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Terms of Service

Operator: NIYAN LABS LLC (dba PAGENTZ) • Support: [email protected]

Table of Contents

1. Agreement & Definitions
2. Eligibility & Account Registration
3. Your Responsibilities
4. Subscriptions, Trials & Billing
5. Alerts, On-Call & Incident Features
6. Integrations, Webhooks & Third-Party Services
7. Acceptable Use & Prohibited Activities
8. Data, Privacy & Security
9. Customer Content & Data Ownership
10. Feedback
11. Intellectual Property
12. Service Availability & Support
13. Beta Features
14. Suspension & Termination
15. Disclaimers
16. Limitation of Liability
17. Indemnification
18. Governing Law & Venue
19. Changes to These Terms
20. Contact
21. Important Notices

1) Agreement & Definitions

These Terms of Service (“Terms”) govern your access to and use of the PAGENTZ platform, website, mobile apps, APIs, integrations, and related services (collectively, the “Service”), operated by NIYAN LABS LLC (“NIYAN LABS,” “PAGENTZ,” “we,” “us”).

By creating an account, accessing the Service, or clicking “I agree,” you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

“You” means the individual or organization using the Service. “Customer Content” means data you submit to the Service (including alerts, incident notes, asset records, IP data, schedules, logs, integrations data, and configuration). “Workspace” refers to your account and any organization/team spaces within the Service.

2) Eligibility & Account Registration

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Service. You agree to provide accurate account information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

If your workspace includes multiple users, you are responsible for assigning roles and permissions appropriately. Administrators may manage users, billing, integrations, and security settings.

3) Your Responsibilities

• You will use the Service in compliance with applicable laws, regulations, and these Terms.
• You are responsible for configuring alert routes, escalation policies, and on-call schedules correctly.
• You are responsible for the accuracy and legality of Customer Content you provide.
• You will implement appropriate internal controls to ensure alerts and access are reviewed by authorized personnel.

4) Subscriptions, Trials & Billing

PAGENTZ may offer free trials, free tiers, and paid subscriptions. If you start a trial, it may convert to a paid plan unless canceled before the end of the trial period. Paid plans may be billed monthly or annually, as described at purchase.

You authorize us (or our payment processor) to charge your payment method for applicable fees, taxes, and any add-ons you select. Unless otherwise stated, fees are non-refundable and not prorated, except where required by law.

If you exceed plan limits (such as number of users, teams, alert volume, notification channels, storage, or integrations), we may throttle, limit, or require you to upgrade.

5) Alerts, On-Call & Incident Features

PAGENTZ provides tools to ingest alerts (e.g., via email, API, webhooks), route them to teams, notify users, and support incident workflows (acknowledgement, escalation, notes, and resolution tracking). You understand:

• The Service is a workflow and notification tool and does not guarantee that a human will respond to any alert.
• Delivery and timing of notifications may vary due to network conditions, carrier filtering, email provider delays, and third-party outages.
• You are responsible for maintaining correct escalation policies and ensuring on-call schedules reflect real availability.

You should not rely on PAGENTZ as the sole mechanism for life-critical, emergency response, or regulated real-time safety use cases unless a separate written agreement explicitly permits it.

6) Integrations, Webhooks & Third-Party Services

The Service may integrate with third-party tools (e.g., monitoring, logging, ticketing, messaging, telephony, and cloud providers). When you enable an integration, you authorize the Service to access and process data as needed to provide the integration.

Third-party services are not controlled by PAGENTZ, and their availability, performance, and policies may change without notice. We are not responsible for third-party service interruptions, data loss caused by third parties, or changes to third-party APIs.

7) Acceptable Use & Prohibited Activities

You agree not to:

• Use the Service for unlawful, harmful, fraudulent, infringing, or abusive activity.
• Send spam, unsolicited marketing, or unauthorized messages via the Service.
• Attempt to bypass security controls, rate limits, or access data not intended for you.
• Reverse engineer, decompile, or attempt to extract source code except where legally permitted.
• Upload malware or exploit the Service or other users.
• Use the Service to process sensitive personal data without appropriate legal basis and safeguards.

We may suspend or terminate accounts that violate these rules or create security or compliance risk.

8) Data, Privacy & Security

Our Privacy Policy explains what we collect and how we use it. We take reasonable measures to protect Customer Content and account access, including security controls appropriate to the Service.

You are responsible for your own security practices, including strong passwords, MFA where available, role-based access controls, and reviewing users who have access to alerting and integrations.

9) Customer Content & Data Ownership

You retain ownership of Customer Content. You grant PAGENTZ a limited license to host, process, transmit, and display Customer Content only as necessary to provide, maintain, and improve the Service and to comply with law.

You are responsible for obtaining any required consents from your users and recipients for notifications you send using the Service. You represent that Customer Content does not violate any law or third-party rights.

10) Feedback

If you provide feedback, ideas, or suggestions, you grant PAGENTZ a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

11) Intellectual Property

The Service and all related software, designs, text, graphics, logos, and trademarks are owned by PAGENTZ/NIYAN LABS or its licensors. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works of the Service.

12) Service Availability & Support

We aim to keep the Service available, but we do not guarantee uninterrupted operation. We may perform maintenance, upgrades, or changes that may temporarily affect availability. Support channels and response times may vary by plan.

13) Beta Features

Some features may be labeled “beta,” “preview,” or “early access.” Beta features may be modified or discontinued and may be less stable. Beta features are provided “as is” without warranties.

14) Suspension & Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or if your use poses security, legal, or compliance risk. Upon termination, your access will end and we may delete or anonymize data in accordance with our retention policies, unless legally required to retain it.

15) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAGENTZ/NIYAN LABS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAGENTZ/NIYAN LABS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. IN ALL CASES, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PAGENTZ FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS.

17) Indemnification

You agree to indemnify and hold harmless PAGENTZ/NIYAN LABS and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your Customer Content, or your violation of these Terms.

18) Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service shall be brought in the state or federal courts located in San Mateo County, California, and you consent to personal jurisdiction and venue there.

19) Changes to These Terms

We may update these Terms from time to time. If changes are material, we will post the updated Terms and update the “Last Updated” date. Your continued use of the Service after changes become effective constitutes acceptance.

20) Contact

NIYAN LABS LLC (dba PAGENTZ)
2108 N St, Ste N
Sacramento, CA 95816
United States
Email: [email protected]
Website: https://www.pagentz.com

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Important Notices

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