These Terms of Service (“Terms”) are a binding agreement between VelocIT Systems LLC (“VelocIT,” “we,” “us,” or “our”) and the entity or individual (“Customer” or “you”) that accepts them by signing up for, accessing, or using the NSite platform (“Service”). Please read these Terms carefully. If you do not agree, do not use the Service.
1. Definitions
- “Authorized User” means any individual you permit to access the Service under your account.
- “Customer Data” means all data — including scan results, endpoint metadata, and report content — submitted to the Service by Customer or an Authorized User.
- “Documentation” means the usage guides and technical specifications published at velocitsystems.com.
- “End Client” means a third-party client of Customer whose Windows environment Customer assesses using the Service.
- “Subscription Term” means the billing period (monthly or annual) for which Customer has paid for access.
2. Access to the service
Subject to these Terms and timely payment of applicable fees, VelocIT grants Customer a non-exclusive, non-transferable, limited right to access and use the Service during the Subscription Term solely for Customer's internal business operations and for assessing End Client environments that Customer is contractually authorised to access.
Customer is responsible for all activity under its account, including the acts and omissions of Authorized Users.
3. Customer data
Customer retains all rights, title, and interest in Customer Data. Customer grants VelocIT a limited licence to process Customer Data solely to provide the Service. VelocIT will not access or use Customer Data for any other purpose. The handling of personal data within Customer Data is governed by our Data Processing Addendum (DPA), incorporated by reference.
Customer is solely responsible for obtaining all authorisations necessary to run assessments on End Client environments and for complying with all applicable laws, including data-protection laws, in collecting and processing End Client data via the Service.
4. Intellectual property
VelocIT and its licensors own all right, title, and interest in the Service, including all software, algorithms, models, and documentation. These Terms do not grant Customer any rights in the Service except the limited access right in Section 2.
Customer retains ownership of all Customer Data and all report outputs generated for Customer by the Service. VelocIT may use anonymised, aggregated, and de-identified data derived from the Service for product improvement, benchmarking, and research.
5. Acceptable use
Customer agrees not to:
- Use the Service to scan any network or endpoint without explicit authorisation from the owner of that network or endpoint.
- Reverse engineer, decompile, or disassemble the Service.
- Resell or sublicense the Service without written consent from VelocIT.
- Use the Service to store, transmit, or process content that is unlawful, harmful, or infringes third-party rights.
- Attempt to gain unauthorised access to the Service or its infrastructure.
- Circumvent or disable security features, rate limits, or access controls.
6. Fees & payment
Customer agrees to pay the fees listed on our pricing page at the time of subscription. Fees are billed in advance on a monthly or annual basis via Stripe. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. Annual subscriptions are eligible for a prorated refund for unused complete months upon cancellation.
VelocIT may change fees on 30 days' written notice. If Customer does not agree to a fee change, Customer may cancel before the new fee takes effect. Continued use constitutes acceptance.
Overdue balances accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. VelocIT may suspend access for non-payment after providing 7 days' written notice.
7. Privacy & security
VelocIT's collection and use of personal data is governed by our Privacy Policy and, for Customer Data containing personal data, the Data Processing Addendum. VelocIT implements and maintains commercially reasonable administrative, physical, and technical security measures appropriate to the sensitivity of the data processed.
8. Confidentiality
Each party may have access to non-public information of the other (“Confidential Information”). The receiving party will use the same care to protect the disclosing party's Confidential Information as it uses for its own, but no less than reasonable care, and will not disclose it except to its personnel and advisors who need it and are bound by confidentiality obligations. Confidential Information does not include information that is or becomes public other than through breach, is independently developed, or is rightfully received from a third party.
9. Warranties & disclaimers
We warrant that the Service will materially conform to the Documentation during the subscription term. As Customer's exclusive remedy for breach of this warranty, we will use commercially reasonable efforts to correct the non-conformity. If we can't, Customer may terminate and receive a prorated refund of prepaid fees.
Except for the limited warranty above, the Service is provided “as is.” We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that it will detect every vulnerability. NSite is a tool that assists with security assessments — it is not a substitute for a complete security program.
10. Limitation of liability
To the maximum extent permitted by law, neither party's aggregate liability for any claim arising out of or related to these Terms will exceed the fees paid or payable by Customer to VelocIT in the 12 months preceding the event giving rise to the claim.
Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, business, goodwill, data, or substitute services, even if advised of the possibility.
These limitations do not apply to (i) breaches of Section 5 (Acceptable Use), (ii) indemnification obligations, or (iii) liabilities that cannot be limited under applicable law.
11. Indemnification
By VelocIT.We will defend Customer against third-party claims alleging that Customer's authorised use of the Service infringes a US patent, copyright, or trademark, and will pay damages and reasonable attorneys' fees finally awarded or agreed in settlement.
By Customer.Customer will defend VelocIT against third-party claims arising from (i) Customer Data, (ii) Customer's violation of Section 5 (Acceptable Use), or (iii) Customer's failure to obtain proper authorisation to scan an End Client environment, and will pay damages and reasonable attorneys' fees finally awarded or agreed.
12. Term & termination
These Terms begin on the date you accept them and continue until terminated.
Either party may terminate for material breach if the breach remains uncured 30 days after written notice. Customer may also terminate without cause by cancelling its subscription. We may suspend or terminate immediately for material violations of Section 5, non-payment after notice, or where required by law.
On termination: (i) access to the Service ends, (ii) Customer may export Customer Data for 30 days, (iii) we delete remaining Customer Data within 60 days of the end of that export window. Sections that by their nature should survive will survive termination.
13. Governing law & dispute resolution
These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict of laws principles. The parties agree to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia, and waive any objection to venue.
Before initiating formal proceedings, the parties will attempt to resolve disputes through good-faith discussion. Either party may seek injunctive relief in any court of competent jurisdiction for misuse of intellectual property or confidential information.
14. Changes to these terms
We may update these Terms from time to time. Material changes will be posted on this page and communicated to primary admins by email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.
15. General
Assignment
Neither party may assign these Terms without the other's prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets, on written notice.
Force majeure
Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, government action, internet outages, or attacks against third-party infrastructure.
Notices
Notices to VelocIT should be sent to legal@velocitsystems.com. Notices to Customer will be sent to the primary admin email on file.
Severability; entire agreement
If any provision is found unenforceable, the rest remains in effect. These Terms, together with the Privacy Policy and DPA (and any executed order forms), are the entire agreement between the parties regarding the Service.
16. Contact
VelocIT Systems LLC
Georgia, USA
General: sales@velocitsystems.com
Legal: legal@velocitsystems.com
Security: security@velocitsystems.com