These Terms and Conditions as accepted by you govern the provision and use of the Patchstack services.
Definitions
- Agreement – terms and conditions of as set forth in this document.
- Site – website available at patchstack.com
- Services – the services available from and related to the domain and subdomains of the Site
- Patchstack (also referred to as “we”, “our” or “us”) – Patchstack OÜ, company incorporated and registered under the laws of the Republic of Estonia with registration code 14331217
- User (also referred to as “you” or “your”) – an individual who creates a user account
Use of the Services
Upon your acceptance of this Agreement, Patchstack grants you a non-exclusive, non-transferable right to access and use the Services for your internal purposes. Patchstack shall accept, process and resolve queries from you subject to the terms and conditions herein.
You can select and change a suitable subscription plan from the Site.
In registering for the Services, you agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any data that is untrue, inaccurate, not complete or incomplete, or Patchstack has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Patchstack has the right to suspend or terminate your account and to refuse any and all current or future use of the Services (or any portion thereof). You are responsible for all activities that occur under your account. You agree to notify Patchstack immediately of any unauthorized use of your account or any other breach of security and to exit from your account at the end of each session. You agree that you are responsible for any losses arising out of the unauthorized use of your account.
Patchstack reserves the right to re-direct or terminate recursive traffic that Patchstack, in its sole discretion, determines or considers to be harmful or invalid.
Free Trial
If you register for a free trial for the Service, Patchstack will make the Service available to you on a trial basis free of charge for a period of seven (7) days which gives you access to monitoring and the firewall module of an unlimited amount of websites. You may use a free trial once. Patchstack reserves the right to terminate or modify your free trial or to amend the terms and conditions associated with the free trial at any time without prior notice and without liability.
Fees and Payment
You will be responsible for payment of the applicable fee (the “Service Subscription Fee”) at the time You create your account and select your annual package (the “Service Commencement Date”). All fees will be billed to the credit card you designate during the registration process. Also, it is optional to pay by invoice if Patchstack agrees that with you. If you want to designate a different credit card or if there is a change in your credit card or payment account status, you must change it under billing options.
If you cancel the Services during the seven (7) days free trial, you will not be charged any amounts. If the payment method you provide expires and you do not update your payment method information or cancel the Services, you authorize Patchstack to suspend the Services until your billing details have been updated. After an account suspension, You agree that Patchstack may re-attempt payment processing upon receiving updated billing details.
Term and Termination
The subscription for the Services is provided on a monthly basis. You may upgrade to a higher level subscription, or downgrade to a lower level subscription at any time. Changes to subscriptions will be reflected in your next invoice. No credits or refunds will be issued for downgrading to a lower level subscription. Patchstack, at its sole option and discretion, reserves the right to audit your use of the Services to verify that you are subscribed to the appropriate level subscription.
You will have thirty (30) days from the Service Commencement Date or any renewal commencement date to cancel the Service (the “Cancellation Period”), in which case Patchstack will refund your Service Subscription Fee for the applicable Services term provided that you have not submitted a malware removal request during the Cancellation Period.
Secondary services classified as Add-ons are non-refundable.
You agree that You will make any cancellation request on the billing options. Except as set forth above, your Service Subscription Fee shall be non-refundable.
You are responsible for all charges accrued on your account up to the time of cancellation, including all fees within the subscription period in which you cancel. Upon termination of this Agreement, your access to the Service will end and Patchstack will not be responsible in any way for your loss of the Services or for your access to alternative services. All provisions of the Agreement which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions (Section 6), warranties (Section 8), disclaimers (Section 9), limitations of liability (Section 10) and indemnity (Section 11).
Change in Services
You acknowledge and agree that the Services may change over time and that Patchstack may make changes to the Services or to the pricing from time to time in its sole discretion. Patchstack may change or discontinue the Services, or portions thereof, or change the pricing, at any time with thirty (30) days prior written notice. If such changes are unacceptable to you, then you may terminate this Agreement by providing written notification to Patchstack at least twenty (20) days prior to the date the change is scheduled to take effect. Any use of the Services after the effective date of a change or discontinuance will be deemed acceptance of the changes by you.
