Terms of Use for Business

Effective as of November 26, 2025

A. Introductory provisions

1.These Terms. These Terms of Use ("Terms") constitute an agreement between ESET, spol. s r. o., having its registered office at Einsteinova 24, 85101 Bratislava, Slovak Republic, registered in the Commercial Register administered by Bratislava III Municipal Court, Section Sro, Entry No 3586/B, Business Registration Number: 31333532 ("We" or "ESET") and you, a legal or natural person ("You" or "User") who seeks to obtain or has obtained a right to use ESET products and/or ESET services included in our standardized offering for businesses (except for small businesses offering) ("Subscription"), who registers for and uses the ESET PROTECT Hub account, ESET Business Account, ESET MSP Administrator or ESET Services HUB ("Account") or who uses services or features provided by ESET through the Account (Subscriptions and services provided through the Account collectively as "Services"), setting forth, among other things, the terms and conditions for their use.

2.Representation. If You are obtaining the Subscription, registering the Account, using or deploying our Services for an organization, You agree to these Terms on behalf of that organization and warrant that You have such authority. In that case, "You" and "User" will refer to that organization, not an individual accepting these Terms.

3.Binding character. Read these Terms carefully before using or purchasing any Services or creating the Account. These Terms will become binding to You, and the contract between You and ESET will be concluded when: (i) ESET or ESET partner sends You email confirmation you have successfully purchased or obtained our Subscription ("Subscription Confirmation"), (ii) your Account was successfully created or a Service successfully deployed, or (iii) You access or start to use any part of the Services, whichever occurs first.

4.Master Agreement. These Terms are a master agreement outlining general conditions for the provision and use of our Services. Certain Services or their components, as well as specific Users, may be subject to additional special terms applicable solely to them, which are contained in the Annexes to these Terms ("Special Terms"). These Special Terms apply to You only if You have purchased, accessed, or used the relevant Service or its component, are using the Service in a specific User role, or otherwise meet the conditions for their applicability. If such Special Terms are inconsistent with these Terms, and unless otherwise provided, the provisions of Special Terms shall take precedence. You can find such Special Terms below. Moreover, the use of Services or their components may also be subject to additional prerequisites or technical requirements, which are detailed and available together with deployment manuals in the applicable documentation accessible via ESET Online Help and via our Subscription offering overview ("documentation"). In case of any inconsistencies between the documentation and these Terms, these Terms shall take precedence.

5.Terms scope. Note that any purchase, payment or auto-renewal terms (if applicable) as well as any initial supply/delivery terms related to Services are out of the scope of these Terms and will be agreed separately between You and ESET or the ESET partner from whom You are purchasing the respective Service.

B. Our Services, their ordering and use

1.You and your Roles. Our Services are provided to a varying set of Users, who may use them for different purposes depending on their role. These roles determine their entitlement to various scopes of Services and impose distinct sets of rights and obligations. A User may be either:

i.an entity who purchases or obtains Subscription provided pursuant to these Terms for their own internal use ("Customer") or for internal use of entities that are controlled by, controlling or under common control ("Affiliates") of the Customer;

ii.a managed service provider, who has concluded an agreement with ESET or ESET partner allowing them to use Services to provide their own services (in their own name and account) to their clients and who purchases or obtains Subscription pursuant to these Terms for the related purposes ("MSP"). The term MSP includes also an MSP manager who obtains Subscription for the purposes stated in this Section ii;

iii.an ESET partner, who has concluded an agreement with ESET or other ESET partner related to distribution of ESET Subscriptions and who uses Services provided through the Account for the purposes related to distribution ("ESET Partner"). For example, ESET Partner can be an ESET office, an exclusive or non-exclusive distributor, a reseller, an MSP distributor or an MSP manager who obtains Subscription or uses our Services for the purposes stated in this Section iii; or

iv.a legal or natural person who obtains a limited right to use Services from the Customer, MSP or ESET Partner in accordance with these Terms, who uses or accesses any of the Services or who benefits from the use of Services by Customer or MSP ("End-User").

All rights and obligations directed at "You" or "User" are applicable for all User roles, therefore for Customers, ESET partners, MSPs and End-Users (each of them separately as "Role"). Some Users may have more Roles in relation to our Services, however, only one Role can be applicable to You in relation to a specific Subscription or a specific Service, depending on the purpose for which You have obtained or gained your right to use them (as stated for each Role above and further clarified in Section B.19 of the Terms). Therefore, if You for example obtained a specific Subscription for your own internal purposes, You will be deemed a Customer, but if you have obtained it to provide your own services and have a valid MSP agreement, You will be considered an MSP for this specific Subscription. If, for example, You are ordering a specific Subscription for the use by another entity and have a valid distribution agreement, You will be deemed an ESET partner regarding such Subscription. You shall ensure that You comply with all relevant provisions of these Terms pertaining to each of your Roles when You use our Services. Moreover, the term "Party" is used in these Terms to refer to both - User and ESET.

2.Our Services. Pursuant to these Terms, ESET will provide You with various Services, subject to your fulfillment of the prerequisites defined herein and depending on your Role and exact Services rights you have obtained. You may find more detailed specifications of the Services provided according to these Terms in the documentation and Service-specific terms below in Special Terms. Bear in mind that the exact Services to be provided to You by ESET depend on your Role, which Subscription You have purchased or obtained and may also depend on the country where You are located and the platform/operating system on which You choose to use them. Therefore, some functionalities and Products may not be available in your country or on all platforms/operating systems. You also need to ensure that You meet our technical requirements and prerequisites to be able to use the Services. You may find more detailed information on this topic in our documentation. We may use subcontractors to provide any Services or their part.

3.Services for ESET Partners. In your role as an ESET Partner, We may only provide You with Services that support your rights and obligations in relation to distribution of ESET Subscriptions, as defined in Special Terms. Services for ESET partners are provided mainly through the Account.

4.Services for Customers and MSPs. If You are a Customer or MSP, We will provide You with Services included in your Subscription. Such Services require using our standardized locally installed products and/or our cloud-based products (together as "Product"). As a Customer or MSP, You may obtain the right to use our Services by:

i.purchasing Subscription to a Protection Tier (Section B.6, of the Terms),

ii.purchasing Subscription to standalone Products and/or standalone Professional and Security Services (Section B.7 of the Terms), or

iii.obtaining a Trial Subscription (Section B.8 of the Terms),

The Services can be purchased directly from ESET or ESET Partners under separate purchasing and payment terms.

