Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of NANOTESTING(the “Service”), operated by Sodasoft LLC, a Wyoming limited liability company with its registered office at 30 N Gould St, Sheridan, Wyoming 82801, United States (“NANOTESTING”, “we”, “us”).

By creating an account, clicking “I agree” on any sign-up form, or using the Service in any other way, you agree to these Terms. If you do not agree do not use the Service.

1. Definitions

• Customer - the legal entity or individual identified in the account profile. If the account is created by an employee or agent of an organisation, the organisation is the Customer and the individual represents and warrants they are authorised to bind the organisation.
• Authorised User- any natural person granted access to the Service under the Customer's account.
• Target - a website, web application, API, GitHub repository, mobile binary, cloud account, or other system the Customer submits to the Service for scanning.
• Customer Content- any data the Customer or its Authorised Users upload to the Service or that the Service ingests from a Target on the Customer's instruction (including without limitation OpenAPI specs, repository clones, mobile binaries, cloud-account credentials, and the findings derived therefrom).
• Documentation - the documentation we publish at nanotesting.com/docs.
• Order - the plan selection screen (Free, Starter, Growth, Agency, Enterprise) plus any add-on (Web3 / smart-contract scanning, additional verified reports) plus any Stripe-recorded billing cadence.

2. Eligibility and account

• You must be at least 18 years old and capable of forming a binding contract under the laws of your jurisdiction.
• You agree to keep your account credentials confidential and accept responsibility for activity that occurs under your account. We use magic-link authentication; if you suspect the email mailbox is compromised, treat the link as revoked and rotate the underlying mailbox.
• You may invite teammates to your organisation. The owner of the organisation remains responsible for the Authorised Users' compliance with these Terms.

3. The Service

Subject to your compliance with these Terms, NANOTESTING grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term and within the limits of your Order. The Service is provided as a hosted SaaS; you do not receive any copy of the underlying software.

3.1 Permissible scans

You represent and warrant that for every Target you submit to the Service you have one of: (i) ownership of the system, (ii) explicit written authorisation from the owner, or (iii) a legally cognisable safe-harbour (bug bounty, security research agreement, public-preview path). Unauthorised testing of third-party systems violates these Terms and the Computer Fraud and Abuse Act, the UK Computer Misuse Act, the EU Network and Information Security Directive, and analogous laws elsewhere. We will cooperate with law enforcement on any confirmed unauthorised use.

Detailed rules of engagement are in the Acceptable Use Policy, which is incorporated by reference.

3.2 Plans, quotas, and changes

Your plan controls the number of verified targets, scans per month, retention period, and add-on availability. Quotas are listed at /pricingand inside the billing console. We may adjust plan features, quotas, and pricing with at least 30 days' prior notice for material adverse changes; if you reject the change you may terminate without penalty before the change takes effect.

3.3 Support response targets

Customer support requests submitted through /settings > Support or emailed directly to support@nanotesting.com are handled on a first-response-time target that varies by plan:

• Free plan: best-effort, typically within two business days (Mon-Fri, EU working hours).
• Starter / Growth / Agency / Verified: human first response within one business day(Mon-Fri, EU working hours). Saturday + Sunday + Sodasoft LLC public holidays do not count toward the clock.
• Enterprise (negotiated): contractual response time per the executed Order Form; typically a written first response within four business hours.

Response targets are first-response targets, not resolution targets. They are an internal goal we aim for and not a warranty; failure to meet a response target does not entitle Customer to a refund, credit, or termination right beyond the cancellation rights elsewhere in these Terms. Security disclosures sent to security@nanotesting.com are triaged separately under the Responsible Disclosure Policy and follow the timelines published there.

4. Fees, billing, and refunds

• Currency. All fees are in US dollars unless otherwise stated.
• Payment. We charge via Stripe. Subscription fees are billed in advance on the cadence selected (monthly or annual). The card on file is automatically charged on each renewal.
• Renewal. Subscriptions renew automatically for the same term until cancelled. You may cancel anytime from the billing console; the cancellation takes effect at the end of the current paid period.
• Refunds. Annual plans are refundable on a pro-rata basis under the conditions in the separate Refund Policy. Monthly plans are non-refundable except where required by mandatory consumer law.
• Taxes. Prices exclude taxes. Where we are required to collect tax (EU VAT, UK VAT, sales tax in the relevant US state, etc.) Stripe will calculate and collect the amount.
• Delinquency. If a payment fails we retry per Stripe defaults. After 14 days of unsuccessful retries we may suspend the account; after 30 days we may terminate. Data is retained per the deletion schedule in the Privacy Policy.

5. Customer Content; data processing

• As between the parties, the Customer retains all rights to Customer Content. NANOTESTING acts as a data processor when handling personal data inside Customer Content; the DPA governs that role.
• The Customer grants NANOTESTING a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, and display Customer Content only as necessary to provide the Service, generate reports, and meet legal obligations.
• We may use aggregated and de-identified data for product improvement, capacity planning, and threat intelligence. De-identified data does not include any identifier that could reasonably be linked to a specific Customer.

