1. Scope and Acceptance

This End User License Agreement (the "EULA") governs your access to and use of Pemarks (the "Service"), operated by pemarks.com ("Pemarks", "we", "us", "our"). By creating an account, clicking acceptance, or using the Service, you agree to this EULA. If you do not agree, you must not use the Service.

2. Service Principles and Commitment

Pemarks is built to help researchers, OSINT professionals, journalists, legal practitioners, and other users preserve web content as a reliable historical record and reduce link rot over time. We are strongly committed to operating the Service fairly, responsibly, and in good faith.

In practical terms, we aim to use commercially reasonable efforts to:

• improve archive fidelity and durability;
• operate and monitor platform reliability and security;
• communicate material incidents and major changes in a transparent manner;
• offer practical tools for users to manage and export their own records.

3. Mission Commitment Is Not a Legal Guarantee

The commitments above describe our operating intent only. They do not create any promise, warranty or guarantee of uninterrupted availability, permanent retention, admissibility in legal proceedings, evidentiary sufficiency, or fitness for any specific use.

4. License Grant

Subject to this EULA, Pemarks grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose. No ownership rights are transferred to you.

You may not copy, reverse engineer, decompile, disassemble, resell, lease, distribute, or create derivative works from the Service except as expressly permitted by applicable law.

5. Account Security and Access Control

You are responsible for maintaining the confidentiality of your credentials and for all activities performed through your account. You must promptly notify Pemarks of unauthorized access or security incidents affecting your account.

6. Service Availability, Retention, and No SLA

The Service is provided on an "as is" and "as available" basis. We do not provide any service-level agreement unless explicitly stated in a separate written contract signed by Pemarks. Outages, delays, failed captures, missing captures, corrupted captures, data loss, and access interruptions may occur.

You acknowledge and accept that Pemarks may be unavailable at any time, including during periods when you need access, including legal, regulatory, investigative, research, journalistic, or commercial deadlines.

7. Third-Party Dependencies and Source Limitations

Capture and access quality depend on third-party systems and external conditions outside our control, including websites, DNS infrastructure, content delivery networks, browser engines, hosting providers, anti-bot controls, authentication walls, paywalls, API changes, takedowns, and legal restrictions. Pemarks is not liable for failures, distortions, or omissions caused by such factors.

8. No Warranties

To the maximum extent permitted by applicable law, Pemarks disclaims all warranties, express, implied, statutory, or otherwise, including without limitation:

• merchantability;
• fitness for a particular purpose;
• non-infringement;
• accuracy, integrity, authenticity, completeness, or timeliness of captures;
• continuous availability, recoverability, or long-term preservation.

9. Evidence Use, Legal Use, and High-Stakes Workflows

You are solely responsible for evaluating whether the Service is appropriate for your use case. Pemarks does not provide legal advice, forensic certification, or expert-witness services. Pemarks does not guarantee chain of custody, evidentiary admissibility, evidentiary weight, authenticity presumptions, or procedural acceptance by any court, authority, or tribunal. You must maintain your own backup, export, and contingency processes for any critical workflow. Pemarks is not your sole recordkeeping system, disaster recovery system, legal evidence chain system, or business continuity solution.

10. User Content and Compliance

You are solely responsible for all URLs, content, data, and materials you submit to or process through the Service. You represent and warrant that your use complies with all applicable laws, regulations, contracts, intellectual property rights, privacy rights, and platform terms.

Pemarks may suspend, restrict, or terminate access where we reasonably believe misuse, illegality, abuse, or security risks exist.

11. Data Retention, Deletion, and User Backups

You remain responsible for keeping independent copies of all data and archives you consider important. While we may offer export and retrieval features, you acknowledge that retention and retrieval may be limited by technical, legal, or operational constraints. Pemarks may delete or restrict content where required by law, policy enforcement, security needs, storage management, or account status changes.

12. Indemnification

You agree to defend, indemnify, and hold harmless Pemarks and its officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• your use of the Service;
• your content or data;
• your violation of this EULA or applicable law;
• your infringement or misappropriation of any third-party right.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Pemarks will not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to loss of data, loss of evidence, loss of business, loss of profits, loss of opportunity, reputational harm, legal strategy disruption, court-related impact, or third-party claims.

To the maximum extent permitted by applicable law, Pemarks' total aggregate liability for all claims relating to the Service or this EULA will not exceed the total fees actually paid by you to Pemarks for the Service in the twelve (12) months preceding the event giving rise to the claim. If you paid no fees, Pemarks' aggregate monetary liability is limited to CHF 50.

These limitations apply regardless of the legal theory (contract, tort, strict liability, negligence, or otherwise) and even if a remedy fails of its essential purpose.

Nothing in this EULA excludes or limits liability that cannot be excluded or limited under applicable law.

14. Force Majeure

Pemarks is not liable for delay, failure, unavailability, or data-impacting events caused by circumstances beyond reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, infrastructure failure, internet backbone disruption, cloud provider outages, government action, legal orders, cyberattacks, or widespread software vulnerabilities.

15. Claim Time Limit

To the maximum extent permitted by applicable law, any claim arising out of or relating to this EULA or the Service must be brought within one (1) year after the cause of action arose, or it is permanently barred.

16. Changes, Suspension, and Termination

We may modify, suspend, or discontinue all or part of the Service at any time, with or without notice. We may update this EULA from time to time. Continued use after an update means you accept the updated terms.

17. Governing Law and Jurisdiction

This EULA and any non-contractual obligations arising out of or in connection with it are governed by Swiss law, excluding conflict-of-law rules. The ordinary courts of Lausanne, Switzerland, have exclusive jurisdiction, subject to any mandatory venue rights that cannot legally be waived.

18. Miscellaneous

If any provision of this EULA is held unenforceable, the remaining provisions remain in full force. Failure to enforce any provision is not a waiver. This EULA constitutes the entire agreement between you and Pemarks regarding the Service unless replaced by a separate written agreement signed by Pemarks.