Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and SuperNMS, Inc. ("SuperNMS," "we," "us," or "our") regarding your use of our network monitoring services and related software, applications, and websites (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, and "you" refers to such entity.

2. Description of Services

SuperNMS provides cloud-based and on-premises network monitoring solutions that enable organizations to monitor, analyze, and manage their network infrastructure. Our Services include:

• Network device monitoring and alerting
• SNMP, TCP, and ICMP monitoring capabilities
• Custom sensor and threshold configuration
• Real-time dashboards and reporting
• Historical data analysis and trending
• API access and integrations
• Technical support and customer service

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

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must create an account by providing accurate, complete, and current information. You agree to update your information to keep it accurate and current.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Using strong passwords and enabling two-factor authentication when available

3.3 Account Suspension

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or pose a security risk to our Services or other customers.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to monitor networks or systems you do not own or have explicit permission to monitor
• Attempt to gain unauthorized access to our Services, systems, or other customers' data
• Use the Services for any illegal activity or to violate any applicable laws or regulations
• Interfere with or disrupt the integrity or performance of our Services
• Reverse engineer, decompile, or attempt to extract source code from our Services
• Share your account credentials or allow unauthorized access to your account
• Use the Services to transmit malware, viruses, or other harmful code
• Violate the intellectual property rights of SuperNMS or third parties

5. Data and Privacy

5.1 Customer Data

You retain ownership of all data, content, and information you provide to or generate through our Services ("Customer Data"). We will only access Customer Data as necessary to provide the Services or as authorized by you.

5.2 Data Security

We implement industry-standard security measures to protect Customer Data, including encryption, access controls, and regular security assessments. However, you acknowledge that no system is completely secure.

5.3 Data Processing

By using our Services, you agree that we may process Customer Data in accordance with our Privacy Policy and applicable data protection laws.

5.4 Data Backup and Retention

You are responsible for maintaining backups of your important data. We will retain Customer Data according to your subscription plan and applicable legal requirements.

6. Subscription and Billing

6.1 Subscription Plans

Our Services are offered through various subscription plans with different features and pricing. Current pricing is available on our website and may be updated from time to time.

6.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your chosen payment method for all applicable fees
• If payment fails, we may suspend your access to the Services

6.3 Price Changes

We may change our pricing with 30 days' written notice. Price changes will take effect at the start of your next billing cycle.

6.4 Taxes

All fees are exclusive of applicable taxes, duties, and assessments, which you are responsible for paying.

7. Service Level Agreement (SLA)

7.1 Uptime Commitment

We strive to maintain 99.9% uptime for our cloud-based Services, calculated monthly excluding scheduled maintenance.

7.2 Scheduled Maintenance

We may perform scheduled maintenance with reasonable advance notice. We will minimize disruption and typically schedule maintenance during off-peak hours.

7.3 Service Credits

If we fail to meet our uptime commitment, you may be eligible for service credits as outlined in our SLA documentation available upon request.

8. Intellectual Property

8.1 SuperNMS Rights

SuperNMS retains all rights, title, and interest in and to the Services, including all intellectual property rights. The Services are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services may be used by SuperNMS without restriction or compensation.

9. Termination

9.1 Termination by You

You may terminate your subscription at any time through your account settings or by contacting our support team. Termination will be effective at the end of your current billing period.

9.2 Termination by SuperNMS

We may terminate your access to the Services immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay applicable fees
• Engage in fraudulent or illegal activity
• Pose a security risk to our Services or other customers

9.3 Effect of Termination

Upon termination:

• Your access to the Services will cease
• We may delete your Customer Data after a reasonable retention period
• You remain liable for all fees incurred up to the termination date
• Provisions that should survive termination will continue to apply

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERNMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO SUPERNMS IN THE 12 MONTHS PRECEDING THE CLAIM.

10.3 Force Majeure

SuperNMS shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, government actions, or internet service provider failures.

11. Indemnification

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

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Any Customer Data you provide or generate through the Services
• Any third-party claims related to your use of the Services

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

12.2 Dispute Resolution Process

Any disputes arising from these Terms or your use of the Services shall be resolved through the following process:

1. Informal Resolution: First, contact our support team to attempt informal resolution
2. Mediation: If informal resolution fails, disputes shall be submitted to mediation
3. Arbitration: If mediation fails, disputes shall be resolved through binding arbitration

12.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and SuperNMS individually. You waive any right to participate in class actions or class-wide arbitration.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SuperNMS regarding the Services.

13.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified to customers with reasonable advance notice.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

13.4 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

13.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have any questions about these Terms, please contact us: