Terms of Service | plasmatic

The short version. These terms are the agreement between you and plasmatic dev for our website, ZeroDay and anything you buy from us. ZeroDay is free; paid plans renew until you cancel, and you can cancel at any time. Our products reduce risk, but no security product catches every threat, so keep backups and other sensible protections in place. Product-specific documents, such as the EULA, add detail and form part of this agreement.

1. About these terms

These Terms of Service (“Terms”) are a binding agreement between you and plasmatic dev (“plasmatic”, “we”, “us”, “our”). They cover your use of plasmatic.dev and its subdomains (the “website”), the ZeroDay desktop app (“ZeroDay”) and any digital goods, licences or subscriptions you buy from us. Together we call these the “Services”.

By using the Services, creating an account or completing a purchase, you agree to these Terms. If you use the Services on behalf of a company or other organisation, you agree on its behalf and confirm that you have authority to do so; “you” then means that organisation as well as you personally.

If you do not agree to these Terms, please do not use the Services.

2. Other documents that apply

Depending on what you use, these documents also form part of your agreement with us: the ZeroDay EULA, the Acceptable Use Policy, the Refund Policy, any licence terms shown for a specific digital good, and any order form or agreement you sign with us. Our Privacy Policy and Cookie Policy explain how we handle personal data and browser storage.

If documents conflict, the more specific one wins for its subject: first a signed order form or agreement, then the product-specific terms (the EULA or a product licence), then these Terms.

3. Eligibility

To create an account or buy anything from us, you must be at least 18 years old (or the age of majority where you live) and able to enter into a binding contract.
ZeroDay can be installed on a device used by a younger person, provided the parent, guardian or device administrator who installs it accepts the EULA.
You may not use the Services if you are located or ordinarily resident in a country subject to comprehensive sanctions, are on a government list of restricted parties, or are otherwise barred from receiving the Services under applicable law.

4. Accounts

You do not need an account to use ZeroDay. You do need one for some purchases. If you create an account:

Give us accurate information and keep your email address up to date; that is where we send receipts, security notices and notice of changes.
Keep your login details secure and do not share them. You are responsible for activity under your account. If you think it has been compromised, tell us at [email protected] straight away.
You may close your account at any time by contacting [email protected]. Closing an account does not cancel amounts already due.

We may refuse to open, or may close, an account that breaks these Terms or the Acceptable Use Policy.

5. Digital goods

We sell downloadable digital products and licences (“digital goods”) on the website. For each one:

What you get. The product page describes the product and any limits on how you can use it. Licence terms specific to the product are shown on the product page or at checkout.
Delivery. Digital goods are delivered electronically, by download link, licence key or account access, normally straight after your payment is confirmed. Nothing is shipped physically. If you have not received your purchase within 24 hours, contact [email protected].
Licence, not sale. When you buy a digital good you receive a licence to use it on the terms that apply to that product; you do not buy the underlying intellectual property. Unless the product licence allows it, you may not resell, share or publish the product or its licence keys.
Updates. Unless the product page says otherwise, your licence covers the version you bought and any updates we choose to provide for it.
Pricing errors. If a product was clearly listed at the wrong price, we may cancel the order and refund you in full, even after you have received a confirmation.
Refunds. See the Refund Policy, which also explains the statutory right of withdrawal for consumers in the EU and UK and how it applies to immediate digital delivery.

6. Subscriptions

For paid subscriptions:

Billing periods. You can pay monthly or annually. Annual billing is priced at ten times the monthly price, so you get two months free.
Automatic renewal. Paid subscriptions renew automatically at the end of each billing period, for the same length of period and at the price then in effect, until you cancel. Before an annual plan renews, we will email a reminder to your account email address.
Cancelling. You can cancel at any time. Cancellation takes effect at the end of the current billing period: you keep access until then, and you will not be charged again. Refunds are covered by the Refund Policy.
Upgrades and downgrades. Upgrades take effect immediately, and we charge the prorated difference for the rest of the current period. Downgrades take effect at the start of the next billing period, so make sure your usage fits within the lower plan’s limits.
Price changes. We will give you at least 30 days’ notice before a price increase applies to your subscription. It takes effect from your next renewal after that notice, and you can cancel before then if you do not want to continue.

