Terms & Conditions

Digital Bunker 365
By TetherView
Managed Microsoft 365 Security, Compliance and Administration Services

Effective Date: August, 27 2026

These Digital Bunker 365 Terms and Conditions (“Terms”) govern all Digital Bunker 365 services provided by TetherView, LLC, a New Jersey limited liability company with offices at 1000 Sanger Avenue, Oceanport, New Jersey 07757 (“TetherView”), to the customer identified in an applicable service agreement, order form, proposal, statement of work or similar document (“Customer”).

These Terms, together with each applicable service agreement, order form, statement of work, data processing agreement, business associate agreement, service description, and other document expressly incorporated by reference, constitute the entire agreement between TetherView and Customer concerning Digital Bunker 365 (collectively, the “Agreement”).

Customer’s execution of a Service Agreement, use of the Services, provision of administrative credentials, or authorization for TetherView to access Customer’s Microsoft 365 environment constitutes Customer’s acceptance of these Terms.

If there is a conflict between these Terms and another document forming part of the Agreement, these Terms shall control unless the other document expressly identifies the specific provision of these Terms being superseded and is signed by an authorized officer of TetherView.

1. DIGITAL BUNKER 365 SERVICES

1.1 Services

Digital Bunker 365 is a managed Microsoft 365 configuration, monitoring, security, compliance and administration service.

Depending upon Customer’s Service Agreement and Microsoft licensing, Services may include configuration, management, monitoring or reporting relating to:

Microsoft Entra ID;
Exchange Online and email;
Microsoft Teams;
SharePoint Online;
OneDrive;
Microsoft security and compliance controls;
conditional access;
multi-factor authentication;
data classification;
data loss prevention;
security alerts;
user access controls;
Microsoft 365 security configuration;
Microsoft 365 compliance configuration;
Microsoft 365 backup configuration to a Customer-provided or approved target;
Microsoft Copilot or other Microsoft AI services when separately purchased; and
related Microsoft 365 administrative functions identified in the applicable Service Agreement.
which laws and regulations apply to Customer;
Customer’s legal and regulatory obligations;
Customer’s required retention periods;
Customer’s required access permissions;
Customer’s required security classifications;
the lawfulness of Customer’s processing or disclosure of data; and
whether Customer’s technology environment satisfies any particular legal, contractual, insurance or regulatory standard.

TetherView shall determine the technical methods, tools, policies, procedures and personnel used to provide the Services.

1.2 Nature of Services

The Services are designed to reduce cybersecurity and compliance risk. They do not eliminate risk.

Customer acknowledges that no technology, configuration, security control, monitoring service, identity platform, security product, artificial intelligence system, firewall, endpoint product, backup product or cybersecurity service can prevent every compromise, attack, unauthorized disclosure, malicious act, human error or loss of data.

TetherView does not warrant or represent that Customer will never experience a cybersecurity incident, data breach, ransomware event, malware infection, account compromise, business email compromise, unauthorized access, data loss, regulatory event or other security incident.

1.3 No Guarantee of Compliance

TetherView may configure technical controls intended to assist Customer with Customer’s compliance requirements.

TetherView is not a law firm, auditor, certification authority or regulatory authority, and the Services do not constitute legal advice.

Customer remains solely responsible for determining:

No report, configuration, recommendation or other work performed by TetherView constitutes a guarantee or certification of compliance.

2. MICROSOFT AND THIRD-PARTY SERVICES

2.1 Microsoft Services

Digital Bunker 365 operates within and depends upon products and services supplied by Microsoft and other third parties.

TetherView does not own or control Microsoft 365, Microsoft Azure, Entra, Exchange Online, Teams, SharePoint, OneDrive, Microsoft security products, Microsoft Copilot, Microsoft APIs, Microsoft licensing systems, Microsoft data centers or Microsoft's underlying infrastructure.

Customer acknowledges that Microsoft may modify, discontinue, restrict or alter functionality, licensing, APIs, features, security controls or availability at any time.

2.2 Third-Party Failures

TetherView shall not be liable for any outage, compromise, defect, vulnerability, loss, delay, configuration limitation, licensing issue, service degradation or other event caused by:

Microsoft;
an Internet service provider;
telecommunications provider;
cloud service;
DNS provider;
identity provider;
backup provider;
software vendor;
application provider;
security vendor; or
any other third party not directly controlled by TetherView.
desktops;
workstations;
laptops;
servers;
mobile phones;
tablets;
printers;
networking hardware;
firewalls;
wireless equipment;
removable media; and
peripheral devices.
business application licensing;
business application support;
application compatibility;
application configuration; and
application security.
who should receive an account;
who should retain an account;
when an account should be disabled or deleted;
who should have access to Customer data;
the appropriate level of access for each user; and
the business justification for user permissions.
password security;
physical possession of authentication devices;
protection of authentication tokens;
proper assignment of privileged access;
promptly disabling departed users;
reporting suspected account compromise;
preventing credential sharing; and
ensuring that its employees, contractors and agents comply with Customer’s security policies.
Customer employees;
officers;
directors;
contractors;
consultants;
vendors;
managed service providers;
authorized users;
former personnel;
privileged users; or
any other person who obtains access through credentials, permissions, devices or systems controlled by Customer.
rejects it;
delays it;
disables it;
modifies it;
fails to provide required licensing;
refuses required remediation; or
directs TetherView not to implement it,
ransomware;
extortion;
fraud;
phishing;
social engineering;
business email compromise;
credential theft;
identity theft;
malicious insiders;
criminal organizations;
organized cybercrime;
zero-day vulnerabilities;
supply-chain attacks;
attacks exploiting unknown vulnerabilities;
attacks using stolen or valid credentials;
acts of terrorism;
cyberterrorism;
acts of war;
cyberwarfare; or
attacks or operations conducted, sponsored or materially supported by a sovereign government, military organization, intelligence service or nation-state threat actor.
disabling an account;
revoking sessions;
resetting credentials;
blocking access;
modifying conditional-access policies;
restricting administrative privileges;
isolating a service;
suspending an integration; or
taking other protective measures.
user prompts;
Customer data made accessible to AI systems;
validating AI-generated content;
decisions based upon AI-generated content;
intellectual property issues associated with AI use; and
determining whether AI use is appropriate for Customer’s business and regulatory requirements.
invoices are due within thirty (30) days;
fees are exclusive of applicable taxes;
usage-based fees may be determined using maximum licensed or managed usage during the applicable billing period;
minimum monthly fees remain payable regardless of reductions in Customer usage; and
Customer may not offset or withhold amounts due because of a disputed claim.
terminates or attempts to terminate before the end of the term;
stops using the Services;
moves to another provider;
revokes TetherView’s administrative access;
prevents TetherView from performing the Services;
ceases operations;
sells its business;
changes its technology strategy; or
otherwise discontinues Digital Bunker 365,
Customer fails to make payment when due;
Customer breaches the Agreement;
Customer interferes with TetherView security controls;
Customer creates a material security risk;
Customer engages in unlawful activity;
Customer refuses to provide required access or cooperation;
continued service could harm TetherView, Microsoft, Customer or another party; or
suspension is reasonably necessary to investigate or contain a security incident.

Changes made by Microsoft or another third party may require Customer to obtain additional licenses, services or products at Customer’s expense.

2.3 Customer Licensing

Customer shall obtain and continuously maintain all Microsoft subscriptions, licenses, add-ons and other third-party licensing required for TetherView to provide the Services.

TetherView has no responsibility for deficiencies in Services caused by Customer’s failure to maintain appropriate licensing.

3. SHARED RESPONSIBILITY

Customer acknowledges that Digital Bunker 365 is a shared-responsibility service.

TetherView is responsible only for the specific Digital Bunker 365 responsibilities expressly identified in the applicable Service Agreement.

Everything not expressly assigned to TetherView remains the responsibility of Customer.

4. CUSTOMER RESPONSIBILITIES

Customer is solely responsible for, among other things:

4.1 Endpoints and Physical Devices

TetherView is not responsible for the management, operation, monitoring, configuration, maintenance, patching, protection or security of Customer endpoints or physical devices, including:

Unless expressly included in a separate written agreement, Digital Bunker 365 does not include endpoint detection and response, endpoint patching, endpoint antivirus, mobile device management, endpoint support, local network administration or physical security.

A compromise originating from an endpoint or physical device shall not constitute a failure of Digital Bunker 365.

4.2 Tier 1 Support

TetherView does not provide Tier 1 end-user support as part of Digital Bunker 365.

Customer shall maintain its own help desk, managed service provider or qualified personnel to receive and triage end-user requests.

TetherView is not obligated to respond directly to Customer’s end users.

Requests must be submitted by Customer personnel authorized in accordance with TetherView’s service protocol.

4.3 Business Applications

Except for Microsoft 365 applications specifically included in the Service Agreement, Customer is solely responsible for:

4.4 User Administration

Customer is solely responsible for determining:

TetherView may implement Customer-approved access decisions but shall not be responsible for determining whether a particular individual should or should not have access to Customer information.

4.5 Accuracy of Information

Customer shall provide timely, complete and accurate information required by TetherView.

TetherView may rely upon information, approvals and instructions provided by Customer’s authorized personnel without independently investigating their accuracy.

5. ADMINISTRATIVE ACCESS AND CREDENTIALS

Customer shall provide TetherView with the administrative access reasonably required to provide the Services.

Customer shall maintain appropriate controls over all accounts and credentials not exclusively controlled by TetherView.

Customer is responsible for:

TetherView is not responsible for an incident arising from stolen, shared, disclosed, improperly used or compromised Customer credentials except to the extent directly caused by TetherView’s own unauthorized disclosure of credentials under its exclusive control.

6. INSIDERS AND AUTHORIZED USERS

TetherView shall not be responsible for any malicious, negligent, unauthorized or improper act committed by:

This exclusion applies whether the individual was acting maliciously, negligently, mistakenly, fraudulently or outside the scope of his or her authority.

TetherView has no obligation to determine the intent of a properly authenticated user unless specifically included in the Services.

7. CUSTOMER CHANGES AND CO-MANAGED ENVIRONMENTS

7.1 Unauthorized Changes

Customer shall not change, disable, circumvent, override or materially modify a Digital Bunker 365 configuration, policy, security setting or administrative control without coordinating the change with TetherView.

7.2 Co-Management

If Customer, Customer’s MSP, Customer’s IT personnel, a consultant or any other third party retains administrative access to Customer’s Microsoft 365 environment, Customer assumes the risks associated with such co-management.

TetherView shall have no liability for any security event, outage, compliance deficiency, data loss, access issue or other damage resulting from or contributed to by a configuration, instruction or modification made by anyone other than TetherView.

7.3 Conflicting Advice

Customer acknowledges that Internet research, artificial intelligence tools, generative AI systems, Microsoft forums, third-party consultants and other sources may recommend configurations that conflict with the architecture implemented by TetherView.

Customer shall not implement a conflicting recommendation without first submitting the proposed change to TetherView.

If Customer implements or directs TetherView to implement a configuration contrary to TetherView’s recommendation, Customer assumes all risks associated with that decision.

7.4 Customer Override

If TetherView identifies a security or compliance recommendation and Customer:

then Customer accepts all risks associated with that decision and releases TetherView from liability arising from or relating to that decision.

TetherView may document such exception in writing but is not required to do so for this Section to apply.

8. CYBERATTACKS, CRIMINAL ACTIVITY AND THREAT ACTORS

Customer acknowledges that Digital Bunker 365 cannot guarantee protection against intentional criminal activity or sophisticated cyberattack.

To the fullest extent permitted by law, TetherView shall not be liable for damages caused by or arising from:

The occurrence of a successful cyberattack does not, standing alone, establish negligence, breach of contract or failure by TetherView to perform the Services.

9. SECURITY RECOMMENDATIONS

Customer shall reasonably cooperate with TetherView and promptly respond to requests concerning security configuration, licensing, remediation and access.

