approval by the User.

2.2. Customer – a legal entity or an individual acting in the course of their trade, business or profession that has accepted these GTC together with the SLA and DPA in accordance with Section 3.1. of these GTC.

2.3. Data Processing Agreement (hereinafter referred to as the “DPA”) – an agreement pursuant to Article 28 of the GDPR governing the scope, purpose and nature of Processing, security measures and rules applicable to Sub-processors.

2.4. Excessive Infrastructure Load – excessive or unusual use of the Service that exceeds normal usage and may adversely affect its availability or performance.

2.5. Exportable Data – input and output data, including metadata, directly or indirectly generated or co-generated through the Customer’s use of the Service, excluding data or assets of the Service Provider or third parties protected by intellectual property rights or trade secrets.

2.6. Individual Agreement – an agreement for the provision of the Service entered into between the Service Provider and the Customer containing specific terms applicable to the relevant contractual relationship.

2.7. Price List – an overview of the current subscription plans for the Service (for example: Starter, SME edition, CISO edition) and the corresponding prices, published by the Service Provider at www.tazilla.com.

2.8. Registration – the process of creating the Customer’s initial User Account, which enables access to the Service and the administration of additional Users.

2.9. Service – the Tazilla cloud-based application provided in the form of SaaS, comprising multiple modules (for example, records of assets, incidents, third parties and security measures, business continuity planning, risk analysis and other functionalities available through www.tazilla.com), within the scope currently made available by the Service Provider.

2.10. Service Level Agreement (hereinafter referred to as the “SLA”) – a document setting out the target operational parameters relating to the availability, maintenance and technical support of the Service.

2.11. Service Provider – the entity that develops, operates and provides the Service (Tazilla) in the form of SaaS and ensures its technical availability, maintenance and support.

2.12. Software – all components, functionalities, graphical user interfaces, source code, databases and modules comprising the Tazilla application provided by the Service Provider as part of the Service.

2.13. Supplementary Security Services – functionalities of the Service designed to support the identification, monitoring or analysis of cyber threats, vulnerabilities or security events (e.g. Threat Intelligence, Vulnerability Scanning, Honeypot, Code Analysis or other similar modules made available by the Service Provider).

2.14. User – a person authorised by the Customer to use the Service.

2.15. User Account – an access account established by the Service Provider as part of the Registration process, enabling the User to access the Service.

3. Provision of the Service

3.1. The contractual relationship between the Service Provider and the Customer arises upon the Customer’s acceptance of these GTC, whether through Registration at www.tazilla.com or by any other means made available by the Service Provider. By accepting these GTC, the Customer also declares and confirms that it has familiarised itself with them, acknowledges the Privacy Policy, and acts in the course of its profession or business activities when using the Service and not as a consumer. Any person carrying out Registration or accepting these GTC on behalf of the Customer represents that they are authorised to act on behalf of the Customer and to enter into the contractual relationship under these GTC on the Customer’s behalf.

3.2. The Service is activated upon creation of the initial User Account. The Customer may subsequently administer additional Users within the Service.

3.3. The Service may include Supplementary Security Services and functionalities that may only be used in accordance with their intended purpose and applicable licensing terms.

3.4. The Service, including the AI Features and Supplementary Security Services, may use third-party services or interfaces, publicly available sources or aggregated data from the Customer’s systems. All outputs generated or supported in this manner, including analytical outputs, assessments and recommendations generated by the Service, are provided solely for informational and support purposes. The Service Provider does not warrant their accuracy, completeness, timeliness or fitness for a particular purpose, nor does it warrant that they relate exclusively to the Customer’s infrastructure. Such outputs do not constitute professional, legal, security or other binding advice or any managerial decision. The availability and functionality of these features may depend on third-party services and may be modified, restricted or discontinued, without prejudice to Article 11 of these GTC.

3.5. The User shall ensure that all outputs referred to in Section 3.4 are subject to appropriate professional review prior to their use, in particular before adopting any security, operational or organisational measures on the basis thereof, and the Customer shall be responsible for any decisions made on the basis of such outputs.

