Terms & Conditions
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Customer”), and HighPPS Networks s.r.o., with registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, ID No.: 22267867, VAT No.: CZ22267867, file No. C 142116, registered with the Regional Court in Brno, (“HighPPS”, HighPPS and Customer jointly also “Parties”). These Terms set out the terms and conditions for the provision and use of the HighPPS software (“Software”), including any associated services, media, printed materials, online or electronic documentation, and any updates or modifications thereto, referenced in the relevant Order or other type of agreement from which these Terms are being referenced. By using the Software, the Customer agrees to be bound by these Terms.
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IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD REFRAIN FROM USING THE SOFTWARE.
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1. Software
i. The Software is an on-premise solution focused on DDoS protection and DNS security. Software enables the Customer to set their own security filter levels according to their specific needs. Specific technical requirements and installation instructions are described in the technical documentation for the Software (“Documentation”)
ii. The HighPPS shall deliver the Software to the Customer by electronic download via a secure link.
iii. As part of the delivery, HighPPS shall provide the Customer with license keys or activation codes, necessary access credentials, API keys, and integration tools required for implementation, enabling Customer to deploy and integrate the Software within Customer's own infrastructure environment.
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iv. The Customer shall be solely responsible for the installation of the Software according to installation instructions on its infrastructure unless otherwise agreed between the Parties.
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v. Customer shall be responsible for maintaining the technical requirements of its own infrastructure as specified in the Documentation provided, including but not limited to network configuration, security settings and hardware specification. Customer acknowledge that failure to maintain these technical requirements may result in degraded performance or unavailability of the Software, for which HighPPS shall bear no responsibility.
vi. The Software is designed and tested exclusively for use on Linux-based environments. HighPPS does not guarantee compatibility or proper functionality of the Software on any other operating systems. The Customer is solely responsible for ensuring that it maintains a suitable Linux environment that meets the technical specifications set out in the Documentation. Any other distributions, versions, or underlying operating systems are not tested or officially supported, and HighPPS disclaims all liability for any errors or incompatibilities that may arise therefrom.
vii. HighPPS has no obligation to provide updates, improvements, modifications or further development to the Software. HighPPS nevertheless reserves the right to update and/or modify the Software at any time and shall, when feasible, provide prior notice to the Customer of any material changes.
2. Right of use
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i. HighPPS grants the Customer a limited, worldwide, non-exclusive, non-transferable, non-sublicensable license to use the Software (“License”).
ii. Unless otherwise agreed between the Parties, the standard term of the License is 1 year (“License term”).
iii. Unless otherwise agreed between the Parties, the License term shall not automatically renew. The Customer is entitled to notify HighPPS that it is interested in renewing the License at any time prior to the end of the License term.
iv. The Customer may use the Software to provide services in the form of Software-as-a-Service (SaaS) to its own end-users, provided such use remains within the scope of the granted License and does not involve any sub-licensing, redistribution, or assignment of rights to third parties.
v. The Customer shall refrain from copying the Software except for its own use in accordance with generally applicable regulations. The Customer shall refrain from any modification, conversion to source code, translation, decompilation, reverse engineering, reproduction, merging, publication, or distribution of the Software, unless it is permitted by law.
vi. The Customer acknowledges that the Software is protected by technical means to prevent copying or unauthorized use. In the event that the License is terminated, the license key will be automatically deactivated, or another technical measure will be activated, making it impossible to continue to run and use the Software. The Customer hereby agrees to this measure and undertakes not to take any steps to circumvent such security features and measures.
3. Order process
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i. The Customer must submit an order via email orders@highpps.net (“Order”). The Order is concluded by confirmation of the Order by HighPPS. The confirmation of the Order by HighPPS concludes the Order and thereby constitutes a legal obligation between the Parties, which is governed by these Terms.
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ii. If the Order is concluded, the Customer agrees to pay a fee for the License (“License Fee”) as individually agreed between the Parties for each Order. The License Fee is usually based on the duration of the License and the number of devices on which the Customer is allowed to install the Software. Unless otherwise agreed in the Order, the License is valid only for 1 device.
iii. All payments must be made in the currency specified in the Order, unless otherwise agreed in writing.
iv. Prices exclude VAT, unless stated otherwise.
v. All fees and/or payments made by Customer to HighPPS are non-refundable unless otherwise required by applicable law or expressly provided in these Terms.
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4. ​Installation and Support
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i. Unless otherwise agreed, the Customer is responsible for installing the Software. If the Customer grants HighPPS with remote access to Customer’s infrastructure, HighPPS will perform the Software installation on the Customer’s behalf. HighPPS's remote access to the Customer's infrastructure is used solely for installation purposes.
ii. As part of Software support, HighPPS shall provide the Customer with
a) standard technical support via email support@highpps.net with a response time of 1 to 3 business days;
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b) one (1) monthly phone consultation (up to 30 minutes) free of charge;
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iii. The Parties may agree on additional support services beyond those specified above, based on the Customer’s written request. Such additional support services shall be subject to a separate fee. HighPPS may also provide remote support if Customer provides HighPPS with remote access to Customer's infrastructure.
iv. The Customer acknowledges that the support services provided by the HighPPS are limited to standard technical requirements and expressly exclude any customer-specific modifications, programming, further development, or other alterations to the Software.
v. For further information regarding the support service, please contact HighPPS at support@highpps.net.
5. Intellectual Property Rights
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i. The Software and all intellectual property rights therein are owned by HighPPS or its licensors and are protected by international copyright, trademark, and trade secret laws. All rights not expressly granted herein are reserved by HighPPS and its licensors. These Terms do not grant Customer any rights to trademarks, copyrights, or any other intellectual property rights in the Software other than the License.
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6. ​Termination
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i. HighPPS reserves the right to terminate or suspend Customer's access to the Software or any portion thereof at any time if Customer violates these Terms or engages in any unlawful conduct in connection with the use of the Software. HighPPS shall provide written notice (e.g. by email) of such termination or suspension.
ii. If HighPPS notifies the Customer of an upcoming change in the Terms or an increase in License Fee, the Customer may terminate these Terms by giving written notice to HighPPS before the effective date of such change.
iii. Upon termination, the Customer must cease all use of the Software and destroy all copies of the Software and all its component parts in the Customer’s possession or control.
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iv. Sections 8 (Intellectual property), section 9 (Indemnification), and section 14 (Governing Law and Jurisdiction) herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
v. By default, HighPPS does not allow Customers to store any data in the Software except for basic Software settings and 14-day traffic statistics. Upon termination, any Customer data stored or processed via the Software shall be deleted by HighPPS, unless (i) the Customer requests a data export within [30] days of the termination date, and (ii) applicable law requires otherwise.
7. Limited Warranty
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i. HIGHPPS PROVIDES THE SOFTWARE TO THE CUSTOMER "AS IS". HIGHPPS DOES NOT WARRANT THAT THE SOFTWARE WILL MATERIALLY PERFORM IN ACCORDANCE WITH ITS DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIGHPPS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HIGHPPS DOES NOT WARRANT UNINTERRUPTED SERVICES.
ii. THE CUSTOMER ACKNOWLEDGES THAT ANY RESULTS OR OUTPUTS PROVIDED BY THE SOFTWARE DEPEND ON THE CUSTOMER’S CONFIGURATION, USAGE, AND/OR INPUT DATA.
8. Limitation of Liability
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i. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, HIGHPPS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE (INCLUDING, BUT NOT LIMITED TO, DAMAGE IN THE FORM OF BUSINESS LOSSES, TAX PENALTIES, OR OTHER DEBTS TO ADMINISTRATIVE AUTHORITIES, LOSS OF PROFIT, DAMAGE TO BUSINESS RELATIONS, AND LOSS OR CORRUPTION OF DATA) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF HIGHPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HIGHPPS 'S TOTAL LIABILITY TO THE CUSTOMER FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THE SOFTWARE IN THE LAST 12 MONTHS PRECEDING THE CLAIM.
ii. THE SOFTWARE IS SOLUTION FOCUSED ON ON-PREMISE DDOS PROTECTION AND DNS SECURITY. IT ENABLES THE CUSTOMER TO SET THEIR OWN SECURITY FILTER LEVELS ACCORDING TO THEIR SPECIFIC NEEDS. HOWEVER, HIGHPPS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE SECURITY FILTER LEVELS SET BY THE CUSTOMER.
iii. The Customer hereby waives, to the maximum extent permitted by applicable laws, the rights arising from HighPPS’s defective performance, the rights arising from the HighPPS's delay and the rights to compensation for damages against the HighPPS which the Customer may incur in causal connection with the use of the Software.
9. Indemnification
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i. Customer agrees to indemnify and hold HighPPS harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by HighPPS arising out of or related to Customer’s:
a) breach of any of these Terms (including any additional terms and conditions incorporated herein);
b) content posted or otherwise contributed;
c) activity in engaged on or through the Software; and
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d) violation of any law or the rights of a third party.
10. Confidentiality
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i. Parties shall protect the confidentiality of all non-public documents and information related to the other Party’s business obtained through the performance of these Terms. This obligation continues as long as a legitimate interest exists, even after termination of these Terms.
ii. Confidential Information does not include information that:
a) is or becomes generally known to the public without breach of any obligation;
b) was known to the receiving Party prior to disclosure by the disclosing Party;
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c) is received from a third party without any restriction on use or disclosure; or
d) is independently developed without use of or reference to the disclosing Party’s Confidential Information.
11. No waiver
i. The failure of HighPPS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
12. Severability
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i. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
13. Assignment
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i. HighPPS may assign any or all of these Terms and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. The Customer may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party, without the prior written consent of HighPPS, which may only be refused for good cause.
14. Governing Law and Jurisdiction
i. These Terms will be governed by and construed in accordance with the laws of the Czech Republic, excluding its conflicts of law rules, in particular, Act No. 89/2012 Coll., The Czech Civil Code, as amended.
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ii. The courts of the Czech Republic shall have exclusive jurisdiction over all disputes arising out of these Terms and the use of the Software.
15. Changes to the Terms
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i. These Terms can be updated from time to time without notice. The Customer is responsible for staying informed of any changes to these Terms. If the Terms are changed, the revised Terms will be posted on this page with the date of the revision. Continued use of the Software after the date of revision constitutes acceptance of the revised Terms. However, if the change is to the disadvantage of the customer, the Customer has the right to reject such changes by providing written notice via email. In such a case, the Customer may continue to use the Software for the remaining duration of the original License Term under the Terms in effect prior to the announced updates and/or changes.
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ii. HighPPS respects that the Customer may not agree to the updated Terms. If that is the case, Customer can terminate these Terms at any time up to thirty (30) days after the effective date of the updated Terms.
16. Data Protection and Customer data
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i. In connection with the Customer’s use of the Software, certain personal data (such as email addresses, IP logs, or contact details) may be processed by HighPPS. HighPPS shall process and protect any personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) (EU) 2016/679.
ii. Details on how HighPPS collects, processes, and safeguards personal data can be found in HighPPS’s Privacy Policy at https://www.highpps.net/privacy-policy (“Privacy Policy”). By using the Software, the Customer agrees to the terms of the Privacy Policy.
iii.HighPPS may use aggregated and anonymized statistical data derived from Customer usage for analytics and development purposes, provided such data does not identify the Customer or its end-users.
17. Force Majeure
i. Neither Party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, Internet outages, or governmental actions (“Force Majeure”). In the event of a Force Majeure, the affected Party shall promptly notify the other Party in writing of the nature and extent of the event and shall use commercially reasonable efforts to resume performance as soon as possible.
18. Contact information
i. In case of any questions or concerns regarding these Terms, please contact HighPPS at info@highpps.net.
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These terms & conditions are effective as of 14 April 2025.
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