Diensbepalings | Noxtica

1. Agreement to Terms

By accessing or using Noxtica's services, including our demo, API, admin dashboard (Backoffice), and client SDK (collectively, the "Services"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). 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.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

2. Definitions

"Noxtica", "we", "us", or "our" refers to the operator of the Noxtica platform.
"Services" means all products and services provided by Noxtica, including the collector SDK, API, Backoffice dashboard, and documentation.
"Customer Data" means any data, including fingerprint data and analytics, collected through your use of the Services on your websites or applications.
"End Users" means individuals who access your websites or applications where the Noxtica SDK is deployed.
"Authorized Users" means individuals authorized by you to access the Backoffice dashboard under your account.

3. Description of Services

Noxtica is a browser fingerprinting and bot detection platform that provides:

A JavaScript collector SDK for gathering browser signals
A hosted API for processing and storing fingerprints
An admin dashboard (Backoffice) for analytics and management
Risk scoring and bot detection algorithms
Synthetic fingerprint generation tools

The Services are designed for legitimate security purposes including bot detection, fraud prevention, account security, and anomaly detection.

4. Account Registration and Security

4.1 Account Requirements

Access to the Services requires an account. When creating an account, you must:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Be at least 18 years old or the age of majority in your jurisdiction

4.2 Account Security

You are solely responsible for:

Maintaining the confidentiality of your account credentials, API keys, and site keys
All activities that occur under your account
Immediately notifying us of any unauthorized access or security breach

4.3 Authorized Users

You may permit Authorized Users to access the Services under your account. You are responsible for:

Ensuring Authorized Users comply with these Terms
All actions taken by your Authorized Users
Managing user roles and permissions appropriately

5. Acceptable Use

5.1 Permitted Uses

You may use the Services only for lawful purposes and in accordance with these Terms. Permitted uses include:

Bot and fraud detection
Account security and anti-takeover protection
Preventing automated abuse of web applications
Detecting suspicious or anomalous traffic patterns
Security analytics and monitoring

5.2 Prohibited Uses

You agree NOT to use the Services to:

Violate any applicable laws, regulations, or third-party rights
Conduct surveillance without appropriate legal basis
Discriminate against individuals based on fingerprint data
Attempt to de-anonymize or identify individuals without consent or legal basis
Track individuals across websites you do not own or control
Build user profiles for advertising purposes without consent
Interfere with or disrupt the Services or our infrastructure
Attempt unauthorized access to our systems
Reverse engineer, decompile, or extract source code from the Services
Use automated systems to abuse, scrape, or overload our Services
Resell, sublicense, or redistribute the Services without authorization

Violation of these restrictions may result in immediate suspension or termination of your account. For detailed guidelines, see our Acceptable Use Policy.

6. Customer Responsibilities

6.1 Legal Compliance

YOU ARE SOLELY RESPONSIBLE for ensuring your use of the Services complies with all applicable laws and regulations, including but not limited to:

Privacy laws (GDPR, CCPA, LGPD, POPIA, and other data protection regulations)
Consumer protection laws
Industry-specific regulations
Laws governing the collection and use of device identifiers

6.2 End User Notices and Consent

When deploying the Noxtica SDK on your websites or applications, YOU ARE SOLELY RESPONSIBLE for:

Providing clear and conspicuous notices to End Users about fingerprinting and data collection
Obtaining any legally required consent from End Users
Including appropriate disclosures in your privacy policy
Implementing cookie consent mechanisms where required
Honoring End User opt-out requests and privacy rights

6.3 Data Accuracy

You acknowledge that fingerprinting and risk scoring are probabilistic technologies. YOU ARE SOLELY RESPONSIBLE for:

Evaluating whether the Services are appropriate for your use case
Implementing appropriate safeguards for false positives and false negatives
Not relying solely on Noxtica scores for critical decisions affecting individuals

7. Data Processing and Privacy

7.1 Data Roles

You are the data controller for Customer Data collected on your websites
Noxtica acts as a data processor processing Customer Data on your behalf
For data collected on our own websites (demo, landing page), Noxtica is the data controller

7.2 Data Processing

Our processing of Customer Data is governed by our Privacy Policy and, where applicable, a Data Processing Agreement.