TetherView may identify vulnerabilities or recommended improvements that require action by Customer or a third party.

TetherView shall not be responsible for consequences arising from Customer’s failure or delay in following a recommendation.

TetherView may refuse to implement an instruction that TetherView reasonably believes would materially impair security, violate law, create an unreasonable operational risk or adversely affect another customer or TetherView.

10. SECURITY INCIDENTS

If TetherView becomes aware of a suspected security incident within the portion of Customer’s Microsoft 365 environment monitored by Digital Bunker 365, TetherView may take actions it reasonably believes appropriate to protect the environment.

Such actions may include:

Customer authorizes TetherView to take reasonable emergency protective measures without prior approval when TetherView believes delay could materially increase risk.

TetherView does not guarantee discovery of every security incident or detection within any specific period unless expressly stated in a separately executed service-level agreement.

11. BACKUP AND DATA RECOVERY

Where backup configuration is included in the Service Agreement, TetherView’s responsibility is limited to configuring, monitoring or reporting on the identified backup process.

Unless expressly stated otherwise, Customer is responsible for supplying and maintaining the backup destination, licensing, storage capacity and infrastructure.

No backup system is infallible.

TetherView does not warrant that every file, email, record, version or data item will be successfully backed up, retained or recoverable.

Customer is responsible for independently determining whether its backup and retention architecture satisfies Customer’s business, legal, regulatory and insurance requirements.

12. MICROSOFT COPILOT AND ARTIFICIAL INTELLIGENCE

If Customer purchases Digital Bunker 365 services relating to Microsoft Copilot or another artificial intelligence service, Customer acknowledges that AI services are provided by Microsoft or another third party and not by TetherView.

TetherView may configure security, access, governance and compliance controls but does not control the underlying AI model.

Customer is solely responsible for:

TetherView shall not be liable for inaccurate, incomplete, misleading, offensive, infringing or otherwise defective AI-generated output.

13. FEES AND BILLING

Customer shall pay all Service Fees stated in the applicable Service Agreement.

Unless otherwise stated:

A billing dispute must be submitted in writing within thirty (30) days after the applicable invoice. Amounts not disputed within that period shall be deemed accepted.

TetherView may recover reasonable costs of collection, including attorneys’ fees and collection agency expenses, for overdue amounts.

14. NON-CANCELLABLE TERM

14.1 Binding Commitment

The initial term and each renewal term stated in the Service Agreement is a firm, non-cancellable financial commitment by Customer.

Except where expressly required by applicable law, Customer may not terminate the Agreement for convenience before expiration of the then-current term.

14.2 Remaining Contract Value

If Customer:

Customer shall remain obligated to pay all fees that would have become due through the end of the then-current term.

The parties agree that this payment obligation represents the agreed contractual price for Customer’s committed term and is not a penalty.

At TetherView’s option, all remaining committed fees may become immediately due and payable.

14.3 No Refunds

All Service Fees are non-refundable except where TetherView expressly agrees otherwise in writing.

15. RENEWAL

Unless otherwise stated in the applicable Service Agreement, the Agreement automatically renews for successive twelve (12) month periods.

Either party may prevent renewal by providing written notice at least thirty (30) days before expiration of the then-current term.

A notice of non-renewal terminates the Agreement only at the end of the then-current term and does not relieve Customer of its obligation to pay all fees through that date.

Pricing may increase upon renewal as stated in the applicable Service Agreement.

16. TETHERVIEW SUSPENSION AND TERMINATION RIGHTS

TetherView may suspend all or part of the Services immediately if:

TetherView may terminate the Agreement for Customer’s material breach if the breach is not cured within ten (10) days after written notice, except that no cure period is required for unlawful conduct, security threats, fraud, intentional interference with security controls or repeated breaches.

Suspension or termination by TetherView because of Customer’s breach shall not relieve Customer of its obligation to pay the remaining fees for the then-current term.

17. CUSTOMER CYBER INSURANCE

Throughout the Term, Customer shall maintain cyber liability and cybercrime insurance appropriate to Customer’s size, industry, operations, data sensitivity and risk profile, with limits reasonably acceptable to TetherView.

Upon request, Customer shall provide evidence of such insurance.

Customer’s cyber insurance shall be considered the primary source of recovery for losses associated with a cybersecurity incident.

To the fullest extent permitted by law, before asserting a monetary claim against TetherView arising from a cybersecurity incident, Customer shall:

timely report the event to all applicable insurers;
tender the claim to the applicable insurer or insurers;
reasonably pursue available insurance coverage; and
apply insurance proceeds received toward the claimed loss.

Customer’s failure to maintain required insurance does not increase TetherView’s liability or waive any limitation, exclusion or defense available to TetherView.

Any insurance maintained by TetherView shall not be construed to increase TetherView’s contractual liability.

18. CUSTOMER INDEMNIFICATION

To the fullest extent permitted by law, Customer shall defend, indemnify and hold harmless TetherView and its affiliates, officers, directors, members, employees, contractors and agents from claims, losses, liabilities, damages, judgments, penalties, costs and reasonable attorneys’ fees arising from or relating to:

Customer’s violation of law;
Customer’s data;
Customer’s instructions;
Customer’s misuse of the Services;
Customer’s users;
Customer endpoints;
Customer credentials;
Customer’s failure to maintain required licensing;
acts or omissions of Customer’s employees, contractors, MSPs or other service providers;
Customer modifications to Digital Bunker 365 configurations;
Customer’s rejection of a TetherView security recommendation;
third-party claims relating to Customer’s business or data; or
Customer’s breach of the Agreement.
MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ERROR-FREE OPERATION;
UNINTERRUPTED OPERATION;
SECURITY;
DATA RECOVERY;
REGULATORY COMPLIANCE; AND
PREVENTION OF CYBERSECURITY EVENTS.
lost revenue;
lost profit;
lost business;
lost opportunities;
loss of goodwill;
loss of use;
business interruption;
loss or corruption of data;
cost of recreating data;
ransomware payments;
extortion payments;
forensic expenses;
breach notification expenses;
regulatory fines or penalties;
credit monitoring;
identity monitoring;
reputational damage;
legal fees arising from third-party claims;
loss arising from fraudulent transfers; and
loss arising from unauthorized payments.
applies in the aggregate and not per incident;
applies to all claims collectively;
does not reset because multiple events or legal theories are asserted;
excludes taxes and pass-through third-party charges from the calculation; and
applies notwithstanding the failure of essential purpose of any remedy.
Internet outages;
telecommunications failures;
Microsoft outages;
cloud-provider failures;
utility failures;
natural disasters;
severe weather;
fire;
flood;
earthquake;
pandemic;
labor disruption;
governmental action;
embargo;
war;
terrorism;
civil unrest;
cyberattack;
widespread malware;
ransomware;
nation-state attack;
supply-chain compromise;
zero-day vulnerability; or
failure of a third-party technology provider.
Digital Bunker 365 architecture;
security methods;
configurations;
scripts;
documentation;
reports;
pricing;
technical methodologies;
security findings;
processes; and
non-public service information.
Digital Bunker 365 methodologies;
templates;
scripts;
automations;
policies;
documentation;
software;
reports;
processes;
know-how; and
improvements.
payment;
committed fees;
confidentiality;
intellectual property;
indemnification;
warranty disclaimers;
limitation of liability;
insurance;
dispute resolution;
governing law; and
accrued rights.

19. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL BUNKER 365 AND ALL RELATED SERVICES, REPORTS, RECOMMENDATIONS, CONFIGURATIONS, DOCUMENTATION AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TETHERVIEW DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

No statement by an employee, salesperson, consultant, engineer or representative of TetherView shall create a warranty unless expressly included in a written agreement signed by an authorized officer of TetherView.

20. LIMITATION OF LIABILITY

20.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TETHERVIEW OR ITS AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, MULTIPLE OR PUNITIVE DAMAGES.

This exclusion includes, without limitation:

This exclusion applies regardless of whether a claim sounds in contract, tort, negligence, strict liability, statute or any other legal theory and regardless of whether TetherView was advised that such damages were possible.

20.2 Aggregate Liability Cap

TETHERVIEW’S TOTAL, AGGREGATE AND CUMULATIVE LIABILITY FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF OR RELATING TO THE AGREEMENT, DIGITAL BUNKER 365 OR THE SERVICES SHALL NOT EXCEED THE RECURRING DIGITAL BUNKER 365 SERVICE FEES ACTUALLY PAID BY CUSTOMER TO TETHERVIEW FOR ONE (1) MONTH OF SERVICES IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The liability cap:

If the event occurs during the first month of Services, the cap shall equal the recurring Digital Bunker 365 fees payable for that first month.

20.3 Allocation of Risk

Customer acknowledges that the pricing for Digital Bunker 365 reflects the allocation of risk contained in this Agreement and that TetherView would charge substantially higher fees if it were required to assume unlimited cybersecurity risk.

21. TIME LIMIT FOR CLAIMS

To the fullest extent permitted by applicable law, no claim arising from or relating to the Agreement or Services may be brought more than one (1) year after the event giving rise to the claim.

Customer waives any longer limitations period that might otherwise apply, except where such waiver is prohibited by law.

22. FORCE MAJEURE

TetherView shall not be liable for delay, interruption, degradation or inability to perform resulting from circumstances outside its reasonable control, including:

A force majeure event does not give Customer a right to terminate the Agreement or discontinue payment of committed fees.

23. CONFIDENTIALITY

Each party shall protect the other party’s non-public confidential information using at least reasonable care.

Customer shall treat as TetherView Confidential Information:

Confidentiality obligations shall survive termination of the Agreement.

Nothing herein prohibits disclosure required by law, subpoena or governmental order, provided legally permissible notice is given to the other party.

24. INTELLECTUAL PROPERTY

TetherView retains all right, title and interest in its intellectual property, including:

Customer retains ownership of Customer’s data.

No ownership right is transferred to Customer by virtue of the Services.

To the extent TetherView supplies proprietary software or tooling, TetherView grants Customer a limited, non-exclusive, non-transferable, revocable right to use that software solely during the Term and solely as necessary to receive Digital Bunker 365 Services.

Customer shall not reverse engineer, decompile, copy, redistribute, sublicense, sell or commercially exploit TetherView software, scripts or proprietary tooling.

25. DATA AND PRIVACY

Customer authorizes TetherView to access and process Customer information to the extent reasonably necessary to provide, support, secure, monitor and improve the Services.

Customer represents that it has all rights, notices, permissions and legal authority necessary to permit such processing.

Where required and separately executed, an applicable Business Associate Agreement or Data Processing Agreement shall govern protected health information or other regulated personal information within its stated scope.

26. AUTHORIZED CONTACTS

Customer shall identify personnel authorized to provide instructions to TetherView.

TetherView may rely on instructions received from an authorized contact without independently verifying whether the instruction was separately approved by Customer’s management.

Customer is responsible for promptly notifying TetherView when an authorized contact’s authority changes or terminates.

27. ASSIGNMENT

Customer may not assign, transfer, delegate or subcontract any right or obligation under the Agreement without TetherView’s prior written consent.

A merger, acquisition, change of control or sale of substantially all Customer assets shall constitute an assignment for purposes of this Section.

TetherView may assign or transfer the Agreement, in whole or in part, to an affiliate, successor, purchaser or other third party without Customer’s consent.

28. RELATIONSHIP OF PARTIES

TetherView and Customer are independent contractors.

Nothing in the Agreement creates a partnership, fiduciary relationship, joint venture, agency, employment relationship or franchise.

TetherView is not Customer’s insurer and does not assume responsibility for Customer’s overall cybersecurity risk.

29. GOVERNING LAW AND EXCLUSIVE VENUE

The Agreement and all disputes arising from or relating to the Agreement, Digital Bunker 365 or the relationship between TetherView and Customer shall be governed exclusively by the laws of the State of New Jersey, without regard to conflict-of-law principles.