7. Billing, renewal and taxes

Payment processor. Payments are handled by a third-party payment processor. You give your card or payment details to the processor, not to us, and their terms and privacy notice also apply to the payment. We never receive or store full card numbers; we may receive limited details such as card type, the last four digits, expiry date and billing country so that we can manage your billing.
Authorisation. You authorise us, through our processor, to charge your payment method for each purchase and for subscription fees at the start of each billing period.
Currency. Prices are in US dollars unless shown otherwise.
Taxes. Prices exclude taxes unless stated. We add VAT, GST, sales tax or similar taxes where the law requires, based on your billing details. Business customers should provide a valid tax ID where a reverse charge or exemption applies. If the law requires you to withhold tax from a payment, you will increase the payment so that we receive the full amount.
Failed payments. If a payment fails, we will let you know and may retry it. If it is not resolved, we may move your account to the free plan or suspend paid features until it is.
Billing questions. If you think we charged you incorrectly, contact [email protected] within 60 days of the charge so we can investigate. This does not limit any rights you have under law.

8. Licences and restrictions

Subject to these Terms, we give you a limited, non-exclusive, non-transferable and revocable licence to access and use the website for its intended purpose. Your rights to use ZeroDay are set out in the EULA, and your rights to use a digital good in its product licence.

Unless the applicable licence or the law expressly allows it, you may not:

copy, modify, distribute, sell, rent, lease or sublicense any part of the Services;
reverse engineer, decompile or disassemble our software, except to the extent the law permits this despite a contractual restriction, or as allowed for good-faith research under our disclosure policy;
remove or alter any copyright, trademark or other notices;
get around quotas, rate limits, licence checks or other technical limits;
use the Services to copy our features or rebuild our detection data in order to offer a competing service; or
use the Services in a way that breaks the Acceptable Use Policy.

We reserve all rights not expressly granted to you.

9. Our intellectual property

The Services, including our software, detection engine, signatures and definitions, documentation, website content and design, and the plasmatic and ZeroDay names and logos, belong to us or our licensors and are protected by intellectual property laws. These Terms do not give you any rights in our trademarks. You may refer to our products by name accurately, but please do not use our names or logos in a way that suggests we endorse or partner with you unless we have agreed to it in writing.

10. Your content

“Your content” means anything you send us through the Services, such as samples shared from ZeroDay if you turn on Sample sharing, and support messages. You keep ownership of your content.

You give us a worldwide, non-exclusive, royalty-free licence to host, copy, analyse and otherwise process your content only as needed to provide, secure and improve the Services, as described in the EULA and the Privacy Policy. Those documents also explain how long we keep it. You confirm that you have the right to share your content with us and that our processing it as described will not break the law or anyone else’s rights.

Because our products deal with malware, content you send may be harmful. Only send us content you know to be malicious in order to have it analysed or to report it.

11. Feedback

If you send us ideas, suggestions or other feedback about the Services, we may use it freely, without any obligation to you, and we are not required to act on it. This applies to the feedback itself only; it gives us no extra rights in your content, your confidential information or your own intellectual property.

12. Third-party services

The Services rely on, or may link to, services provided by others, such as our payment processor, hosting providers and websites we link to. Your use of those services is governed by their own terms and privacy notices, and we are not responsible for their content or practices.

13. Disclaimers

No security product catches every threat. ZeroDay is designed to detect and block malicious software, but it cannot guarantee to detect every threat, especially new or targeted ones. It can also produce false positives (flagging a safe file) and false negatives (missing a harmful one), and blocking, quarantining or removing a file can affect your data or other software. Keep regular backups, keep your systems updated and use other sensible security measures alongside our products.

Verdicts and other results are assessments based on the information available to us at the time, and they may change as we learn more. They are not a guarantee that a file, URL or system is safe or unsafe.

To the fullest extent the law allows, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

Nothing in these Terms affects rights you have as a consumer that cannot be excluded by law, such as the right in the EU and UK for digital content to be of satisfactory quality, fit for purpose and as described.