3.6. The Customer shall be responsible for the data entered into the AI Features and undertakes not to enter any data whose disclosure to third parties would be contrary to applicable law, contractual obligations or the rights of third parties. The Processing of such data shall be governed by the terms and conditions of the relevant third parties and the Service Provider’s Privacy Policy, in which such third parties are identified. The Processing of Personal Data within the AI Features shall be carried out in accordance with applicable data protection laws.

3.7. The Service Provider does not use, nor does it permit third parties to use, the Customer’s data for the training or improvement of artificial intelligence models.

4. Rights and Obligations of the Service Provider

4.1. The Service Provider shall provide technical support and address incidents using reasonable professional efforts, with the applicable support procedures being set out in the SLA.

4.2. The Service Provider shall be entitled to temporarily suspend the provision of the Service in the event of Excessive Infrastructure Load, a security incident or a breach of these GTC.

4.3. The Service Provider shall be entitled to update the GTC, SLA, DPA and Price List. The Customer shall be informed of any change by e-mail or by notification within the Service at least 30 calendar days prior to its effective date. If the Customer disagrees with the change, it shall be entitled to discontinue use of the Service before the change becomes effective. If the Customer does not exercise this right within the relevant period, the change shall be deemed accepted. Changes to the Price shall be governed by Section 6.2.

4.4. The Service Provider shall inform the Customer of planned Service outages through the application or the website www.tazilla.com, where the nature of the outage permits such notice.

4.5. During any temporary suspension of the Service, the Customer’s data shall remain preserved. Access to the data shall be restored once the reason for the suspension of the Service has been remedied.

4.6. The Service Provider shall ensure the protection of data in accordance with applicable law but shall not be liable for any loss of or damage to such data caused by any act or omission of the Customer or its Users.

4.7. The Service Provider shall be entitled to transfer its rights and obligations under these GTC to a third party, in particular in connection with the sale of an enterprise or part thereof, provided that the Service Provider informs the Customer of such transfer in advance.

5. Rights and Obligations of the Customer

5.1. The Customer shall use the Service in accordance with these GTC, the principles of good morals and the applicable laws and regulations of the Slovak Republic and the European Union. The Customer undertakes to comply with the Service Provider’s instructions relating to the secure use of the Service.

5.2. The Customer shall protect login credentials and ensure that User Accounts are administered only by authorised natural persons. Each User shall activate multi-factor authentication (MFA) available through the Service.

5.3. The Customer shall be entitled to create and administer User Accounts, which shall subsequently be used by end Users. The Customer shall be fully responsible for the administration of such accounts.

5.4. The Customer retains all rights and entitlements to the data it enters into or creates within the Service. For the duration of the contractual relationship, the Customer grants the Service Provider the right to use and process such data to the extent necessary to provide, operate, secure and support the Service, in accordance with these GTC and, in the case of Personal Data, also the DPA. The Customer shall be responsible for:

  • the lawfulness of the Processing of Personal Data and other data,
  • ensuring that the scope of data entered into the Service is appropriate,
  • ensuring the protection of Users’ access credentials,
  • the appropriate use of the Service in accordance with the guidelines, instructions and restrictions specified directly within the Tazilla application.

5.5. The Customer shall be entitled to contact technical support in the event of any problems with or malfunction of the Service, subject to the terms set out in the SLA.

5.6. The Customer acknowledges that the Service Provider may use third parties to provide certain parts of the Service.

5.7. The Customer shall be entitled to use Supplementary Security Services enabling active security testing or scanning solely on systems, networks or IP addresses that the Customer is authorised to use or administer.

5.8. The Customer undertakes to use the Service in a manner that does not place an unreasonable burden on the Service Provider’s infrastructure. In particular, the Customer shall refrain from any excessive or unusual use of the Service that exceeds normal usage and may adversely affect the availability or performance of the Service.

6. Price of the Service and Payment Terms

6.1. The Price of the Service shall be determined according to the selected subscription plan and the Price List published at www.tazilla.com and valid at the time the relevant subscription plan is ordered. Unless otherwise stated in the Price List, all prices are inclusive of VAT.

6.2. The Service Provider shall be entitled to amend the Price List in accordance with the procedure set out in Section 4.3 of these GTC. Any Price change applicable to an existing Customer shall take effect no earlier than from the beginning of the next billing period and shall not affect any billing period already paid for.

