Terms and Conditions
Terms and Conditions for PenZen
Effective Date: 26 March 2025
Welcome to PenZen ("PenZen," "we," "us," or "our"). These Terms and Conditions ("Agreement") govern your access to and use of our website located at [penzen.app] (the "Site") and any related services, tools, or mobile applications (collectively, the "Service"). By accessing or using our Service, you ("User," "you," or "your") agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Service.1. Definitions
- Authorized Target: Any website, domain, IP address, or digital asset that you own, control, or have obtained explicit written permission to scan.
- Unauthorized Target: Any website, domain, IP address, or digital asset for which you do not have explicit written authorization to scan.
- User Content: Any data, information, or materials that you provide or upload in connection with your use of the Service.2. Description of the Service
PenZen is a web-based security scanning platform designed to help you assess vulnerabilities and security risks on Authorized Targets only. By using the Service, you agree that your scans will be limited solely to assets for which you have the right to perform security assessments.3. User Eligibility and Responsibilities
3.1. Eligibility: You represent that you have the legal authority to use the Service and that you are at least 18 years of age or of legal age in your jurisdiction.
3.2. Accurate Information: You agree to provide accurate, current, and complete information during registration and when using the Service.
3.3. Authorized Use: You must ensure that any target you submit for scanning is an Authorized Target. By using PenZen, you affirm that you own the target or have obtained explicit, written authorization from the owner.
3.4. Compliance: You agree to use the Service in full compliance with all applicable local, state, national, and international laws and regulations.4. Permitted Use and Prohibited Activities
4.1. Permitted Use: Use the Service solely for the purpose of assessing security vulnerabilities on Authorized Targets. You are responsible for ensuring that your use of the Service does not harm any third party or interfere with the operation of any network or system.
4.2. Prohibited Activities: You agree not to:
- Use the Service to scan or probe Unauthorized Targets.
- Attempt to circumvent any security, verification, or authentication measures implemented by PenZen.
- Engage in any conduct that disrupts or adversely affects the Service, its security, or its integrity.
- Abuse the Service by exceeding any usage limits or engaging in excessive or malicious scanning activities.5. Immediate Termination
PenZen reserves the right to immediately suspend or terminate your account and access to the Service without prior notice if:
5.1. Unauthorized Scanning: You use the Service to scan any Unauthorized Target.
5.2. Breach of Agreement: You breach any provision of this Agreement.
5.3. Risk to Security or Performance: We reasonably suspect that your activities pose a risk to the security, performance, or reliability of the Service or affect other users or third parties adversely.
Upon termination, you will lose access to your account and any data associated with it. No refunds or compensation will be provided in the event of termination.6. Intellectual Property Rights
6.1. Ownership: All content, trademarks, service marks, logos, and other intellectual property rights in or on the Service are owned by PenZen or its licensors.
6.2. License: PenZen grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with this Agreement.
6.3. Restrictions: You may not copy, reproduce, modify, create derivative works from, distribute, or otherwise exploit any content from the Service without our prior written consent.7. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, PenZen disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose.8. Limitation of Liability
To the maximum extent permitted by law, PenZen and its officers, directors, employees, agents, developers, contractors, licensors, affiliates, and its creator(s) shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Service.You acknowledge and agree that PenZen, its creator(s), and any affiliated developers or service providers shall not be held responsible or liable in any way for any misuse of the Service, including any scanning of Unauthorized Targets. You are solely responsible for ensuring that you have the proper authorization to scan any asset submitted to the Service. PenZen disclaims all liability arising from unauthorized use of the Service by you or any third party.9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. You agree that any dispute arising from or relating to this Agreement or your use of the Service must be brought exclusively in the courts located in Brisbane, Queensland, and you irrevocably submit to the personal jurisdiction of such courts.10. Security Disclaimer and Consequential Loss
PenZen makes no warranties or representations regarding the security, integrity, or availability of the Service or any data processed through it. You acknowledge and agree that no software or system is completely immune to cyber-attacks, data breaches, malware, viruses, or other malicious activity.To the maximum extent permitted by law, PenZen, its creator(s), officers, developers, and affiliates shall not be liable for any losses, interruptions, damages, or claims, including but not limited to, loss of data, unauthorized access, data breaches, or any other consequences arising from or related to cyber events affecting the Service or your systems, networks, or data—except where such loss, damage, interruption, or claim is incurred as a direct result of PenZen’s negligence.Except as expressly stated in this Agreement, PenZen will not be liable to you for any consequential, indirect, incidental, special, or exemplary damages suffered or incurred in connection with or arising out of these Terms and Conditions, whether under common law, tort (including negligence), equity, statute, or otherwise, except where liability cannot be excluded under applicable law.
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