Terms of Service

1. AGREEMENT TO TERMS

By accessing or using our Service, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

3. ACCESS AND USE OF THE SERVICE

Your access to and use of the Service is subject to your compliance with these Terms. You are responsible for all activities that occur under your account. You may not share your account or password with anyone, and you agree to notify us immediately of any unauthorized use of your account.

4. INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of CyberSuite and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. You agree not to reproduce, distribute, create derivative works from, publicly display or perform, or otherwise use the Service or any content therein, except as authorized in these Terms.

5. USER CONDUCT

You agree not to use the Service in any way that is unlawful, harmful, or in violation of these Terms. You further agree not to use the Service to upload, post, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by us. We reserve the right to terminate your use of the Service for violating any of these provisions.

6. PAYMENT TERMS

For any product or service you purchase from us, you agree to pay all applicable fees and taxes. We may change the price of any product or service at any time, and we will provide you with prior notice of these changes.

7. TERMINATION

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

8. LIMITATION OF LIABILITY

In no event shall CyberSuite, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the United States and the state of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms will be resolved in the state or federal courts of the state of Florida.

10. NON-COMPETITION

As a user of this Service, you acknowledge that the Service, its functions, features, user interface, and all underlying technology, including proprietary algorithms, are valuable assets of CyberSuite.

In consideration of the rights granted to you to use the Service, you agree that, for the duration of your use of the Service and for a period of ten (10) years following the termination of your use of the Service, you will not, directly or indirectly, engage in or support the development, marketing, sale, or provision of any product or service that competes with the Service.

This includes, but is not limited to, activities such as:

• Developing, producing, marketing, or distributing a software or service similar to our Service
• Assisting another company or individual in developing, producing, marketing, or distributing such a software or service
• Starting or participating in any business that develops, produces, markets, or distributes such a software or service

11. PENALTIES FOR NON-COMPLIANCE WITH NON-COMPETITION CLAUSE

In the event of a breach or threatened breach by you of the provisions of the non-competition clause, you hereby consent and agree that CyberSuite shall be entitled to seek a judicial injunction prohibiting any such breach and you will compensate CyberSuite for all reasonable costs and expenses, including attorneys' fees, incurred in the course of enforcing this provision.

12. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (NDA)

You acknowledge that in the course of using this Service, you may have access to information that is confidential and proprietary to CyberSuite. Such confidential information ("Confidential Information") includes, but is not limited to, trade secrets, business plans, strategies, methods and/or practices, customer lists and information, financial information, and other information that is not publicly available.

You agree to maintain the confidentiality of the Confidential Information and not to disclose or use the Confidential Information for any purpose outside the scope of these Terms. You agree not to disclose or distribute any Confidential Information to any third party and will take all reasonable precautions to prevent unauthorized access to the Confidential Information.

You shall not disclose any Confidential Information to any employees, consultants or third parties except those who have agreed to terms at least as restrictive as these Terms and who need to know such information in connection with the Service.

13. PENALTIES FOR NON-COMPLIANCE WITH CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

In the event of your breach or threatened breach of this Confidentiality and Non-Disclosure Agreement, CyberSuite shall be entitled to seek injunctive relief prohibiting any such breach and any other legal or equitable remedies available to CyberSuite under applicable law.

In addition, you agree to compensate CyberSuite for all reasonable costs and expenses, including but not limited to, attorneys' fees and damages, incurred by CyberSuite as a result of your breach or threatened breach of this Confidentiality and Non-Disclosure Agreement.

14. NO REFUNDS

You acknowledge and agree that all fees and charges paid by you in relation to the Service are final and nonrefundable. This applies regardless of whether they are paid in advance, include recurring payments, or are part of a subscription model.

In no event shall CyberSuite be obligated to issue a refund or other compensation for any reason, including, but not limited to, your dissatisfaction with the Service, discontinuance or modification of any part of the Service, or termination of these Terms for any reason.

CyberSuite reserves the right to modify its pricing structure at any time and implement new charges or fees, as it deems appropriate. It is your responsibility to remain informed about the current rates for the Service.

