Terms & Conditions

1. Account Registration and Security

To access the core features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account details updated.

You are solely responsible for safeguarding the password and credentials used to access your account. You agree not to disclose your password to any third party and to notify us immediately of any unauthorized use of your account. You are strictly responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities.

2. Intellectual Property Rights

2.1 Penarc’s Property:The Service, including its original content, features, functionality, software code, algorithms, and design, is owned by Penarc and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our explicit written consent.

2.2 Your Data and Submissions:Any vulnerability data, client information, reports, or other materials you upload, create, or process via the Service (“User Data”) remains entirely yours. By submitting User Data, you grant Penarc a worldwide, royalty-free, limited license to host, store, process, and transmit such data strictly for the purpose of providing, maintaining, and improving the Service.

3. Acceptable Use Policy

You agree to use the Service only for lawful, internal business purposes related to vulnerability assessment and penetration test management. You strictly agree not to:

• Reverse engineer, decompile, or disassemble any part of the Service.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our underlying infrastructure.
• Use the Service to store or transmit malicious code, malware, or illegal content.
• Scrape, crawl, or utilize automated scripts to extract data from the Service.
• Interfere with or disrupt the integrity, performance, or security of the Service.
• Resell, sublicense, or offer the Service on a timeshare or service bureau basis to third parties (unless explicitly permitted via a separate partner agreement).

4. Third-Party Integrations

The Service may interact with or contain links to third-party tools, applications, and websites (e.g., Jira, external vulnerability scanners). These integrations are provided for your convenience. Penarc does not control, endorse, or assume responsibility for the content, privacy policies, security, or practices of any third-party platforms. Your use of such third-party services is governed by their respective terms and conditions.

5. AI Generation and Output Responsibility

Penarc provides AI-assisted tools to help generate vulnerability descriptions, remediation steps, and reporting content. While we strive for high quality, AI-generated content is provided as a drafting aid, not as definitive security or legal advice. You acknowledge that AI outputs may occasionally contain errors or inaccuracies. You are solely responsible for reviewing, verifying, editing, and approving all AI-generated content before delivering it to your clients or relying upon it for security decisions. Penarc disclaims any liability for damages resulting from unverified AI outputs.

6. Subscription, Fees, and Commercial Terms

If you are accessing a free trial of the Service, Penarc reserves the right to terminate or modify the trial at any time in our sole discretion.

For paid subscriptions, your use of the Service is subject to the fees, billing cycles, and specific commercial terms outlined in your respective Order Form or Master Services Agreement (MSA). In the event of a conflict between these Terms and your MSA, the terms of the MSA shall prevail.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

Upon termination, your right to use the Service will immediately cease. We will make reasonable efforts to allow you to export your User Data prior to account deletion, except in cases where your account was terminated for illegal activity or severe security violations.

8. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. Penarc expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Penarc, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use, or alteration of your transmissions or data.

In no event shall Penarc's total liability exceed the amount you paid to Penarc for the Service in the twelve (12) months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Penarc and its licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Service; (b) a breach of these Terms; or (c) your User Data infringing upon the rights of any third party.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be settled through binding arbitration in Dehradun, Uttarakhand, or in the competent courts of that jurisdiction. You and Penarc agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis and not in a class, consolidated, or representative action.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us at:
Email: info@penarc.ai
Website: https://penarc.ai/contact