Terms of service

1.Who we are and acceptance

These terms govern the use of Vitalnodo (vitalnodo.com, the "Service"), provided by Karim Boulares, an individual domiciled in Tegucigalpa, Honduras ("we"). Contact: hola@vitalnodo.com.

By creating an account or using the Service, you (the "Customer") accept these terms, the Privacy policy and the Data processing agreement, which forms part of these terms. If you accept on behalf of a company, you represent that you are authorized to bind it.

2.What the Service is

Vitalnodo lets IT technicians and managed service providers:

• download installers tied to their account and install an agent on Windows, Windows Server, Linux and macOS machines;
• see the health of those machines (CPU, memory, disks, network and network adapters, temperature, SMART, hardware details, machine type and operating system), organize them by client, identify them with icons and review their history;
• see their security posture (antivirus and its status, firewall, disk encryption, pending updates, operating system edition and support), read-only: the agent doesn't change the machine's configuration or install updates;
• receive alerts in the app and by email.

Remote access. The Service's design includes a future remote access feature (terminal and desktop). It is not available in the current version: it is turned off in the Service and the distributed agent doesn't contain it. It is not part of any plan or of the current price. If it is turned on in the future, it will be subject to additional terms that you must expressly accept, to updates of the Privacy policy and the Data processing agreement, and to security requirements such as mandatory two-step verification.

3.Account

3.1. Professional use and age. The Service is for professional use. You must be over 18 and have the legal capacity to enter into contracts.

3.2. Accurate information. You must sign up with true information and an email address you control, and keep them up to date.

3.3. Account security. You are responsible for protecting your credentials and for what is done with your account. We recommend turning on two-step verification. Let us know immediately at seguridad@vitalnodo.com if you suspect unauthorized access.

3.4. Team users. The account owner can invite other users, as allowed by the plan, and assign them roles. The owner is responsible for their actions in the Service and for removing their access when appropriate.

3.5. Enrollment keys. Enrollment keys link machines to your account. Treat them as a secret: don't publish them. If a key leaks, revoke it from the app. You are responsible for the machines enrolled with your keys.

4.Plans and limits

The current plans and their prices are shown on the Service's plans page. As of this version:

• Free trial. Every new account starts with a 14-day free trial, with no credit card, with the limits of the Technician plan. While online payments are not open, the trial doesn't expire. During the trial, if nobody in the account signs in to the dashboard for 14 days, the machines are paused (one report is stored every 6 hours and no alerts are raised) until someone signs in again; after 90 days without signing in they are archived and their history is deleted.
• Expired trial. If the trial ends without a plan being purchased, the account becomes "expired": the dashboard becomes read-only (you can see the machines and their history, but you can't install new machines, edit rules or create keys) and the machines are paused. 30 days after expiry the metric history is deleted and the machines are archived; the account continues to exist until you delete it. If you purchase a plan, everything resumes right away.
• If you reach the machine limit, the Service will reject new enrollments until you free up room or change plans.
• If you downgrade or your subscription expires, your account moves to the terms of the new plan. History beyond the new period is deleted in the daily purge and cannot be recovered. Machines over the new limit (the ones enrolled first stay active) are marked "over the limit": they keep sending reports, but they raise no alerts or emails until you free up room or upgrade.
• During the trial (and with an expired trial) you can upload up to 10 custom icons; paid plans, up to 200.
• We may change the plans and prices. Price changes to an ongoing subscription will apply from the next renewal, with at least 30 days' prior notice.

5.Payments, renewal and refunds

5.1. Gumroad as reseller. Paid plans are purchased through Gumroad, which acts as reseller and merchant of record: it charges you, issues the receipt and handles the applicable taxes. When you pay, you also accept Gumroad's terms. We don't receive or store your card data. To link the purchase to your account, the purchase link carries a random reference to your account, and the Service confirms each sale directly with Gumroad.

5.2. Automatic renewal. Subscriptions renew automatically at the end of each monthly or annual period until you cancel them. You can cancel at any time from your subscription management in Gumroad (the link is on the Service's plan page). Cancellation takes effect at the end of the period already paid.