You acknowledge that any credit card chargeback or any similar return of payment will still obligate you to full payment, plus any associated fees from the chargeback, and will result in an invoice being sent to you for the full payment plus fees. If the invoice is not paid within 30 days, late fees and interest will be applied at the rate of 1.5% per month, or lower as allowed by the law in your State. After a period of 12 months of late payment, the debt may be sold to a debt collector, or a lien may be placed on your assets as a first lien position.

Please be aware, however, that this clause is subject to any rights you may have under any applicable laws, including consumer protection laws. You should consult with a legal professional to ensure that this no-refund policy complies with all relevant laws and regulations.

15. OWNERSHIP OF DATA, FINDINGS, AND REPORTS

You acknowledge and agree that all data, findings, reports, statistics, and any other information generated, compiled, arranged, or otherwise processed in connection with your use of the Service, as well as all intellectual property rights therein (collectively, the "Data"), are and will remain the sole and exclusive property of CyberSuite.

You shall have no rights, title, or interest in the Data, other than the limited right to use the Data in accordance with these Terms. You agree not to use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or otherwise exploit any of the Data without the prior written consent of CyberSuite.

You further acknowledge and agree that CyberSuite has the right to utilize the Data for any lawful purpose, including, but not limited to, improving its products and services, developing new products and services, and conducting research and analysis.

However, this does not grant CyberSuite the right to disclose any personally identifiable information included in the Data without your consent, except as otherwise provided in these Terms or as required by law. Please refer to our Privacy Policy for more information about how we collect, use, and protect your personal information.

16. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

CyberSuite provides the Service "as is" and "as available" without any representations, warranties, covenants or guarantees of any kind. CyberSuite and its suppliers and licensors disclaim all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

In particular, CyberSuite does not guarantee or warrant:

• That the Service will be uninterrupted, timely, secure, or error-free.
• That the Service, or the servers that make the Service available, are free of viruses or other harmful components.
• That the Service will detect, prevent or remediate all potential vulnerabilities or breaches.
• That the Service will not cause any damage or disruptions to your systems, including any data loss or server downtime.
• Any specific results from the use of the Service.

Your use of the Service is at your sole risk. You will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from the use of the Service.

Under no circumstances shall CyberSuite be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any of the foregoing issues or the Service itself.

Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service.
These limitations shall apply even if CyberSuite has been advised of the possibility of such damages. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

17. PRIVACY POLICY

We respect your privacy and are committed to protecting your personal data. Our Privacy Policy, which is incorporated by reference into these Terms of Service, explains our practices regarding the collection, use, and disclosure of your personal data when you use the Service or interact with us and the rights you have in relation to that data. Please read our Privacy Policy carefully. By using the Service, you acknowledge that you understand and agree to the terms of our Privacy Policy. If you do not agree with our Privacy Policy, you must refrain from using our Service.

18. PRIVACY POLICY ACKNOWLEDGEMENT

By accepting these Terms of Service, you acknowledge that you have read and understood our Privacy Policy. You agree that CyberSuite can use such data in accordance with our Privacy Policy.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CyberSuite, its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Service and any violation of these Terms of Service.

If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

CyberSuite reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CyberSuite in the defense of such matter.

This indemnification section survives the termination of these Terms of Service.

20. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

20.1. Initial Dispute Resolution

We are available by email at [email protected] to address any concerns you may have regarding your use of the Service. Most concerns can be resolved quickly and to your satisfaction by contacting us at this email address.

20.2. Binding Arbitration

If we cannot resolve a dispute informally, any disputes that arise between you and CyberSuite relating to your use of the Service and/or these Terms of Service (collectively "Dispute") will be resolved through binding arbitration on an individual basis, except for disputes that qualify for small claims court. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted, unless initiated by CyberSuite or its affiliates due to the breach of these Terms. You and CyberSuite agree to waive your rights to a jury trial and to the resolution of disputes in a court of law.

20.3. Arbitration Procedures

The arbitration will be conducted by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator, it will be conducted by an arbitration provider under their rules that govern the arbitration.

Arbitration hearings will take place in a federal judicial district of Florida, USA.

