Terms of Service

1. Who provides the Service

1.1 The Service is provided by Clouds On Mars Sp. z o.o., a limited liability company registered in Poland ("Guardioz", "we", "us").

1.2 Our details are:

• (a) registered office and address: ul. Bukowińska 22/13B, 02-703 Warsaw, Poland;
• (b) register: National Court Register (KRS), number 0000670382; the registry court that keeps the company's file is the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register;
• (c) tax identification number (NIP): 5213773786;
• (d) share capital: PLN 120 000;
• (e) e-mail: contact@guardioz.com.

1.3 We provide support, accept complaints and receive notices by e-mail at contact@guardioz.com. We do not offer support by telephone. Letters sent by post to the address in clause 1.2(a) also reach us, but they take longer to handle.

2. Definitions

2.1 In these Terms:

• "Service" means Guardioz as a whole: the Application, the Agent and the e-mails that we send in connection with them, as clause 3 describes.
• "Application" means the web application at app.guardioz.com, including its programming interface (REST API).
• "Agent" means the Guardioz monitoring agent software that you install on your server.
• "Customer" or "you" means the business that holds the Account.
• "Account" means a user account in the Application. One person uses it, on behalf of the Customer.
• "Organization" means the unit in the Application to which Servers belong. It has a name and a plan (clause 4), and no other details.
• "Server" means a PostgreSQL instance registered in the Application. Written with a small letter, "server" means the machine on which PostgreSQL runs.
• "Snapshot" means one set of data that the Agent sends.
• "Customer Data" means everything that the Agent sends from your server.
• "Account Data" means data about the person who uses the Account.
• "finding" means the result of a check on your Snapshots; a "recommendation" is a finding that proposes a change, sometimes with a command.
• "Website" means guardioz.com, "Documentation" means docs.guardioz.com, and "Demo" means the public demo of Guardioz at demo.guardioz.com.
• "Terms", "DPA", "Privacy Policy", "Service Provider List" and "Agent Licence" mean these Terms of Service, the Data Processing Agreement, the Privacy and Cookies Policy, the list of service providers and the Guardioz Agent Software Licence, published at https://guardioz.com/terms, https://guardioz.com/dpa, https://guardioz.com/privacy, https://guardioz.com/service-providers and https://guardioz.com/agent-licence.

3. What the Service is and what it is not

3.1 The Service monitors PostgreSQL. The Agent, which you install on the server where PostgreSQL runs, reads data from PostgreSQL and from the operating system and sends it to us as Snapshots. We store the Snapshots, run checks on them, show you findings and recommendations in the Application, and can notify you by e-mail (clause 11.5).

3.2 The Agent uses read-only database sessions and runs a fixed set of statements written in its source code. It does not read the rows of your tables or views. It reads more than counters, including SQL text, database user names, client addresses and setting values, so values from your data can reach us (clause 8).

3.3 We do not open connections to your server. The Agent sends data to the Service. It does not listen for incoming connections, does not accept commands from us and does not update itself.

3.4 The Service does not change your database. A recommendation can include a command. You decide whether to run it, and you run it yourself. Some of these commands cannot be undone or need a restart of PostgreSQL, for example DROP INDEX CONCURRENTLY, pg_drop_replication_slot, ALTER SYSTEM SET and ALTER TABLE ... SET. Installing the Agent is different: it changes your server and your PostgreSQL (clause 7.4).

3.5 A finding or a recommendation is information generated automatically from what the Agent measured on your Server. It may be incomplete or inaccurate, for example if not all data could be collected. It is not an instruction, professional advice or a promise of a result. You decide whether and how to apply it, and you are responsible for doing so, including testing a change and having a backup before you apply it in production.

3.6 The Service is not a backup of your database and does not replace your own monitoring, alerting, backup and disaster recovery, or database administration. It is not designed for real-time or critical alerting: notifications may be delayed or not delivered, and the Service does not guarantee that it detects every problem on your Server. Unless the Documentation states otherwise, the Service does not analyse the performance or the cost of your queries and does not check whether your backups or archived transaction logs can be restored. You remain solely responsible for your database, its backups and their restorability.