5.3. Refunds. Periods that have already started are not refunded or prorated, without prejudice to the rights granted to you by any applicable consumer protection law, which prevails over this clause. As reseller, Gumroad handles refund requests and chargebacks under its own terms. We will support a refund when the Service has not worked for reasons attributable to us.

5.4. Non-payment. If a payment fails and the subscription expires, the account moves to the "expired" state described in section 4 (read-only dashboard and paused machines) until you purchase a plan again.

5.5. Taxes. Prices are stated in US dollars. Gumroad adds the taxes that apply according to the buyer's country.

5.6. Coupons. We may offer coupons with a special price, a plan at no cost for a period of time or extra trial days. Each coupon is personal and non-transferable, has no cash value and cannot be exchanged for money, and is valid under the terms, dates and number of uses it states. The terms are frozen when it is redeemed: a later change to the coupon doesn't affect what was already redeemed. An account can have only one plan or discount coupon at a time. We may revoke a coupon or a redemption if we detect abuse, fraud or use contrary to these terms; in that case the account returns to the terms that would apply without the coupon. When a no-cost plan ends, the account moves to the "expired" state in section 4, unless you purchase a plan.

6.Acceptable use

6.1. Only on machines you legitimately manage. You may only install the agent on machines that you or your company legitimately manage and with their owner's authorization (for example, your client or your employer). You must be able to prove that authorization if we ask for it.

6.2. Informing users. You must inform the people who use the machines that a technical monitoring agent is installed and what data it collects, at least when the law requires it. The installer shows a notice with that information, but it isn't shown in silent or mass installations.

6.3. Prohibitions. It is forbidden to:

• install the agent on machines without their owner's authorization or access other people's systems without authorization;
• use the Service to monitor, profile or control people's behavior (for example, tracking when an employee, partner or family member uses a computer) rather than to manage the technical health of the machines. On company machines, technical monitoring is only allowed if employees are informed in advance in accordance with the applicable law;
• hide the agent so that the owner or users of the machine cannot know about it;
• use the Service or the agent to distribute malicious software or for any unlawful activity;
• forge reports, impersonate machines or attempt to access other customers' accounts or data;
• subject the Service to excessive load, circumvent its technical or plan limits or test its security without following our vulnerability reporting policy, which authorizes good-faith research under the conditions it sets out;
• decompile or modify the agent for purposes other than the interoperability permitted by law;
• resell access to the account to third parties. Providing services to your own clients using the Service is allowed.

6.4. Data and content you upload. Don't include sensitive data (health, data about minors, credentials, etc.) in free-text fields (notes, tags, names). You may only upload as icons images you have rights to, and you must not upload photos of people or images that are unlawful, offensive or contain personal data. We may delete icons that break this rule.

6.5. Security posture. The machines' security information (antivirus, firewall, encryption, updates) reveals possible weaknesses. Use it only to protect those machines and don't share it with unauthorized third parties.

7.Personal data

You decide which machines you monitor and for what purpose. Regarding the data sent by the agents and the data you upload about your clients, you act as controller (or as processor for your own client) and we act as processor (or sub-processor), under the Data processing agreement. You warrant that you have a legal basis for that processing.

8.Suspension

We may suspend, in whole or in part, your account or specific machines:

• if there are reasonable indications that you are breaching section 6 or that the Service is being used unlawfully;
• if your account puts the security or operation of the Service or of other customers at risk;
• if a competent authority requires it.

Except in an emergency or where prohibited by law, we'll let you know beforehand and give you the chance to correct the situation. Once the cause is gone, we'll restore access.

9.Availability and support

9.1. Free trial. It is provided without a service level agreement (SLA) or any availability guarantee.

9.2. Paid plans. We will make reasonable efforts to keep the Service available. We don't offer an SLA with service credits unless agreed in writing. Support: soporte@vitalnodo.com.

9.3. Alerts. Alerts are generated from the data the agents send and depend on the machine's connectivity, on our providers and on email delivery. They may be delayed or not arrive at all. To avoid flooding your inbox we group emails (at most one per machine and alert type every 6 hours). The Service does not replace backups, antivirus or other security or business continuity measures. The security posture is based on what the operating system itself reports, is updated roughly every 6 hours and may not detect every product or configuration: it is not a security audit.

