Terms of Service
Last updated: January 1, 2025
By accessing or using CyberShield's services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
1. Definitions
- "Services" means the CyberShield security platform, including all features, tools, and support.
- "Customer" or "You" means the entity that has agreed to these terms.
- "Customer Data" means any data you submit to or process through the Services.
- "Authorized Users" means individuals authorized by you to access the Services.
2. Account Terms
2.1 Account Creation
To use the Services, you must:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access
- Be at least 18 years old or the age of legal majority in your jurisdiction
2.2 Account Responsibility
You are responsible for all activities that occur under your account, including actions by Authorized Users. You must ensure all users comply with these terms.
3. Service Terms
3.1 License Grant
Subject to these terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services during your subscription term.
3.2 Acceptable Use
You agree NOT to:
- Use the Services for any unlawful purpose
- Attempt to reverse engineer, decompile, or disassemble the Services
- Access the Services through any automated means (bots, scrapers)
- Interfere with or disrupt the integrity of the Services
- Transmit malware or other harmful code through the Services
- Resell, sublicense, or provide the Services to third parties without authorization
4. Payment Terms
4.1 Fees
You agree to pay all fees according to your selected subscription plan. Fees are non-refundable except as expressly stated in these terms.
4.2 Billing
- Monthly subscriptions are billed in advance on the first of each month
- Annual subscriptions are billed in advance for the full year
- Price changes will be communicated 30 days in advance
4.3 Late Payment
If payment is not received within 15 days of the due date, we may suspend access to the Services. Accounts with payments over 30 days late may be terminated.
5. Data Rights
5.1 Your Data
You retain all rights to your Customer Data. You grant us a limited license to process your data solely to provide the Services.
5.2 Data Processing
We process Customer Data in accordance with our Privacy Policy and applicable Data Processing Agreement (DPA).
5.3 Security
We implement industry-standard security measures to protect Customer Data. However, no system is completely secure, and you acknowledge this inherent risk.
6. Service Level Agreement
For Enterprise customers, we commit to:
- 99.99% uptime for the core platform
- 15-minute response time for critical security incidents
- 4-hour response time for high-priority support tickets
Service credits are available for SLA breaches as specified in your Enterprise agreement.
7. Intellectual Property
CyberShield and its licensors retain all intellectual property rights in the Services, including:
- Software, algorithms, and code
- Threat intelligence and detection models
- Documentation and training materials
- Trademarks, logos, and brand elements
8. Warranties and Disclaimers
8.1 Our Warranties
We warrant that the Services will perform materially as described in our documentation.
8.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No security solution can guarantee complete protection against all threats. You remain responsible for implementing comprehensive security practices.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBERSHIELD'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
10. Indemnification
You agree to indemnify and hold harmless CyberShield from any claims, damages, or expenses arising from your use of the Services, violation of these terms, or infringement of any third-party rights.
11. Termination
11.1 By You
You may terminate your subscription at any time. For monthly plans, termination is effective at the end of the current billing period. Annual plans are non-refundable.
11.2 By Us
We may terminate or suspend access to the Services for:
- Material breach of these terms
- Non-payment of fees
- Illegal or harmful activities
11.3 Effect of Termination
Upon termination, your access to the Services will end. You may export your Customer Data within 30 days of termination.
12. General Provisions
12.1 Governing Law
These terms are governed by the laws of the State of California, without regard to conflict of law principles.
12.2 Dispute Resolution
Any disputes shall be resolved through binding arbitration in San Francisco, California, except for injunctive relief claims.
12.3 Modifications
We may update these terms from time to time. Material changes will be communicated via email or dashboard notification at least 30 days in advance.
12.4 Entire Agreement
These terms, along with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and CyberShield.
Contact Us
For questions about these terms:
Email: legal@cybershield.com
Address: CyberShield Inc., 100 Security Way, San Francisco, CA 94105