Legal

Terms of Service

Last updated

1. Who we are

Legal nameAsulon Arendus OÜ (Asulon, we, us)
Registry code14033581
Registered addressTalli 4 - 15, Tallinn, Estonia
Contactinfo@namewatch.xyz

The Service is Namewatch, the domain and DNS monitoring service at https://namewatch.xyz, including its web app, API, alerts and reports.

You accept these Terms by creating an account or using the Service. If you accept for a company, you confirm you may bind it; you means that company.

Business customers only. You confirm you are acting for purposes relating to your trade or profession. The Service is not offered to consumers, so consumer rules, including the 14-day right of withdrawal, do not apply.

A signed order form, if any, prevails over these Terms.

2. The Service

We may change or improve the Service at any time. If we remove a material feature, we give 30 days’ notice and you may terminate under section 12.

Beta and preview features are provided as-is, without warranty, and may be withdrawn without notice.

3. Your account

Keep your credentials and API keys confidential and do not share them outside your organisation. You are responsible for all activity under your account and must tell us promptly of any unauthorised use.

4. Fees and billing

Fees are those shown on the pricing page or your order form, billed in advance for each Subscription Term through [Stripe]. Subscriptions renew automatically until cancelled.

All fees are exclusive of VAT. EU business customers outside Estonia must give a valid VAT number; without one we may charge Estonian VAT.

We may change prices with 30 days’ notice, effective from your next renewal.

On late payment we may charge statutory interest and suspend access after [15] days.

5. Term and cancellation

You may cancel at any time in the application. Cancellation takes effect at the end of the current Subscription Term; access continues until then.

Fees already paid are non-refundable, including for unused periods or quota, except where these Terms or mandatory law say otherwise.

6. Acceptable use

You must not:

  • exceed or circumvent the rate limits and quotas of your plan, or access the Service other than through the documented interfaces;
  • share, resell or sublicense access to the Service;
  • use the Service to send unlawful communications, or to harass, stalk or unlawfully profile any individual;
  • reverse engineer the Service, or test its security without our prior written consent;
  • use the Service unlawfully, or in a way that threatens its stability or security.

7. What you may do with the data

While your subscription is active and paid, you may use the data and reports the Service provides (Output Data) for your own business purposes, and may include extracts in reports you deliver to your own clients.

You may not republish, resell or redistribute Output Data as a dataset, feed or API, extract or reuse substantial parts of our database, or use it to build a competing service.

Output Data derives in part from third-party sources, including ICANN’s Centralized Zone Data Service, registry and registrar RDAP and WHOIS services, and public DNS. Your use must also comply with those sources’ own terms. We grant no rights beyond those we hold, and may change or withdraw data if a source requires it.

Output Data is provided as-is. We do not warrant that it is complete, accurate or current, and it should not be your sole basis for a legal, security or commercial decision.

On termination you must stop using Output Data and delete stored copies within [30] days. Reports already delivered to your clients may remain.

8. Intellectual property

We own the Service, its software, documentation and database. You own the data you submit, and grant us the licence needed to host and process it in order to provide the Service. We may use aggregated, de-identified usage statistics to improve the Service.

If you send us feedback, we may use it without restriction or payment.

9. Personal data

How we handle account and billing data as controller is set out in our privacy policy.

Where data you submit contains personal data, we act as your processor under the data processing agreement, which forms part of these Terms. Our subprocessors are listed here. You are responsible for having a lawful basis for the data you submit and for the uses you make of Output Data.

10. Availability and warranties

We aim to keep the Service available and to give notice of planned maintenance, but we do not commit to an availability level unless we agree one in writing. Support is by email at info@namewatch.xyz on Estonian business days.

To the fullest extent permitted by law, the Service is provided as-is and we disclaim all implied warranties, including fitness for a particular purpose, accuracy, and uninterrupted or error-free operation.

11. Liability

Neither party limits liability for intent or gross negligence, for death or personal injury, or for anything that cannot be limited under Estonian law.

Neither party is liable for indirect or consequential loss, or for lost profit, revenue, goodwill, data or business interruption.

Our total liability under these Terms is limited to the Fees you paid in the 12 months before the event giving rise to the claim. Claims must be brought within 12 months of the event.

You will cover our loss from third-party claims arising from your data, from your use of Output Data in breach of section 7, or from your breach of law.

12. Suspension and termination

We may suspend access immediately for non-payment, breach of section 6 or 7, a security risk, or a legal requirement, giving notice where practicable.

Either party may terminate for material breach not cured within 30 days of notice, or on the other’s insolvency. We may terminate for convenience on 30 days’ notice, refunding Fees for the unused period.

After termination we delete your data within [30] days; you may request an export during that window. Sections 7, 8, 11 and 13 survive.

13. Changes to these Terms

We may amend these Terms. We give at least 30 days’ notice of material changes by email or in the application. Continued use after they take effect means you accept them; if you do not, you may terminate and we refund Fees for the unused period.

14. General

Neither party is liable for delay caused by events beyond its reasonable control. You may not assign this agreement without our consent; we may assign it on a merger or sale of the business. If a clause is invalid, the rest stands. These Terms, the DPA and the privacy policy are the entire agreement between us. Notices go to the email address on your account and to info@namewatch.xyz.

15. Governing law

Estonian law applies, excluding its conflict-of-law rules. Disputes, if needed, go to Harju County Court (Harju Maakohus) in Tallinn.