Terms and Conditions
Last updated: April 28, 2021
Please read these terms and conditions carefully before using Our Service. Interpretation and Definitions Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions
For the purposes of these Terms and Conditions: Affiliate
means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Country
refers to: Delaware, United States Company
(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to XSIGNAL Inc, 19801, США, Делавэр, 919, Норт-Маркет-стрит, Suite 950. Device
means any device that can access the Service such as a computer, a cellphone or a digital tablet. Terms and Conditions
(also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Third-party Social Media Service
means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website
refers to xsignal.io, accessible from https://xsignal.io/ You
, Customer, Subscriber or End-user means an individual or a single entity, corporate or other statutory body with legal personality that uses the Service (as defined below). Order Form
means an order form or other ordering document entered into between Customer and xsignal.io or an xsignal.io Affiliate for Customer's purchase of the xsignal.io Solution (as defined below) or other services from xsignal.io. Personal Data
means information that may be used to readily identify an individual person. Services
means the xsignal.io as a service scanner program provided for use over the internet and any and all modified, updated, or enhanced versions thereof that xsignal.io may provide to Customer or its Users. Software
means the xsignal.io proprietary xsignal.io software programs provided in executable code form and any and all modified, updated, or enhanced versions thereof that xsignal.io may provide to Customer or its Users. Subscription
means a subscription purchased by Customer to access and use the xsignal.io Solution and to receive Support during the applicable Subscription Term. Subscription Term
means the contract term for Customer's access and use of the xsignal.io Solution as set forth on the applicable Order Form. Support
means the standard maintenance or support provided by xsignal.io or its designatedagents for the xsignal.io Solution as set forth in this Agreement. 1. Acknowledgment.
1.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
1.2 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
1.3 By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
2.1 License Grant. Subject to Customer's compliance with the terms and conditions of this Agreement, including payment of all applicable fees, xsignal.io hereby grants to Customer a limited, non-sublicensable, non-exclusive, non-transferable, worldwide license, solely during the Subscription Term or Trial Period (defined below), as applicable and as set forth in the Order Form, to:
(i) if Customer has purchased the Services, access, and use, and permit its Users to access and use, the Services over the internet solely for Customer's internal business purposes, subject to the Usage Parameters set forth on the Order Form, and in accordance with the Documentation;
(ii) if Customer has purchased the Software, install, execute, and use, or permit Users to install, execute, and use, in object code form only, the Software on Customer-provided hardware solely for Customer's internal business purposes, subject to the Usage Parameters set forth on the Order Form, and in accordance with the Documentation; and
(iii) for any purchase of the xsignal.io Solution, reproduce and use a reasonable number of copies of the Documentation in support of the exercise of the licenses granted in clauses (i) and (ii) above.
2.2 Restrictions. Except as expressly set forth in this Agreement, and to the maximum extent permitted by applicable law, Customer will not (and will not allow any third party to): (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the structure of the xsignal.io Solution or the source code from the xsignal.io Solution; (ii) distribute, license, sublicense, assign, transfer, provide, lease, lend, rent, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the xsignal.io Solution (except as expressly and specifically authorized in writing by xsignal.io); (iii) use or access the xsignal.io Solution in order to build a similar or competitive product or service or to disclose to any third party any benchmarking or comparative study involving the xsignal.io Solution; (iv) modify, adapt, translate, or create derivative works of the xsignal.io Solution or Documentation; (v) remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of xsignal.io or its suppliers on or within the Xsignal.io Solution or Documentation; (vi) use the xsignal.io Solution for or in conjunction with, or initiate security scanning of, any web domain (or part of a domain) that has any content that may be illegal in nature; (vii) use the xsignal.io Solution to scan any third party website or web application without such third party's prior written consent; or (viii) violate any applicable laws or regulations or any rights of any third party in connection with the use or access of the Xsignal.io Solution. xsignal.io reserves all rights and licenses not expressly granted to Customer in Section 2.1, and no implied license is granted by xsignal.io. CUSTOMER ACKNOWLEDGES THAT THE XSIGNAL.IO SOLUTION MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE SUBSCRIPTION TERM AND/OR IN THE EVENT OF CUSTOMER'S USE INCONSISTENT WITH THIS AGREEMENT.
2.3 Delivery and Acceptance. Following the execution of this Agreement, xsignal.io will make the xsignal.io Solution available to Customer either via the internet or for download, as applicable. The xsignal.io Solution, including any updates or upgrades that xsignal.io may make available to Customer from time-to-time, will be considered delivered and deemed accepted by Customer upon xsignal.io making the xsignal.io Solution (or the relevant update or upgrade) available to Customer.
2.4 Proprietary Rights. xsignal.io and its licensors retain all right, title, and interest in and to the xsignal.io Solution and related Documentation and materials (and any and all copies thereof) including any and all Intellectual Property Rights held by xsignal.io in the xsignal.io Solution. Title to the xsignal.io Solution will not pass from xsignal.io to Customer, and the xsignal.io Solution and all copies thereof will at all times remain the sole and exclusive property of xsignal.io.
2.5 Open Source Software. The xsignal.io Solution may incorporate and consist of third-party Open Source Software which Customer may use under the terms and conditions of the specific license under which the Open Source Software is distributed. Title to Open Source Software remains with the applicable licensor(s). Any Open Source Software provided with or contained in the Product is provided "AS IS" and without any warranty of any kind.
2.6 Feedback. To the extent Customer or any User provides suggestions or feedback to xsignal.io regarding the functioning, features, and other characteristics of the xsignal.io Solution, Documentation, or other materials or services provided or made available by xsignal.io ("Feedback
"), Customer hereby grants xsignal.io a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, fully-transferable, worldwide license (with rights to sublicense through multiple tiers of sublicensees) for xsignal.io to use and exploit such Feedback in any manner for the purpose of improving and continuing the development of the Xsignal.io Solution.
2.7 Trial Versions and Beta Features. xsignal.io will have no liability under the Agreement (including any indemnification obligations) arising out of or related to any use of a Trial Version or Beta Feature by Customer. Any use of a Trial Version or Beta Feature will be solely at Customer's own risk and may be subject to additional requirements as specified by xsignal.io. xsignal.io is not obligated to provide Support for any Trial Version or Beta Feature, and all Trial Versions or Beta Features are provided as-is without warranty of any kind. "Trial Version(s)
" means any xsignal.io Solution version that is provided by xsignal.io on a "Trial", "Evaluation", or "Proof of Concept" basis whether or not identified as such by xsignal.io on an Order Form. xsignal.io will provide the Trial Version free of charge for a time period of fifteen (15) business days, and Customer acknowledges and agrees that if Customer has not purchased a Subscription prior to the expiration of such fifteen (15) day period then this Agreement will automatically terminate (without the requirement of providing any termination notice) and the Trial Version may cease functioning. "Beta Feature(s)
" means any xsignal.io Solution feature that is identified by xsignal.io, including via the applicable xsignal.io Solution user interface or via other communications to Customer, as "Beta", "Alpha", "Experimental", "Limited Release" or "Pre-Release" or that is otherwise identified by Xsignal.io as unsupported. xsignal.io may, in its sole discretion, (i) cease providing Beta Features at any time, or (ii) cease providing Beta Features free of charge and require Customer to purchase such features for continued use as part of the xsignal.io Solution. Customer will not attempt to circumvent, dismantle, or otherwise interfere with any time-control disabling functionality in any Trial Version or Beta Feature that causes the Trial Version or Beta Feature to cease functioning. 3. Support.
3.1 Support shall be conveyed by telematic means to You in order to help You with Your ongoing use of the Service. Support is available during normal business hours (CET) at https://xsignal.io/
may at its own discretion and without engaging in any statements of service levels with customers, extend its Support availability to other time zones, where feasible. 4. Links to Other Websites
4.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
4.2 The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
4.3 We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. 5. Termination
5.1 We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
5.2 Upon termination, Your right to use the Service will cease immediately. 6. Limitation of Liability
6.1 Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
6.2 To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
6.3 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law. 7. "AS IS" and "AS AVAILABLE" Disclaimer
7.1 The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
7.2 Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
7.3 Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 8. Privacy
8.1 You agree that Https://xsignal.io/ may collect and use technical information which You provide or which is acquired by Https://xsignal.io/ as part of Your use of the Service. Https://xsignal.io/ agrees not to use this information in a form that personally identifies You. Each party shall comply with its respective obligations under applicable data protection laws ("DPL").
8.2 You agree that Https://xsignal.io/ may refer to the name of Your corporation as one of its customers, both internally and in externally published media, unless You expressly, and in writing, restrict Https://xsignal.io/ from mentioning You. Any additional disclosure by Https://xsignal.io/ with respect to You or Your company shall be subject to Your prior written consent. 9. Confidentiality
9.1 You acknowledge that the Service and certain other materials are confidential as provided herein. Https://xsignal.io/ Parties' confidential information includes any and all information related to the Service and/or business of https://xsignal.io/ Parties that is treated as confidential or secret byHttps://xsignal.io/ Parties (that is, it is the subject of efforts by Https://xsignal.io/ Parties, as applicable, that are reasonable under the circumstances to maintain its secrecy), including, without limitation:
a. The Service;
b. Any and all other information which is disclosed by Https://xsignal.io/ to You orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and,
c. Any notes, extracts, analysis, or materials prepared by You which are copies of or derivative works of Https://xsignal.io/ Parties' confidential information from which the substance of said information can be inferred or otherwise understood (the "Confidential Information").
During the course of delivery of Support it will be necessary for confidential information to be exchanged between You and Pentest-Tools.com. The Recipient may use such confidential information only for the purposes for which it was provided, and may disclose it only to employees, or contractors or partners, obligated to the Recipient under similar confidentiality restrictions and only for the purposes it was provided.
Confidential information shall not include information which the Recipient can clearly establish by written evidence:
a. Is already lawfully known to or independently developed by the Recipient without access to the confidential information;
b. Is disclosed in non-confidential published materials;
c. Is generally known to the public; or
d. Is rightfully obtained from any third party without any obligation of confidentiality.
The Recipient agrees not to disclose confidential information to any third party and will protect and treat all confidential information with the highest degree of care. Except as otherwise expressly provided in this Service Agreement, the Recipient will not use or make any copies of confidential information, in whole or in part, without the prior written authorization of the other party. The Recipient may disclose confidential information if required by statute, regulation, or order of a court of competent jurisdiction, provided that the Recipient provides the other party with prior notice, discloses only the minimum confidential information required to be disclosed, and cooperates with the other party in taking appropriate protective measures. These obligations shall continue to survive indefinitely following the termination of this Service Agreement with respect to confidential information. Https://xsignal.io/ Parties will not be obliged to respect Your confidential information in the case of termination due to Your breach of the Service Agreement conditions, insofar as such information is required for Https://xsignal.io/ Parties to safeguard their own rights and interests. 10. Disputes Resolution
10.1 If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. 11. For European Union (EU) Users
11.1 If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. 12. United States Legal Compliance
12.1 You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. 13. Severability and Waiver 13.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 13.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. 14. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. 15. Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
By visiting this page on our website: https://xsignal.io/
By phone number: 7 910 2147425