THE PARTIES IRREVOCABLY AGREE THAT THE STATE COURTS LOCATED IN MONMOUTH COUNTY, NEW JERSEY, AND, WHERE FEDERAL SUBJECT-MATTER JURISDICTION EXISTS, THE UNITED STATES DISTRICT COURT HAVING JURISDICTION OVER MONMOUTH COUNTY, NEW JERSEY, SHALL HAVE EXCLUSIVE JURISDICTION AND VENUE.

Customer waives any objection based upon personal jurisdiction, inconvenient forum or venue.

29.1 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT OR SERVICES.

30. EQUITABLE RELIEF AND COLLECTION

Customer acknowledges that misuse of TetherView intellectual property, security information or Confidential Information may result in irreparable harm.

TetherView may seek injunctive or equitable relief without posting bond to the extent permitted by law.

Customer shall reimburse TetherView for reasonable attorneys’ fees, court costs and collection expenses incurred by TetherView in collecting undisputed overdue amounts or enforcing Customer’s payment obligations.

31. CHANGES TO TERMS

TetherView may revise these Terms from time to time.

Unless required sooner by law or necessary to address an urgent security matter, materially revised Terms will become effective upon notice to Customer.

A revision shall not reduce the remaining duration of Customer’s committed Term or give Customer a right to terminate the Agreement early.

No Customer purchase order, portal term, vendor form or other Customer-issued document shall modify the Agreement unless expressly accepted in a writing signed by an authorized officer of TetherView.

32. WAIVER

A failure or delay by TetherView in enforcing any provision does not constitute a waiver.

A waiver is effective only if in writing and signed by an authorized representative of TetherView.

A waiver concerning one event does not constitute a waiver concerning any later event.

33. SEVERABILITY AND REFORMATION

If a provision of the Agreement is determined to be invalid or unenforceable, it shall be enforced to the maximum extent permitted by law and, where appropriate, modified by the court to the minimum extent necessary to make it enforceable.

The remaining provisions shall remain in full force and effect.

34. SURVIVAL

Any provision which by its nature should survive expiration or termination shall survive, including provisions relating to:

35. COMPLETE AGREEMENT

The Agreement constitutes the complete agreement between TetherView and Customer concerning Digital Bunker 365 and supersedes prior or contemporaneous discussions, representations, proposals and understandings concerning the same subject matter.

Customer acknowledges that it has not relied upon any statement or representation not expressly contained in the Agreement.

36. CUSTOMER ACKNOWLEDGMENT

CUSTOMER ACKNOWLEDGES THAT:

CYBERSECURITY RISK CANNOT BE ELIMINATED;
DIGITAL BUNKER 365 DOES NOT INSURE CUSTOMER AGAINST CYBER LOSS;
CUSTOMER RETAINS RESPONSIBILITIES UNDER THE SHARED-RESPONSIBILITY MODEL;
CUSTOMER IS RESPONSIBLE FOR ENDPOINTS AND TIER 1 SUPPORT UNLESS EXPRESSLY AGREED OTHERWISE;
CUSTOMER IS RESPONSIBLE FOR THE ACTS OF ITS USERS, EMPLOYEES, CONTRACTORS AND OTHER ADMINISTRATORS;
CUSTOMER ASSUMES THE RISK OF CHANGES MADE OUTSIDE TETHERVIEW’S CONTROL;
CUSTOMER MUST MAINTAIN CYBER INSURANCE;
THE CONTRACT TERM IS NON-CANCELLABLE;
EARLY DISCONTINUATION DOES NOT ELIMINATE CUSTOMER’S OBLIGATION TO PAY THROUGH THE END OF THE TERM; AND
TETHERVIEW’S AGGREGATE LIABILITY IS LIMITED TO ONE MONTH OF DIGITAL BUNKER 365 SERVICE FEES, SUBJECT TO APPLICABLE LAW.

Customer acknowledges that these provisions are material components of the parties’ allocation of cybersecurity and commercial risk.

Secure

Comply

Operate

AI & Copilot