Panilux End‑User License Agreement
This agreement governs the terms for using Panilux software and services.
Definitions
- Panilux: The legal entity providing the software and related services.
- User/Customer: The natural or legal person using Panilux software.
- Service: Software, updates, maintenance, support, hosting and related components.
- Data: Any content, logs, configuration and personal data belonging to the User.
- SLA: Any service level commitments agreed separately in writing.
-
Confidential Information: Information identified as confidential or reasonably deemed confidential.
License and Restrictions
- Panilux grants a non‑exclusive, non‑transferable,
non‑sublicensable limited license for personal/business use, limited to the purchased plan and scope.
- License keys may be bound to a server, domain, and/or
IP or MAC addresses; Panilux may perform telemetry and
license verification calls to validate compliance.
- Reverse engineering, decompilation, disassembly, publishing benchmarks, competitive use, hardware lock circumvention and bypassing technical protection are
prohibited (except where mandatory by law).
- License transfers require prior written consent of Panilux.
Installation, Updates and Changes
- Panilux may
update, modify or discontinue the software at any time. No commitment to backward compatibility is given for older versions.
- Feature changes, roadmap and release plans are at Panilux’s
discretion. Critical security updates may be applied without User action.
Fees, Renewal and Refunds
- Services are prepaid and
no cash refunds are provided. No refunds or set‑offs for partial periods, setup/activation, usage or promotions. Trial/free licenses are provided
“as is”.
- Subscriptions
auto‑renew. Cancellations take effect at the start of the next billing cycle; no refunds for the remaining portion of the current term.
- Taxes, duties and charges are borne by the User; tax changes may be reflected on invoices and
taxes are non‑refundable.
- In case of
payment disputes/chargebacks, Service may be suspended; any fees, costs and reasonable collection expenses shall be borne by the User. Billing disputes must be raised within
5 days.
- Panilux may, at its sole discretion, issue service credits; such credits are
not redeemable for cash and do not constitute a refund.
- Service credits are
non‑transferable/non‑assignable and apply only to future Panilux invoices for the same account. They are not applicable to
taxes, third‑party fees or past‑due balances.
- Service credits expire after 90 days from issuance unless otherwise stated; they
bear no interest and may not be combined with promotions/discounts.
- Upon breach/default, Panilux may cancel credits; credits cannot be used to
offset chargebacks/payment disputes.
- Mandatory consumer protection rules prevail; to the extent permitted by law,
no refund obligation applies.
Suspension and Termination
- For license violations, payment issues, security risks, unlawful use, excessive resource consumption or third‑party complaints, Panilux may
immediately suspend or terminate Service upon notice.
- Upon termination, the User’s access ceases and Panilux has no data retention obligation; backups are the User’s responsibility.
Service Level and Support
- Unless a separate SLA applies, support is on a
reasonable efforts basis only. No outage credits or penalties apply.
- Planned maintenance windows occur at appropriate times at Panilux’s discretion.
Data, Privacy and Security
- If a processor relationship exists, the
Data Processing Agreement (DPA) prevails. Otherwise, the User acts as controller and is responsible for lawful processing (notices, consent, transfers, etc.).
- For personal data, cookies and processing principles, see the
Privacy Policy.
- Panilux applies reasonable administrative/technical measures but does not guarantee
absolute security. Server hardening, passwords and access controls are the User’s responsibility.
- Third‑party components (libraries, payment providers, plugins) are subject to their own licenses and policies; Panilux is not responsible for related risks.
Warranty Disclaimer
- Services are provided “as is” and
“as available”. Implied warranties (merchantability, fitness for a particular purpose, non‑infringement) are
disclaimed.
- Performance may be affected by third‑party networks and the User’s infrastructure; Panilux is not responsible for such external factors.
Limitation of Liability
- Panilux shall not be liable for outages, data loss, performance degradation or similar damages arising from the following
external causes: User error or misconfiguration; insufficient hardware/capacity; issues attributable to third‑party software, libraries, plugins, payment/communications/identity/auth providers and network infrastructure; hardware incompatibility, manufacturing defects, environmental impacts and/or
power outages; planned/unplanned maintenance or negligence by the
data center or hosting/telecom providers where servers are located.
- Panilux’s aggregate liability is limited to the portion of fees paid by the User in the preceding
12 months for the affected Service.
- Indirect, special, punitive,
consequential damages, and lost profits/data or
business interruption are excluded.
- These limitations apply to the extent permitted by mandatory law.
Indemnification
- The User shall indemnify Panilux for losses arising from unlawful use, third‑party claims of infringement, content/configuration issues, license breaches and non‑payment, including reasonable attorney and court fees.
Compliance, Export and Sanctions
- The User agrees to comply with export control and sanctions laws. Panilux may
immediately suspend Service for use by restricted countries/persons.
Audit and Compliance
- To verify license compliance, Panilux may conduct
remote verification and, at reasonable intervals, on‑site audits.
Assignment and Changes
- Panilux may
assign this Agreement freely. The User may not assign without Panilux’s written consent.
- Panilux may update and/or modify this Agreement and policies at any time, with or without notice, in its sole discretion; updates take effect upon publication. Continued use constitutes acceptance.
- In addition to general terms, Panilux may define supplemental/special terms applicable to specific users/accounts/orders/projects and may update such special terms individually. In case of conflict, such special terms prevail to the extent of the conflict.
Force Majeure
- No liability for events beyond reasonable control (natural disasters, war, riots, terrorism, pandemics, government acts, power/infrastructure outages, etc.).
Governing Law and Jurisdiction
- Governing law: Republic of Türkiye.
- Exclusive jurisdiction: Istanbul Central Courts and Enforcement Offices.
- For consumer transactions, mandatory consumer‑protection rules and the competent
Consumer Courts/Boards prevail; the above limitations apply only
to the extent permitted by such laws.
Miscellaneous
- Invalidity of any provision shall not affect the remaining provisions.
- Electronic approvals and notices satisfy written form requirements.