Terms & Conditions

1. Acceptance of Terms

By accessing or using the CyberDef website, requesting a consultation, or engaging CyberDef for any service, you affirm that you are at least 18 years of age, have the legal capacity to enter into binding agreements, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Services

CyberDef provides professional cybersecurity services including, but not limited to:

• Security Assessments and Vulnerability Scanning
• Managed Security Services and Threat Monitoring
• Incident Response Consulting
• Security Awareness Training
• Compliance Readiness Consulting
• Cloud Security, Endpoint Protection, and Network Security services

The specific scope, deliverables, pricing, and timeline of any service engagement will be defined in a separate written agreement, statement of work, or proposal agreed upon by both parties. These Terms apply to all such engagements.

3. Eligibility

Our services are intended for business entities and individuals operating in a professional capacity. CyberDef reserves the right to decline service to any party at our sole discretion. Services are available to clients located in the United States and, where applicable, internationally. Clients outside the United States are responsible for compliance with their local laws and regulations.

4. Accounts and Client Portals

Where CyberDef provides access to a client portal, reporting dashboard, or other online system, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify CyberDef immediately of any unauthorized use of your account. CyberDef is not liable for any loss or damage arising from your failure to maintain account security.

5. Payments and Fees

Payment terms for CyberDef services are as follows:

• Fees for services are as stated in the applicable proposal, statement of work, or service agreement
• Unless otherwise specified, invoices are due net 30 days from date of issue
• Late payments may be subject to interest at the rate of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less
• CyberDef reserves the right to suspend services for accounts with outstanding overdue balances
• All fees are quoted in US Dollars (USD) unless otherwise specified
• Taxes are the responsibility of the client where applicable

6. Subscriptions

For subscription-based services, your subscription will automatically renew at the end of each billing period unless you provide written notice of cancellation at least 30 days prior to the renewal date. CyberDef reserves the right to adjust subscription pricing with 60 days written notice. Continued use of subscription services after a price change constitutes acceptance of the new pricing.

7. Service Availability

CyberDef strives to maintain a high level of service availability. However, we do not guarantee uninterrupted or error-free service. Scheduled maintenance, emergency maintenance, and events beyond our reasonable control may result in temporary service interruptions. CyberDef will make reasonable efforts to notify clients in advance of scheduled maintenance that may impact service delivery.

8. Intellectual Property

All content on the CyberDef website — including text, graphics, logos, images, and software — is the property of CyberDef or its content suppliers and is protected by applicable intellectual property laws.

With respect to service deliverables:

• Client Data: You retain ownership of all data, systems, and information you provide to CyberDef for service delivery.
• Deliverables: Upon full payment, CyberDef grants you a non-exclusive license to use deliverables (reports, policies, documentation) created specifically for your engagement.
• CyberDef Methodology: CyberDef retains ownership of all methodologies, frameworks, tools, and processes used in service delivery, including any proprietary detection rules, scripts, or templates.
• Feedback: Any feedback you provide to CyberDef regarding our services may be used by CyberDef without restriction or compensation.

9. Client Responsibilities

You agree to:

• Provide accurate, complete, and current information about your environment and requirements
• Grant CyberDef the necessary access, permissions, and authorizations required to perform services
• Ensure that CyberDef's access to your systems is legally authorized and compliant with applicable laws
• Cooperate with CyberDef personnel and respond to requests in a timely manner
• Implement recommended security controls and remediation steps in a timely manner
• Maintain appropriate backups and disaster recovery capabilities for your systems
• Notify CyberDef of any changes to your environment that may affect service delivery

10. Security Disclaimer

CyberDef's services are designed to identify and reduce cybersecurity risks, but no security solution or service can guarantee complete protection against all cyber threats. The cybersecurity landscape is constantly evolving, and new threats emerge continuously. CyberDef does not warrant that our services will prevent all security incidents, data breaches, or cyberattacks. You acknowledge that cybersecurity is an ongoing process requiring continuous attention and investment.

11. Confidentiality

CyberDef understands that we may have access to sensitive information about your business, systems, and security posture. We treat all client information as confidential and will not disclose it to third parties except as required to perform services, as required by law, or with your written consent. Specific confidentiality terms may be established in a separate Non-Disclosure Agreement (NDA) for sensitive engagements.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• CYBERDEF'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CYBERDEF IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
• CYBERDEF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR DAMAGE TO REPUTATION.
• THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CYBERDEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Disclaimer of Warranties

THE CYBERDEF WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CYBERDEF DOES NOT WARRANT THAT ANY SECURITY ASSESSMENT, VULNERABILITY SCAN, OR OTHER SERVICE WILL IDENTIFY ALL VULNERABILITIES OR SECURITY RISKS IN YOUR ENVIRONMENT.

14. Indemnification

You agree to indemnify, defend, and hold harmless CyberDef and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our website or services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any claim that your content or data caused damage to a third party.

15. Termination

Either party may terminate a service engagement:

• By providing written notice as specified in the applicable service agreement
• Immediately upon a material breach by the other party that is not cured within 10 business days of written notice
• Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, you agree to pay for all services rendered through the termination date. CyberDef will provide reasonable assistance in transitioning services to another provider upon request and at standard consulting rates.

16. Dispute Resolution

In the event of a dispute arising out of or related to these Terms or our services, the parties agree to:

1. Good Faith Negotiation: First attempt to resolve the dispute through good faith negotiation for a period of 30 days following written notice of the dispute.
2. Mediation: If negotiation fails, submit the dispute to non-binding mediation before a mutually agreed mediator.
3. Arbitration: If mediation fails, resolve the dispute through binding arbitration in accordance with the American Arbitration Association Commercial Arbitration Rules. The arbitration shall take place in Wood County, Wisconsin. The arbitrator's decision shall be final and binding.

Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Wood County, Wisconsin, and you consent to the personal jurisdiction of such courts.

18. Force Majeure

CyberDef shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government actions, power failures, internet or telecommunications outages, or third-party service provider failures. CyberDef will notify you promptly of any such force majeure event and resume performance as soon as reasonably practicable.

19. Privacy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

20. Modifications to Terms

CyberDef reserves the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on our website at least 30 days before taking effect. Your continued use of our services after the effective date of any changes constitutes your acceptance of the modified Terms.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it will be severed from these Terms. The remaining provisions will continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements or statements of work, constitute the entire agreement between you and CyberDef regarding the subject matter herein and supersede all prior agreements, understandings, representations, and warranties.

23. Contact Information

For questions about these Terms and Conditions, please contact: