Terms and Conditions

1. Agreement and Parties

These Terms and Conditions ("Terms") constitute a legally binding agreement between:

(1) IronVast (NZBN: 9429049352788), with registered office at 4/737 East Coast Road, Browns Bay, Auckland, New Zealand ("IronVast", "we", "us", or "our"); and

(2) The person or entity using our services ("Customer", "you", or "your").

By creating an account, accessing, or using IronVast's vulnerability scanning services, you agree to be bound by these Terms. If you represent an organization, you represent and warrant that you are authorized to agree to these Terms on behalf of your organization.

2. Definitions

"Service" means the vulnerability scanning services provided by IronVast through our platform at ironvast.com, including all related tools, features, and documentation.

"Platform" means IronVast's software platform, including all versions, amendments, and improvements.

"Target Systems" means the individual computer systems, networks, web applications, or infrastructure identified by IP addresses, hostnames, domains, or other unique identifiers that you direct us to scan.

"Vulnerability" means a particular configuration, software patch level, or application code deployment that is perceived as likely to reduce or undermine the security of a Target System.

"Confidential Information" means any non-public information disclosed by either party, including technical information, business information, scan results, and platform details.

"Free Trial" means the 14-day trial period during which you may use the Service without payment.

3. Service Description

3.1 IronVast provides vulnerability scanning services that identify potential security weaknesses in your Target Systems through automated security assessments.

3.2 Our Service includes:

• Automated vulnerability scanning
• Security reports and recommendations
• Access to our web-based platform
• Email notifications and alerts

3.3 The Service is provided on a Software-as-a-Service (SaaS) basis through our online platform.

4. Free Trial and Account Registration

4.1 Free Trial: We offer a 14-day free trial that does not require payment card information. The trial begins when you create an account and verify your email address.

4.2 Trial Limitations: The free trial may have feature restrictions or scanning limitations compared to paid plans.

4.3 End of Trial: At the end of the 14-day trial period, access to the Service will be restricted unless you subscribe to a paid plan. We do not automatically charge you or convert your account to a paid plan.

4.4 Account Information: You must provide accurate and complete information during registration and keep your account information updated.

5. Paid Subscriptions

5.1 Subscription Plans: After your free trial, you may subscribe to one of our paid plans with different features and scanning limits.

5.2 Billing: Subscriptions are billed monthly in advance. All fees are in New Zealand Dollars (NZD) unless otherwise specified.

5.3 Payment Processing: Payments are processed by Stripe. We do not store your payment card details on our systems.

5.4 Automatic Renewal: Paid subscriptions automatically renew unless cancelled before the next billing date.

5.5 Fee Changes: We may modify subscription fees with 30 days' written notice. Changes take effect at your next billing cycle.

6. Authorization and Permitted Use

6.1 Authorization Requirement: You must have explicit authorization to scan all Target Systems. You represent and warrant that:

• You own or control the Target Systems you scan
• You have written permission from the owners of any third-party systems you scan
• Your use of the Service complies with all applicable laws and regulations

6.2 Prohibited Uses: You must not:

• Scan systems without proper authorization
• Use the Service for any unlawful purpose
• Attempt to circumvent or disable any security features of our Platform
• Reverse engineer, decompile, or disassemble any part of our Service
• Use the Service to compete with IronVast or build competing products
• Share your account credentials with unauthorized users
• Create unreasonable load on our systems or infrastructure

6.3 Compliance: You are solely responsible for ensuring your use of the Service complies with all applicable laws, regulations, and third-party rights in your jurisdiction.

7. Disclaimers and Limitations

7.1 Service Disclaimers:

• The Service is provided "AS IS" without warranties of any kind
• We do not guarantee that our scans will identify all vulnerabilities
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure
• Scan results may include false positives or miss certain vulnerabilities

7.2 No Warranty: We expressly disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.3 System Impact: While we design our scans to minimize impact, you acknowledge that scanning may temporarily increase network bandwidth usage and system processing load on Target Systems.

8. Limitation of Liability

8.1 Exclusion of Damages: To the maximum extent permitted by law, IronVast shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• System downtime or service interruptions
• Damage caused by vulnerabilities not detected by our Service
• Actions taken based on scan results

8.2 Liability Cap: Our total aggregate liability to you under these Terms shall not exceed the fees you have paid to us in the 12 months preceding the claim, or NZD $1,000, whichever is greater.

8.3 Exceptions: Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Liability that cannot be excluded by law

9. Indemnification

You agree to indemnify, defend, and hold harmless IronVast from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your use of the Service without proper authorization
• Your violation of applicable laws or third-party rights
• Any inaccurate information you provide

10. Intellectual Property

10.1 IronVast IP: We retain all rights, title, and interest in the Service, Platform, and any improvements or modifications thereto.

10.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription term.

10.3 Customer Data: You retain ownership of your data, and we claim no intellectual property rights over your scan targets or business information.

11. Confidentiality

11.1 Mutual Obligations: Both parties will keep confidential information secret and use it only for purposes related to this agreement.

11.2 Scan Results: We treat your scan results as confidential and will not disclose them to third parties except as required by law.

11.3 Survival: Confidentiality obligations survive termination of these Terms.

12. Data Security and Privacy

12.1 Security Measures: We implement reasonable technical and organizational measures to protect your data.

12.2 Privacy: Your use of the Service is also governed by our Privacy Policy, which forms part of these Terms.

12.3 Data Retention: We retain scan data and results for a limited period as specified in our Privacy Policy.

13. Term and Termination

13.1 Term: These Terms remain in effect while you use the Service.

13.2 Termination by You: You may terminate your account at any time through your account settings or by contacting support.

13.3 Termination by Us: We may suspend or terminate your account if you breach these Terms, fail to pay fees, or engage in prohibited activities.

13.4 Effect of Termination: Upon termination, your access to the Service will cease, and we may delete your data after a reasonable period.

13.5 Survival: Sections relating to disclaimers, limitation of liability, indemnification, and confidentiality survive termination.

14. Refunds and Cancellation

14.1 Free Trial: No refunds are applicable to free trial usage.

14.2 Paid Subscriptions: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

14.3 Refund Policy: Fees are generally non-refundable. We may provide refunds at our sole discretion for unused portions of your subscription in exceptional circumstances.

15. Force Majeure

Neither party will be liable for delays or failures in performance due to events beyond their reasonable control, including natural disasters, government actions, or service provider failures.

16. Changes to Terms

16.1 We may modify these Terms from time to time by posting updated Terms on our website.

16.2 Material changes will be notified via email or platform notification at least 30 days before taking effect.

16.3 Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

17. General Provisions

17.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between the parties.

17.2 Governing Law: These Terms are governed by the laws of New Zealand, without regard to conflict of law principles.

17.3 Jurisdiction: Any disputes will be subject to the exclusive jurisdiction of the New Zealand courts.

17.4 Severability: If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.5 Assignment: You may not assign these Terms without our written consent. We may assign these Terms without restriction.

17.6 Waiver: Failure to enforce any provision does not constitute a waiver of that provision.

18. Contact Information

For questions about these Terms, contact us at:

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These Terms and Conditions are effective as of the date of your acceptance and supersede all prior agreements relating to the subject matter herein.