Terms of
Service

Please read these terms carefully before using our cybersecurity platform and services.

Last updated: December 1, 2024

1. Acceptance of Terms

By accessing or using CyberXprt's cybersecurity platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and CyberXprt, Inc. ("Company," "we," "our," or "us"). Your use of our Services is also subject to our Privacy Policy, which is incorporated by reference.

2. Description of Services

CyberXprt provides AI-powered cybersecurity intelligence services, including but not limited to:

  • Open Source Intelligence (OSINT) gathering and analysis
  • Vulnerability assessment and management
  • Threat intelligence and monitoring
  • Security scanning and reporting
  • Compliance assessment and reporting
  • API access and integration services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with or without notice.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

Prohibited Activities

  • Use Services for illegal or unauthorized purposes
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit malicious code or malware
  • Attempt to gain unauthorized access
  • Interfere with Service operations

Security Violations

  • Scan systems without authorization
  • Perform malicious security testing
  • Distribute vulnerability information
  • Use Services for competitive intelligence
  • Reverse engineer our platform
  • Circumvent security measures

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services, including all content, features, functionality, and technology, are owned by CyberXprt and are protected by copyright, trademark, patent, and other intellectual property laws.

5.2 Your Content

You retain ownership of any content you submit to our Services. By submitting content, you grant us a license to use, modify, and display such content as necessary to provide our Services.

5.3 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes.

6. Payment Terms

6.1 Fees and Billing

You agree to pay all fees associated with your use of our Services according to the pricing plan you select. Fees are billed in advance and are non-refundable except as required by law.

6.2 Payment Methods

We accept various payment methods as specified on our platform. You authorize us to charge your selected payment method for all applicable fees.

6.3 Price Changes

We reserve the right to change our pricing at any time. Price changes will be communicated to you in advance and will apply to your next billing cycle.

7. Service Level Agreement

Uptime Commitment

We strive to maintain 99.9% uptime for our Services, excluding scheduled maintenance windows and circumstances beyond our control.

Support Availability

Technical support is available during business hours (9 AM - 6 PM PST, Monday through Friday) for paid plans.

Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security assessments.

Service Credits

Service credits may be available for qualifying downtime events as outlined in our SLA documentation.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that we may process personal data in accordance with applicable data protection laws and that you are responsible for ensuring compliance with any applicable privacy laws when using our Services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBERXPRT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES.

Our total liability to you for any claims arising out of or relating to these Terms or our Services shall not exceed the amount you paid us for the Services in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless CyberXprt and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of our Services, violation of these Terms, or infringement of any third-party rights.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using the account termination features in our platform.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for any reason, including violation of these Terms.

11.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. We may delete your account and data in accordance with our data retention policies.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of San Francisco County, California.

13. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CyberXprt regarding our Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

Legal Department

Email: [email protected]

Phone: +1 (555) 123-4567

General Inquiries

Email: [email protected]

Address: 123 Security Street, San Francisco, CA 94105

Questions About Our Terms?

Our legal team is available to answer any questions about these Terms of Service.