Terms of Service

1. Agreement to Terms

By accessing or using the services provided by xysec ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access our services.

2. Description of Services

xysec provides comprehensive cybersecurity consulting services including but not limited to:

• Strategic risk assessment and assurance
• Threat detection and intelligence
• Managed security operations
• Executive protection services
• Security awareness training
• Investment due diligence
• Fractional CISO services

3. Professional Services Agreement

Specific cybersecurity services will be governed by separate Professional Services Agreements ("PSA") which will detail:

• Scope of work and deliverables
• Timeline and milestones
• Pricing and payment terms
• Specific confidentiality requirements
• Service level agreements (SLAs) where applicable

4. User Responsibilities

When using our services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of any account credentials
• Cooperate with security assessments and implementations
• Notify us immediately of any security breaches
• Use our services only for lawful purposes
• Not attempt to compromise our systems or those of other clients

5. Confidentiality

Both parties acknowledge that they may have access to confidential information. Each party agrees to maintain the confidentiality of the other party's proprietary information and not disclose it to third parties without prior written consent, except as required by law.

6. Intellectual Property

All intellectual property rights in our methodologies, tools, reports, and deliverables remain the property of xysec, except for client-specific data and pre-existing client intellectual property. Clients receive a non-exclusive license to use deliverables for their internal business purposes.

7. Payment Terms

Payment terms will be specified in individual service agreements. Generally, invoices are due within 30 days of receipt. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYSEC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

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

9. Indemnification

You agree to indemnify and hold harmless xysec, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or misuse of our services.

10. Warranties and Disclaimers

We provide our services on an "AS IS" and "AS AVAILABLE" basis. While we strive to provide high-quality cybersecurity services, we cannot guarantee that our services will prevent all security incidents or breaches. Cybersecurity is a shared responsibility, and no system can be completely secure.

11. Termination

Either party may terminate services as specified in the relevant service agreement. Upon termination, all outstanding fees become immediately due and payable. Provisions relating to confidentiality, intellectual property, and limitation of liability shall survive termination.

12. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms which is due to acts of God, natural disasters, pandemic, war, terrorism, riots, labor disputes, or other causes beyond reasonable control.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any disputes shall first be subject to good faith negotiations. If unresolved, disputes shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to active clients via email or through our service portals. Continued use of our services after such modifications constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with any applicable Professional Services Agreements, constitute the entire agreement between you and xysec regarding our services and supersede all prior agreements and understandings.

17. Contact Information

For questions about these Terms of Service, please contact us at: