Terms of Service

1. Acceptance of Terms

Welcome to Advanced IP Scanner. By downloading, installing, accessing, or using our network scanning software and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you (either an individual or an entity) and Netzwerkdiagnostik GmbH ("Company," "we," "us," or "our").

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

1.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Service. By using the Service, you represent and warrant that you meet these eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.2 Account Registration

Certain features of the Service may require you to register for an account. When you register, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

2. License Grant and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Advanced IP Scanner software on devices that you own or control, solely for your personal or internal business purposes.

2.1 Permitted Uses

You may use Advanced IP Scanner to:

• Scan and analyze network devices on networks that you own, manage, or have explicit authorization to scan
• Monitor network performance and security within your authorized network infrastructure
• Generate reports and documentation for network administration purposes
• Integrate the software with other authorized network management tools
• Use the software for educational and training purposes within your organization

2.2 Prohibited Uses

You expressly agree NOT to:

• Use the Service to scan, probe, or access networks, systems, or devices without proper authorization
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the software
• Modify, adapt, translate, or create derivative works based on the Service
• Remove, alter, or obscure any proprietary notices on the software
• Rent, lease, lend, sell, sublicense, or distribute the Service to third parties
• Use the Service for any illegal, harmful, or malicious purposes
• Circumvent or disable any security features or technological protection measures
• Use the Service to develop competing products or services
• Interfere with or disrupt the integrity or performance of the Service

3. Intellectual Property Rights

The Service, including all software, documentation, content, trademarks, service marks, logos, and all intellectual property rights therein, is and will remain the exclusive property of Netzwerkdiagnostik GmbH and its licensors. These Terms do not grant you any rights to our trademarks, service marks, or logos.

3.1 Copyright Protection

All content included in or made available through the Service, such as text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the property of Netzwerkdiagnostik GmbH or its content suppliers and is protected by international copyright laws. The compilation of all content on the Service is our exclusive property and is protected by international copyright laws.

3.2 Trademark Rights

Advanced IP Scanner and all related logos, product and service names, designs, and slogans are trademarks of Netzwerkdiagnostik GmbH. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

3.3 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.

4. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

4.1 Data Collection

Advanced IP Scanner may collect various types of information, including:

• Network device information discovered during scans (IP addresses, MAC addresses, device names)
• Usage statistics and performance metrics
• Error reports and diagnostic information
• Account information and preferences
• Technical information about your device and operating system

4.2 Data Security

We implement industry-standard security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

4.3 Data Retention

We retain your information for as long as necessary to provide the Service and fulfill the purposes outlined in our Privacy Policy. When your information is no longer needed, we will securely delete or anonymize it in accordance with applicable data protection laws.

5. Service Availability and Modifications

We strive to provide reliable and continuous access to the Service, but we do not guarantee that the Service will be available at all times or that it will be error-free. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

5.1 Maintenance and Updates

We may perform scheduled or emergency maintenance that may temporarily interrupt your access to the Service. We will make reasonable efforts to notify you in advance of scheduled maintenance. We may also release updates, patches, or new versions of the software, which may be automatically downloaded and installed on your device.

5.2 Service Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

5.3 Third-Party Services

The Service may integrate with or provide links to third-party services, websites, or resources. We are not responsible for the availability, content, or practices of such third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

6. Payment Terms and Subscriptions

Certain features of Advanced IP Scanner may require payment of fees. All fees are stated in Euros (EUR) unless otherwise specified. By purchasing a subscription or paid feature, you agree to pay all applicable fees as described at the time of purchase.

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified). You authorize us to charge your payment method for all fees associated with your subscription.

6.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. We will charge your payment method on file for the renewal. You can cancel your subscription at any time through your account settings or by contacting our support team.

6.3 Refund Policy

We offer a 30-day money-back guarantee for new subscriptions. If you are not satisfied with the Service within the first 30 days of your initial subscription, you may request a full refund. Refunds for subsequent renewals are handled on a case-by-case basis at our discretion. To request a refund, please contact our support team with your order details.

6.4 Price Changes

We reserve the right to change our pricing at any time. If we increase the price of your subscription, we will notify you at least 30 days before the change takes effect. Your continued use of the Service after the price change constitutes your acceptance of the new price.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETZWERKDIAGNOSTIK GMBH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS 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:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Network scanning activities conducted using the Service
• Any errors, mistakes, or inaccuracies in the Service
• Personal injury or property damage resulting from your use of the Service
• Any interruption or cessation of transmission to or from the Service

7.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

7.2 Network Scanning Disclaimer

You acknowledge that network scanning activities may have unintended consequences, including but not limited to network disruption, device malfunction, or triggering security alerts. You assume all risks associated with using the Service for network scanning and agree to use it responsibly and in compliance with all applicable laws.

8. Indemnification

You agree to defend, indemnify, and hold harmless Netzwerkdiagnostik GmbH, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of a third party, including intellectual property rights
• Any unauthorized network scanning or access conducted using the Service
• Any content you submit, post, or transmit through the Service
• Your breach of any representation or warranty contained in these Terms

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your use of the Service.

9. Termination

These Terms remain in effect until terminated by either you or us. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms.

9.1 Termination by You

You may terminate these Terms at any time by discontinuing your use of the Service and uninstalling the software from all devices. If you have a paid subscription, you may cancel it through your account settings. Cancellation will take effect at the end of your current billing period.

9.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately if:

• You breach any provision of these Terms
• We are required to do so by law or legal process
• We believe your actions may cause legal liability for us or other users
• Your account has been inactive for an extended period
• We decide to discontinue the Service or any part thereof

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability. We are not obligated to retain any of your data after termination.

10. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Vienna, Austria.

10.1 Informal Resolution

Before filing a formal legal claim, you agree to first contact us and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or we may bring a formal proceeding.

10.2 Arbitration Agreement

For disputes that cannot be resolved informally, you and we agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted by a single arbitrator in accordance with the rules of the Vienna International Arbitral Centre (VIAC).

10.3 Class Action Waiver

You and we agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you nor we may participate in a class action or class-wide arbitration for any claims covered by these Terms.

11. Export Compliance

The Service may be subject to export control laws and regulations of Austria, the European Union, and other jurisdictions. You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

11.1 Export Restrictions

You represent and warrant that:

• You are not located in a country that is subject to a European Union or Austrian government embargo
• You are not listed on any European Union or Austrian government list of prohibited or restricted parties
• You will not use the Service for any purposes prohibited by applicable export control laws
• You will not export, re-export, or transfer the Service to any prohibited destination, entity, or person without proper authorization

11.2 Compliance Obligations

You are solely responsible for ensuring that your use of the Service complies with all applicable export control laws and regulations. We reserve the right to suspend or terminate your access to the Service if we believe you are in violation of any export control laws.

12. Miscellaneous Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written.

12.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely matches the intent of the original provision.

12.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms or our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

12.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.6 Notices

All notices, requests, and other communications under these Terms must be in writing and will be deemed to have been duly given when received if personally delivered, when receipt is electronically confirmed if transmitted by email, or three days after being sent by certified or registered mail, return receipt requested, postage prepaid.

12.7 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.

12.8 Headings

The headings and subheadings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

13. Updates to Terms of Service

We reserve the right to modify or update these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also notify you of significant changes through email or a prominent notice on our website.

13.1 Notification of Changes

For material changes to these Terms, we will provide at least 30 days' notice before the new terms take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

13.2 Review Responsibility

It is your responsibility to review these Terms periodically for any changes. We recommend checking this page regularly to stay informed about any updates. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.