14. Limitation of liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be limited or excluded by law.

Subject to that:

Neither you nor we will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or in connection with the Services or these Terms, even if advised of the possibility.
Our total liability for all claims arising out of or in connection with the Services or these Terms is limited to the greater of (a) the amounts you paid us for the Service giving rise to the claim in the 12 months before the event that caused it, and (b) USD 100.
These limits do not apply to your obligation to pay fees, your breach of the Acceptable Use Policy, or your obligations under section 15.

If you are a consumer in the EU or UK: we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. If defective digital content that we supplied damages a device or other digital content belonging to you, and this happened because we did not use reasonable care and skill, we will either repair the damage or pay you compensation. The cap above does not reduce these rights.

15. Indemnity

If you use the Services for business purposes, you will defend and indemnify us, our affiliates and our personnel against third-party claims, and the resulting losses and reasonable costs, arising from: (a) your content, including any claim that you had no right to submit it; (b) your breach of these Terms or the Acceptable Use Policy; (c) your products or services, including claims by your end users; or (d) your breach of law. We will tell you promptly about any such claim, let you control its defence and cooperate reasonably at your expense. You will not settle a claim in a way that admits fault on our behalf or imposes obligations on us without our written consent. This section does not apply to consumers, except to the extent the law allows.

16. Suspension and termination

By you. You can stop using the Services at any time: cancel subscriptions as described in section 6, close your account by contacting support, and uninstall ZeroDay.
By us. We may suspend or end your access to all or part of the Services if you materially breach these Terms or the Acceptable Use Policy, do not pay amounts due, create a security risk or legal exposure for us or others, or if the law requires it. Where reasonable, we will give you notice and a chance to fix the problem first, but we may act immediately in urgent cases such as an active attack or abuse.
Discontinuing a Service. If we discontinue a paid Service, we will give you at least 30 days’ notice and refund any prepaid fees for the unused period.
What happens next. When your access ends, the licences for that Service end and any amounts already due remain payable. Licences for digital goods you have paid for continue under their own terms unless we end them because you breached those terms. We handle your data as described in the Privacy Policy. Sections 9 to 11 and 13 to 19 continue to apply.

17. Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or the Services, are governed by the laws of the United Kingdom, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. If you have a concern, email [email protected] with a description of the issue. Both of us agree to try in good faith to resolve it informally for 30 days before starting formal proceedings, except where either of us needs urgent relief, for example to protect intellectual property or stop an attack.

Courts. The courts of the United Kingdom have exclusive jurisdiction over any dispute that is not resolved informally. If you are a consumer, you may also bring proceedings in the courts of the country where you live, and you keep the benefit of any mandatory consumer protection laws of that country.

18. Changes to these terms

We may update these Terms and will post the new version here with a new “Last updated” date. If a change is material, we will tell account holders by email or with a notice on the website at least 30 days before it takes effect, unless a shorter period is needed for legal or security reasons.

If you keep using the Services after a change takes effect, the updated Terms apply; if you do not agree, stop using the Services before then. If a material change is to your detriment and affects a paid subscription, you can cancel before it takes effect and we will refund prepaid fees for the unused remainder of your term.

We may also change the Services over time. We will not materially reduce the core functionality of a paid plan during a term you have already paid for.

19. General

Entire agreement. These Terms and the documents listed in section 2 are the whole agreement between you and us about the Services.
Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours as part of a merger, acquisition or sale of assets, and will tell you if we do; your rights will not be reduced as a result.
Events outside our control. Neither of us is responsible for failing to perform an obligation (other than payment) because of events outside our reasonable control.
Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.
Notices. We send notices to your account email address or, if you have no account, post them on the website. Legal notices to us go to [email protected].
Relationship and language. These Terms create no partnership, employment or agency relationship, and no third party has rights under them. If we provide a translation, the English version prevails to the extent the law allows.

20. Contact

plasmatic dev

Questions about these Terms: [email protected]
Orders, billing and help: [email protected]
Privacy: [email protected]
Security issues: [email protected]