7.3 Data Retention

Customer Data is retained according to your account settings and our retention policies. Default retention is 30 days, configurable per tenant.

8. Intellectual Property

8.1 Noxtica IP

The Services, including all software, algorithms, APIs, documentation, trademarks, and visual designs, are proprietary to Noxtica and protected by intellectual property laws. Except for the limited license granted herein, you acquire no rights in our intellectual property.

8.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Use the SDK on registered domains
Access the API according to your plan
Use the Backoffice dashboard for analytics and management

8.3 Restrictions

You may not:

Copy, modify, or create derivative works of the Services
Reverse engineer, decompile, or attempt to extract source code
Remove or alter any proprietary notices
Use our trademarks without written authorization
Sublicense or transfer your rights

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted or error-free operation. We reserve the right to:

Perform scheduled maintenance with reasonable notice when possible
Perform emergency maintenance without notice
Modify, suspend, or discontinue features
Rate limit or throttle excessive usage

10. Suspension and Termination

10.1 Suspension

We may suspend your access to the Services immediately if:

You violate these Terms or the Acceptable Use Policy
Your use poses a security risk
Required by law or to protect third parties
Your account has unpaid fees (for paid plans)

10.2 Termination

Either party may terminate this agreement:

For convenience with 30 days' written notice
Immediately if the other party materially breaches these Terms

10.3 Effect of Termination

Upon termination:

Your right to use the Services ends immediately
We may delete your Customer Data after a reasonable period
Provisions that by nature should survive will continue (including indemnification, limitation of liability, and dispute resolution)

11. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOXTICA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY - fitness for a particular purpose or use
ACCURACY - that results will be accurate, reliable, or complete
NON-INFRINGEMENT - that the Services do not infringe third-party rights
AVAILABILITY - uninterrupted or error-free operation
SECURITY - that the Services will detect all bots, fraud, or threats

YOU ACKNOWLEDGE THAT:

Browser fingerprinting is a probabilistic technology with inherent limitations
Risk scores are estimates and may produce false positives or false negatives
The Services cannot guarantee detection of all automated or fraudulent activity
You should not rely solely on the Services for critical security decisions

12. LIMITATION OF LIABILITY

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOXTICA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

12.2 Liability Cap

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

12.3 Exclusions

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for fraud, willful misconduct, or any liability that cannot be lawfully excluded.

13. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Noxtica and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Services
Your violation of these Terms
Your violation of any applicable law or regulation
Your violation of any third-party rights, including privacy rights
Claims by End Users related to your deployment of the SDK
Your failure to provide required notices or obtain required consents
Customer Data or content you process through the Services
Actions by your Authorized Users

14. ASSUMPTION OF RISK

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

Your use of the Services is at your sole risk
You have evaluated the Services and determined they are suitable for your needs
You are responsible for implementing appropriate security measures
You will not hold Noxtica responsible for any security incidents that the Services fail to detect
The Services are tools to assist security decisions, not replacements for comprehensive security programs

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

Posting updated Terms on our website
Updating the "Last Updated" date
For significant changes, sending email notification to account holders

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Turkish Republic of Northern Cyprus (TRNC), without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of TRNC. You consent to the personal jurisdiction of such courts.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and any other incorporated documents, constitute the entire agreement between you and Noxtica regarding the Services.

17.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be modified to the minimum extent necessary.

17.3 Waiver

Our failure to enforce any right or provision will not constitute a waiver of that right or provision.

17.4 Assignment

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

17.5 Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including natural disasters, war, terrorism, or infrastructure failures.

18. Contact

For questions about these Terms, please contact us at [email protected].

By using Noxtica's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.