5.Services for End-Users. If You are an End-User, You may use our Services or benefit from them based on the right You have obtained from the Customer, MSP or ESET Partner in accordance with these Terms. Bear in mind that We may only be obliged to provide our Services to Customers, MSPs or ESET partners and not to You directly. Your right to use our Services as End-User is therefore fully dependent on the other Role that granted You such right, so You may not require any Service provision from ESET nor any ESET Partners directly.

6.Subscription to a Protection Tier. A Customer or MSP may obtain the right to use our Services by purchasing a Subscription to a particular standardized ESET Protection Tier. A "Protection Tier" consists of our standard services, Products, features and capabilities combined into modules that provide certain common functionality ("Modules") and are grouped into various tiers We offer, each representing a defined level of protection provided by ESET. By subscribing to the Protection Tier through ESET or an ESET partner (as detailed in Section B.9 of the Terms), the Customer or MSP will gain a right to be provided with the purchased Protection Tier and all its included Modules, for the agreed Subscription period and subject to limitations stated in these Terms. Your Subscription Confirmation will specify details of your Subscription, including the Subscription period, any relevant quantities and the Protection Tier You should be provided with.

7.Subscription to standalone Products and/or Professional and Security Services. Instead of obtaining a Subscription to a Protection Tier, a Customer or MSP may obtain the right to use our Services by purchasing a Subscription to standalone Product(s) and/or standalone Professional and Security Services (as defined in our Special Terms). By subscribing to a Product or a Professional or Security Service through ESET or an ESET partner (as detailed in Section B.9 of the Terms), the Customer or MSP will gain a right to be provided, for the agreed Subscription period and subject to limitations stated in these Terms, with the purchased Product and/or Professional or Security Service, as detailed in your Subscription Confirmation.

8.Trial Subscription. If you are a Customer or MSP, We may, at our sole discretion, provide You with a Protection Tier, standalone Products and/or standalone Professional and Security Services on a free trial basis for a duration We determine ("Trial Subscription"). If You are offered a Trial Subscription, the specific terms will be outlined at the time of signup and/or in the promotional materials describing the Trial Subscription. Your use of the Trial Subscription is subject to compliance with specific terms of the Trial Subscription offer as well as these Terms. Unless otherwise stated, these trials are only available to Customers who have not previously subscribed to the Services for which the trial is being offered. We reserve the right to modify or terminate Trial Subscription at any time, without notice and at our sole discretion. By obtaining a Trial Subscription to a Service through ESET or an ESET partner (as detailed in Section B.9 of the Terms), the Customer or MSP will gain a right to be provided, for the agreed Subscription period and subject to limitations stated in these Terms, with the Services specified in the Trial Subscription offer and as detailed in your Subscription Confirmation.

9.Subscription ordering. As a Customer or MSP, You may subscribe to our Services through any legal act as agreed upon with and communicated to an ESET partner or directly to us, by which You request any of our Subscriptions, and which We or our ESET partner then enter into the ESET business platform ("Order"). The Order specifies the ordered Subscription, the relevant quantities, and Subscription period. Any other information or conditions communicated by the Customer or MSP are not binding for ESET, unless they are specifically agreed upon in writing by both parties. ESET accepts the Order by sending the email Subscription Confirmation to the Customer or MSP. The Order becomes effective, and the contract for the provision of the ordered Subscription is concluded upon delivery of the Subscription Confirmation, which contains relevant details about your Subscription. This section on Subscription ordering applies accordingly to any requests for adjusting the existing Subscription, including renewal, upgrade, separate add-on purchase, extension of Subscription period, or obtaining additional Subscription quantities. Such requests will be processed as an Order. For Subscriptions with active auto-renewal, the Subscription period will be automatically extended for the agreed duration at the end of the previous Subscription period, unless auto-renewal is cancelled.

10.Pre-release Services. In case You obtain a Trial Subscription to our Product, Service or a certain feature labeled as "Beta", "Early Access", "Pre-release" or similarly marked by ESET as untested, experimental or not being finished ("Pre-release Services"), You acknowledge that they may contain errors and bugs that may cause malfunctioning of the Pre-release Service, but also damage, including system failures, interruptions or data loss. Any Updates, assistance or technical support provided in relation to Pre-release Services is provided at our sole discretion and may be discontinued at any time. ESET has no duty to store data or other information collected through Pre-release Services and may delete them without any prior notice. You also acknowledge that documentation for the Pre-release Services may not be available until their official launch. Pre-release Services shall be provided to You during the period stated in the document or communication based on which You obtained such right; however, We are entitled to discontinue provision of a Pre-release Service or any of its features at our sole discretion at any time. In such case, We should send you a prior notice at least thirty (30) days before terminating its provision, unless it is not practicable due to important commercial, technical, security or other reasons.

11.NFR Subscription. Our qualified ESET partners (or other entities defined in our NFR Policy) may be eligible to obtain a "not-for-resale" ("NFR") Subscription to a Protection Tier, standalone Products and/or standalone Professional and Security Services. Subscriptions marked as NFR are provided in accordance with our NFR Policy and subject to its terms and conditions. ESET partners (or other authorized entities) using an NFR Subscription are considered Customers for these Subscriptions according to these Terms, and all provisions related to Customers apply to them accordingly. Therefore, they cannot distribute or assign their NFR Subscription to other entities and may only use it for internal training, demonstrations to Customers or MSPs, or for other purposes as permitted by NFR Policy.

12.Services start date. The start date for the provision of our Services—and thus the day from which the Services are available to You as a Customer or MSP—is the date specified in the Subscription Confirmation, the date when the Subscription Confirmation is sent (if unspecified), or the date when You successfully create an Account. In case You are an ESET partner, the Services start date is the day when your Account is created, as confirmed by an Account confirmation email.

13.Your Account. The Account enables You to access and use ESET Services. If You are a Customer or MSP, it is obligatory for You to have an Account; otherwise, You will not be able to activate and use our Services. If You are an ESET partner or MSP, your Account will be pre-created for You by ESET or other ESET partner, depending on with whom You have concluded a contract related to Services distribution or managed services provision. Activating your Account is necessary to access our Services.

14.ESET Products. To use the obtained Services, Customers and MSPs must locally install the required ESET Products on those device(s) intended to benefit from our Services and ensure they are connected to the Internet to ensure optimal and up-to-date performance. The use of our locally installed Products is subject to our license terms as defined in Section E.2 of the Terms, and may also be subject to additional prerequisites or technical requirements, detailed and available in the applicable documentation. In addition, Customers and MSPs will need to activate our cloud-based Products included in their Subscription in accordance with our documentation to be able to use them. Our cloud-based Products are provided "as a Service". Therefore, we do not grant You a license but a right to remotely access and use them pursuant to these Terms.

15.Updates. As our Services are constantly evolving, ESET may, from time to time and without your permission or consent, deploy an update, upgrade or replacement for any part of the Service as well as the included Product ("Update"). Every Update will be deemed a part of the Service after its deployment for the purpose of these Terms. The update may include adding, removing or modifying any features or functionalities included in Services or replacing them entirely. You may not be able to use the affected Services until the Update is fully deployed. In some cases, You may need to download or install a certain Product Update to obtain maximum benefit from our Service. ESET may stop providing You with technical support and newer Updates or otherwise limit the Services provided to You until you install such required Updates. ESET has no obligation to provide You with a specific Update and may decide when and if the Update is appropriate. ESET may, at its sole discretion, stop providing Updates (i) for any other versions of the Service than the most current one or (ii) supporting the use of the Services in connection with any versions of operating systems or other software with which the Service is designed to operate.

16.Product Updates. The rules on Updates above also apply to Product Updates, which will be installed automatically unless You disable them in the Product settings. Provision of any Product Updates may be subject to End of Life Policy ("EOL Policy"). No Updates will be provided after the Product or any of its features reaches the End-of-Life date as defined in the EOL Policy.

17.ESET obligations. Subject to limitations stated in these Terms and documentation, We will provide our Services to You with due care, in a professional manner and in compliance with these Terms.

18.Your rights. Your right to use the Services is non-exclusive, non-transferable, and subject to conditions and limitations laid out in these Terms, Special Terms, and documentation, as well as your compliance with these legal documents. You may only use our Services in a conventional manner and only for the purposes for which they are intended, as described in Terms and Special Terms. Moreover, You have the right to use the Services on the agreed number of devices and for the duration of your Subscription period or for the duration of your Role as an ESET Partner or MSP. ESET (and its contractors or licensors) reserve all rights not explicitly granted to You by these Terms or Special Terms.

19.Permitted use.

i.As a Customer, You may only use our Services for your own internal purposes related to information security. You may allow use of our Services to your Affiliates who may use or benefit from them as End-Users, provided that You comply with Affiliate-related obligations of these Terms. Furthermore, You may allow access to our Services to your or your Affiliate's third party contractors who: (i) You have authorized to access our Services for your internal information security purposes, (ii) provide You with their own services based on a separate agreement, (iii) are not involved in developing, distributing or providing services that are similar and could compete with our Services and (iv) are subject to confidentiality obligations comparable to those set out in these Terms.

ii.As an MSP, You are authorized to use Services to provide your own IT services to your clients under your name and account, subject to your compliance with MSP-related obligations specified in these Terms. Your client is considered an End-User under these Terms.

iii.As an ESET Partner, You may use our Services for the purpose of distribution of Subscriptions, provided You comply with ESET partner-related obligations specified in these Terms.

iv.As an End-User, You may use the Services solely in line with the purposes of particular Role that enabled You their use and in line with the rights they granted to You. If You are a Customer's Affiliate or MSP client, You may use or benefit from our Services for your own internal purposes related to information security, in accordance with these Terms and the limited right You have obtained from the Customer or MSP pursuant to these Terms.

Any violations of these obligations shall be deemed as a substantial/material breach of the Terms.

20.Fair Use Policy. You may only use the Services in a way that does not limit the possibilities of other Users to access, and use them and in line with Service-specific fair use limitations specified in documentation. In exceptional cases when your use of the Services is significantly excessive compared to other Users of a similar character or when such use can be considered unreasonable, We reserve the right to restrict or limit the provision of Services to You or to charge You additional fees via the ESET Partner or directly, if no ESET Partner is involved. In such cases, ESET or ESET partner should propose to You an alternative solution to address your Service-related needs.

21.Your obligations. You are responsible for using your Account and Services and keeping any Subscription activation codes or license keys (collectively "Activation Code") as well as any passwords confidential and secure. To the maximum extent permitted by applicable law, You agree to accept responsibility for all activities under your Account or Activation Code. To maintain control over your Account and Services and to prevent unauthorized access, You shall not disclose your Activation Code or passwords to anyone except your End-Users, and You shall restrict access of third parties to your devices, unless otherwise expressly permitted by these Terms. You are required to inform us immediately if your password or Activation Code has been unintentionally disclosed, if an unauthorized person has accessed or used your Account or Services, or if You have a reason to believe that such events may occur. Moreover, You shall ensure that the data You provide to us during the registration process or through your Account are accurate and up to date, and that You inform us of any changes by updating the information through your Account.

22.Forbidden Use. Unless expressly stated otherwise in these Terms, You shall not:

i.use the Services for any illegal purposes, including in connection with any criminal or fraudulent activities or in any way that may result in interruption, disruption or any damage to Services and our websites, may be harmful to others, or is otherwise contrary to these Terms and documentation,

ii.sell, sub-license, lease, rent or borrow any Service, Product or their part or use them for the provision of commercial services, unless these Terms expressly allow it,

iii.allow access or use of our Services by any third parties other than your employees, ESET or relevant ESET partners, unless expressly allowed by these Terms,

iv.reverse engineer, reverse compile or disassemble the Product or any Service feature or otherwise attempt to discover their source code, except to the extent that this restriction is expressly prohibited by law; or

v.exercise any activities involving use of the Activation code contrary to these Terms or leading to provision of Activation Code to any person who is not entitled to use the Services, such as the transfer of used or unused Activation Code in any form, as well as the unauthorized reproduction, or distribution of duplicated or generated Activation Codes or using the Service as a result of the use of a Activation Code obtained from the source other than ESET or ESET partners, or

vi.use the Services and their features in a way that limits the possibility of other Users to access these Services. ESET reserves the right to restrict or limit the scope of Services provided to individual Users in order to enable optimal availability for the maximum number of Users. ESET reserves the right to terminate your Account, discontinue the provision of Services or refuse their provision in such cases.

Any violations of these obligations shall be deemed as a substantial/material breach of the Terms.

23.Your acknowledgments. ESET will always aim for the highest standards when providing Services; however, You acknowledge that:

i.We do not guarantee or warrant that our Services will find, locate, discover, prevent, warn of or respond to all threats, vulnerabilities, malware, or malicious software that might be present on your device or that You may encounter online or offline and that You will not hold ESET liable therefore;

ii.We provide any recommendations while providing the Services, they only have an informative character; it is solely your business decision to follow such a recommendation;

iii.You should back up your IT systems, documents, software, and other data regularly to prevent or minimize the risk of their loss or damage;

iv.You should keep our Products and other related software available, in operation and up to date (by updating and upgrading them regularly), otherwise it may have a negative impact on the quality of the provided Services;

v.unless stated otherwise, We do not guarantee the continuous availability of our Services or of any specific features, as well as any response times; and

vi.We may impose limitations on the usage of our Service or its features in the documentation or block certain kinds of usage.

ESET, ITS AFFILIATES, PARTNERS, DISTRIBUTORS AND ITS CONTRACTORS CANNOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY YOUR FAILURE TO FULFILL ANY OF THE OBLIGATIONS ABOVE OR FOR YOUR RELIANCE ON SERVICES IN CONFLICT WITH ANY OF THE ABOVE ACKNOWLEDGMENTS.

24.Cloud-based Products availability. We strive to maintain 99.5% monthly availability of our cloud-based Products, defined as the ability to access and use such Products over the internet. You can verify our cloud-based Products availability and obtain information on planned outages that exceed 15 minutes via our ESET Status Portal. Downtime, or any period when You cannot use or access our cloud-based Product, does not include planned outages, which will be announced on the ESET Status Portal at least three (3) business days in advance, unavailability due to limitations on Customer's or MSP's side or force majeure events. In the event of an outage, locally installed Products remain unaffected. The stated availability level does not apply to Pre-release Services, Trial Subscriptions, NFRs, or to the use of our Services by ESET partners.

25.Technical support. Unless your Subscription contains the ESET Premium Support Service, ESET or third parties commissioned by us shall provide technical support on the best effort basis, without any guarantees or warranties of any kind. No technical support will be provided in relation to the Product or any of its features if it reaches the End of Life date defined in the EOL Policy. You should back up all existing data, software, and program facilities before technical support is provided. We and/or commissioned ESET partners cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. ESET and/or commissioned ESET partners reserve the right to decide that resolving the problem is beyond the scope of technical support. Information on your Subscription and other data in compliance with the Privacy Policy, as well as remote access to your IT infrastructure, may be required for technical support provision.

26.ESET AI advisor. ESET AI Advisor may be available to You as part of our ESET Products. It should be used solely to analyze the incidents detected by those Products and for purposes related to the use of our Services and not for any other purposes outside of ESET Services ecosystem. When using ESET AI Advisor, bear in mind that it relies on generative AI, and therefore, its outputs must always be verified by humans to be relied upon. Furthermore, its outputs may contain Confidential Information as defined in Section D.1 of these Terms and must therefore be handled in accordance with the confidentiality provisions outlined herein. We may limit the number of queries to ESET AI Advisor, as detailed in our documentation.

C. Security and Data Protection

1.Data required for Services provision. Your full name, company name, country, valid email address, phone number, Subscription data and statistics would be required for registration and use of the Account and for the purpose of provision and functioning of Services. This data will be processed by ESET as a data controller. You therefore agree to those data being collected and transferred to ESET servers or those of our partners, where they will be processed to ensure functionality, provision and improvement of Services and for the protection of our rights. Moreover, based on these Terms, We and our ESET partners are authorized to transfer, process and store essential data identifying You for technical support and for performance of these Terms.

2.Data from locally installed Products. Our locally-installed Products contain functions that collect samples of computer viruses and other malicious computer programs and suspicious, problematic, potentially unwanted or potentially unsafe objects such as files, URLs, IP packets and ethernet frames ("Infiltrations") as well as information about the installation process, the device and/or the platform on which the Product is installed and information about the operations and functionality of the Product and then send them to ESET. The forwarded data may contain personal data (including randomly or accidentally obtained personal data) about You or End-Users of the device on which the Product is installed, as well as files affected by Infiltrations with associated metadata.
 
Data may be collected by the following functions of the Product:

i.LiveGrid Reputation System function includes collecting and sending one-way hashes related to Infiltrations to ESET. This function is enabled under the Product's standard settings.

ii.LiveGrid Feedback System function includes collecting and sending Infiltrations with associated data to ESET. You may activate this function during the installation of the Product.

This data will be processed by ESET as a data controller. We will only use them (including data on Infiltrations) for the purpose of analysis and research of Infiltrations, improvement of our Services and verification of your right to use the Services. When any of those Product functions is active, Infiltrations and related data may be collected and processed by ESET as specified in the Privacy Policy and in compliance with relevant legal regulations. You can manage these functions at any time.

3.Data processed via our cloud Products. Some of our cloud-based Products require the collection and processing of data concerning monitored endpoint devices on which our locally installed Products are deployed, as well as your network. The extent of monitoring that is being performed in your infrastructure, as well as the exact data being collected, depend on rules, exclusions, and settings managed by You and your administrators. We will therefore process such data as a data processor based on Data Processing Agreement available in Annex 3, as well as our Privacy Policy, to provide you with our Services. Such data, along with other Service-related logs, shall be stored in accordance with Logs Retention Policy of a specific cloud-based Product, as detailed in the documentation.