6. Intellectual property

• NANOTESTING retains all right, title, and interest in and to the Service, the underlying code, the Documentation, and any feedback you provide. We grant you a royalty-free, worldwide licence to use any reports we generate for your internal business purposes, including disclosure to your auditors and customers in the ordinary course.
• Open-source components shipped with the Service retain their respective licences; an inventory is available on request to legal@nanotesting.com.

7. Confidentiality

Each party (the “Recipient”) may receive confidential information of the other (the “Discloser”). The Recipient agrees to (i) use the same degree of care it uses for its own confidential information, never less than reasonable care; (ii) use the information only for the purpose of these Terms; and (iii) not disclose it except to employees, contractors, advisors, and subprocessors with a need to know bound by equivalent confidentiality. The obligation survives termination for five (5) years, except for trade secrets which remain protected for as long as they qualify as such under applicable law.

8. Warranties and disclaimers

Each party represents and warrants that it has the authority to enter into these Terms.

NANOTESTING warrants that the Service will perform materially in accordance with the Documentation under normal use. As an exclusive remedy for a breach of this warranty we will, at our option, correct the non-conforming Service or refund pre-paid fees attributable to the affected period.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EVERY VULNERABILITY WILL BE DISCOVERED, OR THAT ALL FINDINGS WILL BE FREE OF FALSE POSITIVES OR FALSE NEGATIVES. THE SERVICE IS NOT A SUBSTITUTE FOR A MANUAL PENETRATION TEST OR PROFESSIONAL SECURITY ADVICE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY THE CUSTOMER TO NANOTESTING IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD 100), WHICHEVER IS GREATER.

The above limitations do not apply to (a) breach of confidentiality, (b) infringement of the other party's intellectual-property rights, (c) the indemnification obligations in section 10, (d) payment obligations, or (e) gross negligence, wilful misconduct, or any liability that cannot be limited under applicable law.

10. Indemnification

By Customer. Customer will defend, indemnify, and hold NANOTESTINGharmless from third-party claims arising out of (i) Customer Content, (ii) the Customer's unauthorised testing of a Target, or (iii) violation of the Acceptable Use Policy.

By NANOTESTING.We will defend, indemnify, and hold the Customer harmless from third-party claims that the Service, as provided and as used in accordance with these Terms, infringes that party's intellectual property. Our maximum liability under this indemnity is capped at the same amount stated in section 9.

Indemnification under this section is conditioned on prompt written notice of the claim, sole control of defence and settlement by the indemnifying party (settlement that does not require admission of liability or payment from the indemnified party), and reasonable cooperation from the indemnified party at the indemnifying party's expense.

11. Term and termination

These Terms remain in effect until the Customer cancels the account or we terminate per this section.

Either party may terminate immediately on notice if the other materially breaches these Terms and fails to cure within fourteen (14) days of written notice, or immediately on notice for repeated breach.

On termination, your access to the Service ends. Customer Content is deleted on the schedule in the Privacy Policy. Sections 5 (last paragraph), 6, 7, 8 (last paragraph), 9, 10, 12, 13, and 14 survive termination.

12. Governing law and dispute resolution

These Terms are governed by the laws of the State of Wyoming, United States, without reference to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming for any dispute that is not subject to arbitration.

Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, including questions of arbitrability, will be finally resolved by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules. Arbitration will be held in Denver, Colorado or by video conference; judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or other equitable relief in court for infringement of IP, breach of confidentiality, or any other matter where damages would not be an adequate remedy.

Class-action waiver. Disputes will be resolved on an individual basis. Class arbitration is not permitted.

EU / UK consumers. If you contract with us as a consumer in the EU or UK, mandatory consumer-protection law in your country of residence applies. You may bring proceedings in the courts of that country and the laws of that country apply to non-waivable consumer rights, regardless of the provisions of this section.

13. Export and sanctions compliance

You represent that you are not located in, or under the control of, a person in a country subject to comprehensive US, UK, or EU sanctions, that you are not on the US Treasury OFAC Specially Designated Nationals list, the UK Consolidated List, or the EU Consolidated Financial Sanctions List, and that you will not use the Service in violation of applicable export controls.

14. Miscellaneous

• Entire agreement. These Terms (together with the DPA, AUP, Privacy Policy, Cookie Policy, Refund Policy, and any Order) constitute the entire agreement between the parties and supersede prior agreements on the same subject.
• Notices. Notices to NANOTESTING must be sent to legal@nanotesting.com with a paper copy to the address at the top of this page. Notices to the Customer go to the email on file plus an in-app banner where applicable.
• Assignment.Neither party may assign these Terms without the other party's prior written consent, except that either party may assign without consent to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
• Force majeure. Neither party is liable for delay or non-performance to the extent caused by events beyond its reasonable control (acts of God, war, terrorism, government action, pandemic, internet outage, denial-of- service attacks against the upstream cloud provider).
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment.
• Severability. If any provision is held unenforceable the remainder remains in force.
• Waiver. A waiver of any term must be in writing and signed by the waiving party.

15. Contact

Questions about these Terms: legal@nanotesting.com.