6.3. The Service Provider may, at its sole discretion, provide the Service or selected subscription plans free of charge on a temporary basis as part of a promotional or trial offer, the scope, duration and terms of which shall be communicated to the Customer when the offer is made available. Following expiry of such temporary free offer, the provision of the Service shall be governed by the Price List pursuant to Section 6.1 of these GTC, unless otherwise determined by the Service Provider.

6.4. The Price of the Service shall be payable in advance at the beginning of the relevant billing period, monthly or annually according to the selected billing cycle, by payment card or another payment method offered by the Service Provider. The Service Provider shall issue and deliver invoices electronically in accordance with applicable law.

6.5. The subscription shall automatically renew for the next billing period unless the Customer cancels it before the end of the current billing period through the subscription management interface made available by the Service Provider or by another method designated by the Service Provider.

6.6. In the event of an unsuccessful payment, the Service Provider shall be entitled to restrict or suspend the Customer’s access to the Service until the outstanding amount has been duly paid. The Service Provider shall inform the Customer of the unsuccessful payment and provide a reasonable period for remedy before restricting access.

6.7. Cancellation of the subscription during an ongoing billing period shall not entitle the Customer to a refund of any pro rata portion of the Price already paid, and access to the Service shall remain available until the end of the paid billing period, unless Article 7 or applicable law provides otherwise.

6.8. The Customer may change its subscription plan during the term of the subscription through the subscription management interface, where such option is made available. An upgrade to a higher-priced subscription plan shall take effect immediately and the Customer shall be charged the pro rata difference in Price for the remainder of the relevant billing period. A downgrade to a lower-priced subscription plan shall take effect from the beginning of the next billing period, unless otherwise stated at the time of the change. A downgrade may be subject to compliance with the limits and conditions applicable to the relevant subscription plan.

6.9. The Service Provider allows the Customer to use the Service within the scope of the Starter subscription plan free of charge for a trial period of 30 days (hereinafter referred to as the “Free Trial”). The Free Trial is available to each Customer on a one-time basis only. Use of the Free Trial is not conditional upon making any payment, and no paid subscription shall automatically commence upon its expiry. Following expiry of the Free Trial, the Customer may continue using the Service by ordering a paid subscription plan and entering its payment details in accordance with Section 6.4 of these GTC. If the Customer does not activate a paid subscription following expiry of the Free Trial, the Service Provider shall be entitled to restrict or deactivate the Customer’s access to the Service to the extent communicated to the Customer. This shall be without prejudice to the Customer’s rights to obtain its data pursuant to Article 7 of these GTC. During the Free Trial, the Licence pursuant to Article 10 of these GTC is granted for the duration of the Free Trial. If the Customer subsequently activates a paid subscription, the Licence shall continue in accordance with Section 10.4.

7. Termination of the Service

7.1. Unless otherwise agreed between the Service Provider and the Customer, the contractual relationship is entered into for an indefinite term. Provision of the Service may be terminated:
a) by cancellation of the subscription pursuant to Section 6.5.,
b) as a result of the Customer’s disagreement with a change pursuant to Section 4.3.,
c) by the Service Provider if the Customer fails to pay an outstanding amount within the additional period provided pursuant to Section 6.6.,
d) by the Service Provider in the event of a material or repeated breach of these GTC, or
e) by the Service Provider with immediate effect if the Service Provider has reasonable grounds to suspect fraudulent conduct on the part of the Customer or its Users, or if the conduct of the Customer or its Users constitutes an immediate security threat to the Service, the Service Provider or the Service Provider’s other customers. The Service Provider shall inform the Customer of such termination without undue delay, together with the reasons therefor.

7.2. Upon termination of the Service, the Customer shall be entitled to request a switch to another provider of a similar service or the transfer of its Exportable Data to its own ICT infrastructure (hereinafter referred to as “Switching”), and the Service Provider shall commence the Switching process without undue delay.

 7.3. The Service Provider shall provide the Customer with reasonable assistance in connection with Switching and shall ensure the continuity and security of the Service during the Switching process. Switching shall be completed without undue delay and no later than within 30 calendar days from receipt of the Customer’s request for Switching, unless applicable law permits a longer period.

7.4. The Customer shall have the right to export the data it entered into the Service or that was generated through its use of the Service, including related metadata, to the extent such data are exportable under applicable law. The export may be carried out in a commonly used and machine-readable format upon a request submitted to the Service Provider.

