These Terms of Use (“Terms”) govern your access to and use of the website, downloadable application, and related services made available under the name Nemezida Tracker (collectively, the “Service”), operated by 4K-Soft LTD. (“Company”, “we”, “us”, or “our”).

By accessing or using the Service, creating an account, downloading the application, or otherwise interacting with the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Eligibility

You may use the Service only if:

• you have the legal capacity to enter into a binding agreement;
• you are at least 18 years old, or the minimum legal age required in your jurisdiction to use the Service lawfully;
• your use of the Service does not violate any applicable law, regulation, or contractual restriction.

If you use the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. Scope of the Service

Nemezida Tracker is a service that may allow users to create accounts, download an application, and use the Service to monitor or track the operational status, functionality, availability, or related performance information of the application and associated systems.

We may, at our sole discretion and without liability, modify, suspend, restrict, discontinue, or remove any part of the Service, including any feature, functionality, content, availability, or technical capability, at any time and for any reason.

We do not guarantee that any feature will remain available, that the Service will meet your expectations, or that the Service will continue in its current form.

3. Account Registration

To access certain features of the Service, you may be required to register an account.

You agree to:

• provide accurate, current, and complete information during registration;

• keep your account information updated;

• maintain the confidentiality of your login credentials;

• be responsible for all activities conducted through your account;

• notify us immediately if you suspect unauthorized access to your account.

We reserve the right to reject any registration, suspend any account, or require additional verification at any time, for any reason, or for no stated reason to the extent permitted by law.

4. Security and Authentication

You understand and agree that the Service may use email verification, OTP codes, password reset messages, login verification notices, and other security-related communications to authenticate users and protect accounts.

You are solely responsible for:

• maintaining the confidentiality of your login credentials;

• using secure devices and networks;

• taking reasonable precautions to prevent unauthorized account access.

We are not liable for loss, damage, or unauthorized activity resulting from your failure to protect your credentials, devices, email access, or account security, except where such liability cannot lawfully be excluded.

5. Acceptable Use

You agree that you will not, and will not assist, encourage, or permit any third party to:

• use the Service in violation of any applicable law, regulation, sanction, or court order;

• use the Service for fraudulent, deceptive, abusive, harmful, or unlawful purposes;

• interfere with or disrupt the integrity, security, performance, or operation of the Service;

• attempt to gain unauthorized access to the Service, servers, accounts, systems, or networks;

• probe, scan, test, exploit, or circumvent any security or authentication measure;

• reverse engineer, decompile, disassemble, decode, copy, modify, adapt, translate, or create derivative works of the Service, except to the extent such restriction is prohibited by law;

• upload, transmit, distribute, or introduce malware, ransomware, spyware, viruses, bots, scripts, or other harmful code;

• use automated tools, scraping tools, bots, crawlers, or similar methods to access the Service in an unauthorized manner;

• overload, flood, spam, or otherwise impair the Service or infrastructure;

• impersonate another person or entity, or misrepresent your identity or affiliation;

• use the Service to infringe intellectual property, privacy, confidentiality, or other rights;

• access or use the Service in a way that could damage, disable, overburden, or compromise the Service or other users.

We may determine, in our sole discretion, whether any conduct violates these Terms.

6. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for its intended internal and lawful purposes.

This license does not transfer any ownership rights and may be suspended or terminated at any time.

You may not use the Service except as expressly permitted under these Terms.

7. Intellectual Property

The Service, including all software, code, functionality, design, layout, text, graphics, branding, logos, interfaces, databases, documentation, and other materials made available through the Service, is owned by or licensed to 4K-Soft LTD. and is protected by applicable intellectual property and proprietary rights laws.

Except as expressly stated in these Terms, nothing grants you any right, title, or interest in or to the Service or any of its components.

You may not copy, reproduce, distribute, sell, license, publish, display, perform, modify, exploit, or otherwise use any part of the Service without our prior written permission.

All trademarks, service marks, trade names, logos, and branding appearing in the Service are the property of their respective owners.

8. User Data and Content

To the extent you submit, upload, transmit, or otherwise make available any data, content, information, or materials through the Service (“User Content”), you represent and warrant that:

• you have all necessary rights to provide such User Content;

• your User Content does not violate any law or third-party right;

• your User Content does not contain unlawful, malicious, infringing, defamatory, or harmful material.

You retain ownership of your User Content, if any, but you grant us a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and otherwise use such User Content solely to the extent reasonably necessary to operate, secure, maintain, support, and improve the Service and to enforce these Terms.

We do not undertake to monitor all User Content and are not responsible for User Content provided by users or third parties.

9. Privacy

Your use of the Service is also subject to our Privacy Policy, which explains how we collect, use, and process personal data. Privacy notices are expected to explain, among other things, who the organization is, how data is used, retention, sharing, and individual rights.

By using the Service, you acknowledge that personal data may be processed in accordance with the Privacy Policy and applicable law.

