END-USER LICENSE AGREEMENT (‘AGREEMENT’, ‘EULA’) FOR ADVANCED SCANS
Please read this End-User License Agreement (“Agreement”) carefully before accessing or using the Advanced Scans service (the “Service”). Advanced Scans is an automated, web-based service for website protection, scanning, and monitoring, operated by Computer Tune LTD (“Advanced Scans”, “us”, “we”, or “our”).
The Service is delivered entirely over the web as a Software-as-a-Service (SaaS) product. There is no software to download, install, or uninstall, and all scanning, monitoring, and reporting is performed automatically by our systems without manual or human intervention.
By accessing or using the Service, you are agreeing to be bound by the terms and conditions of this Agreement, and you represent that you are authorized to enter into this Agreement on behalf of yourself and/or your corporate entity (if applicable). This Agreement is a legal agreement between you (either an individual or a single entity) and Advanced Scans, and it governs your use of the Service made available to you by Advanced Scans.
If you do not agree to the terms of this Agreement, do not access or use the Service.
The Service is licensed, not sold, to you by Advanced Scans for use strictly in accordance with the terms of this Agreement. We retain all right, title, and interest in and to the Service, including all related intellectual property rights.
Upon your payment of the fees due and acceptance of this Agreement, Advanced Scans grants you a revocable, non-exclusive, non-transferable, limited license to access and use the Service for your own internal business or personal purposes, strictly in accordance with the terms of this Agreement and according to the validity and restrictions of the subscription plan which you have paid for.
If you access the Service on a free trial or evaluation basis, regardless of how labeled, your use of the Service is limited to a specified period and/or limited functionality, and all use will be governed by the terms set forth in this Agreement. You are not obligated to purchase a paid subscription, and you may stop using the Service at any time. An evaluation may be terminated by Advanced Scans at any time upon notice to you, and will automatically terminate, without notice, upon the expiration of the evaluation period.
The Service is offered on a subscription basis. By subscribing to a paid plan, you authorize recurring charges for the applicable subscription fees until you cancel.
Our order process and billing are conducted by our online reseller and payments provider, Paddle.com, which acts as the Merchant of Record for all orders placed through our website. Paddle handles payment processing, billing, the charging of applicable taxes, subscription management, cancellations, and refunds on our behalf. When you purchase a subscription, your contract for payment is with Paddle as the Merchant of Record, and Paddle’s buyer terms also apply to your transaction. We do not store your payment card details.
For details on refunds and cancellations, please see our Refunds & Cancellations policy.
You may only submit, scan, or monitor domains, websites, and web properties that you own or that you are explicitly authorized to scan. By submitting a domain to the Service, you represent and warrant that you have the legal right and authority to permit automated scanning and monitoring of that property. You agree not to use the Service to scan, probe, or monitor any system or website without authorization, or for any unlawful purpose.
Parts of the Service may incorporate and consist of (i) proprietary software and/or (ii) third-party open source materials (e.g., any software subject to open source, copyleft, GNU General Public License, Library General Public License, Lesser General Public License, Mozilla license, open source initiative license, Apache, or public domain licenses, or similar license) (“Open Source”), which you may use under the terms and conditions of the specific license under which the Open Source software is distributed. You agree that you will be bound by any and all such Open Source license agreements. Title to Open Source software remains with the applicable Licensor(s). Any Open Source provided with or contained in the Service is provided “AS IS” and without any warranty of any kind.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Service, or make the Service available to any third party other than as expressly permitted under your plan;
copy or use the Service for any purpose other than as permitted under the “License” and “Free Trials and Evaluation” sections above;
modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Service;
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Advanced Scans or its affiliates, partners, suppliers, or the licensors of the Service.
The Service, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, is, and shall remain, the sole and exclusive property of Advanced Scans and its licensors.
Advanced Scans reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part of it, or any service to which it connects, with or without notice and without liability to you.
Advanced Scans may from time to time provide enhancements or improvements to the features and functionality of the Service, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Service. You agree that Advanced Scans has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Service, and (ii) subject to the terms and conditions of this Agreement. Because the Service is delivered over the web, Updates are applied automatically and require no action on your part.
The Service may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Advanced Scans shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Advanced Scans does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Advanced Scans collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at https://advanced-scans.com/privacy-policy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
This Agreement shall remain in effect until terminated by you or Advanced Scans.
Advanced Scans may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement and your access to the Service, with or without prior notice.
This Agreement will terminate immediately, without prior notice from Advanced Scans, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement at any time by cancelling your subscription and ceasing to access and use the Service.
Upon termination of this Agreement, you shall cease all use of the Service. Termination of this Agreement will not limit any of Advanced Scans’ rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Advanced Scans and its owners, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party, including your scanning of any domain you were not authorized to scan.
The Service is provided to you for both evaluation purposes as well as on a licensed basis “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Advanced Scans, 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, Advanced Scans 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.
Without limiting the foregoing, neither Advanced Scans nor any Advanced Scans 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 Advanced Scans are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. The Service is an automated detection and monitoring tool and does not guarantee that all threats, malware, or vulnerabilities will be detected or removed, or that your website will remain secure.
The Service is not fault-tolerant and is not designed or intended for high-risk activities such as use in hazardous environments requiring fail-safe performance, including but not limited to nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the Service could lead directly to death, personal injury, or severe physical or property damage. We expressly disclaim any express or implied warranty of fitness for high-risk activities.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of Advanced Scans and any of its suppliers under any provision of this Agreement, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you for the Service.
To the maximum extent permitted by applicable law, in no event shall Advanced Scans or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for 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 services used with the Service, or otherwise in connection with any provision of this Agreement), even if Advanced Scans or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Advanced Scans’ total liability for damages hereunder shall in no event exceed the amount of subscription fees that you have paid for the Service.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement 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.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Advanced Scans reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will 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 the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