20.4. Arbitration Fees

The administrative fee or the arbitration costs will be paid by the person bringing the complaint.

21. THIRD-PARTY LINKS AND SERVICES

The Service may contain links to third-party websites or services that are not owned or controlled by CyberSuite. CyberSuite has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

You further acknowledge and agree that CyberSuite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Your dealings with other entities, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities.

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.

22. SEVERABILITY

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, that provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms if no such modification is possible, and other provisions of these Terms of Service shall remain in full force and effect.

A waiver by either party of any term or condition of these Terms of Service, or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

This Severability section will survive any termination or expiration of these Terms of Service

23. OWNERSHIP AND LIABILITY FOR TARGETED IP ADDRESSES AND URLS

By using our Service, you represent and warrant that you are the legal owner of, or are legally authorized to act on behalf of the owner of, any and all IP addresses and URLs that you submit to us for penetration testing or any other services provided through the Service ("Targeted Resources").

You acknowledge that unauthorized penetration testing could potentially result in legal liabilities and/or damage to the Targeted Resources. Therefore, you agree that, by submitting any IP address or URL for our Service, you assume full responsibility and liability for any and all consequences resulting from your submission and our subsequent actions.

In the event of any legal action or dispute arising from or related to our Service performed on the Targeted Resources, you agree to indemnify, defend, and hold harmless CyberSuite, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that action or dispute.

You acknowledge that CyberSuite reserves the right to reject any IP addresses or URLs submitted for our Service at our sole discretion and for any reason.

24. INTERNATIONAL USERS AND DATA PROTECTION LAWS

The Service is controlled and operated by CyberSuite from the United States, and is not intended to subject CyberSuite to the laws or jurisdiction of any state, country or territory other than that of the United States. CyberSuite does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction.

If you choose to access or use the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations.

Where applicable, you consent to the use and disclosure of information in accordance with our Privacy Policy and acknowledge that such laws on data protection and privacy may be less stringent than the laws in your country.

For users in the European Economic Area (EEA), United Kingdom, and Switzerland, CyberSuite complies with the General Data Protection Regulation (GDPR). For users in California, CyberSuite complies with the California Privacy Rights Act (CPRA). If you are using the Service from other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States.

25. GDPR COMPLIANCE

If you are a resident of the European Economic Area (EEA), United Kingdom, or Switzerland, you are entitled to certain data protection rights under the General Data Protection Regulation (GDPR). CyberSuite is committed to ensuring the security and protection of the personal data that we process, and to provide a compliant and consistent approach to data protection.

To use our Service, you agree to our use of information about you as described in our Privacy Policy.

We take appropriate technical and organizational measures to secure your personal data and to protect it against unauthorized or unlawful processing, accidental loss, destruction or damage.

You have the right to access, correct, update, or request deletion of your personal data. You can object to the processing of your personal data, ask us to restrict processing of your personal data or request portability of your personal data. You can exercise these rights by contacting us at the contact details provided in our Privacy Policy.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

You have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.

26. CALIFORNIA PRIVACY RIGHTS ACT (CPRA) COMPLIANCE

If you are a resident of California, you are entitled to certain data protection rights under the California Privacy Rights Act (CPRA). CyberSuite is committed to ensuring the security and protection of the personal data that we process, and to provide a compliant and consistent approach to data protection.

To use our Service, you agree to our use of information about you as described in our Privacy Policy.

We collect, use, store, and share personal information as outlined in our Privacy Policy. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.

You have the right to opt out of the sale of your personal information. We will not discriminate against you for exercising any of your CPRA rights.

To exercise your rights under the CPRA, please contact us at the contact details provided in our Privacy Policy. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

27. SYSTEM REVISIONS

CyberSuite may revise System features and functions at any time, including without limitation by removing such features and functions.

28. CONTACT US

If you have any questions about these Terms, please contact us at [email protected].

Further, in addition to any other remedies available to CyberSuite at law or in equity, you agree to pay to CyberSuite an amount equal to the gross revenues or other compensation you or your new employer receive as a result of any activities prohibited by this non-competition clause.