4.Additional data processing. In accordance with these Terms, You acknowledge the importance of cybersecurity in the dynamic digital environment and agree to the continuous monitoring and analysis of the data collected within the course of Service provision necessary for enhancing and adjusting cybersecurity strategies, detecting and counteracting malicious activities, pinpointing vulnerabilities, and consistently improving security measures and the Service itself, including the utilization of the data for these objectives, with the understanding that We will maintain transparency, ethical standards, and legal compliance. By agreeing to the Terms, You authorize using such data for the specified purposes and acknowledge our commitment to maintaining a secure environment. Furthermore, We reserve the right to use statistical, aggregated or anonymized data collected within the course of Service provision for improvement of our Services, Products and your overall experience, as well as share such data with research organizations, other security vendors, professionals or the general public via publications, blog posts, or social media to enhance awareness and prevention of internet security risks.

5.You as data controller. In case You are a data controller for data processing happening in the context of Service provision, a Data Processing Agreement included in Annex 3 will apply. In such cases, We may allow You to choose from available hosting locations for data processed in the context of Services provision, as well as recommend You a specific location. You acknowledge that by choosing a location other than the recommended one, your user experience may be affected. Based on the chosen location and your location, Standard Contractual Clauses included in the Annex 4 may apply to transfers and processing of personal data outside of the European Economic Area or a country designated as safe by the decision of the European Commission. We reserve the right to change a specific location at any time without prior notice for the purpose of improving of our Services in compliance with your location preferences (e.g. European Union). Notwithstanding the location selected by You for hosting your data, You agree and understand that We and our designated ESET partners may access Your data from locations other than the location chosen by You. This access is solely for the purposes of providing technical support, ensuring the security and enhancing the quality of our Services. You acknowledge and accept that this access is necessary for the efficient Service provision.

6.Privacy and Security Policy. We adhere to applicable privacy and data protection laws when handling personal data. For further details on how We process personal data, about our external processors and for information regarding the rights of the data subjects, please refer to our Privacy Policy. Furthermore, necessary technical and organizational measures have been implemented for data processing in relation to our Services. A more detailed description of these measures, along with information on relevant certifications obtained, is provided in our Security Policy.

D. Confidentiality

1.Confidential Information. ESET and User both acknowledge that in connection with these Terms, they may receive confidential information of the other Party. "Confidential information" means any non-public information and data, whether disclosed in written, oral, electronic, website-based, or any other form and without the need for their explicit identification as confidential by the disclosing Party. The Terms impose no obligations with respect to Confidential Information that: (i) is already known by the receiving Party at the time of disclosure; (ii) is or becomes publicly available through no fault of the receiving Party; (iii) is independently developed by the receiving Party without the use of Confidential Information of the disclosing Party; or (iv) is lawfully obtained by the receiving Party from a third party who does not have an obligation of confidentiality to the disclosing Party. The Terms do not require a Party to share Confidential Information unless stated otherwise. All Confidential Information provided by the Parties under the Terms shall remain the property of the disclosing Party. Neither Party acquires any intellectual property rights to the Confidential Information of the disclosing Party except the limited rights necessary to carry out the purposes as set forth in these Terms.

2.Restriction on Use. The Parties agree to hold Confidential Information of the other Party in strict confidence and not to disclose it to any third party, unless these Terms provide otherwise. Third parties do not include the receiving Party's Affiliates, officers, employees, and contractors, who may receive Confidential Information on a strict "need-to-know" basis and who have to be informed of their confidential nature and bound by confidentiality obligations that are comparable to those set out herein. Moreover, the Parties agree to use Confidential Information only for the purposes set forth in these Terms. The receiving Party's duty to protect Confidential Information expires five (5) years from disclosure.

3.Exceptions. Notwithstanding the provisions of this section, either Party may disclose Confidential Information if the disclosing Party specifically agrees to such disclosure in writing or to the extent it is necessary to comply with their statutory duty. In such case, the disclosing Party shall inform the other Party of the disclosure obligation in advance, at the latest without undue delay after becoming aware of the court or other official order, unless they are obliged to keep such information confidential.

4.Handling Confidential Information. The Parties agree to protect Confidential Information disclosed to them with at least the same degree of care, but no less than a reasonable degree of care, as they normally exercise to protect their own Confidential Information of similar character and importance and shall prevent any use of Confidential Information not authorized by the Terms and any disclosure of Confidential Information to any third Party or their publication.

5.Destruction. Upon request by the disclosing Party, the receiving Party shall promptly return or destroy all Confidential Information received, including all copies thereof. Exceptions include copies of Confidential Information that (i) must be retained for compliance purposes under a document retention policy or as required by its statutory duty or professional standards; or (ii) have been generated by automatic backup systems with limited retention periods, provided their deletion would involve disproportionate effort. In such instances, the receiving Party will refrain from using these copies and will delete them without undue delay upon recovery. If requested, the receiving Party shall certify in writing that all Confidential Information and copies thereof have been destroyed, and, if applicable, confirm that some copies were retained in accordance with this provision.

E. Intellectual Property Rights

1.Intellectual property rights. ESET or its respective licensors are owners or holders of copyright or other intellectual property rights to our Products, Services and their components, outputs and any Updates (except included open source software as detailed in Section E.3 of these Terms), as well as any content available together with or through our Products, Services or on our websites, including all and any our trademarks, designs, patents, technical and non-technical documentation and any other text, documents, images, logos, icons or databases of any kind ("Intellectual Property"). ESET and its respective licensors reserve all Intellectual Property rights not explicitly granted to You in these Terms.
 
Subject to your compliance with these Terms and your payment of any applicable fees, You are granted a limited, non-exclusive, non-sublicensable and non-transferable right to use and/or access Intellectual Property that forms an integral part of the Services provided to You, for the purposes specified in these Terms and as necessary for your use of the Services as permitted by these Terms. This right is granted for the duration of your right to use and/or access the Services in accordance with the Terms.

2.Locally installed Product license. Your Subscription may include a right to use some locally installed (or "on-prem") Products. As an entity obtaining such Subscription, You are therefore granted a license to use all locally installed Products included in your Subscription for the duration of your Subscription period and for the number of devices (e.g., computer, server, mobile device, or tablet) covered by your Subscription ("License"). Unless expressly stated otherwise in your Subscription, You may only use one copy of our locally installed Product on one device. However, You are permitted to make a copy of the locally installed Product for back-up or archival purposes. Upon expiration of your Subscription or other termination of these Terms, you must cease using the locally installed Product and destroy any copies of it.

3.Open-source software. We may use certain open-source software in our Products and Services. Under some of these open-source licenses, We are required to provide Customer with notice of the license terms and attribution to the third party. You can see the open-source licensing terms and attributions for such open-source software that ESET uses in the industry-standard form.

4.Restrictions. Unless (and to the extent) expressly permitted by these Terms or by the applicable law, You may not (i) copy, modify or create derivative works based on Intellectual Property; (ii) distribute, transfer, sublicense, lease, lend, or rent the Intellectual Property to any third party; (iii) reverse engineer, decompile or disassemble the Intellectual Property; (iv) make any part of our Intellectual Property available to third parties; (v) extract (by data mining, scraping, crawling or by use of other similar technologies) or re-utilize any parts of Intellectual Property (including by use of framing techniques); or (vi) use any part of our Intellectual Property in prompts or for the purpose of training, fine-tuning, developing of artificial intelligence models, including large language models and other machine learning systems, whether for commercial or non-commercial use.

F. Disclaimers and liability limitations

1.DISCLAIMER. YOU ACKNOWLEDGE THAT OUR SERVICES ARE PROVIDED "AS IS". UNLESS EXPRESSLY PROVIDED OTHERWISE BY THESE TERMS, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER ESET, OUR CONTRACTORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT SERVICES WILL NOT INFRINGE ANY THIRD PARTY'S PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. ESET OR ANY OTHER PARTY MAKE NO GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM IT. These Terms create no obligations on the part of ESET, our contractors or Affiliates other than as specifically set forth herein.

2.LIABILITY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ESET, ITS AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF ESET, ITS CONTRACTORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
The maximum aggregate liability of either Party for damages incurred by the other Party due to the actions or omissions of the liable Party shall be limited to the proportional fees paid (or payable, if not overdue) by that Party for the one-year period preceding the occurrence of such damages, for the Service directly related to such damages. The applicable fees shall be those recorded in our business system. In case of MSPs, a specific Subscription in relation to which the damage arose is also taken into account. The Parties jointly declare that, based on all the facts known to them at the time of entering into these Terms, it is not foreseeable that any damage arising under these Terms would exceed such proportional fees paid for the relevant Service directly related to such damages.

3.Nothing in the Terms excludes or restricts the liability of either Party for death or personal injury resulting from the negligence or liability incurred by one Party for fraud or fraudulent misrepresentation by the other Party.

G. Governing Law, Jurisdiction and Language

1.Governing Law. Unless stated otherwise, these Terms shall be governed by and construed in accordance with Slovak law. The Parties agree that conflict provisions of the governing law and the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

2.Jurisdiction. You expressly agree that exclusive jurisdiction for any claim or dispute with ESET or relating in any way to your use of our Services or arising from these Terms resides in the Slovak courts. However, consider contacting us first before officially raising any claim.

3.Language. If there are discrepancies between language versions of these Terms, the English version will prevail.

H. Term and termination

1.Term. These Terms shall remain effective until You cancel all your Accounts, terminate all your Orders and cease to use all of our Services. Unless terminated earlier, the Order should remain effective throughout the whole Subscription period as specified in the Subscription Confirmation.

2.Termination of Services provision. We reserve the right to terminate your access to and use of the Services: (i) if We believe that there is a significant threat to the security, functionality, integrity or availability of our Services (or their components) or processed data, (ii) if You, your End-Users or other authorized individuals violate material provision of these Terms or (iii) at our own discretion in case the Services are provided to You based on a Trial Subscription or otherwise free of charge. Upon termination, You are required to cease using the terminated Services and uninstall all locally installed Products immediately. ESET will cease your access and usage rights to the affected Services and delete your data affected by termination in line with our data retention policy.

3.Termination of Order or Subscription. These Terms prescribe when either a specific Order or a Subscription as a whole (and therefore all active Orders that directly relate to it) can be terminated. If You have an active Subscription, either ESET or You as a Customer or MSP may terminate it if the other Party commits a substantial breach of the Terms in relation to such Subscription that remains unremedied for more than thirty (30) days after a written notice. To terminate the Order or your Subscription, please contact the ESET partner from whom you have ordered the relevant Subscription or ESET if You have subscribed directly. Moreover, We may terminate or temporarily suspend your Order and/or your Subscription if We or the related ESET partner have not received your Subscription payment. If your Subscription was temporarily suspended, that suspension period will be included in your actual Subscription period if the payment is later received (no refunds are allowed). Upon termination, We will cease the provision of Services provided based on the terminated Subscription or individual Order and delete the affected data in line with our data retention policy. In addition, You are required to cease using the terminated Services and uninstall all locally installed Products affected by termination immediately.

4.Survival. Regardless of any termination or cancellation of Services provision or of the Order, the following provisions will survive: Section D - Confidentiality, Section F - Disclaimers and liability limitations, Section G - Governing Law, Jurisdiction and Language, and Section I - General Provisions: Art. 3, and Art. 4.

5.Refund. If your Subscription or an individual Order is terminated in accordance with these Terms due to: (i) our uncured substantial breach pursuant to Section H.3 of the Terms or (ii) a substantial change of Terms or Service pursuant to Section I.2 of the Terms, You are entitled to a refund. You should request a refund from the ESET Partner with whom you placed your Subscription Order, or directly from us if no ESET Partner was involved. Your refund will be calculated for the unused part of the Subscription period related to the terminated Order, therefore from the date ESET confirms the termination of the Subscription to the end of the Subscription period as specified in the Subscription Confirmation. This provision does not affect any other refund agreements you may have separately arranged with the ESET Partner.

I. General Provisions

1.Electronic Communication. ESET will communicate with You electronically while performing activities as outlined by these Terms, including in the provision of the Services. We may send You emails or in-app notifications via your Product or Account or post the communication on our website. You agree to receive legal communications from ESET in electronic form, including any communications on change in Terms or Privacy Policies, any contract proposal/acceptance or invitations to treat, notices or other legal communications and that such electronic communication shall be deemed as received in writing unless a different form of communication is specifically required by applicable laws.

2.Changes to Terms, Services and documentation. We reserve the right to make changes to our Services and to revise these Terms and documentation or any portion thereof from time to time by updating the relevant Service or document due to changes to applicable laws and standards, changes in our business or operational needs, for the purpose of enhancing the quality, security, or accessibility of the Services or to prevent abuse or harm. You will be notified about any revision of these Terms by email or via your Product or Account. If the change relates to a substantial or material provisions of the Terms that may have a negative impact on You, You will have a right to terminate your Subscription or the individual Order affected by such change within thirty (30) days after receiving a notice of the change. Unless You terminate the Order within this time limit, it will be deemed accepted and become effective as of the date stipulated in the new version of the Terms. You are obliged to keep your email address up to date and to notify us without undue delay about any changes through the Account or otherwise. You authorize ESET to send the updated Terms to the last provided email address(es). We shall not be held responsible for your failure to receive the updated Terms due to your failure to update your contact details with ESET.

3.Entire agreement. The Terms constitute the entire agreement between You and ESET with respect to the subject matter hereof and supersede all previous communications and understandings (including marketing materials, requests for proposals, questionnaires, or reports) as well as all prior agreements regarding our Services covered by these Terms (including any previous End-User License Agreements and Terms of Use), unless such terms are expressly agreed between the Parties in writing. Moreover, no current or future documents by which You stipulate any terms and conditions in relation to Services, including any purchase terms, will not apply to Service or to ESET, even if ESET has not expressly refused or objected to their application, either in whole or in part.

4.Force majeure. Neither Party shall be liable for or be considered in breach of these Terms due to delays or failures in performance caused by circumstances beyond their control, such as intervention of a public enemy, acts of war, civil unrest, riots, demonstrations, fire, flood, earthquake, a strike of the employees causing slowdown or interruption of work, a threat to national security, pandemics, internet outage, acts of any military or regulatory authority, provided the event was not caused by the Party's negligence or intent and could not be prevented with reasonable care. The affected Party must make reasonable efforts to mitigate the event's impact and notify the affected Party. Performance periods will be extended for the duration of the event. If the circumstances persist for over three months, either Party may terminate the affected Subscription or an individual Order.

5.Trade control compliance. You are required to comply with all trade control laws of the European Union and its member states, the United States, the United Kingdom and Singapore that are applicable to our Products and Services ("Trade Control Laws"). In particular, You represent and warrant that (i) You will not use, transfer, or otherwise export or re-export our Products or Services in violation of the Trade Control Laws, including to regions subject to an embargo, sanction, or restriction under these laws, or to (or by) nationals or residents of such restricted countries, or to any individuals or entities subject to individual sanctions (e.g. individuals or entities on EU sanctions tracker or Specially Designated Nationals by US authorities); and (ii) You are not subject to any such restriction under Trade Control Laws. You agree to indemnify, defend and hold ESET and our Affiliates harmless against any claim, suit or proceeding, and all damages, liabilities, and costs arising from your non-compliance with this obligation. Additionally, We reserve the right to terminate the provision of Services and the Order immediately if We reasonably believe that You have breached this clause.

6.General. If any provision of the Terms shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. No failure or delay in exercising any right under the Terms will operate as a waiver of any term or condition hereunder. Except as expressly set forth in the Terms, neither Party has the right to assign, license, or sub-license any of its rights or obligations hereunder without the prior written consent of the other Party, which shall not be unreasonably withheld. Any assignment, license, or sub-license attempted without such consent will be void. Notwithstanding the foregoing, each Party may assign the Terms as part of a corporate reorganization, consolidation, merger, or sale of substantially all its assets or capital stock.

7.Notice to the Customer: If You were not informed about these Terms during the sales process and do not agree to be bound by them, You are entitled to cancel your Subscription within the first 30 days of your Subscription purchase and receive a full refund (Section H.3 and Section H.5 of the Terms shall apply accordingly).

J. Our contact details

1.If You have any questions or queries or would like to submit a notice or a claim, do not hesitate to contact us or your ESET partner using our Contact details or our Technical Support Page if You are experiencing any technical issues. We will do our best to address any such queries within 30 days after receiving them.

K. Special Terms List

1.ANNEX: Special Terms for individual User Roles

2.ANNEX: Special Terms for individual Services

3.ANNEX: Data Processing Agreement

4.ANNEX: Standard Contractual Clauses

SPECIAL TERMS

1. ANNEX: SPECIAL TERMS FOR INDIVIDUAL USER ROLES

In addition to Terms above, You should also comply with these Special Terms regulating specific rights and obligations for individual User Roles. These Special Terms apply based on the Role in which You use the individual Services. Depending on the naming of the section below, the term "You" will refer only to the Role this section should apply to.

A. Customers

1.Customer's responsibility. You are required to ensure that all your End-Users comply with these Terms and remain responsible for their acts or omissions, including acts or omissions of any third parties You have authorized to access the Services on your behalf in accordance with these Terms.

2.Customers' Affiliates. You may enable the use of Services contained in your Subscription to your Affiliates, who may use or benefit from them as End-Users. In such case, the following applies in addition to other obligations specified in these Terms:

i.You should ensure that the Service quantities specified in your Subscription Confirmation are not exceeded by your Affiliates' use of Services.

ii.Your Affiliates are required to comply with these Terms as End-Users. Therefore, You should inform them about these Terms before purchasing any Subscription for them, in particular of their rights and obligations as End-Users.

iii.In case your Affiliate does not deploy our locally installed Products themselves, You accept these Terms also on their behalf (in their End-User Role) and warrant that You have such authority.

iv.You remain responsible for any actions or omissions by your Affiliates as well as individuals accessing or using the Services on their behalf.

v.We are only obliged to provide Services included in your Subscription to You. Any requests, complaints or legal notices from your Affiliates related to our Services should be directed through You, to whom We will provide a response.

B. MSPs

1.MSP's right. You are entitled to use the Services included in the obtained Subscription to provide, under your name and account, your own IT services ("MSP services") to your own clients, subject to your compliance with MSP-related obligations specified in these Terms. Your rights from these Terms depend on You having a valid MSP agreement with ESET or other ESET partner and should terminate in case this prerequisite is no longer fulfilled.

2.Services provision to MSP. We will provide our Services contained in your Subscription to You exclusively and have no obligation to provide them to your clients. Your clients may use our locally installed Products or benefit from our Services as End-Users. In addition, upon establishing an ESET PROTECT Hub or ESET MSP Administrator 2 Account, We may provide You with Services available through these platforms.