3.7 The Service supports only the environment that clause 10 describes.

3.8 These Terms govern the Service. Clause 18 sets out the terms for using the Website, the Documentation and the Demo.

3.9 The Application has a programming interface (REST API) that the Application itself uses. We do not offer it as a product: we do not publish a description of it, and we can change or close it at any time. If you use it, these Terms apply to that use.

4. Beta, plans and prices

4.1 Guardioz is in beta. You can sign up, and the product is early - we say so up front.

4.2 Always free for one user. The Team plan costs $49 per user per month. We do not charge for the Free plan, and we will not introduce a fee for it.

4.3 Each Organization has one plan. A new Organization starts on the Free plan. The plans are:

4.4 Today an Organization has one user: the person who holds the Account (clause 6.4). A plan includes the features that the Application provides at the time. When the Website describes a feature as coming, it describes our plans, not a term of this contract.

4.5 Paid plans can be ordered during the beta as well. To order the Team plan, or to ask about the Scale plan, write to contact@guardioz.com. The Application has no payment function. A paid plan starts when we confirm your order by e-mail and change the plan of your Organization. The confirmation states the price, the billing period, the currency, the taxes, and how and when you pay. For the Scale plan, the separate contract applies in addition to these Terms.

4.6 You can ask at any time, by e-mail to contact@guardioz.com, to move your Organization to another plan. For a paid plan, the order confirmation says when the plan ends and what is still due. Moving to another plan deletes nothing.

4.7 When an Organization already has as many Servers as its plan includes, the Service refuses a new Server (clause 7.3). Servers that are already registered keep being checked, also above the limit, for example after a move to a plan with a lower limit.

4.8 We announce a change of the price of a paid plan by e-mail at least 30 days before it takes effect. The new price applies from the first billing period that starts after that date. Before then, you can move to another plan (clause 4.6).

4.9 Only we change the plan of an Organization. The Application has no function for it.

5. Who may use the Service

5.1 The Service is designed for businesses and is intended for use in a business or professional activity. We do not offer it to consumers.

5.2 The person who creates an Account states that:

• (a) they are at least 18 years old and have full legal capacity;
• (b) when they create the Account for a company or another organisation, they have the authority to accept these Terms on its behalf;
• (c) the Customer is not subject to restrictive measures (sanctions) of the European Union and will not use the Service in a country or for a person that such measures cover.

5.3 We rely on these statements. The Application does not check them.

5.4 If you are a consumer, or a natural person who runs a business and for whom this contract has no professional character, the provisions of law that protect you and that a contract cannot set aside apply to you. A clause of these Terms that conflicts with them does not apply to you.

6. The Account

6.1 You create an Account with the registration form, by signing in with Google or GitHub for the first time, or through the REST API. The registration form asks for your name, an Organization name, your e-mail address and a password.

6.2 The contract between you and us is formed when the Account is created: with the registration form, when you submit it; with Google or GitHub, when you return from the provider after your first sign-in; through the REST API, when the Application accepts the registration request. By creating an Account you accept these Terms, the DPA and the Agent Licence.

6.3 We make these Terms available free of charge before you create an Account. The registration form and the sign-in page link to them, and they are published at https://guardioz.com/terms in a form that you can save and print. We keep each earlier version and send it to you on request.

6.4 One Account is for one person. Do not share it. An Account has at most one Organization, and you cannot add a second person to it.

6.5 Sign-in with a password works after you confirm your e-mail address through the link that we send.

6.6 When you sign in with Google or GitHub, we receive your identifier at that provider, your e-mail address and your name (see the Privacy Policy). This sign-in opens the Account with the same confirmed e-mail address, so keep control of that address and of your provider account. The provider's own terms also apply.

6.7 Choose a strong password of at least 8 characters that you use nowhere else. If you think that someone else has access to your Account, end its sessions in the settings, change the password and write to contact@guardioz.com. Clause 7.9 sets out your other duties for the security of the Account.

6.8 In the settings you can change your name, time zone, notification switches, Organization name and password. To change the e-mail address of the Account, write to contact@guardioz.com and we change it (clause 16.8).

6.9 We send the e-mails that the Account needs, for example to confirm your e-mail address or to reset your password, and one welcome e-mail (clause 12.4). You cannot switch the account e-mails off. Notifications about findings are separate (clause 11.5).

6.10 A person whose e-mail address someone else used to register, without that person's consent, is not bound by these Terms. That person can write to contact@guardioz.com, and we remove the record (clause 16.8).

6.11 If your Account was created before these Terms were first published at https://guardioz.com/terms, we send them to the e-mail address of the Account. They apply to your Account from 30 days after we send that e-mail. If you do not accept them, you can delete your Account before that date (clause 16.5) or ask us to delete it (clause 16.8).

7. The Agent

7.1 The Agent, its installer and its update script are licensed to you under the Agent Licence.

7.2 The Agent reads the data that clause 8 describes and sends it to the Service. By default it sends one Snapshot every hour, and the first Snapshot after registration carries every category. Annex I of the DPA says how often each category is sent. You can change the interval in the Agent's configuration file.

7.3 You install the Agent yourself with an install command from the Application. One command registers one PostgreSQL instance. After 60 minutes, or after it has registered a Server, it can no longer register one. If the plan of your Organization has no room for another Server (clause 4.7), the Service refuses the registration. By then the installer has already made some of the changes that clause 7.4 lists, and the same command can still register the Server within its 60 minutes, once the plan has room for it. Treat the command as a secret. By running it you agree to the installation and the use of the Agent on your server, as these Terms and the Agent Licence describe.

7.4 The installer needs administrator rights on your server. The Agent Licence lists its steps in more detail. The installer:

• (a) creates a read-only PostgreSQL role for monitoring, with a random password and membership in pg_monitor as its only grant; if the role already exists, it gets a new password, and this cannot be undone;
• (b) when the monitoring role cannot connect, adds a comment and one rule for the local socket to pg_hba.conf and reloads the PostgreSQL configuration; it does not change PostgreSQL settings and does not restart PostgreSQL;
• (c) creates a system account without administrator rights, which the Agent runs as;
• (d) installs the Agent's code in /opt/guardioz-agent, a configuration file, and a service that keeps the Agent running all the time;
• (e) by default adds access entries that let the system account pass through the PostgreSQL data directory, to measure the disk space of pg_wal (the option --no-pgdata-access switches this off), and on Linux can add the system package acl;
• (f) downloads the Agent's code from the Service, and the Python libraries that the Agent needs from the package index (Linux) or the pkg repository (FreeBSD) that your server uses;
• (g) writes a record of its changes, each with the command that reverses it, to /etc/guardioz-agent/install-manifest.txt.

7.5 The configuration file of the Agent stays on your server. It holds the password of the monitoring role, which the Agent does not send to us, and the collector key, which identifies your Server to the Service. Whoever has the collector key can send data as your Server, so protect this file. To replace the key, run the installer again. Deleting the Server also stops the key from working.

7.6 Your server is your responsibility: its operating system, PostgreSQL, security, backups and access, and the decision whether the Agent fits your own rules. Before you install, you can ask us at contact@guardioz.com for the source code of the Agent and of the installer.

7.7 We do not update the Agent for you; the Agent Licence says how you update it. Running the installer again is not an update: it gives the monitoring role a new password and replaces the collector key.

7.8 There is no uninstall command. You remove the Agent yourself, with administrator rights, following the record in /etc/guardioz-agent/install-manifest.txt and section 8 of the Agent Licence. Deleting the Server in the Application does not remove or stop the Agent.

7.9 Keep your password, API tokens, collector keys and install commands confidential. Grant the monitoring role only the permissions that monitoring requires, keep the Agent up to date (section 7 of the Agent Licence), and tell us without undue delay at contact@guardioz.com if you suspect unauthorised access to your Account or to an Agent. You are responsible for what is done through your Account and your Agents until you tell us.

8. Customer Data and personal data

8.1 Customer Data, and what the Service derives from it, can contain personal data. For that personal data you are the controller, or a processor acting for your own clients. We process it on your behalf as your processor or, where you are yourself a processor, as your sub-processor, under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR). The DPA forms part of these Terms, sets out these roles in detail (clauses 2 and 4 of the DPA) and prevails over these Terms on the processing of personal data (clause 19.1 of the DPA).

8.2 For Account Data, and for the other personal data that the Privacy Policy describes as processed by us as controller, we are the controller. The Privacy Policy explains how we use that data. The Privacy Policy gives information; it is not a term of this contract, and we may update it without changing these Terms.

8.3 The table below names each category of data that the Agent collects:

8.4 The record of a Server in the Application also holds free-text fields that you type, such as a host name and user names. Our systems also record the IP address of the Agent's host. Annex I of the DPA describes each category in full, how often it is sent and what the Agent does not read. https://docs.guardioz.com/reference/data-collected/ describes the same data in plain words.

8.5 The Agent and the Application have no setting to exclude a dataset, a setting, a database or a column from collection. Apart from what clause 8.6 describes, we do not redact, mask, hash or shorten SQL text, setting values or index definitions. What you control is the PostgreSQL permissions of the monitoring role, which databases allow connections, the installer option --no-pgdata-access, and removing the Agent.

8.6 Before a Snapshot leaves your server, the Agent removes two kinds of secret:

• (a) of the settings archive_command, archive_cleanup_command, restore_command, recovery_end_command and ssl_passphrase_command, it sends only whether each one is set, and it sends primary_conninfo with its password replaced;
• (b) in SQL text, it replaces a value in quotation marks written right after the word PASSWORD, for example in ALTER ROLE ... PASSWORD.

Because of clause 8.5, keep other passwords and secrets out of what the Agent can read: out of the values of other settings, for example the settings that extensions add, and out of SQL text in any other form, for example a connection string with a password passed to a function. A secret that was in a setting value stays in the settings history that we store, also after you remove it from the setting, until you delete the Server, and then in backups as clause 16.7 says.

8.7 SQL statements, setting values, index definitions and object names can contain personal data of any kind, including special categories of personal data, and only you know what they contain (Annex I, A7 of the DPA). You are responsible for having a legal basis for sending this data to us, for keeping secrets out of it, and for informing the people concerned, for example the people whose database sessions are visible. We do not inform them. Clause 16 of the DPA sets out these duties in detail.

8.8 One group of checks reads SQL text to classify database processes. SQL text is not shown in findings, on pages of the Application or in e-mails. Findings can show names from your Server, for example the names of databases, schemas, tables, indexes, replication slots and transaction log files, index definitions, and the database user name and application name of a session that holds back vacuum.

8.9 During the contract, the Service does not delete Customer Data by age. You decide how long it is kept by deleting Servers or the Account (clauses 16.4 and 16.5). After the contract ends, the data is deleted as clause 16 says.

8.10 We process Customer Data to provide the Service to you, on your documented instructions, as the DPA says. On the same instructions we anonymise it and use the anonymised data to maintain and improve the Service, for example in statistics across all customers. Anonymised data contains no personal data, and the statistics name no customer, no Server and no object on a Server, such as a database or a table. We do not use Customer Data, or anonymised data made from it, to train AI models. Clause 7 of the DPA describes this use.

8.11 To run the Service, find faults and help you, we review the state of your Organization: its Servers, whether their Agents deliver Snapshots, whether analyses succeed, which findings the Application shows and whether our e-mails are delivered. This is part of providing the Service to you.

8.12 E-mail notifications about findings are sent through an e-mail provider. They carry the name of the Server (by default the host name) and data taken from Customer Data, such as a measured value or the name of a replication slot. Annex I of the DPA says what they carry; the Service Provider List names the provider.

8.13 If you need a copy of your Customer Data or Account Data, write to contact@guardioz.com and we prepare it (clause 16.11).

8.14 The DPA says how and when we tell you about a personal data breach that affects Customer Data.

9. Acceptable use

9.1 You must not:

• (a) supply unlawful content to the Service in any way, including through the fields of the Account, the names of Servers and what the Agent sends;
• (b) register a PostgreSQL instance, or install the Agent on a server, that you have no right to monitor;
• (c) register with an e-mail address that is not yours;
• (d) try to reach data of another customer, or to get around the sign-in, the collector key or the request limits of the Service;
• (e) send requests in a number or in a way that harms the Service (the Service refuses requests above its limits);
• (f) send Snapshots by other means than the Agent, used as the Agent Licence allows;
• (g) use the Service to break the law or the rights of other people.

9.2 To report unlawful content or misuse of the Service, write to contact@guardioz.com. Please include: why you consider the content unlawful; where we can find it, as precisely as you can; your name and e-mail address; and your statement that you believe in good faith that the information in your report is accurate and complete. We confirm that we received the report, decide on it without undue delay and tell you our decision.

9.3 If you break this clause, clauses 16.9 and 16.10 apply.

10. Technical requirements and risks

10.1 To use the Application you need a device with internet access, a web browser that accepts cookies and runs JavaScript, and an e-mail address that can receive our e-mails.

10.2 The Agent works only in the supported environment:

10.3 We have no duty to make the Service work in an environment that is not supported. https://docs.guardioz.com/start/requirements/ describes the supported environment in more detail.

10.4 The Agent works within fixed limits on query time and on the amount of data it reads. Data above a limit is not collected. https://docs.guardioz.com/reference/limits/ lists the limits.

10.5 Using any service over the internet carries risks, such as malicious software, e-mails that pretend to come from us to steal a password (phishing), attempts to take over an account, and interception of data in transit. Protect your devices, check that a message really comes from guardioz.com before you act on it, and follow clause 7.9.

10.6 Risks specific to the Service:

• (a) the Agent is software that we provide for installation on your server: it reads data from PostgreSQL and from the operating system and sends it to the Service, to give you findings (clauses 3.1 and 7, and section 6 of the Agent Licence), and installing it changes your server and your PostgreSQL (clause 7.4);
• (b) what the Agent sends can contain personal data and secrets from your systems (clauses 8.5 to 8.7);
• (c) whoever has an install command or a collector key can register a Server or send data as your Server (clauses 7.3 and 7.5);
• (d) some commands in recommendations cannot be undone or need a restart of PostgreSQL (clause 3.4);
• (e) notifications about findings can be delayed or not delivered (clause 11.5).

11. Availability and changes

11.1 These Terms contain no service level: we make no commitment about a level of availability, about the time to restore the Service, or about how much data a restore recovers. On a paid plan, we take reasonable steps to keep the Service available and to restore it after a failure without undue delay. We make backups of the production database, and we make no commitment about them either.

11.2 The Service may be unavailable because of failures, releases or maintenance. Where reasonably possible, we carry out planned maintenance at times of low use. If a failure occurs, the Service is unavailable until we restore it.

11.3 While the Service is unavailable, the Agent cannot deliver Snapshots. A Snapshot that cannot be delivered is lost, because the Agent does not keep it for later, and your findings then have a gap.

11.4 We can add, change and remove features, checks and recommendations. A change that needs a change to these Terms follows clause 19.

11.5 E-mail notifications about findings are not a guaranteed alerting channel. Do not rely on them as the alerting for a production database.

• (a) Delivery is not guaranteed.
• (b) A notification can be sent only after a new Snapshot is analysed. If no Snapshot arrives, no notification about findings is sent.
• (c) Notifications go to the confirmed e-mail address of the Account.
• (d) You switch them on and off in the settings of the Account. The critical level is on by default; the warning and suggestion levels are off by default. On the Free plan only the critical level sends e-mail, and the warning and suggestion levels cannot be switched on (clause 4.3).

11.6 The Service also cannot work properly if your infrastructure does not, for example your server, operating system, PostgreSQL instance, network, firewall or proxy, or if the infrastructure of third parties on which the Service depends, such as hosting, e-mail or internet providers, fails. We are not responsible for failures of your infrastructure, or of third parties that you use, or for their consequences. For the providers that we use, clause 15 applies.

12. Support and messages from us

12.1 Support has one channel: contact@guardioz.com. These Terms set no response time for support.

12.2 To answer you, we look at the Snapshots and the findings of your Servers, and we can ask for technical details, such as the output of the installer or lines from the Agent's log. Do not send us passwords, the collector key or an install command.

12.3 When we see a problem with one of your Servers, for example an Agent that stopped sending Snapshots (clause 8.11), we can write to the e-mail address of the Account to offer help.

12.4 After the e-mail address of a new Account is confirmed for the first time, or when an Account is created with Google or GitHub, we send one welcome e-mail. It comes from the personal address of a member of our team, and a reply to it reaches that person.

12.5 Other e-mails from the Application come from noreply@guardioz.com. To reach us, write to contact@guardioz.com instead of replying to them. We never ask for your password by e-mail.

13. Intellectual property and feedback

13.1 We and our licensors hold all rights, including intellectual property rights, in the Service, the Application, the Agent, the Documentation, the Website and the Guardioz name and logo. You get no rights other than the ones in these Terms and in the Agent Licence.

13.2 While the contract lasts, you may use the Application for your business purposes, including to monitor databases that you operate for your own clients. This right is non-exclusive and non-transferable, and you may not sublicense it. You may not resell or provide the Service to third parties as a standalone service, circumvent its technical limits or security, or use it to build a competing product. This does not limit your rights under mandatory law, including Article 75 of the Polish Copyright Act.

13.3 You keep your rights in Customer Data.

13.4 You can send us feedback, and we can use it without payment and without any duty to you. Customers have a real say in what we build next. This is a promise of influence, not of a specific feature or date.

14. No warranty

14.1 We provide the Service in the state it is in when you use it, with the faults it may have. To the extent the law allows, the statutory warranty for defects (rękojmia) is excluded.

14.2 We do not promise that the Service works without errors, that it finds every problem on your Server, that a finding is right for your workload, or that a recommendation has the effect you expect. Before you run a command, check it and test it in a way that fits your system.

14.3 Findings are computed from what the Agent measured. When a measurement is missing, or the environment is not supported, findings can be missing or wrong.

15. Liability

15.1 On the Free plan, to the extent the law allows, we are not liable for damage from the use of the Service or from being unable to use it, including lost profit, lost data, downtime of your systems and the effects of a command that you ran.

15.2 On a paid plan, to the extent the law allows, we are liable only for your actual loss and not for lost profit, and our total liability under these Terms and the DPA is limited to the amount that you paid us for the Service in the 12 months before the event that caused the damage.

15.3 Nothing in these Terms excludes or limits liability for damage caused intentionally or through gross negligence, or any other liability that the law does not allow a contract to exclude or limit.

15.4 This clause does not change what either of us owes, under data protection law, to a person whose personal data is processed or to a supervisory authority.

16. Term, suspension, termination and your data

16.1 The contract starts as clause 6.2 says and has no fixed end.

16.2 You can stop using the Service at any time. You can end the contract at any time, without a reason and without notice, by deleting the Account in the settings or by writing to contact@guardioz.com. If you write to us, we delete the Account as clause 16.8 says, and the contract ends when we confirm by e-mail that the Account is deleted.

16.3 Ending the contract does not stop an installed Agent. To stop collection and have your data deleted, take these steps in this order: (1) remove the Agent from each server (clause 7.8); (2) delete the Account (clause 16.5). Deleted data then stays in backups and logs for a time (clause 16.7).

