Effective Date: March 1, 2026  |  Last Updated: March 1, 2026

1. Acceptance of Terms

By accessing or using the CyberGuards website at cyberguards.ai ("Website") or engaging any services provided by CyberGuards ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not use our Website or services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our Website. Your continued use of our Website or services after such modifications constitutes acceptance of the revised Terms.

2. Description of Services

CyberGuards provides offensive cybersecurity and security consulting services, including but not limited to:

• Penetration Testing: Network, web application, API, mobile, and cloud penetration testing engagements designed to identify vulnerabilities in your systems
• Red Team Operations: Advanced adversary simulation exercises that test your organization's detection and response capabilities across technical and human vectors
• AI/ML Security Testing: Security assessments of artificial intelligence and machine learning systems, including prompt injection testing, model extraction attacks, and data poisoning analysis
• Cloud Security Assessments: Security evaluations of AWS, Azure, GCP, and hybrid cloud environments, including configuration reviews and architecture analysis
• Compliance Assessments: Security assessments aligned with regulatory and industry standards including SOC 2, HIPAA, PCI DSS, ISO 27001, and NIST frameworks
• Security Consulting: Strategic advisory services, security program development, and executive-level security guidance

Specific service deliverables, timelines, scope, and fees are defined in separate Statements of Work (SOW) or service agreements executed between you and CyberGuards.

3. User Responsibilities

By using our Website and services, you agree to:

• Provide Accurate Information: Furnish truthful, accurate, and complete information when submitting forms, engaging services, or communicating with us
• Authorized Use Only: Use our Website and services only for lawful purposes and in compliance with all applicable laws and regulations
• Proper Authorization: Ensure that you have proper authorization for any systems, networks, or applications that you request us to test. You represent and warrant that you have the legal authority to authorize penetration testing and security assessments of the target systems
• Confidentiality: Maintain the confidentiality of any reports, findings, or materials provided to you by CyberGuards, unless otherwise agreed in writing
• No Misuse: Refrain from using our Website to distribute malware, conduct unauthorized testing, harvest data, or engage in any activity that could harm our systems or other users
• Compliance: Comply with all applicable local, state, federal, and international laws and regulations in connection with your use of our services

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content on the CyberGuards Website, including but not limited to text, graphics, logos, icons, images, code, designs, and the overall arrangement thereof, is the exclusive property of CyberGuards or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The CyberGuards name, logo, and all related marks are trademarks of CyberGuards. You may not use any of our trademarks without our prior written consent.

4.2 Deliverables

Unless otherwise specified in a separate written agreement or SOW, upon full payment for services:

• You receive a non-exclusive, non-transferable license to use deliverables (such as penetration testing reports) for your internal business purposes
• CyberGuards retains ownership of all proprietary tools, methodologies, frameworks, techniques, and general knowledge developed or used during engagements
• Aggregated, anonymized findings may be used by CyberGuards for research, training, and improvement of services

4.3 Your Content

You retain ownership of any materials, data, or content you provide to us in connection with our services. By providing such materials, you grant CyberGuards a limited, non-exclusive license to use them solely for the purpose of delivering the agreed-upon services.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of engagement. This includes, without limitation, security assessment findings, vulnerability details, system architecture information, and business operations data. Specific confidentiality obligations are further defined in applicable Non-Disclosure Agreements (NDAs) and Statements of Work.

6. Limitation of Liability

To the fullest extent permitted by applicable law:

• No Warranty: The Website and services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Limitation of Damages: In no event shall CyberGuards, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Website or services
• Cap on Liability: CyberGuards' total aggregate liability arising out of or related to these Terms or any services provided shall not exceed the total fees paid by you to CyberGuards during the twelve (12) months immediately preceding the event giving rise to the claim
• Security Testing Risks: You acknowledge that penetration testing and security assessments carry inherent risks, including potential service disruptions, data exposure, or system instability. CyberGuards will exercise professional care but shall not be liable for damages arising from authorized testing activities conducted within the agreed-upon scope

7. Indemnification

You agree to indemnify, defend, and hold harmless CyberGuards and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your use of our Website or services; (c) your violation of any law or regulation; or (d) your provision of inaccurate authorization for security testing.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms that is not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco, California, and you consent to the personal jurisdiction of such courts.

9. Dispute Resolution and Arbitration

9.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at team@cyberguards.ai and attempt to resolve any dispute informally for a period of at least thirty (30) days.

9.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by JAMS in San Francisco, California, in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator with expertise in technology or cybersecurity matters. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.

9.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

9.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or unauthorized disclosure of confidential information.

10. Termination

We reserve the right to suspend or terminate your access to the Website at any time, without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users, or is otherwise objectionable. Upon termination, all provisions of these Terms that by their nature should survive (including intellectual property, limitation of liability, indemnification, and dispute resolution) shall continue in full force and effect.

11. Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

12. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any applicable Statements of Work or service agreements, constitute the entire agreement between you and CyberGuards regarding your use of the Website and services, and supersede all prior agreements and understandings.

13. Contact Information

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

• Email: team@cyberguards.ai
• Address: CyberGuards, San Francisco, CA 94114, United States