7.5. In the event of Switching, the contractual relationship shall terminate upon its successful completion. Upon termination of the Service, the Licence to use the Service and access to User Accounts shall expire, except for such access as is necessary to obtain the Exportable Data. The Customer shall have at least 30 calendar days from the termination of the Service or successful completion of Switching to obtain such data.

7.6. Upon expiry of the period referred to in Section 7.5, the Service Provider shall securely delete the Customer’s data unless their continued retention is required by applicable law.

8. Data Protection and Privacy

8.1. The Service Provider shall process Personal Data in accordance with applicable data protection laws. To the extent that the Service Provider processes Personal Data on behalf of the Customer, it shall act as the Processor, and such Processing shall be governed by the DPA. The Processing of Personal Data by the Service Provider in its capacity as Controller shall be governed by the Privacy Policy.

8.2. Details regarding the Processing of Personal Data are set out in the DPA, which is available at www.tazilla.com and forms an integral part of these GTC pursuant to Section 1.4.

8.3. The Service Provider and the Customer shall keep confidential all non-public business, technical, security-related and other information of the other party which, by its nature or the circumstances of its disclosure, may reasonably be considered confidential (hereinafter referred to as “Confidential Information”) and shall use such Confidential Information solely for the purposes of performing the contractual relationship. Confidential Information may only be disclosed to persons who need to know such information and who are bound by confidentiality obligations. This obligation shall not apply to information that is publicly available without breach of this obligation, lawfully obtained from a third party, or required to be disclosed by applicable law. The confidentiality obligation shall survive termination of the contractual relationship for as long as the relevant information remains confidential in nature.

8.4. In the event of a security incident that may compromise the confidentiality, integrity or availability of data, the Service Provider shall inform the Customer in the manner specified in Article 9 of these GTC without undue delay and no later than within 24 hours from the time the Service Provider becomes aware of the incident.

9. Communication and Delivery

9.1. Any communication between the Service Provider and the Customer shall take place primarily electronically, in particular by e-mail, through www.tazilla.com, the Support Forum available at www.forum.tazilla.com, or notifications within the Service. Where justified, communication may also take place by post.

9.2. Documents delivered electronically, i.e. by e-mail, shall be deemed delivered when they enter the recipient’s sphere of control.

9.3. Documents delivered by post shall be deemed delivered:

a) on the date of their physical receipt by the recipient,

b) on the date of expiry of the period for collection of the consignment from the delivery service provider, or

c) on the date on which the recipient refuses to accept the document.

10. Intellectual Property and Licensing Terms

10.1. The Software is the exclusive property of the Service Provider or its licensing partners and is protected by copyright pursuant to Act No. 185/2015 Coll., the Copyright Act. These GTC do not confer upon the Customer any ownership rights in or to the Software or any of its individual components, and all copyright and intellectual property rights shall remain vested in the Service Provider. The Service Provider represents that it is authorised to provide the Service and to grant the Customer the Licence within the scope set out in these GTC.

10.2. The Service Provider hereby grants the Customer a non-exclusive, non-transferable and time-limited Licence to use the Software in accordance with these GTC.

10.3. The Licence shall apply to the Customer as a legal entity, including its branches and organisational units, provided that such branches and organisational units do not constitute separate legal entities. If the Customer requests that the Licence be extended to additional entities, such as subsidiaries or other separate legal entities, the applicable terms and any related licence fees shall be agreed separately.

10.4. The Licence is granted for the duration of the contractual relationship pursuant to Section 3.1, for the duration of the subscription pursuant to Section 6.5 or the Free Trial pursuant to Section 6.9. The Licence shall expire upon termination of the contractual relationship or termination of the subscription or Free Trial, as applicable.

10.5. The Customer shall not engage in any of the following activities:

  1. sublicensing, leasing, selling or otherwise transferring the Licence to the Software or making the Service available to third parties,
  2. reverse engineering, decompiling or otherwise attempting to obtain the source code of the Software,
  3. copying, modifying, distributing or creating derivative works based on the Software,
  4. using the Software in a manner that may cause harm to the Service Provider or other customers,
  5. circumventing or interfering with any security measures or access control mechanisms relating to the Software,
  6. using the Software for unlawful purposes, including the distribution of malicious code or compromising the security of the Software or other systems,
  7. providing or allowing access to User Account login credentials to third parties who are not authorised to access them under these GTC.

