Terms of Service

These terms apply to the paid subscription for Nyxtrace Pro (“Pro”), including the licence keys and seats it is sold with, purchased through the Nyxtrace licence portal at portal.nyxtrace.com. They do not apply to the free, open-source Nyxtrace core, which is licensed under AGPL-3.0 and used at your own risk without a purchase (see section 9). Where a term of a specific order at checkout differs from this page, the order confirmation controls for that order.

The provider of Nyxtrace and the Pro subscription is Jannik Schröder, Talleweg 10, 33104 Paderborn, Germany, trading as MTXDNS — a business name of a sole trader, not a registered company. Full contact and identification details are in the Imprint. Email for anything to do with the subscription: [email protected].

Nyxtrace is offered in two parts. The core is free and open source under AGPL-3.0; anyone can download, run and modify it without an account or a payment. Pro is a paid subscription that unlocks additional modules and server-side services on top of the core — see the editions documentation for the current module split.

A Pro subscription is issued as a licence key. The key itself carries no rights; it identifies a subscription whose entitlements live on our licence server and are checked periodically by your installation. Each subscription includes a number of seats — one seat per activated installation, bound by an installation identifier, not by hardware. Details of the online check and the grace period are in section 5 and the licensing documentation.

Pro is ordered through the checkout at portal.nyxtrace.com, operated with Stripe as the payment processor. A subscription is billed monthly in advance in US dollars; the plan, its price, its included seats and any applicable tax are shown at checkout before you confirm payment, and the price shown there — not any figure quoted elsewhere on this site — applies to your order. A contract is formed when the payment is confirmed and the licence key is issued.

Additional seats beyond a plan’s included number, where offered, are billed per seat per month alongside the base plan. The plans currently offered are:

• Basic — one seat included
• Tier 35 — two seats included
• Tier 55 — four seats included

Tax: Depending on the provider’s registered tax status at the time, prices may be shown with no VAT added (small-business rule, § 19 UStG), with German VAT added, or with VAT handled automatically for your billing country. Checkout always states which applies to your order before you pay.

A subscription runs for one month at a time and renews automatically for a further month unless cancelled. You can cancel at any time through the Customer Portal linked from the licence portal; cancellation takes effect at the end of the current billing period — there is no pro-rata refund for the unused part of a period you have already paid for. We may cancel or suspend a subscription for non-payment or for material breach of these terms, with notice where practicable.

When a subscription ends, its licence key stops renewing entitlement tokens. Because installations hold a short-lived signed token rather than checking the server on every request, Pro features keep working for a grace period of 72 hours after the period end before they fall back to the free core. This grace period exists for planned and unplanned server outages as much as for the end of a subscription; it is not an extension of the paid term.

If you are a consumer (acting for purposes outside any trade, business or profession) and contract from within the EU, the EEA or the UK, you have the right to withdraw from this contract within 14 days without giving a reason. The period runs from the day the contract is concluded (the day of your order). This right does not apply if you are purchasing as a business.

To exercise it, send an unambiguous statement of withdrawal (for example by email) to [email protected] before the period ends; using the model form below is optional. If you have expressly asked for the licence key to be issued and the service to begin before the withdrawal period ends, and acknowledged that you thereby lose the right of withdrawal once the service has been fully performed, that acknowledgment applies once we have provided the key and the subscription period it covers has run its course; up to that point, withdrawal remains available and any amount already paid for the unused part of the period is refunded.

Nyxtrace runs as your own self-hosted appliance; the software and the data it collects stay on your infrastructure. Updates to the appliance, and Pro model and threat-intel content, are signed by us and verified by your installation before being applied, so an update cannot be substituted in transit. The free core is provided without an uptime or availability guarantee for the licence server, the update feed or any other online service it may reach; a temporary inability to reach those services does not, on its own, impair the appliance’s core detection functions.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under mandatory provisions of the German Product Liability Act. For slight negligence, we are liable only for the breach of a material contractual obligation (one whose fulfilment makes proper performance of the contract possible in the first place and on which you may reasonably rely), and in that case limited to the loss typically foreseeable for a contract of this kind. Liability beyond this is excluded. This limitation applies equally to the personal liability of our employees, representatives and agents.

How we process personal data in connection with this website, the licence server and the portal — including the registration and telemetry every installation sends — is described in the Privacy policy, which forms part of these terms.

The Nyxtrace core is licensed to you under the GNU Affero General Public License, version 3.0 (AGPL-3.0). Nothing in these terms restricts the rights that license grants you over the core. The Pro modules are proprietary, are not covered by the AGPL-3.0 and are licensed to you separately, for the term of your subscription, under the terms in this document and the licensing documentation; they may not be redistributed or used beyond the seats your subscription covers.

These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you are habitually resident.

We may update these terms — for example when a new plan, payment method or tax mode is added. Changes are published on this page with an updated date and, once we have an effective payment relationship with you, announced by email or through the portal in advance of taking effect for existing subscriptions. If you do not agree to a material change, you may cancel as described in section 5.

Questions about a subscription, an invoice or these terms: [email protected]. Full provider identification is in the Imprint.