Terms Of Use

Last Updated: November 4, 2024

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING panoptick.com SOFTWARE. BY USING panoptick.com, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE OR USE THE SOFTWARE.

The website panoptick.com is owned and operated by Suprematic Technologies Lda, NIF PT518330150. Correspondence address: Rua Raul Duarte Gomes, 2, Bloco A, Rc Esq. 2655-320 Ericeira, Libson, Portugal. Panoptick provides various digital services as described on the website. All fees must be paid in full prior to the start of any service or campaign.

1. ACCEPTANCE OF TERMS

By accessing or using the services provided by Suprematic Technologies Lda (“Company,” “we,” “us,” or “our”), including the panoptick.com platform (“Services”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you must not access or use our Services.

2. ELIGIBILITY

You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.

3. DESCRIPTION OF SERVICES

Our platform provides website monitoring and uptime tracking services. The Services perform automated health checks and monitoring of websites through periodic HTTP/HTTPS requests to verify availability, response time, and proper functioning. We limit our monitoring requests to reasonable frequencies to prevent any adverse impact on monitored websites. The Services may include uptime reporting, performance metrics, alert notifications, and other monitoring-related features as described on our website.

4. ACCOUNT REGISTRATION AND SECURITY

• Registration: To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.
• Notification of Unauthorized Use: You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

5. USER RESPONSIBILITIES

• Compliance with Laws: You agree to use our Services in compliance with all applicable local, national, and international laws and regulations.
• Acceptable Use: You agree not to engage in any prohibited activities, including but not limited to those listed in Section 6 below.

6. PROHIBITED ACTIVITIES

You agree NOT to use the Services to:

• Excessive Monitoring: Configure monitoring at frequencies that could constitute a denial of service attack or otherwise harm monitored websites.
• Unauthorized Monitoring: Monitor websites, servers, or services without proper authorization or in violation of their terms of service.
• Malicious Use: Use our monitoring capabilities for reconnaissance, vulnerability scanning, or other security testing without explicit permission from the target system owners.
• Illegal Activities: Engage in any illegal or unlawful activities, including but not limited to fraud, money laundering, or terrorism.
• Fraudulent Traffic Generation: Generate traffic for fraudulent purposes or in a manner that could be considered deceptive or misleading.
• Violation of Third-Party Rights: Infringe upon or violate the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
• Interference: Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• Automated Systems: Use any automated means, including robots, spiders, or scrapers, to access the Services for any purpose without our express written permission.
• Harassment: Harass, abuse, or harm another person or entity.

7. INTELLECTUAL PROPERTY RIGHTS

• Ownership: All content, trademarks, service marks, trade names, logos, and icons are proprietary to Suprematic Technologies Lda. You acknowledge and agree that the Company owns all legal rights, titles, and interests in and to the Services.
• Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms.

8. USER-GENERATED CONTENT

• Responsibility for Content: You are solely responsible for any content or materials you upload, submit, post, or transmit through the Services.
• License to Company: By submitting any content, you grant Suprematic Technologies Lda a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content.

9. PRIVACY POLICY

Your use of the Services is also governed by our

Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policyto understand our practices regarding your personal data.

10. DISCLAIMERS

• No Warranty: The Services are provided on an “as is” and “as available” basis. Suprematic Technologies Lda expressly disclaims any warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
• No Guarantee of Results: We do not guarantee any specific outcomes or results from the use of the Services.

11. LIMITATION OF LIABILITY

• Exclusion of Damages: To the fullest extent permitted by law, in no event shall Suprematic Technologies Lda be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Services.
• Cap on Liability: Our total liability to you for any damages arising from or related to these Terms or the Services will not exceed the amount you have paid to Suprematic Technologies Lda in the last twelve (12) months.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Suprematic Technologies Lda, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your violation of these Terms or your use of the Services.

13. NO LEGAL ACTIONS

By agreeing to these Terms, you waive your right to bring any legal action against Suprematic Technologies Lda in any court. Any disputes or claims arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration as set forth in Section 14.

14. DISPUTE RESOLUTION AND ARBITRATION

• Binding Arbitration: Any dispute or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with its rules.
• Waiver of Class Actions: You agree to resolve disputes with Suprematic Technologies Lda on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

15. TERMINATION

• By Company: We reserve the right to terminate or suspend your account and access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.
• Effect of Termination: Upon termination, all licenses and rights granted to you in these Terms will immediately cease. You remain responsible for all fees and charges incurred up to the time of termination.

16. MODIFICATIONS TO SERVICES AND TERMS

• Changes to Services: We reserve the right to modify or discontinue the Services (or any part thereof) at any time, temporarily or permanently, with or without notice.
• Updates to Terms: We may update these Terms from time to time. Any changes will be effective immediately upon posting the revised Terms on the panoptick.com website. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.

17. GOVERNING LAW

These Terms and any disputes related thereto shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.

18. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

19. ENTIRE AGREEMENT

These Terms, along with the Privacy Policyand any other legal notices published by Suprematic Technologies Lda, constitute the entire agreement between you and the Company concerning the Services and supersede all prior agreements.

20. WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Suprematic Technologies Lda’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. ASSIGNMENT

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any third party at any time without notice.

22. FORCE MAJEURE

Suprematic Technologies Lda shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

23. ELECTRONIC COMMUNICATIONS

• Consent to Electronic Communications: By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Services.
• Legal Effect: You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

24. INTERNATIONAL USERS

Accessing the Services from territories where the content is illegal is prohibited. If you access the Services from locations outside Portugal, you do so at your own risk and are responsible for compliance with local laws.

25. NO ENDORSEMENT

Suprematic Technologies Lda does not endorse any websites or content to which traffic is generated using our Services. We are not responsible for the content or practices of any third-party websites.

26. ACKNOWLEDGMENT OF RISKS

You acknowledge that website monitoring may impact the monitored systems and could potentially trigger security alerts or defensive measures. You are responsible for ensuring you have proper authorization to monitor any websites or services, and you assume all risks associated with your use of the Services. We recommend informing website owners about monitoring activities and configuring appropriate monitoring frequencies to minimize any potential impact.

27. LIMITATION ON USE

We may establish general practices and limits concerning the use of the Services, including without limitation the maximum number of times you may access the Services in a given period.

28. FEEDBACK AND SUGGESTIONS

Any feedback, comments, or suggestions you may provide regarding the Services are entirely voluntary, and we will be free to use such feedback as we see fit without any obligation to you.

29. HEADINGS

The section titles in these Terms are for convenience only and have no legal or contractual effect.

30. CONTACT INFORMATION

If you have any questions or concerns about these Terms or the Services, please contact us at:

• Email: [email protected]
• Address:Rua Raul Duarte Gomes, 2, Bloco A, Rc Esq. 2655-320 Ericeira, Libson, Portugal

IMPORTANT NOTICE

By agreeing to these Terms, you expressly acknowledge that you have read and understand all of the terms and conditions herein and agree to be legally bound by them. You also acknowledge that you waive your right to bring any legal action against Suprematic Technologies Lda in any court, and any disputes will be resolved solely through binding arbitration.

Thank you for choosing panoptick.com. We are committed to providing you with the best experience possible and appreciate your cooperation in abiding by these Terms.