Patchstack reserves the right, under its sole discretion, to assign the Services to any of its affiliates. For the purposes of this Agreement, “Affiliate” means with respect to a party, any entity that directly or indirectly controls, is controlled by or is under common control with that party.
Ownership
You acknowledge and agree that the Services is the property of Patchstack and its licensors and that the domain name server, software, and all databases, data, and know-how used in the provision and operation of the Service are owned exclusively by Patchstack and its licensors, and where applicable, are protected by copyright and other applicable intellectual property laws and you claim no ownership interest therein. Nothing in this Agreement grants you any rights to, and you agree not to modify, adapt, alter, copy, reverse engineer or disassemble the Services, including without limitation any software or data contained therein, in any way.
Warranties
If at any time during the Services, you submit a malware removal request for a covered website that Patchstack determines as infected, Patchstack will use reasonable technical efforts to clean the infected website. In the event that Patchstack is unable, for any reason, to clean the infected website, Patchstack will, as its sole and exclusive remedy, refund to you the annual fee you paid to Patchstack for the cleanup of that website.
You represent and warrant that you have full power and authority to enter into this Agreement and to perform your obligations hereunder. You represent and warrant that you will comply with all applicable laws in connection with your use of the Service, and that You will not use, or allow the use of the Services in a manner that is prohibited by any law or regulation, including the Acceptable Use policies set forth in Section 11.
Except as set forth above, the Services (including, without limitation, any content or Patchstack materials) is provided “as is” and “as available” and without warranty or condition of any kind, express or implied, including, but not limited to, the implied warranties or conditions of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties or conditions implied by any course of performance or usage of trade, all of which are expressly disclaimed. Patchstack, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Services will prevent the infection, or re-infection, of the covered websites; (b) the covered website will operate after it has been cleaned by Patchstack; (c) the Services will be secure or available at any particular time or location; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the service will meet your requirements.
Any content downloaded from or otherwise accessed through the Site or the Service is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, including, but not limited to, your computer system, any device you use to access the Site or the Services, and any covered websites, or any other loss that results from accessing such content.
You understand and agree that you use the Site and the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer systems, the covered websites, or loss of data that results from use of the Site and the Services.
Some jurisdictions do not allow the exclusion of certain warranties, representations or conditions, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so some of the above limitations may not apply in full to you. Where legislation in a jurisdiction implies in these terms any condition or warranty that cannot be exclusive, Patchstack’s liability for breach thereof shall be limited, at Patchstack’s option, to the supply of services again, or the payment of the cost of having them supplied again.
Disclaimer
Neither Patchstack nor any of its respective employees or agents make any warranty as to the results to be obtained from the use of the Services. Except as specifically set forth herein, Patchstack specifically disclaims all other warranties of any kind, whether express, implied, or statutory, including but not limited to, any warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
Limitation of liability
In no event shall Patchstack, its officers, directors, employees, agents, suppliers, licensors, or anyone else involved in creating, supporting, producing or delivering the Services (including without limitation suspending or discontinuing the Services) be liable to you with respect to the Services or any errors, omissions, or inaccuracies in any content accessible through the Services. Patchstack and its officers, directors, employees, agents, suppliers or licensors shall not have any liability to you or any other third party for any indirect, incidental, consequential, exemplary, or punitive damages or lost profits, economic or special damages of any kind, which are related to this Agreement or the provision of the service hereunder. Patchstack’s cumulative liability to you or any party related to you for any loss or damages arising out of or relating to this Agreement, or use of the Services shall not exceed the amount of fees paid to Patchstack by You during the twelve (12) months preceding the claim. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation, and other torts.
Our Services does not guarantee that your website or company complies with GDPR article 32, EU directive 2016/1148 concerning measures for a high common level of security of network and information systems across the Union (NIS directive) or any other legislative act or cybersecurity standard.
Due to the unique nature of the Services, there is a possibility that your website may be blocked by our firewall. Such an event will not be ground for breach of the Agreement or any other contractual liability or tort. We are not also responsible for any damages that you may suffer due to the misuse or bad configuration of the firewall like temporarily blocking access to the website. You shall be responsible to inform us immediately if such situations occur.
Indemnity
You agree to defend, indemnify and save Patchstack and its licensors and their directors, officers, employees contractors, and licensors harmless from and against any and all claims, demands, suits, actions, causes of action and/or liability of any kind whatsoever for all damages, losses and/or expenses (including without limitation, reasonable legal and other related costs) to the extent that the claim arises out of, or relates to, any information, data, or other content passing through the Services to you, or resulting from, or in connection with, your use of the Services or arises out of a breach of the Acceptable Use provisions in Section 11 of this Agreement.
Acceptable Use
You agree to use the Services for lawful purposes only. You agree not to use the Services for any of the following impermissible purposes: (a) use of the Service for any invasive, infringing, defamatory or unlawful purpose; or (b) use of the Services in a manner that, in Patchstack’s reasonable discretion, directly or indirectly, produces a negative effect on Patchstack’s systems or network (including, without limitation, overloading servers on the Patchstack network or causing portions of the Patchstack network to be blocked).
You acknowledge and agree that in the event that Patchstack determines, in its sole discretion, that any of the covered websites include content related to human trafficking, child pornography, terrorism, hate speech or violate any local, state, national or international law or regulation, Patchstack may immediately terminate this Agreement and refund a prorated portion of the Service Subscription Fee for the remainder of the Services.
Notwithstanding any other provision of these terms and conditions or the Privacy Notice, Patchstack reserves the right, but has no obligation, to disclose any information that You submit or that Patchstack discovers in performing the Services, if, in its sole opinion, Patchstack suspects or has reason to suspect, that the covered websites are involved in any way in activities that violate any local, state, national or international law or regulation. Information may be disclosed to authorities that Patchstack, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies or court officials. You hereby acknowledge and agree that Patchstack is permitted to make such disclosure.
Marketing
You agree that Patchstack may publicly list you as a recipient of the Services, and may publicly announce the relationship between you and Patchstack created by this Agreement.
Use of Data
You agree that Patchstack may make use of your traffic data for research purposes, or to improve the Services, so long as such data is in an aggregated form and is not identifiable.
Entire Agreement
The Agreement represents the entire agreement between you and Patchstack regarding the Services and supersedes all previous agreements, promises, proposals, representations, understanding and negotiations, whether written or oral, between you and Patchstack respecting the subject matter hereof.
Modification of Terms and Conditions
Although Patchstack notifies you when major changes are made to this Agreement, You should periodically review the most up-to-date version, which is available on the Site. Patchstack may, in its sole discretion, modify or revise this Agreement and its policies at any time, and you agree to be bound by such modifications or revisions by your continued use of the Services.
Third Party Beneficiaries
This Agreement does not provide and shall not be construed to provide third parties with any remedy, claim, cause of action or privilege. Nothing in this Agreement shall be construed as creating an employer-employee or agency relationship, a partnership or a joint venture between the parties.
The Services may link to other websites or resources on the Internet. When you access third-party websites, you do so at your own risk. These other websites are not under Patchstack’s control, and you acknowledge that Patchstack is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Patchstack or any association with its operators. You further acknowledge and agree that Patchstack 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 content, goods or services available on or through any such website or resource.
Governing Law
These terms and conditions and the relationship between you and Patchstack shall be governed by and construed in accordance with the law of the Republic of Estonia, and each party irrevocably agrees to submit to the exclusive jurisdiction of the courts located in Tallinn, the Republic of Estonia over any claim or matter arising under or in connection with these terms and conditions or the legal relationships established by using the Site or Services.
Assignment
This Agreement may not be assigned by you without the prior express consent of the Patchstack. Any attempt to assign this Agreement shall be a breach of this Agreement and shall be null and void.
Force Majeure
Patchstack shall be excused from any delay or failure in performance of its obligations hereunder to the extent caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labour disputes and strikes, riots, acts of terrorism, war or other unanticipated occurrences or problems, and governmental requirements.
Waiver
No waiver by you or Patchstack of any delay, default or omission by the other party shall affect or impair the rights of the non-defaulting party in respect of any subsequent delay, default or omission of the same or different kind. Failure by you or Patchstack at any time to demand performance by the other party or to claim a breach, of any provision of this Agreement shall not constitute a waiver or otherwise affect the rights of such party.
Severability
