Terms and conditions

1. Acceptance of Terms

By accessing or using pTrackly's compliance automation platform and related services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms apply to all users of the Services, including organizations and their authorized users. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

pTrackly provides a compliance automation platform that helps organizations:

• Automate compliance workflows for frameworks including ISO 27001, SOC 2, HIPAA, GDPR, PCI-DSS, and ISO 42001

• Manage evidence collection and documentation

• Track compliance controls and requirements

• Generate audit-ready reports

• Integrate with third-party tools and services

• Access expert-led penetration testing services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

3. Account Registration

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration

• Maintain and promptly update your account information

• Keep your password secure and confidential

• Accept responsibility for all activities under your account

• Notify us immediately of any unauthorized access or use

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any laws

• Attempt to gain unauthorized access to any systems or networks

• Interfere with or disrupt the integrity or performance of the Services

• Upload malicious code, viruses, or harmful content

• Reverse engineer, decompile, or disassemble the Services

• Use the Services to transmit spam or unsolicited communications

• Resell, sublicense, or redistribute the Services without authorization

• Use the Services in a manner that could damage our reputation or goodwill

5. Intellectual Property

5.1 Our Property: pTrackly and its licensors retain all rights, title, and interest in the Services, including all software, content, trademarks, and intellectual property.

5.2 Your Content: You retain ownership of data and content you upload to the Services ("Your Content"). You grant us a limited license to use Your Content solely to provide the Services.

5.3 Feedback: Any feedback, suggestions, or ideas you provide about the Services may be used by us without obligation to you.

5.4 Restrictions: You may not copy, modify, create derivative works, or use our intellectual property except as expressly permitted.

6. Data Protection

6.1 Your Data: You are responsible for the accuracy, quality, and legality of Your Content and the means by which you acquired it.

6.2 Our Responsibilities: We will maintain appropriate technical and organizational measures to protect Your Content as described in our Privacy Policy.

6.3 Data Processing: For users subject to GDPR, we act as a data processor for Your Content. A Data Processing Agreement is available upon request.

6.4 Data Export: You may export Your Content at any time through the platform or by contacting support.

7. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party. This includes:

• Business plans, strategies, and financial information

• Technical data, product plans, and proprietary processes

• Customer lists and personal data

Confidential information shall not be disclosed to third parties without prior written consent, except as required by law.

8. Warranties and Disclaimers

8.1 Our Warranty: We warrant that the Services will perform substantially as described in our documentation.

8.2 Disclaimer: EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.3 No Guarantee: We do not guarantee that the Services will meet all your requirements, be uninterrupted, timely, secure, or error-free.

8.4 Compliance Disclaimer: While our Services assist with compliance efforts, we do not guarantee certification or compliance with any framework. Achieving compliance depends on your organization's implementation and practices.

9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PTRACKLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9.2 OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICES THAT GAVE RISE TO THE CLAIM.

9.3 These limitations apply regardless of the legal theory upon which damages may be claimed.

10. Indemnification

You agree to indemnify, defend, and hold harmless pTrackly and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services

• Your violation of these Terms

• Your violation of any rights of another party

• Your Content uploaded to the Services

11. Term and Termination

11.1 Term: These Terms remain in effect while you use the Services.

11.2 Termination by You: You may discontinue use of the Services at any time by contacting support.

11.3 Termination by Us: We may suspend or terminate your access for violation of these Terms or for any other reason with 30 days' notice (or immediately for material breaches).

11.4 Effect of Termination: Upon termination, your right to use the Services ceases. You may export Your Content for 30 days after termination. Sections that by their nature should survive will remain in effect.

12. Governing Law

These Terms are governed by the laws of Italy, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Trieste, Italy.

For users in the European Union, nothing in these Terms affects your statutory rights as a consumer under applicable EU law.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes at least 30 days before they take effect. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Services before the changes take effect.

14. General Provisions

14.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and pTrackly.

14.2 Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.

14.3 Waiver: Our failure to enforce any right does not waive our ability to enforce it later.

14.4 Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations to any affiliate or successor.

14.5 Force Majeure: Neither party is liable for delays or failures due to circumstances beyond reasonable control.

15. Contact Information

For questions about these Terms, please contact us:

• Email: [email protected]

• Phone: +84 33 460 1011

• Address: No. 4, Via Guido Zanetti, Trieste, Italy