9.4. Maintenance and changes. We may update, improve or modify features. If we remove an important feature from a paid plan, we'll give you reasonable advance notice.

10.The agent and its updates

10.1. The agent needs administrator permissions to install as a system service. You are responsible for testing it in your environment before deploying it at scale.

10.2. The agent updates itself automatically with versions signed by us. You can uninstall it at any time with its uninstall command. Removing a machine in the app makes the Service stop accepting its reports.

10.3. We grant you a limited, non-exclusive, non-transferable and revocable license to install and use the agent only with the Service and while your account is active.

11.Intellectual property

11.1. The Service, the agent, the Vitalnodo brand and their content belong to Karim Boulares or his licensors. These terms don't transfer any rights in them to you, other than the license of use described.

11.2. Your data is yours. You keep all rights to the data about your machines and clients. You only grant us the permission necessary to process it in order to provide you with the Service.

11.3. If you send us suggestions, we may use them freely with no obligation to compensate you.

12.Warranties and limitation of liability

12.1. The Service is provided "as is" and "as available". To the extent permitted by law, we don't guarantee that it will be uninterrupted, error-free or that it will detect every problem on your machines.

12.2. To the extent permitted by law, we are not liable for lost profits, data loss, business interruption or indirect or consequential damages.

12.3. Our total liability for any claim related to the Service is limited to the amount you paid for the Service in the 12 months before the event giving rise to it or, during the free trial, to USD 100.

12.4. These limitations don't apply where the law doesn't allow liability to be limited, in particular in cases of willful misconduct or gross negligence, nor to the non-waivable rights granted to you by consumer protection law.

13.Indemnification

To the extent permitted by law, you will hold us harmless against third-party claims (including the owners and users of the machines) arising from installing the agent without the proper authorization, from breach of section 6 or from the lack of a legal basis for the processing you decide on.

14.Term, termination and data deletion

14.1. These terms apply for as long as you have an account.

14.2. Termination by you. You can delete your account at any time from Settings › Privacy & data (the owner, with password and, if enabled, a 2FA code). Before that, you can export the account data as JSON. Deletion doesn't entitle you to a refund of the current period, except as provided in section 5. Deleting the account doesn't cancel the subscription in Gumroad: cancel it there as well to avoid further charges (if you had an active subscription, we'll email you the link to do so).

14.3. Termination by us. We may terminate your account for a serious or repeated breach of these terms, with prior notice except in an emergency or where prohibited by law, and we'll give you at least 15 days to export your data unless there is a legal or security reason not to. We may also stop providing the Service altogether, with at least 60 days' notice and a refund of the proportional part of prepaid periods not used.

14.4. Deletion. When the account is deleted, we immediately delete the data from the Service's database and the uploaded icons, and the agents are no longer accepted. Automatic recovery backups may keep them for up to 30 days. Agents already installed don't uninstall themselves: uninstall them from the machines.

14.5. Sections 11, 12, 13, 15 and 16 survive termination.

15.Changes to these terms

We may modify these terms. If the changes are significant, we'll let you know by email or in the app at least 30 days in advance. If you don't agree, you can delete your account before they take effect. Continuing to use the Service after that date means you accept the new terms.

16.Governing law and jurisdiction

These terms are governed by the laws of the Republic of Honduras. Disputes will be submitted to the courts of Tegucigalpa, unless a mandatory consumer protection rule gives you the right to bring a claim before the courts of your place of residence. Before going to court, we ask that you write to us to try to resolve it in good faith.

17.General provisions

• If a clause is held invalid, the rest remains in force.
• You may not assign your account without our consent. We may assign these terms in a reorganization or sale of the business, with prior notice.
• Neither party is liable for failures caused by force majeure.
• Communications will be made by email to the account's address and, in our case, to hola@vitalnodo.com.

18.Contact

Operator

Karim Boulares · Tegucigalpa, Honduras

General and legal

hola@vitalnodo.com

Support

soporte@vitalnodo.com

Security

seguridad@vitalnodo.com