Terms of Service

Your Access to NIS2 Pro

Starting on the date you agree to these Terms, you can do the following with the NIS2 Pro Platform:

• Access and use it for purchased Services
• Allow the number of users specified in your order to use it
• Use it for your company's or organization's internal purposes only
• Give access to your affiliated companies (if permitted by your Subscription)

What We'll Do for You

At no extra charge, we'll:

• Provide support and maintenance
• Keep the platform running and available
• Make updates as changes are made to laws, regulations and policies
• Install updates to fix bugs and improve performance
• Provide documentation for using the platform

Changes We Might Make

We may update NIS2 Pro's features at any time, including removing features, as long as these changes don't significantly reduce the platform's overall quality.

Service Fees

• You'll pay the fees listed in your order or displayed at checkout.
• Keep your billing and payment information up to date.
• IMPORTANT: Fees are non-refundable.

Subscriptions & Usage

If you purchase a Subscription, it:

• Automatically renews for successive billing periods unless cancelled before renewal.
• May be upgraded during a billing cycle, with pricing adjustments applied where supported.
• Downgrades take effect at the start of the next billing cycle.

Subscription Cancellations:

• You can cancel your subscription anytime.
• Your access continues until the end of your current billing period.

Payment Processing (Paddle)

• Payments are processed through Paddle, a third-party payment processor.
• By providing payment information, you authorize NIS2 Pro and Paddle to charge your selected payment method for all applicable fees, taxes, and recurring charges.
• NIS2 Pro does not store full payment card details. Paddle processes payment data in accordance with its own terms and privacy policies.
• Your use of Paddle is subject to Paddle's Buyer Terms and other applicable agreements, as amended from time to time.

Failed Payments, Disputes & Chargebacks

• If you don't pay for services, if a payment fails, is reversed, disputed, or is subject to a chargeback, we may decline, suspend, or terminate your access immediately.
• You agree not to initiate a chargeback or payment dispute without first contacting NIS2 Pro in writing to attempt resolution. In any such case, you agree to allow us at least 15 calendar days to investigate and respond in writing to your concerns.
• You are responsible for all chargebacks, reversals, penalties, network fees, and administrative costs imposed by Paddle, card networks, or banks.
• You agree that we may submit these Terms of Service, service descriptions, usage logs, timestamps, IP address information, delivery records and communications between us to Paddle or payment networks to contest chargebacks and payment disputes.

Taxes

• The fees don't include sales taxes, VAT, GST, or similar charges - you're responsible for paying those.
• Where required by law (including in the EU and UK), VAT may be collected at checkout based on your billing location and VAT status.
• You agree to provide accurate billing and VAT identification information. Failure to do so may result in VAT being charged at the applicable standard rate.
• See the EU VAT & Invoicing provisions in Section 13 below for more information.

Price Changes

We can change our pricing at any time. If we change pricing, our new prices will be posted on our website and we will notify you via email or via your dashboard.

How We Use Your Data

What we do with your information:

• We only use your data to provide the NIS2 Pro service you've purchased.
• We do not share your data with any third party.
• We do not share your data with any AI platform.
• We won't share your data with other NIS2 Pro customers.

Usage data we collect:

• We track how you use the platform (which features, how often, etc.) to improve the service.
• We use this to fix problems, understand what's working, and personalize your experience.
• We remove identifying information from this data before analyzing it.

Who Owns Your Data

• You own all the data you upload and all the generated outputs.
• We treat your data as confidential.
• You give us permission to use your data only to provide the NIS2 Pro service.

Anonymous data: We can create anonymous statistics from your usage that don't identify you or your company or organization, and we can use these for our business purposes.

How We Protect Your Data

• We maintain industry-standard security measures to protect your information.
• Despite our security measures, we can't guarantee 100% protection against hacking.
• If legally required, we may have to disclose your data to authorities (we'll notify you if this happens).

What we're NOT responsible for:

• The accuracy of information you upload.
• The accuracy of the information our platform generates.
• Your reliance on the outputs our platform generates.

European Data Protection (EU/UK)

• Where EU or UK data protection law applies, each party acts as an independent data processor, unless otherwise agreed in writing.
• Processing of personal data is governed by our privacy policy and any applicable Data Processing Addendum made available on our website.
• You confirm that you have a lawful basis to upload and process any Personal Data submitted to the platform.

