Terms of service

These Terms of Service (the «Terms») form a binding agreement between you («you», «Customer») and DIGITAL NETWORK SYSTEMS, TOO («DigitalNS», «we», «us»), a limited liability partnership identified by DUNS number 373896210.

By creating an account, placing an order, or otherwise using the website or the platform, you accept these Terms. If you are accepting on behalf of an organisation, you confirm that you have authority to bind that organisation, and «you» means that organisation.

If you do not agree to these Terms, do not use the service. Negotiated order forms, statements of work or enterprise agreements signed by both parties take precedence over these Terms where they conflict.

DigitalNS provides a network operations platform. Depending on your plan it may include:

• Monitoring and inventory — discovery and status tracking of devices, interfaces and services in your network.
• Maintenance planning — scheduling of maintenance windows based on load, and automated workflow execution.
• Alerts and reports — configurable alerting rules, notification delivery and scheduled reporting.
• Analytics — dashboards summarising activity and performance across your network.

We may add, modify or retire individual features. We will not materially degrade the core functionality of a paid plan during a committed subscription term without giving you at least 30 days’ notice and, where the change is materially adverse, the option to terminate and receive a pro-rata refund.

You must provide accurate registration information and keep it up to date. You are responsible for all activity under your account, including the acts and omissions of your users.

• Keep credentials and API keys confidential; do not share them.
• Enable multi-factor authentication for administrative users where the plan supports it.
• Notify us at [email protected] promptly if you suspect unauthorised access.
• Ensure you are entitled to connect the infrastructure you monitor and to submit its data to us.

We may suspend an account immediately where we reasonably believe it is compromised or is being used to harm the platform or third parties.

You agree not to, and not to permit anyone to:

• scan, probe, monitor or test networks, hosts or systems you do not own or are not explicitly authorised to assess;
• use the service to launch or facilitate denial-of-service attacks, intrusion attempts, credential harvesting, malware distribution or unsolicited bulk messaging;
• reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is unenforceable by law;
• circumvent rate limits, quotas, authentication or other technical controls;
• resell, sublicense or provide the service to third parties as a standalone offering without our written consent;
• upload unlawful content, infringe intellectual property rights, or violate applicable export control or sanctions rules;
• interfere with the integrity, performance or availability of the service or the data of other customers.

We may investigate suspected violations and suspend or terminate access for material or repeated breaches. Where practicable, we notify you first and give you an opportunity to remedy.

Paid plans are billed in advance on the cycle stated at purchase (monthly or annual) unless an order form provides otherwise. Fees are non-refundable except as expressly stated in these Terms or required by law.

• Renewal — subscriptions renew automatically for successive terms of the same length unless cancelled before the end of the current term.
• Price changes — we may change prices with at least 30 days’ notice, effective from your next renewal.
• Overages — usage above your plan limits is billed at the published overage rate for the relevant period.
• Late payment — invoices are due within 14 days. We may suspend the service after 14 days’ written notice of non-payment.
• Taxes — fees exclude VAT and other applicable taxes, which you are responsible for unless you provide a valid exemption certificate.

You retain all rights in the data you submit to the service («Customer Data»). You grant us a limited, worldwide, non-exclusive licence to host, process, transmit and display Customer Data solely to operate, secure and support the service and to comply with the law.

Where Customer Data contains personal data, we act as your processor and our Privacy Policy and data processing agreement apply. You are responsible for having a lawful basis to send us that data and for the accuracy of the data you submit.

We may generate aggregated, de-identified statistics that cannot reasonably be linked to you or any individual, and use them to operate and improve the service. We own the platform, its software, documentation, trademarks and all derivative improvements. No rights are granted other than the express licence to use the service in these Terms.

We aim for high availability and operate the platform on redundant infrastructure. Uptime commitments, service credits and response targets, where offered, are set out in the service level agreement applicable to your plan.

• Planned maintenance — announced in advance and scheduled to minimise disruption wherever possible.
• Emergency maintenance — may be performed without notice where required to protect security or integrity.
• Support — security incidents are handled 24/7. Other requests are answered during business hours via [email protected].

Free, trial, beta and preview features are provided «as is» without availability commitments and may be changed or withdrawn at any time.

The service may interoperate with third-party systems, integrations and notification channels that you choose to enable. Those services are governed by their own terms, and we are not responsible for their availability, content or practices. Enabling an integration authorises us to exchange the data necessary for it to function.

We warrant that we will provide the service with reasonable skill and care and in a manner consistent with generally accepted industry standards.

Except as expressly stated, and to the maximum extent permitted by law, the service is provided without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that it will detect every fault, intrusion or anomaly in your network. The service supports, but does not replace, your own operational and security controls.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill, business opportunity or data, however caused and under any theory of liability.

Each party’s total aggregate liability arising out of or relating to these Terms is limited to the total fees paid or payable by you to us in the twelve months immediately preceding the event giving rise to the claim. Where no fees have been paid, aggregate liability is limited to EUR 100.

These limitations do not apply to your obligation to pay fees, to either party’s liability for breach of confidentiality obligations, or to liability that cannot lawfully be limited.

You will defend and indemnify us against third-party claims, and resulting damages and reasonable legal costs, arising from your Customer Data, your use of the service in breach of these Terms, or your monitoring of infrastructure you were not authorised to monitor. We will defend and indemnify you against third-party claims that the service, as provided by us and used in accordance with these Terms, infringes that party’s intellectual property rights. The indemnified party must give prompt notice, allow the indemnifying party to control the defence, and provide reasonable cooperation.

These Terms apply for as long as you use the service. Either party may terminate a subscription for convenience effective at the end of the current term, or immediately for material breach that remains unremedied 30 days after written notice.

• On termination your right to use the service ends and outstanding fees become due.
• You may export Customer Data at any time during the subscription and for 30 days afterwards.
• We delete or irreversibly anonymise Customer Data in line with the retention periods in our Privacy Policy.
• Provisions on fees, intellectual property, confidentiality, disclaimers, liability, indemnity and governing law survive termination.

We may amend these Terms to reflect changes to the service or to legal requirements. The revision date is shown at the top of this page. For material changes we give at least 30 days’ notice by email or an in-product notice. If a material change is unacceptable to you, you may terminate before it takes effect and receive a pro-rata refund of prepaid, unused fees. Continued use after the effective date constitutes acceptance.

These Terms are governed by the laws of the Republic of Kazakhstan, without regard to conflict-of-law rules. Mandatory consumer protection rights available to you under the law of your country of residence are not affected.

The parties will attempt in good faith to resolve any dispute by negotiation within 30 days of written notice. Disputes that remain unresolved are subject to the exclusive jurisdiction of the competent courts at our registered seat, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

These Terms, together with any order form and our Privacy Policy, constitute the entire agreement between the parties on this subject and supersede prior discussions. If a provision is held unenforceable, it is modified to the minimum extent necessary and the remainder stays in force. Failure to enforce a provision is not a waiver of it.

You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, reorganisation or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to us should be sent to [email protected]; notices to you are sent to the email address on your account.

Operator: DIGITAL NETWORK SYSTEMS, TOO, DUNS 373896210. Commercial enquiries: [email protected].