TERMS AND CONDITIONS
1. Scope of Services & Testing Authorization
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Authorization to Test: Customer explicitly represents and warrants that it is the legal owner of, or has obtained all necessary lawful authorizations, licenses, and third-party permissions (including from third-party hosting, infrastructure, and cloud service providers) to permit the Company to perform penetration testing, vulnerability assessments, scanning, and security audits on the designated systems, applications, networks, and IP addresses.
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Scoping Indemnity: Customer shall defend, indemnify, and hold harmless the Company and its personnel against any claims, losses, damages, or liabilities arising from the testing of systems or assets that Customer lacked lawful authority to evaluate.
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AI Advisory Service Period: Access to all AI consultancy services and interfaces shall immediately cease upon the expiration, non-renewal, or termination of the applicable contract period, and any unused advisory access will not carry over beyond the contract term.
2. Billing, Fees & Cancellation
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Non-Refundable Payments: All subscription fees, service charges, and one-off project payments are strictly non-refundable.
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Early Termination: Early termination or cancellation of a paid subscription plan prior to the expiration of the committed term shall not entitle the Customer to any refund, credit, or offset.
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Renewals and Rate Changes: Upon renewal, Customer’s subscription shall automatically be subject to the Company’s latest prevailing service terms, feature sets, and pricing schedules.
3. Promotional Offers & Trial Terms
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Trial Restrictions (Starter Plan Only): Trial offers apply exclusively to the "Starter" plan and are strictly limited to one (1) trial per entity or organization across all other plans. Once utilized, Customers cannot reapply for, register, or access another trial period under the Starter plan or any other tier.
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Verification Rights: The Company reserves the right to verify Customer identity, corporate registration details, domain verification, and historical account activity, and may immediately suspend or terminate access where duplicate accounts or promotional misuse are identified.
4. Customer Obligations & Prerequisites
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Access & Cooperation: Customers must provide timely and uninterrupted administrative access, accurate environment parameters, scoping boundaries, and necessary technical documentation to enable effective service delivery. The Company is not responsible for project delays caused by Customer’s failure to provide required credentials or system access.
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Backup & Safeguards: Customer is solely responsible for ensuring complete, verified data backups and disaster recovery procedures are executed prior to the commencement of any active security testing.
5. Disclaimers & Security Nature
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No Guarantee of Total Security: Cybersecurity assessments and automated scans reflect the security posture of the targeted environment solely at the specific point in time of evaluation. The Company makes no warranty, express or implied, that its services, reports, or automated tools will identify every vulnerability, detect all zero-day threats, prevent all security incidents, or ensure complete immunity from cyber attacks.
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Third-Party Actions & Negligence: The Company shall not be liable for any data breaches, service disruptions, or security incidents resulting from Customer negligence, misconfiguration, delayed patching, social engineering, insider threats, or hostile third-party actions beyond the Company's direct operational control.
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AI Output Advisory Basis: AI consultancy features, chat assistants, and automated recommendations are provided strictly on an "as-is" and "as-available" basis for informational and advisory guidance only. AI outputs do not constitute definitive legal, compliance, or technical certification. The customer is solely responsible for validating and testing all configuration scripts, remediation steps, and code changes before implementation.
6. Limitation of Liability
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Consequential Damages Exclusion: To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, revenue, data, business goodwill, system downtime, business interruption, or costs associated with ransomware payments.
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Aggregate Liability Cap: To the maximum extent permitted by applicable law, the Company’s total cumulative liability arising out of or related to these Terms or the services provided—whether in contract, tort (including negligence), indemnity, or otherwise—shall be strictly limited to the total fees actually paid by Customer to the Company in the three (3) months immediately preceding the event giving rise to the claim.
7. Proprietary Rights & Deliverables
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Company Property: The Company retains all worldwide intellectual property rights, titles, and interests in its security testing methodologies, proprietary toolsets, scanner software, AI architectures, training data, and documentation.
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Deliverables License: Subject to full payment of all applicable fees, Customer is granted a perpetual, non-exclusive, non-transferable internal license to use the final delivered vulnerability reports, audit summaries, and remediation documentation solely for its internal risk management and security compliance operations.
8. Confidentiality & Data Protection
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Confidential Information: Both parties agree to maintain the strict confidentiality of non-public technical data, vulnerability findings, source code, and commercial terms exchanged during the engagement.
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Global Data Compliance: Each party shall comply with all mandatory data protection and privacy laws applicable to its processing of personal data. Customer warrants that it will not transmit unauthorized third-party personal data, unmasked sensitive consumer information, or restricted records through automated AI chat interfaces.
9. Governing Law & International Dispute Resolution
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Applicable Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the substantive laws of the Company’s registered home jurisdiction, without giving effect to any conflict of law principles.
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Binding Arbitration: Any controversy, claim, or dispute arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be submitted to and finally resolved by binding commercial arbitration administered under the rules of the primary international arbitration institution located in the Company’s registered jurisdiction. The place of arbitration shall be the city of the Company's registered office, the proceedings shall be conducted in English, and the arbitral award shall be final and enforceable in any court of competent jurisdiction globally under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
