Terms of Service

These terms are an agreement between you and Alifanov Consulting, established in Norway, which operates Photon Now (“we”, “us”). Our address, organisation number and contact details are on the provider information page. They apply from the moment you create an account or use the service.

Two other documents are part of this agreement: the Acceptable Use Policy, which says what the service may not be used for, and the Data Processing Agreement, which governs personal data we process on your behalf. The Privacy Policy is not part of this contract — it is the notice we owe you about data we control ourselves.

If you accept these terms on behalf of a company or other organisation, you confirm you are authorised to bind it, and “you” means that organisation. If you were invited into an existing organisation, that organisation is our customer and has accepted these terms for its account; you use the service under its agreement, and the Acceptable Use Policy applies to you directly.

Photon Now is a platform for managing fleets of connected devices. You install our agent on devices you control; the agent connects to our servers; and through the dashboard you can run commands and automated flows on those devices, distribute files to them, open remote sessions to services running on them, and monitor their health.

We may change or add to features, and may withdraw a feature, where we have a valid reason — security, a legal requirement, a change at a provider we depend on, or the technical evolution of the service — at no extra cost to you. If a change materially reduces what you can do with the service, we will email you at least 30 days beforehand; you may cancel before it takes effect and receive a refund of any prepaid amount covering the period after cancellation, and if you are a consumer you may also end the agreement free of charge within 30 days of that email or of the change taking effect.

You must give accurate account details and keep them current. You are responsible for what happens under your account and for keeping your credentials, your recovery codes and your device tokens secret.

Tell us at security@photonnow.com as soon as you believe an account, a device token or a tunnel has been compromised. Deleting a device revokes its access immediately; resetting your password signs out every session.

By enrolling a device you instruct and authorise us to accept its connection, to communicate with it, and to carry out on it the operations you request through the service. That includes running commands and scripts, installing and updating software, transferring files, reading logs and system state, restarting services and the device itself, opening interactive terminal sessions, and publishing a service running on the device to the internet through our tunnel gateway.

This authorisation is the basis on which we act, and it comes with conditions you must meet:

• You warrant that you own each device you enrol, or are otherwise entitled to exercise administrative control over it, and that you have every consent, notice and legal basis needed for us to do these things to it.
• Where a device is used by a person — an employee, a contractor, a household member, a customer using a kiosk or a shared device — you are responsible for telling them what you monitor and what you can do remotely. We have no relationship with them and cannot tell them for you.
• You must remove a device from Photon Now when you cease to be entitled to control it.

You may withdraw the authorisation for any device at any time by deleting it from your organisation, which revokes its access immediately.

We act on this authorisation only to deliver the service to you and to meet our legal obligations. We do not use your devices for our own purposes, and our staff do not access your devices except where you ask us to help and we agree the scope with you first. Where we must act to stop an active security incident or abuse, we disconnect the device or suspend the tunnel or the account (Acceptable Use Policy, section 5); we do not run operations on your device for that purpose.

The Acceptable Use Policy is part of this agreement. In short: do not use Photon Now to reach systems you are not entitled to control, to run malware or covert surveillance, or to break the law. A breach of that policy is a breach of these terms, and because live abuse of a remote-access platform cannot wait for a notice period, we may suspend immediately (section 10).

Everything you and your devices put into Photon Now — device data, command output, logs, files you publish, flows and schedules you author — remains yours. You grant us only the licence we need to host, transmit, process and display it in order to run the service for you, and to keep backups.

Where that data contains personal data and you use the service for a business or another organisation, we process it as your processor under the Data Processing Agreement; if you use it purely for personal or household purposes, the Privacy Policy describes how we handle it instead. We do not use your data to train models, we do not sell it, and we do not use it to market to anyone.

You are responsible for what your fleet sends us.

Photon Now has a permanent free tier. Beyond it you buy seats — a recurring subscription — and, separately, prepaid data allowance. The price, and the currency you will be charged in, are shown before you buy.

• Seats renew automatically at the interval and price shown at checkout, until you cancel. You can cancel at any time from the billing screen; cancellation takes effect at the end of the period you have already paid for, and we will not charge you again.
• Data top-ups are prepaid and expire. They are a one-off purchase, not a subscription. The validity period is shown before you buy, and any unused balance is lost when it expires.
• We never charge you for data automatically. When your allowance reaches zero, the features that draw on it pause until you top up or your monthly allowance renews. There is no overage, so there is no surprise bill.
• Reducing your seats reduces your capacity. If you cancel or reduce your seats, devices and users above the new limit are disabled rather than deleted; your data stays, and re-subscribing restores them.

Purchases are sold through Link, LLC, a Stripe company, which is the merchant of record: it takes your payment, works out any VAT or sales tax due from the billing address you give at checkout, shows you the total including that tax before you pay, and emails you the receipt or tax invoice. If you buy for a business, you can give your business details and VAT number at checkout.

We may change prices to reflect changes in our costs, in taxes, or in what the service includes. A change applies to you only from your next renewal after at least 30 days’ emailed notice, and you may cancel before that renewal.

This section applies if you buy as a consumer — that is, mainly outside your trade or profession. It does not limit your statutory rights; it explains them.

• You have 14 days from the day you buy to withdraw from that purchase, without giving a reason, under the Norwegian Right of Withdrawal Act (angrerettloven). Tell us at hello@photonnow.com — you may use the standard form below, but any clear statement is enough — and we arrange a full refund within 14 days, to the payment method you paid with. You can also ask Link support, using the link in the receipt Link emailed you.
• After a purchase made at checkout, we email you a confirmation that repeats this section and includes the standard withdrawal form.
• You can cancel a subscription online, at any time, from the billing screen. We will never make you telephone or email us to stop paying.

Standard withdrawal form. To use it, copy the text below into an email to hello@photonnow.com and fill in the details:

Outside the withdrawal right, fees already paid are not refundable, except where the law says otherwise or where this agreement says we will refund you: a withdrawn feature (section 2), a change you do not accept (section 13), a transfer of the agreement you do not accept (section 15), or a sub-processor you object to (section 5 of the Data Processing Agreement).

We work to keep Photon Now available and we will tell you about planned maintenance that we expect to interrupt the service. We do not currently offer a service level agreement or an uptime guarantee.

Photon Now is not designed or certified for use where failure could lead to death, personal injury or severe environmental damage — life support, aircraft, nuclear facilities and similar. Do not use it that way.

We hold no security certification such as SOC 2 or ISO 27001. What we do to protect the service is described in the Privacy Policy and, for business customers, the DPA.

You may stop using Photon Now and close your account at any time. Write to hello@photonnow.com and we will close it and delete your data as described in the DPA (for your fleet’s data) and in the Privacy Policy (for your account).

We may suspend or end your access if you materially breach this agreement, if you do not pay, or if we are legally required to. Except where the breach is live abuse of the kind the Acceptable Use Policy (section 5) lets us stop at once, or where we must otherwise act immediately to protect others, we will give you notice and a reasonable chance to fix the problem first.

Abuse of a remote-access platform is the exception: where we see it live, we may suspend immediately and without prior notice, and we will tell you what we did and why as soon as we reasonably can. If you think we got it wrong, say so and we will answer within five working days; where a suspension turns out to be unjustified we will credit or refund the part of any paid period you lost.

When the agreement ends, your access ends. Your data is retained for 30 days so you can ask for it back, and is then deleted, unless the law requires us to keep something (an invoice, for example) or you have asked us to delete it sooner.

We provide the service with reasonable skill and care. If you are a business, beyond that the service is provided as it is: we do not warrant that it will be uninterrupted or error-free, or that it will meet a requirement you have not agreed with us in writing.

If you are a consumer, that disclaimer does not apply to you. You are entitled under the Norwegian Digital Services Act (digitalytelsesloven) to a service that conforms both to what we agreed and to what you can reasonably expect, and to its remedies — having a defect fixed, a price reduction, or ending the contract — none of which these terms limit.

Neither party limits liability where the law does not allow it. Nothing in this agreement excludes or limits our liability for death or personal injury caused by our negligence, for gross negligence, for intentional wrongdoing, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, if you are a business:

• Neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings or business interruption.
• We are not liable for loss or corruption of your data to the extent it is caused by how you or your devices use the service rather than by a failure of the service itself.
• Our total liability for all claims arising in any 12-month period is limited to the greater of (a) the amounts you paid us in that period and (b) EUR 100.

If you are a consumer, none of the three limits above applies to you. Your remedies for a service that does not conform, including compensation for loss it causes you, are the ones Norwegian consumer law (digitalytelsesloven) gives you, and this agreement does not reduce them.

A remote-management platform can do a lot of damage quickly, so we say what the business cap means: if a flow you author takes your fleet down, the consequences are yours, not ours.

If you are not a consumer, you will indemnify us against claims brought by a third party arising from your use of the service in breach of this agreement or the Acceptable Use Policy — in particular a claim that you were not entitled to control a device you enrolled. This does not apply to consumers.

We will email the address on your account at least 30 days before a change that materially affects you takes effect. If you do not accept it, you may cancel before it takes effect and we will refund any prepaid amount covering the period after cancellation. Continuing to use the service after that date means you accept the new version. Purely clarifying changes take effect when published.

This agreement is governed by Norwegian law, and the courts of Norway have jurisdiction.

If you are a consumer, that does not take anything away from you. You keep the protection of the mandatory law of the country where you live, and you may bring proceedings there. In Norway you may take a complaint to the Norwegian Consumer Authority (Forbrukertilsynet), which mediates disputes between consumers and businesses; a dispute mediation does not settle can be brought before the Consumer Disputes Board (Forbrukerklageutvalget). If you live elsewhere in the EEA you may also use the consumer dispute body of your own country.

If a court finds part of this agreement unenforceable, the rest stands. Not enforcing something once does not waive it. You may not transfer this agreement without our consent; we may transfer it to a successor to our business, and if you are a consumer we will tell you beforehand and you may cancel. Together with the documents named in section 1, this is the whole agreement between us.

Questions: hello@photonnow.com.