16.4 Deleting a Server is immediate and cannot be undone. It deletes the Server record and the Customer Data collected from that Server, including the technical records of analysis runs, from the production database. The Agent keeps running until you remove it (clause 7.8).

16.5 Deleting the Account deletes the user and the sign-in data of that person. Because you cannot add a second person to an Organization (clause 6.4), it also deletes the Organization with its name and every Server of the Organization, each as clause 16.4 describes. It is immediate and cannot be undone.

16.6 If an Agent is still installed when you delete the Account, it keeps running and reading your PostgreSQL until you remove it (clause 7.8). The Service refuses what it sends, because its collector key is deleted with its Server.

16.7 Deleted data stays for a limited time in backups, logs, error reports and e-mails that were already sent. For Customer Data, clauses 13.6 and 13.7 of the DPA say what stays and for how long; for Account Data, section 9 of the Privacy Policy.

16.8 We carry out these requests by e-mail: deleting the Account when you end the contract by e-mail (clause 16.2), after the contract ends (clause 16.10), or when you cannot delete it yourself, for example because it is disabled (clause 16.9); sending a copy of your data (clause 16.11 and clause 13.8 of the DPA); removing a registration made with your e-mail address (clause 6.10); and changing the e-mail address of the Account (clause 6.8). Write to contact@guardioz.com. We confirm the request by writing to the e-mail address of the Account and act on the reply from that address. We carry out a confirmed request within 30 days of receiving it. Deleting the Account this way deletes the same data as clause 16.5.

16.9 We can disable an Account when you break clause 5 or 9, when it puts the Service or other customers at risk, or when the law or an authority requires it. We tell you by e-mail, with the reason, unless the law forbids that. While the Account is disabled you cannot sign in, and an installed Agent keeps sending and we keep storing what it sends; remove the Agent to stop it. To have the Account reopened, or to disagree with our decision, write to contact@guardioz.com. To have the Account and your data deleted, write to the same address (clause 16.8). If the Account is not reopened within 30 days after we disable it, we can end the contract under clause 16.10, and your data is then deleted as that clause says.

16.10 We can end the contract without a reason, by e-mail to the address of the Account, at least 30 days before the end date. We can end it without notice when you seriously break clause 5 or clause 9. Before the end date you can delete the Account yourself, with the Organization and its data (clause 16.5). After the end date we keep your data for 30 days, so that you can ask for a copy (clause 16.11), and then we delete it, as clause 16.5 describes.

16.11 Copy of your data and switching to another service. You can ask us, by e-mail to contact@guardioz.com, for a copy of your Customer Data, of the data that the Service derived from it (findings, settings history and machine profiles) and of your Account Data, while the contract lasts and within 30 days after it ends. We send the copy within 30 days of the request, free of charge, in a structured, commonly used and machine-readable format, such as CSV or JSON. The Application has no export function, so we prepare the copy ourselves. Deleting a Server or the Account deletes its data at once (clauses 16.4 and 16.5), so ask for the copy before you delete. We charge nothing for ending the contract or for moving to another service.

16.12 Switching to another provider. To switch to another provider of a similar service, or to your own infrastructure, ask us for the copy in clause 16.11. You can do this at any time, without a notice period, and the Service keeps working until the contract ends; you decide when it ends (clause 16.2). The copy contains all of the data that the Service holds for your Organization and that can be exported: your Customer Data, the data derived from it, and your Account Data. When the contract ends in another way, you can still ask for the copy within 30 days after the end, and after that we delete the data (clause 16.10).

16.13 Clauses 13, 14, 15, 20 and 21 stay in force after the contract ends. Clause 8, clauses 16.4 to 16.12 and the DPA stay in force for as long as we hold Customer Data.

17. Complaints

17.1 To file a complaint about the Service, write to contact@guardioz.com, or send a letter to our registered address (clause 1.2(a)).

17.2 Please include:

• (a) the e-mail address of the Account;
• (b) the name of the Server, if the complaint is about a Server;
• (c) what happened and when;
• (d) what you expect from us.