Your Personal Information

• We collect personal information (like names, emails, payment details) only as needed to service your account.
• Our privacy policy posted on our website governs how we handle personal data.
• We may update our privacy policy as needed.

Acceptable Use

You may NOT:

• Let third parties use your NIS2 Pro account
• Share passwords
• Let multiple people use one account (unless they are using a license seat)
• Share non-public features with outsiders
• Try to disable security features
• Use NIS2 Pro to build a competing product
• Copy NIS2 Pro's features or design
• Use bots or scrapers to collect information from NIS2 Pro

If we suspect you're violating these rules, we can suspend your access immediately and take any further action we deem necessary.

Keeping Your Account Secure

• Always protect your passwords and login information.
• Tell us immediately if you suspect unauthorized access.
• Try your best to stop any security breaches.

Following the Law

You must comply with all applicable laws when using NIS2 Pro, including privacy and data protection laws.

Not Legal Advice

The NIS2 Pro platform provides documentation tools and guidance. It does not provide or purport to provide legal or regulatory advice. You agree not to rely on NIS2 Pro's outputs as legal or regulatory advice. You agree to consult with a qualified lawyer to review all outputs.

Responsibility for Users

You're responsible for:

• Everything you and your users do with NIS2 Pro
• Any use of your account, whether you authorized it or not

Your Rights to Upload Content

You confirm that you have the legal right to upload your data to NIS2 Pro and to let us process it as described in this agreement and on our website.

Marketing

We will not use your company name or logo in our marketing materials and website unless you authorize us in writing to do so.

Who Owns What

• NIS2 Pro owns the platform, software, interface, logos, and all related intellectual property.
• You own your uploaded data and the generated outputs.
• This agreement doesn't give you ownership of NIS2 Pro itself - just the right to use it.

Feedback and Suggestions

If you give us unsolicited ideas or suggestions for improving NIS2 Pro:

• We can use them however we want.
• We don't have to keep them confidential.
• We don't have to pay you or credit you.
• They're not considered your trade secrets.

What's Confidential

Confidential information includes:

• Any documents marked "confidential"
• NIS2 Pro's documentation
• Any sensitive, non-public information
• Your customer data

Not confidential:

• Information you already had
• Information you developed independently
• Information that becomes public (not because of a breach)
• Information we approve for release
• Your feedback to us

Keeping Secrets

Both parties agree to:

• Only use confidential information for its intended purpose
• Not share it with employees or contractors unless necessary
• Not share it with third parties without written permission
• Protect it with at least reasonable care

If Required by Law

If required by law, we can disclose confidential information, but we'll notify you first and cooperate if you want to contest the disclosure.

After This Agreement Ends

Confidentiality obligations continue even after the agreement ends. When the agreement terminates, you must return or destroy our confidential information.

What NIS2 Pro Promises

We promise that:

• We own the NIS2 Pro Platform or have the right to license it to you.
• We have the authority to grant you these usage rights.

If we break this promise: We'll either (1) secure your right to keep using NIS2 Pro, (2) modify it to fix the problem, or (3) terminate the agreement and refund unused fees on a prorated basis.

What You Promise

You promise that:

• You have full authority to enter into this agreement on behalf of your business or organization.
• You've given us accurate information about your business or organization.
• You're an authorized representative of a legitimate business entity.
• You are not using NIS2 Pro for personal, household, or consumer use.

Important Disclaimers

This means:

• We don't guarantee NIS2 Pro will be accurate, error-free, or uninterrupted.
• We can't guarantee complete security from hacking.
• We don't promise the outputs will be accurate or satisfactory.
• We have no control over regulators or their interpretations of compliance.
• Any third-party integrations are provided "as is".

Critical Legal Disclaimer

• The output provides general information based on your data.
• It may discuss legal topics but is NOT a substitute for a real lawyer.
• Regulators may have differing interpretations of compliance.
• You must have a qualified lawyer review any output before relying on it.
• We're not liable for actions you take (or don't take) based on NIS2 Pro's output.
• You're responsible for all decisions made using the generated output.

We'll Protect You If...

NIS2 Pro will defend you and cover your costs if someone claims your use of NIS2 Pro violates their patent, copyright, or trademark rights.

