Terms of Service

1) Eligibility; Regions; Export

• You represent that you are at least the age of majority in your jurisdiction and have authority to bind your organization (for B2B use).
• The Services are provided from Texas, USA, and may be used globally except in restricted jurisdictions. Service is not offered to users or entities located in, organized under the laws of, or ordinarily resident in: Brazil, Russia, India, China, or South Africa, or any country/party subject to U.S. embargo, sanctions, or export-control restrictions.
• You will not export or re-export the Services contrary to U.S. law and will not use VPNs/proxies to circumvent geoblocking.

2) Accounts and Security

• Create an account with accurate information and keep credentials secure.
• You are responsible for all activities under your account. Notify us promptly of any suspected unauthorized access.

3) Authorized Use and AUP

You must comply with the Acceptable Use Policy. You may only scan assets you own or have express, written authorization to test. You are solely responsible for ensuring the legality of your testing and for all outcomes arising from your scans, configurations, and handling of results.

4) Fees, Credits, Taxes, and Refunds

• Use of the Services requires pre-purchase of credits (or a subscription). Credits are deducted for compute (scans/reports).
• All purchases are final and non-refundable (including unused credits), except where required by law. Credits have no cash value and are not redeemable for cash.
• One-time credit packs do not expire. Subscription credit allotments and any promotional terms are shown before checkout.
• You authorize charges and are responsible for applicable taxes.

5) Service Changes and Availability

We may modify, suspend, or discontinue features or the Services at any time. We strive for high availability but do not guarantee uninterrupted operation.

6) No Warranty; Results Not Guaranteed

THE SERVICES AND ALL OUTPUT (INCLUDING SCAN RESULTS AND REPORTS) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT SCANS WILL IDENTIFY ALL VULNERABILITIES OR THAT RECOMMENDATIONS WILL REMEDIATE ALL RISKS OR PREVENT SECURITY INCIDENTS.

7) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRAGMASOFT INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR SYSTEM DAMAGE, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PRAGMASOFT INC. FOR THE SERVICES DURING THAT PERIOD. THESE LIMITATIONS ARE FUNDAMENTAL TO THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8) Indemnification

You will defend, indemnify, and hold harmless PragmaSoft Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use or misuse of the Services; (b) your violation of these Terms or the AUP; or (c) your violation of any third-party rights or law, including unauthorized or unlawful testing.

9) Termination

• You may stop using the Services at any time.
• You may request deletion of your account and associated data via our Request Account Deletion form. Deletion requests are currently actioned manually by our team after we verify the account email.
• We may suspend or terminate access immediately for any breach, unlawful use, or risk to the Services. No refunds will be provided upon termination except where required by law.
• Sections that by nature survive (e.g., fees due, confidentiality, disclaimers, limits of liability, indemnities, governing law) shall survive termination.

10) Governing Law; Venue

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules. The exclusive venue for disputes will be state or federal courts located in Texas, and you consent to personal jurisdiction there.

11) Changes to Terms

We may update these Terms from time to time. Material changes will be posted in the Services or sent to your account email. Continued use after the effective date constitutes acceptance of the updated Terms.