17.3 We answer by e-mail within 14 days after we receive the complaint. Our answer says whether we accept the complaint and, if we do, what we will do. If we need more information, we ask for it, and the 14 days then start when we receive that information.

17.4 For questions and complaints about personal data, see the Privacy Policy and the DPA, or write to our data protection officer, whom the Privacy Policy names, at IOD@cloudsonmars.com.

18. The Website, the Documentation and the Demo

18.1 The Website, the Documentation and the Demo are free to use and need no Account. This clause 18 sets out the terms for using them. The other clauses of these Terms apply to them only where this clause says so.

18.2 To use them you need a device with internet access and a web browser. The Demo shows a sample Organization with sample data, read-only; none of its data comes from a customer.

18.3 You must not use them to break the law, to send unlawful content, to attack or overload them, or to get around their security. You can stop using them at any time.

18.4 They are provided as they are. Clauses 13.1, 14 and 15.1 apply to them in the same way as to the Free plan, and clause 15.3 also applies.

18.5 Complaints about them follow clause 17, and clauses 20 and 21.3 apply to their use. The Privacy Policy describes the data that they process.

19. Changes to the Terms

19.1 We can change these Terms for one of these reasons:

• (a) a change in the law or a decision of an authority;
• (b) a change in how the Service works, including its plans and prices;
• (c) security;
• (d) a change of a provider that we use;
• (e) the correction of an error or of unclear wording.

19.2 We announce a change by e-mail to the address of the Account at least 30 days before it takes effect. The e-mail says what changes and on which date, and it carries the new text or a link to it, so that you can save it.

19.3 If you do not accept a change, you can end the contract before that date (clause 16.2). Otherwise the change applies to you from that date.

19.4 A change can take effect sooner when the law or an authority requires it, or when it is needed urgently to protect the security of the Service or of customers. We then say so in the e-mail.

19.5 The Service Provider List says how we announce a change to it. For sub-processors that can process Customer Data, the DPA gives you the right to object.

20. Governing law and courts

20.1 Polish law governs these Terms.

20.2 Disputes go to the Polish common court competent for our registered office.

20.3 Clauses 20.1 and 20.2 do not deprive a person to whom clause 5.4 applies of the protection of the mandatory law of the country where that person lives, or of the right to go to the court that the law makes competent for that person.

21. Final provisions

21.1 This contract is concluded in English. We provide these Terms, the DPA and the Agent Licence in English.

21.2 These Terms, the DPA, the Agent Licence and, for a paid plan, the order confirmation (clause 4.5) are the whole contract about the Service. The DPA comes first for personal data in Customer Data, and the Agent Licence for the licence to the Agent. The Documentation describes the Service and is not part of this contract; where it differs from these documents, they apply.

21.3 If a provision of these Terms is or becomes invalid or unenforceable, the other provisions stay in force. The invalid provision is replaced with a valid one that best reflects its purpose and the intention of the parties.

21.4 You cannot transfer this contract without our consent. You consent to our transferring it to a company that takes over the Service; we tell you by e-mail before the transfer, and you can end the contract before it takes effect (clause 16.2). This does not apply to a succession by operation of law, such as a merger.

21.5 We write to you at the e-mail address of the Account, and you write to us at contact@guardioz.com. Legal notices can also be sent to our registered address (clause 1.2(a)). Keep the address of the Account reachable (clause 6.8).

21.6 contact@guardioz.com is also our single point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065, the Digital Services Act, for the authorities of the Member States, the European Commission, the European Board for Digital Services and the recipients of the Service. Write to it in English or in Polish.

21.7 Neither of us is liable for failing to perform or for delay in performing this contract to the extent caused by events beyond our reasonable control that could not have been prevented with reasonable care, such as natural disasters, war, acts of public authorities, or failures of third-party infrastructure, including large-scale attacks on it, provided that the affected party has taken reasonable measures to prevent and mitigate them. The affected party tells the other without undue delay and resumes performance as soon as possible.