3.MSP services. You are fully responsible and liable for the provision of MSP Services to your clients. To clarify, if any Service provided to You involves ESET performing tasks directly at your client's IT infrastructure, these tasks shall be considered as being performed by You from the perspective of your client. We disclaim all warranties and liability for any damages, whether direct, indirect, or consequential, arising from the provision or the use of your MSP Services.

4.MSP's client. Your clients are required to comply with these Terms as End Users. In case You deploy our locally installed Products for your clients, You accept these Terms on their behalf (in their End-User Role) and warrant that You have such authority. Therefore, it is important to inform them about these Terms prior to deployment, in particular of their rights and obligations as End-Users. Nevertheless, You remain responsible and liable for any actions or omissions by your clients, as well as individuals accessing or using the Services on their behalf.

5.MSP's obligations and acknowledgments. In addition to other provisions of Terms, the following apply to You:

i.You cannot resell or otherwise distribute our Services (including our Products). Nevertheless, for informational purposes, You may include the names of ESET Services used for the provision of your MSP Services in your billing documents.

ii.You acknowledge that You are not authorized to provide our Services to your clients or any third parties. Your authorization is limited to the provision of MSP Services under the conditions specified in these Terms. Moreover, We do not grant You any authorization to provide the Services or MSP Services in the name of ESET, nor on our behalf or account.

iii.You cannot label the MSP Services with names of ESET Services/Products or as "provided by ESET", while marketing, offering or providing them to your clients; however, you may indicate that your MSP Services are "powered by ESET" or that ESET is a subcontractor for MSP Services.

iv.All obligations and prerequisites stated in these Terms or documentation are considered fulfilled if met by You and your client. However, You remain responsible for ensuring your clients meet their obligations and prerequisites.

v.You should ensure that your contracts or other legal or marketing documents related to the provision of MSP Services comply with these Terms and do not violate them in any way.

vi.We are only obliged to provide Services included in your Subscription to You. Any requests, complaints or legal notices from your clients related to our Services should be directed through You, to whom We will provide a response.

6.MSP's indemnity. You agree to indemnify, hold harmless and defend ESET, our employees, officers, directors, independent contractors and partners from and against all actions, claims, proceedings, demands and suits (including any court costs, reasonable attorney's fees and other expenses), arising out of, or resulting from the use of our Services or MSP Service by the MSP client or other third parties, or resulting from your breach of any provisions specified here.

7.Ordering via MSP Account. You may subscribe to certain Services directly through your MSP Account. Upon placing your Order through the Account, it will be confirmed immediately, and a Subscription Confirmation will be delivered to You via the Account notification center. Your ESET partner will be notified of the Order. After sending the Subscription Confirmation, We will start to provide You with Services included in your Subscription by making them available as of the date of Subscription Confirmation sending. These Services will be provided for an indefinite Subscription period until You decide to terminate them. You have the right to terminate your Order without cause directly via the Account and such termination will take effect immediately. Additionally, you may obtain a Subscription by using the standard ordering procedure as described in Section B.9 of the Terms, if permitted.

C. ESET partners

1.Rights of ESET Partners. Based on these Terms and a separate agreement specified in Section B.1.iii of the Terms, and subject to your compliance with those documents, You may obtain the right to use our ESET-partner Services provided through the ESET PROTECT Hub Account or Partner Portal. No other Services will be provided to You in your Role as an ESET partner. Your rights from these Terms depend on You having a valid distribution agreement with ESET or other ESET partner and should terminate in case this prerequisite is no longer fulfilled.

2.ESET partners' obligations. In addition to other provisions of Terms, the following apply to You:

i.before processing their Order, You should inform your Customers or MSPs in a provable manner that these Terms apply to the provision of our Services and that creating an ESET Protect HUB Account will be required for their use.

ii.Ensure all data You enter into our system or communicate toward ESET, especially the Customer's or MSP's information and email address during Subscription ordering, is accurate and up to date. The data provided will be used for sending the Subscription Confirmation and other legal communication; therefore, using your own email instead of the Customer's or MSP's is prohibited and considered a substantial violation of these Terms.

iii.You are not permitted to create an account on behalf of the Customer, unless you are registering the Customer's Account using their own email address, and as such shall be considered a substantial violation of these Terms.

3.Partner Portal. If you are an ESET partner distributing our Subscriptions in one of the following territories and using our Partner Portal for related purposes, the following legal documents will apply to you based on the territory for which You have obtained distribution rights:

i.United Kingdom

ii.Australia

iii.Germany

iv.Italy

v.Singapore

vi.United States of America

vii.Canada

D. End-Users

1.End-User rights. Your right to use our Services fully depends on the Customer, MSP or ESET partner who has, in accordance with these Terms, allowed You to use them. We are only obliged to provide our Services to them, and in case their right to use Services terminates, your right will terminate automatically.

2.End-User obligations. You are required to comply with these Terms when using our Services or benefiting from them.

3.End-User communication. You agree to communicate any requests, complaints or legal notices related to our Services through the Customer, MSP or ESET partner from whom you obtained your right to use or benefit from our Services and to whom We will respond.

2. ANNEX: SPECIAL TERMS FOR INDIVIDUAL SERVICES

In addition to Terms above, You should also comply with these Special Terms regulating specific terms and conditions for individual Services provided in accordance with these Terms. These Special Terms apply to You only if You have purchased, accessed, or used the relevant Service or its component.

A. Professional and Security Services

1.This section is applicable to Professional and Security Services provided either as a Module within a specific Tier or as a standalone.

2.Special Terms and Conditions apply for provision of any Professional and Security Services. Professional and Security Services include only those Services that are listed therein.

3. ANNEX: DATA PROCESSING AGREEMENT

In addition to Terms above, Data Processing Agreement should apply between You and ESET whenever You process personal data as a data controller when using our Services, and ESET processes such personal data on Your behalf as a data processor.

4. ANNEX: STANDARD CONTRACTUAL CLAUSES

In addition to Terms above, Standard Contractual Clauses should apply between You and ESET in case of transfers and processing of personal data located outside of the European Economic Area or a country designated as safe by the decision of the European Commission.

TERMSID: TOU-BUSINESS; 3537.0