But not if the claim is caused by:

• Your unauthorized use of NIS2 Pro
• Your modification of the platform
• Your combination of NIS2 Pro with other software we didn't provide

You'll Protect Us If...

You'll defend NIS2 Pro and cover our costs if:

• You misuse the platform or violate these Terms
• Content you upload violates someone's copyright, trademark, or privacy rights
• You are not a duly authorized representative of the subscribing business or organization

We'll Both Protect Each Other If...

Each party will protect the other from claims arising from:

• Gross negligence, fraud, or intentional misconduct
• Data breaches or privacy law violations caused by that party

How This Works

If a claim happens:

• The protected party must notify the other party promptly
• The protecting party controls the defense and settlement
• The protected party must cooperate as needed
• The protecting party pays court costs, judgments, and reasonable legal fees

Maximum Dollar Amount

For most issues, neither party's total liability can exceed the service fees you paid in the previous 12 months.

This limit doesn't apply to:

• Data security obligations
• Confidentiality breaches
• Indemnification obligations

Types of Damages Excluded

Neither party is liable for:

• Lost profits
• Loss of business or business opportunities
• Consequential, indirect, special, incidental, or punitive damages

Exception: Confidentiality breaches can result in these types of damages.

Important Clarifications

• These limits apply even if we knew the damages were possible.
• These limits apply even if other remedies fail.
• These limits apply to claims based on contract, tort, negligence, or any other legal theory.
• Our pricing is based on these liability limits - they're a fundamental part of our deal.
• These limits also protect our employees, contractors, and affiliates.

How Long This Lasts

• Scope Check Purchase: The initial term starts on the date you complete your purchase and lasts for one year.
• Subscription Purchase: The term continues for the duration of the active subscription period and any renewal periods unless terminated in accordance with this Section.

Ending Early

For breach: Either party can terminate with 10 days' written notice if the other party materially breaches (unless cured), but you will not be entitled to any refund for a prorated portion of your subscription.

For convenience: You can cancel anytime with 30 days' written notice, but you will not be entitled to any refund for a prorated portion of your subscription.

What Happens When It Ends

When this agreement ends:

• You must immediately stop using NIS2 Pro.
• You must delete all outputs generated by the platform.
• You will not be entitled to any refund for a prorated portion of your subscription.
• Confidentiality, warranties, indemnification, and liability limits continue to apply.

EU VAT & Invoicing

• For EU and UK customers, invoices will be issued electronically unless otherwise required by law.
• Where VAT is applicable, invoices will reflect VAT charged in accordance with EU VAT rules.
• If you provide a valid VAT identification number, VAT may be reverse-charged where permitted by law.
• You are responsible for retaining invoices for accounting and tax compliance purposes.

Independent Relationship

We're a vendor and you're a customer - neither party is the other's agent or partner.

How to Send Notices

• To you: We'll email your primary contact (effective 24 hours after sending).
• To us: Email support@nis2pro.com (effective 24 hours after sending).

Force Majeure

Neither party is in breach due to events beyond reasonable control (natural disasters, wars, strikes, government actions, etc.). This does not excuse payment obligations.

Assignment

You can't transfer this agreement without our written permission, except to affiliates or in connection with a merger or acquisition. We may transfer this agreement freely.

If Part of This Is Invalid

Invalid provisions will be interpreted to achieve their intent as closely as possible, and the remainder will remain in effect.

No Waiver

Failure to enforce a right immediately does not waive it.

Governing Law

This agreement is governed by the laws of the State of Texas, USA.

EU Venue Carve-Out

If you are established in the European Union and mandatory local law requires otherwise, you may bring claims in your country of establishment solely to that extent. All other disputes shall be resolved exclusively in the courts of Collin County, Texas, USA.

What Takes Priority

If there is a conflict:

1. Your specific order terms override these Terms.
2. These Terms override any other NIS2 Pro policies.
3. These Terms override any FAQs, Knowledge Base or support team communication.

Important: The English language version of these Terms supersedes any version offered in another language.

Export Controls

You may not use NIS2 Pro in violation of U.S., EU, or UK export or sanctions laws.

Entire Agreement

This agreement (plus your orders) is the complete agreement and supersedes all prior discussions.

Changes to These Terms

We may amend these Terms by posting updates on our website. Amendments become effective 30 days after posting unless rejected in writing, in which case they apply at your next purchase.