10. Availability and Service Performance

The Service is provided on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, we do not represent, warrant, or guarantee that:

• the Service will be uninterrupted, error-free, secure, or always available;

• any defects will be corrected;

• the Service will be compatible with all devices, systems, browsers, or environments;

• the Service will be accurate, complete, reliable, or suitable for any particular purpose;

• monitoring, tracking, alerting, or status-related outputs will always be timely, complete, or error-free.

No internet transmission or online system can be guaranteed as fully secure, and official public guidance commonly uses that same principle for online terms and notices.

Your use of the Service is at your own risk.

11. No Professional Advice or Guarantee of Outcome

The Service is provided for general operational and technical utility only. It does not constitute legal, regulatory, cybersecurity, compliance, financial, insurance, or other professional advice.

We do not guarantee that use of the Service will prevent downtime, failures, losses, incidents, security events, or operational interruptions, or that it will detect every issue or provide any guaranteed business result.

Any decisions you make based on information generated by the Service are your sole responsibility.

12. Third-Party Services

The Service may depend on, integrate with, link to, or interoperate with third-party software, infrastructure, hosting environments, email providers, operating systems, app stores, networks, or other services.

We do not control and are not responsible for third-party products or services, including their:

• availability;

• security;

• performance;

• privacy practices;

• functionality;

• terms or policies.

We are not liable for any loss or damage arising from third-party acts, omissions, outages, failures, breaches, delays, or changes.

13. Future Paid Features

The Service is currently provided without payment functionality. However, we reserve the right to introduce paid plans, subscriptions, premium features, billing mechanisms, or payment processing in the future.

If we do so, additional terms, pricing, billing conditions, refund rules, or subscription terms may apply, and we may update these Terms accordingly.

14. Suspension and Termination

We may, at any time and in our sole discretion, without prior notice and without liability, suspend, restrict, disable, or terminate your access to all or any part of the Service if:

• you violate these Terms;

• we suspect fraud, abuse, unlawful activity, or security risk;

• your use creates risk to the Service, other users, or third parties;

• we are required to do so by law, regulation, or a competent authority;

• we decide to modify, suspend, or discontinue the Service.

You may stop using the Service at any time.

Termination or suspension does not limit any rights or remedies available to us under law or equity.

15. Reservation of Rights

We reserve all rights not expressly granted in these Terms.

Without limitation, we reserve the right to:

• monitor use of the Service to the extent permitted by law;

• investigate suspected misconduct;

• remove or restrict access to any account, content, or activity;

• take technical, legal, or operational steps we consider necessary to protect the Service, users, business interests, or legal rights.

16. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Service is provided “as is”, “as available” and “with all faults”.

We expressly disclaim all representations, warranties, conditions, and other terms, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of:

• merchantability;

• satisfactory quality;

• fitness for a particular purpose;

• non-infringement;

• quiet enjoyment;

• accuracy;

• availability;

• security;

• reliability.

Public sector and government contract examples commonly use clauses excluding implied terms except where law prevents that exclusion.

Some jurisdictions do not allow exclusion of certain warranties, so some of the above exclusions may not apply to you.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

• we shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages;

• we shall not be liable for loss of profits, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of data, corruption of data, business interruption, system failure, reputational harm, or procurement of substitute services;

• we shall not be liable for damages arising out of or related to your use of, inability to use, reliance on, or results obtained from the Service;

• we shall not be liable for acts or omissions of third parties, including service providers, hosting companies, app platforms, network operators, attackers, or other users;

• we shall not be liable for delays, failures, outages, breaches, or losses caused by events beyond our reasonable control.

To the maximum extent permitted by law, the total aggregate liability of 4K-Soft LTD. arising out of or relating to the Service or these Terms shall not exceed EUR 100 or the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim, whichever is greater.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

18. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless 4K-Soft LTD., its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable legal fees, arising out of or related to:

• your use or misuse of the Service;

• your violation of these Terms;

• your violation of any law or third-party rights;

• your User Content;

• your negligence, fraud, misconduct, or unauthorized activities.

19. Force Majeure

We are not responsible for any delay, failure, interruption, data loss, performance issue, or inability to provide the Service resulting from causes beyond our reasonable control, including:

• natural disasters;

• war;

• terrorism;

• civil unrest;

• labor disputes;

• governmental action;

• power failures;

• internet or telecommunications failures;

• cyberattacks;

• malware incidents;

• infrastructure failures;

• third-party service outages.

20. Changes to the Service and Terms

We may change the Service and these Terms at any time.

If we update these Terms, we will post the revised version and update the “Last Updated” date above. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the revised Terms, to the extent permitted by law.

Government examples of website terms commonly specify the governing law and rely on posted terms as the operative notice mechanism.

21. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

22. No Waiver

Our failure to enforce any provision of these Terms shall not operate as a waiver of that provision or any other provision.

23. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and 4K-Soft LTD. regarding the Service and supersede all prior or contemporaneous communications, understandings, and proposals relating to the Service.

24. Contact

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