Terms of Service for Cybersecurity Services

1. Definitions

• „Client” means any individual or entity that purchases or uses our cybersecurity services.
• „Agreement” refers to these Terms, any signed service agreements, Statements of Work (SOW), and any attachments.
• „Confidential Information” means all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or reasonably should be understood to be confidential.
• „Data Protection Laws” means all applicable laws relating to data protection and privacy, including GDPR, NIS2, and DORA.

2. Cybersecurity Services

2.1 Description of Services

ROCyber Solutions provides comprehensive cybersecurity services including but not limited to: virtual CISO (vCISO) consulting, Security Operations Center (SOC) monitoring, penetration testing, vulnerability assessments, security awareness training, and incident response. Detailed descriptions of specific services are provided in separate Statements of Work (SOW) or service agreements.

2.2 Service Level Agreement (SLA)

Our Service Level Agreements, including response times, availability, and support commitments, are detailed in the specific service contract or SOW. Standard SLA terms are available upon request from contact@rocybersolutions.com.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our cybersecurity services. By agreeing to these Terms, you confirm that you meet this requirement.

3.2 Account Registration

To access certain features of our Service, you may need to create an account. You agree to provide accurate, current, and complete information during registration and keep your account details up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Fees and Payment

4.1 Fees

All fees for our cybersecurity services are as set forth in the applicable SOW or service agreement. Unless otherwise agreed, fees are payable in advance for the relevant service period.

4.2 Invoicing and Payment

Invoices are due within 14 days of the invoice date. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for non-payment.

5. Intellectual Property Rights

5.1 Our IP

All content, software, graphics, designs, logos, trademarks, methodologies, and other intellectual property associated with the cybersecurity services are owned by ROCyber Solutions or its licensors. You may not use any of our intellectual property without prior written permission.

5.2 Client IP

You retain all rights to any content, data, or materials you provide to us („Client Materials”). By submitting Client Materials, you grant us a non-exclusive, royalty-free license to use, store, and process such materials solely for the purpose of providing the cybersecurity services to you.

6. Confidentiality

Each party agrees to hold the other’s Confidential Information in strict confidence and not to disclose it to any third party except as necessary to perform its obligations under this Agreement or as required by law. This obligation survives termination of these Terms.

7. Data Protection and Privacy

7.1 Compliance with Laws

We process personal data in accordance with applicable Data Protection Laws and our Privacy Policy. Our Data Processing Agreement (DPA), which is incorporated by reference, governs our processing of Client personal data.

7.2 Security Measures

We implement appropriate technical and organizational security measures to protect data against unauthorized access, disclosure, or destruction. These measures include encryption, access controls, and regular security testing.

7.3 Data Breach Notification

In the event of a data breach affecting Client data, we will notify you without undue delay and no later than 24 hours after becoming aware of the breach, in accordance with our DPA and applicable laws.

8. Warranties and Disclaimers

8.1 Mutual Warranties

Each party warrants that it has the legal right and authority to enter into this Agreement and to perform its obligations hereunder.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CYBERSECURITY SERVICES ARE PROVIDED „AS IS” AND „AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8.3 No Guarantee of Absolute Security

While we take reasonable security measures, we cannot guarantee that our Service will be immune from all cyber threats or vulnerabilities. You acknowledge that no security system is perfect.

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROCYBER SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OUR CYBERSECURITY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless ROCyber Solutions, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

• Your use of the cybersecurity services in violation of these Terms;
• Your violation of any applicable law or third-party right;
• Any content or data you provide to us.

11. Term and Termination

11.1 Term

These Terms remain in effect for as long as you use our cybersecurity services or until terminated as provided herein.

11.2 Termination by You

You may terminate your account and stop using the Service at any time. To close your account, please contact us at contact@rocybersolutions.com.

11.3 Termination by Us

We may suspend or terminate your access to the Service at our sole discretion, without prior notice, for any reason, including violation of these Terms or non-payment.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of laws principles.

12.2 Dispute Resolution

Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiations. If not resolved within 30 days, the dispute shall be submitted to the competent courts in Kraków, Poland.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or industry standards. The updated version will be posted on this page with a revised „Effective Date.” Your continued use of the Service after such changes constitutes your acceptance of the updated Terms. For material changes, we will provide notice via email or through our website.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any SOWs, DPAs, and our Privacy Policy, constitute the entire agreement between you and ROCyber Solutions regarding the cybersecurity services.

14.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.