Terms Of Service (Service Agreement)

By selecting the "I Agree to the Terms of Service" checkbox in the pages of the service (Registration page), the entity you represent (The "User") is hereby agreeing with PenTestReporting.com to the following Terms of Service (collectively, referred to as the "Terms").

1. Definitions

  • "Company" refers to PenTestReporting.com, the monthly subscription service for automated pen test report writing.
  • "User" refers to any individual or entity who subscribes to the services provided by the Company.
  • "Service" refers to the monthly subscription service offered by the Company for automated pen test report writing.
  • "Website" refers to the Company's website through which the Service is accessed.
  • "Terms of Service" or "Terms" refers to the terms as per this Service Agreement.

2. Ineligible Parties

To the extent permissible by law, you are ineligible to use the Service if:

  • You or your employees have been convicted for any computer or Internet-related crimes; or
  • You are a competitor of Company; or
  • You are located in a region that is prohibited from using the Service by law; or
  • You have damaged the Company brand, whether intitional or not; or
  • You intend to damage the Company brand, Company creators, or Company investors; or
  • You do not plan to use the Service to automate your pen test report writing; or
  • You have previously been refused Service by PenTestReporting.com.

The Company reserves the right to refuse access to any potential or current User of the Service.

3. Identity and Authority

Users agree to provide current, accurate information in all registration forms and Service forms. Users agree not to impersonate or in any way misrepresent their affiliation or authority to act on behalf of any person, company, or other entity. Users agree to cooperate with the Company within reasonable measures to verify the identity and authority of Users using the Service. Users agree to opt in to the Company email list that may be used for marketing purposes.

4. Prohibited Uses

4.1 General Misuse

Users of the Service are strictly prohibited from engaging in the following activities:

  • Misusing, scanning, exploiting, or hacking the Company's website or any part of its infrastructure.
  • Engaging in any unlawful activities, including but not limited to unauthorized access, data breaches, or distribution of malicious software.
  • Violating any applicable laws, regulations, or third-party rights.
  • Attempting to disrupt or compromise the integrity, security, or availability of the Service.

4.2 Reasonable Usage of Service

Users must not, through the use of the Service or by any other means, create an unreasonable load on the Service infrastructure. The Company reserves the right to monitor usage patterns and take necessary actions to ensure fair and reasonable usage for all users.

4.3 Unlawful Activities

Engaging in any unlawful activities, as defined by the applicable laws and regulations, while using the Service is strictly prohibited. Users are solely responsible for their actions and any consequences that may arise from such activities.

4.4 Unauthorized Access

Users must not attempt to gain unauthorized access to the Service or any part of its infrastructure. Any unauthorized access attempts may result in immediate termination of the user's account and legal action as deemed necessary by the Company.

5. Disclaimer of Warranties

The Service is provided on an "as-is" basis, without any warranties or representations, express or implied. The Company does not guarantee the accuracy, completeness, or reliability of the Service. Users acknowledge and agree that their use of the Service is at their own risk.

6. Copyright and Intellectual Property

All content, materials, and intellectual property associated with the Service are owned by the Company. Users are prohibited from reproducing, distributing, or modifying any copyrighted materials without the explicit permission of the Company.

7. Privacy

Users agree that the Company my collect and use technical information provided by Users or acquired by the Company as part of Users use of the Service. The Company agrees not to use this information in a form that personally identifies Users. Users agree that the Company may refer to the name of a User's company as one of its customers, both internally and in externally published media, unless User expressly, and in writing, restrict the Company from mentioning the User's company.

8. Confidentiality

Users agree to keep confidential any confidential information disclosed to them by the Company during the course of using the Service. Confidential information includes but is not limited to proprietary algorithms, report templates, trade secrets, any non-public information related to the Service, and any non-public information related to the Company.

9. Changes in Service

The Company reserves the right to modify, suspend, or discontinue any aspect of the Service and pricing at any time without prior notice. Users acknowledge and agree that the Company shall not be liable for any modification, suspension, or discontinuation of the Service or pricing.

10. Suspension of Accounts or Audits

The Company reserves the right to suspend or terminate user accounts for any violation of these Terms of Service or for any other reason as deemed necessary. Additionally, the Company may conduct audits or investigations to ensure compliance with these terms and applicable laws.

11. Storage of Data

The Company takes reasonable measures to secure user data stored within the Service. However, users acknowledge and agree that the Company shall not be responsible for any loss, unauthorized access, or damage to user data.

12. Indemnity

Users agree to indemnify and hold the Company, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, liabilities, losses, or expenses arising out of their use of the Service, violation of these Terms of Service, or infringement of any third-party rights.

13. Limitation of Liability

In no event shall the Company, its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Service. The Company's liability shall be limited to the greater of the amount paid by the user during the calendar year or $1.

14. Term and Termination

These Terms of Service shall remain in effect until terminated by either party. The Company reserves the right to terminate the Service or suspend user accounts for any violation of these terms or for any other reason as deemed necessary. Users may flag their subscription to the Service for cancellation at any time. When a User flags their subscription to the Service for cancellation, it will continue to be active until the end of the current billing cycle. Users will have access to all subscription benefits until the end of the current billing cycle. Partial refunds for canceled subscriptions are not provided. The subscription policy is designed to protect our intellectual property and maintain the quality of the Services. By continuing subscriptions until the end of the billing cycle, subscribers receive the full benefits of their purchase.

15. Severability

If any provision of these Terms of Service is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intention of the parties.

16. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws principles. Any legal actions or proceedings arising out of or relating to these terms shall be brought exclusively in the federal or state courts located in Florida.

17. Equitable Relief

Users acknowledge that a breach of these Terms of Service may cause irreparable harm to the Company, for which monetary damages would not be an adequate remedy. In such cases, the Company shall be entitled to seek equitable relief, including injunctions or specific performance, in addition to any other available remedies.

18. No Waiver or Delay

The failure of the Company to enforce any provision of these Terms of Service shall not be deemed as a waiver of such provision or right. Any waiver of any provision must be in writing and signed by an authorized representative of the Company. The Company's rights and remedies under these terms shall be cumulative and not exclusive.

19. Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, internet outages, or issues from the Company's hosting provider. This provision does not relieve Users' obligation to make all payments due.

20. Entire Agreement

These Terms of Service constitute the entire agreement between the User and the Company regarding the use of the Service, superseding any prior agreements or understandings.