These Terms of Service govern your access to and use of the PagentZ platform. By creating an account or using our Services, you agree to be bound by these terms.
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Customer”) and NIYAN LABS LLC (“PagentZ,” “we,” “us,” or “our”), governing your access to and use of the PagentZ platform, websites, applications, APIs, and related services (collectively, the “Services”).
By creating an account, accessing, or using any part of the Services, you agree to be bound by these Terms. If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you must not access or use the Services.
Eligibility: You must be at least 16 years of age and have the legal capacity to enter into a binding agreement. The Services are intended for business use.
Account Information: You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.
Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at support@pagentz.com if you suspect unauthorized access.
Organization Accounts: If you create an Organization, you are the administrator and are responsible for managing Authorized Users, permissions, and compliance with these Terms within your Organization.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription period.
The Services include:
You agree not to use the Services to:
We reserve the right to suspend or terminate access for violations of this policy.
Plans: The Services are offered under multiple subscription tiers (Free, Plus, Premium, and Enterprise) as described on our pricing page. Features, usage limits, and support levels vary by plan.
Billing Cycle: Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selection. All fees are quoted in U.S. dollars unless otherwise stated.
Payment: You authorize us (or our payment processor) to charge your selected payment method for all applicable fees. You are responsible for providing a valid payment method and keeping it current.
Price Changes: We may change pricing with at least 30 days’ advance notice. Price changes take effect at the start of your next billing cycle following the notice period.
Taxes: Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes based on our net income.
Refunds: Fees are non-refundable except as required by law or as expressly stated in an Enterprise agreement. If you cancel a paid subscription, you retain access through the end of the current billing period.
We may offer a free tier or trial periods at our discretion. Free tiers and trials may have limited features, usage caps, or time restrictions.
We reserve the right to modify, limit, or discontinue free tiers or trials at any time without prior notice. Free tiers and trials are provided “as is” without warranty or SLA commitments.
Data created during a trial may be retained when you upgrade to a paid plan, or deleted if you do not convert within 30 days of trial expiration.
Our Rights: The Services, including all software, designs, text, graphics, interfaces, trademarks, logos, and documentation, are owned by NIYAN LABS LLC or its licensors and are protected by intellectual property laws. “PagentZ,” “PAGENTZ,” and the PagentZ logo are trademarks of NIYAN LABS LLC.
License Restrictions: Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Services.
Feedback: If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Services without obligation to you.
Ownership: You retain all rights to your Customer Data. We do not claim ownership of any data you submit to the Services.
License to Us: You grant us a limited license to host, store, process, and display your Customer Data solely to provide and improve the Services. This license terminates when you delete your data or close your account.
Data Protection: We process personal data in accordance with our Privacy Policy. For Enterprise customers, we may enter into a Data Processing Agreement (DPA) upon request.
Data Portability: You may export your Customer Data at any time through the Services or by contacting support. Upon account termination, we will make your data available for export for 30 days, after which it may be permanently deleted.
Backups: While we maintain regular backups, you are responsible for maintaining your own copies of critical data. We are not liable for loss of Customer Data except where caused by our gross negligence.
The Services allow you to connect with third-party tools and services, including but not limited to Slack, Datadog, Grafana, UptimeRobot, Prometheus, AWS CloudWatch, Pingdom, New Relic, and Twilio.
Your Responsibility: Your use of third-party integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the availability, accuracy, or practices of third-party services.
Webhook Integrations: When you configure webhook integrations, you are responsible for securing the generated API keys and webhook URLs. Treat API keys as sensitive credentials. We are not liable for unauthorized access resulting from shared or compromised API keys.
Data Sharing: When you enable an integration, you authorize us to exchange data with the connected third-party service as necessary to provide the integration functionality.
Uptime Goal: We strive to maintain 99.9% uptime for the Services, measured on a monthly basis, excluding scheduled maintenance windows.
Scheduled Maintenance: We will provide reasonable advance notice of scheduled maintenance that may affect availability. Where possible, maintenance is performed during off-peak hours (weekdays, 2:00 AM – 6:00 AM Pacific Time).
SLA Credits: Enterprise plan customers may be eligible for service credits as defined in their Enterprise agreement. Free, Plus, and Premium plans do not include SLA credits.
Force Majeure: We are not liable for downtime caused by events beyond our reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.
Status Page: Current service status and incident history are available at our status page.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless NIYAN LABS LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
By You: You may cancel your subscription or delete your account at any time through the Services or by contacting support@pagentz.com. Cancellation takes effect at the end of your current billing period.
By Us: We may suspend or terminate your access if:
Effect of Termination: Upon termination, your right to access the Services immediately ceases. We will make your Customer Data available for export for 30 days following termination, after which it may be permanently deleted. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) shall continue in effect.
We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance via email or in-app notification. Non-material changes (such as clarifications or formatting updates) may take effect immediately upon posting.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance. If you do not agree to updated Terms, you must stop using the Services before the changes take effect.
The “Last Updated” date at the top of this page indicates when these Terms were last revised.
Governing Law: These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
Venue: Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in San Mateo County, California. You consent to the personal jurisdiction of such courts.
Informal Resolution: Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at support@pagentz.com. We will attempt to resolve the dispute within 30 days.
Class Action Waiver: To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action.
NIYAN LABS LLC (dba PagentZ)
2108 N St, Ste N
Sacramento, CA 95816
United States
Support Office:
601 Jefferson Avenue
Redwood City, CA 94063
United States
Email: support@pagentz.com
Phone: (650) 555-0123
Support hours: Monday – Friday, 9:00 AM – 6:00 PM Pacific Time (excluding U.S. federal holidays)
Please read the full Terms of Service above, then confirm your acknowledgement below.
Summary of Key Points
For full details, review the complete Terms above. Related documents: Privacy Policy, SMS Consent.
Thank you for reviewing our Terms of Service. You may now continue using PagentZ.