10.6. Any breach of this Article of the GTC may result in the immediate termination of the Licence and the Service Provider asserting claims for damages pursuant to Article 11 of these GTC.

10.7. In the event of reasonable suspicion of unauthorised use of the Service, the Service Provider shall be entitled to verify, by reasonable means, whether the use of the Service complies with these GTC. The Customer shall provide reasonable cooperation for this purpose.

11. Limitation of Liability

11.1. The Service is provided “as is”, within the scope and subject to the availability and technical support parameters agreed in the SLA. The Service Provider does not guarantee uninterrupted, error-free or fully continuous operation of the Service beyond the parameters expressly agreed in the SLA and does not warrant that the Service will meet any individual requirements of the Customer that are not specified in these GTC.

11.2. The Service Provider shall not be liable for damage to the extent caused by any act or omission of the Customer or its Users, use of the Service in breach of these GTC or the Service Provider’s instructions, or any failure to perform caused by circumstances excluding liability under applicable law.

11.3. The Customer shall be liable for any damage caused to the Service Provider by the acts or omissions of its Users in connection with the use of the Service, in particular in the event of a breach of these GTC or the Service Provider’s instructions.

11.4. The Service Provider shall not be liable for any damage, loss of opportunity or other indirect or consequential damage arising from the use of or inability to use the Service, except where caused by the Service Provider’s wilful misconduct or gross negligence.

11.5. The Service Provider’s maximum liability for damage arising from a breach of its obligations shall be limited to the amount actually paid by the Customer to the Service Provider for the provision of the Service during the 12-month period immediately preceding the event giving rise to the damage. If, as of the date on which the damage occurred, the Service has been provided for less than 12 months, the amount actually paid for such shorter period shall apply, subject to a minimum amount of EUR 1,500. This limitation shall not apply in cases of wilful misconduct or gross negligence.

11.6. The liability of the Service Provider and the Customer in connection with the Processing of Personal Data shall be governed by the DPA. The limitations of liability set out in this Article shall not apply to damage caused intentionally or by gross negligence or to any liability that may not be limited under applicable law.

12. Complaints and Dispute Resolution

12.1. The Customer shall be entitled to report technical problems, faults or other deficiencies of the Service to the Service Provider through the communication channels specified in Section 9.1.

12.2. The Service Provider undertakes to use reasonable professional efforts to investigate the report and remedy any identified deficiencies within a reasonable period. Reporting a deficiency shall not entitle the Customer to any financial compensation, discount or damages unless otherwise provided in these GTC or the SLA.

12.3. These GTC and the legal relationships governed hereby shall be governed by the laws of the Slovak Republic. Any disputes arising out of these GTC or in connection with the use of the Service shall primarily be resolved amicably out of court. If a dispute cannot be resolved by agreement, it shall be subject to the jurisdiction of the competent courts of the Slovak Republic having territorial jurisdiction over the Service Provider’s registered office.

13. Final Provisions

13.1. These GTC shall become effective on the date of their publication at www.tazilla.com. With respect to a particular Customer, these GTC shall become binding upon their acceptance in accordance with Section 3.1 of these GTC.

13.2. If any provision of these GTC is or becomes invalid or ineffective, whether in whole or in part, the validity and effectiveness of the remaining provisions of these GTC that are not directly affected by such invalidity or ineffectiveness shall remain unaffected. The Service Provider undertakes, without undue delay, to replace any invalid or ineffective provision with a valid and effective provision that, to the greatest extent possible, reflects the purpose of the original provision.

13.3. These GTC, together with the SLA and DPA, constitute the contractual documentation between the Service Provider and the Customer. In the event of any conflict, the Individual Agreement shall prevail; the DPA shall prevail in matters relating to the Processing of Personal Data, and the SLA shall prevail in matters relating to the availability, support and operational parameters of the Service. In all other respects, these GTC shall prevail.

EFFECTIVE DATE of GTC

These General Terms and Conditions shall become effective upon their publication at www.tazilla.com – 1. September 2026.