Terms of Service & Legal Agreement

1. Acceptance of Terms & Service Scope

These Terms of Service ('Agreement') constitute a legally binding contract between your entity ('Customer') and CyberAgest ('Company'). By registering, accessing, or deploying scans through CyberAgest, Customer agrees to be fully bound by all terms herein.

The Service encompasses continuous vulnerability scanning, autonomous multi-agent AI (AegisGPT), automated pentesting simulation, and security compliance reporting.

2. Legal Authorization, Target Ownership & Indemnification

Customer retains absolute legal responsibility for all targets (domains, IP ranges, and cloud infrastructure) submitted to CyberAgest. Customer explicitly warrants and covenants:

• Explicit Authorization: Possessing full legal ownership or explicit prior written consent to conduct security reconnaissance and exploit simulations on targeted assets.
• Unauthorized Targets Ban: Running scans against third-party assets without verified explicit authorization is strictly illegal and triggers immediate account termination.
• Full Indemnification Obligation: Customer agrees to defend, indemnify, and hold harmless CyberAgest, its officers, and infrastructure providers from any third-party claims, legal enforcement, or liabilities resulting from unauthorized target entry.

3. Intellectual Property & Reverse Engineering Prohibition

All patents, trademarks, software code, AegisGPT agent logic, proprietary scan heuristics, and API specs remain the exclusive worldwide intellectual property of CyberAgest.

4. Data Processing Agreement (DPA) & Privacy Governance

This Agreement incorporates a Data Processing Addendum (DPA) framework describing controller/processor roles and scope. This page is not a certification or independent audit:

• Processing Roles: Customer acts as Data Controller; CyberAgest acts strictly as Data Processor.
• Technical and organizational measures: Transport, storage, and logical-isolation controls reviewed against the approved operational configuration; technical evidence is published separately when available.
• Incident Breach Notification: CyberAgest will notify Customer within 72 hours of confirming any security incident affecting customer telemetry.

5. Data Retention, Purge & Erasure Policy

Scan telemetries and vulnerability logs are maintained actively during the subscription lifecycle. Upon account termination or erasure request:

6. Strict Limitation of Liability & Consequential Damages Waiver

This section sets mandatory maximum caps on financial exposure and excludes indirect damages:

7. Subscription Billing, Cancellations & Refund Policy

• Recurring Subscription: Subscriptions are billed in advance on a recurring monthly or annual basis and automatically renew unless cancelled prior to renewal.
• 14-Day Money-Back Guarantee: First-time subscribers to the Pro tier may request a full refund within 14 calendar days of initial purchase.
• Non-Refundable Custom Enterprise Contracts: Custom Enterprise retainers and dedicated worker node provisions are non-refundable once deployed unless specified in SLA contract.

8. Misuse Restrictions & Immediate Account Termination

We reserve the right to suspend or terminate subscription access immediately without prior notice if Customer utilizes scanning agents for DDoS, malware distribution, system destruction, or unlawful network exploitation.

9. Governing Law, Jurisdiction & Binding Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any legal disputes arising under this Agreement shall be settled exclusively via binding individual commercial arbitration under ICC arbitration rules. Customer waives all rights to participate in class actions or jury trials.