Terms of Service
Last updated on May 01, 2024

Gist: Use the site as intended and don't blame us for things that aren't our fault and we'll get along just fine.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

2. Your Kwanlabs account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Kwanlabs ([email protected]) of any unauthorized uses of your account or any other breaches of security. Kwanlabs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

3. Minimum Age Requirements

Our Services are not directed to children. If you register as a user or otherwise use our Services, you represent that you are at least 18 and that you can legally form a binding contract with us.

4. Payment, renewals and cancelations

Payment

Paying customers are billed automatically via credit card or PayPal depending on their preference. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant on Record for all our orders. Paddle provides all customer service inquiries and handles returns. All final fees are inclusive of all taxes, levies, or duties imposed by taxing authorities. Paddle.com will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities. See Paddle’s Terms of Use (https://www.paddle.com/legal/terms) for details. Fees paid hereunder are non-refundable

Automatic Renewal

Your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

Cancelations

If you cancel the service before the end of your current paid up period, your cancellation will take effect at the end of the current billing cycle, and you will not be charged again. Your service will then be downgraded to the free/Beginner plan. You are solely responsible for properly canceling your account. An email to cancel your account is not considered cancellation. Help on cancelations is provided in the Account/Billing section of the site's dashboard.

Money back guarantee

The 30 day money back guarantee is only valid for the first month of initial use of the service. If you are not satisfied with the service and would like to avail of this, send an email to [email protected].

5. Changes

Kwanlabs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kwanlabs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

6. Termination

Kwanlabs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Kwanlabs.com account (if you have one), you may simply discontinue using the Website. If you wish to permanently delete your Kwanlabs.com account, contact Kwanlabs ([email protected]).

7. Disclaimer of Warranties

The Website is provided "as is". Kwanlabs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kwanlabs nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

8. Limitation of Liability

In no event will Kwanlabs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kwanlabs under this agreement during the twelve (12) month period prior to the cause of action. Kwanlabs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Kwanlabs.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

10. Indemnification

You agree to indemnify and hold harmless Kwanlabs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

11. Services (application tests)

Services provided in the form of vulnerability tests are not full penetration tests and should not be used as such.

12. Miscellaneous

This Agreement constitutes the entire agreement between Kwanlabs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kwanlabs, or by the posting by Kwanlabs of a revised version. This Contract shall be governed by Irish Law and the parties hereby submit to the jurisdiction of the Irish Courts.

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