Terms of Service

1. Acceptance of Terms

Welcome to SimplCyber, a service provided by Simple Apps, LLC, a Wyoming limited liability company ("SimplCyber," "we," "us," or "our"). By accessing or using our website, services, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

SimplCyber provides cybersecurity risk assessment and monitoring services for small businesses, including:

• One-time security audits and risk assessments
• Ongoing security monitoring and threat detection
• Risk quantification and financial impact analysis
• Remediation guidance and consultation
• Security reports and documentation

2.1 Service Limitations and Best Effort Basis

Our security assessments and monitoring services are provided on a best-effort basis using industry-standard automated scanning tools, methodologies, and best practices. However, you acknowledge and agree that:

• No service can identify all security risks. Our assessments may not detect all vulnerabilities, misconfigurations, threats, or security issues that may exist in your systems or infrastructure.
• Security is an ongoing process. New vulnerabilities and threats emerge constantly, and a security assessment represents a point-in-time evaluation only.
• Automated scanning has limitations. Our tools may produce false positives, false negatives, or miss certain types of vulnerabilities that require manual testing or deeper analysis.
• We do not guarantee prevention of security incidents. Using our Services does not guarantee that you will not experience data breaches, cyber attacks, or other security incidents.
• You remain responsible for your security. Our Services are advisory in nature and do not replace your obligation to implement and maintain appropriate security controls for your business.
• Risk quantification is estimated. Financial impact assessments are based on industry data and modeling techniques and are estimates only, not guarantees of actual losses or costs.

By using our Services, you acknowledge that cybersecurity assessments are inherently limited and that there is no such thing as perfect security. You agree to use our findings as one component of your overall security strategy.

2.2 Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements.

4. Account Registration and Security

To access certain features of our Services, you may be required to register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

5. Fees and Payment

5.1 Service Plans

We offer various service plans, including one-time audits and ongoing monitoring subscriptions. Pricing is as stated on our website at the time of purchase.

5.2 Payment Terms

Payment is due in advance for one-time services and at the beginning of each billing cycle for subscription services. You authorize us to charge your designated payment method for all fees incurred.

5.3 Subscription Renewals

Subscription services automatically renew at the end of each billing cycle unless cancelled prior to the renewal date. We will charge your payment method on file for the renewal.

5.4 Price Changes

We reserve the right to change our pricing at any time. For subscription services, price changes will take effect at the start of the next billing cycle following notice to you.

5.5 Refund Policy

One-time audit fees are non-refundable once the assessment has commenced. Subscription fees are non-refundable, but you may cancel your subscription at any time to prevent future charges.

6. Cancellation

You may cancel your subscription at any time by contacting us at hello@simplcyber.com. Cancellation will be effective at the end of your current billing cycle. You will continue to have access to the Services until that time.

7. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers connected to the Services
• Use the Services to transmit malware, viruses, or malicious code
• Misrepresent your identity or affiliation with any person or entity
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use automated systems to access the Services without our prior written consent
• Resell or redistribute the Services without our authorization

8. Intellectual Property Rights

8.1 Our Rights

The Services, including all content, features, functionality, software, and design, are owned by SimplCyber or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or branding without our prior written consent.

8.2 Your Rights

You retain all rights to any data or information you provide to us. By using our Services, you grant us a limited license to use your data solely for the purpose of providing the Services to you.

8.3 Reports and Deliverables

Security reports and assessments we provide to you are for your internal use only. You may not share, publish, or redistribute these reports without our prior written consent, except as necessary to share with your internal team or advisors bound by confidentiality obligations.

9. Confidentiality

We will treat all information about your security vulnerabilities and assessments as confidential and will not disclose such information to third parties except as required by law or with your consent.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate, complete, or reliable
• All security vulnerabilities, threats, or risks will be detected or identified
• Our risk assessments or financial impact analyses will be accurate or complete
• The Services will prevent security incidents, data breaches, or cyber attacks
• The Services will meet your specific security requirements or expectations
• Any errors in the Services will be corrected

IMPORTANT SECURITY DISCLAIMER:

Cybersecurity is a complex and evolving field. Our security assessments and recommendations are based on automated scanning tools, industry best practices, and known threat intelligence at the time of assessment. However, no security assessment can identify all risks, and the absence of identified vulnerabilities does not mean your systems are secure.

Our Services employ best-effort methodologies consistent with industry standards, but security testing is inherently limited. We may not detect:

• Zero-day vulnerabilities or newly discovered threats
• Sophisticated or targeted attacks
• Vulnerabilities requiring manual testing or code review
• Social engineering or human-factor risks
• Insider threats or physical security issues
• Risks in custom applications or proprietary systems
• Configuration issues not detectable through automated scanning

You acknowledge and agree that you remain solely responsible for implementing and maintaining appropriate security controls for your business. Our Services are advisory tools to assist you in identifying potential risks, but they do not replace comprehensive security programs, policies, or professional security expertise.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLCYBER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Security breaches, data breaches, or cyber attacks
• Any vulnerabilities not identified by our Services

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless SimplCyber, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

13. Third-Party Services

Our Services may integrate with or contain links to third-party services or websites. We are not responsible for the content, accuracy, or practices of these third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

15. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination:

• Your right to use the Services will immediately cease
• You will remain liable for all fees and charges incurred prior to termination
• We may delete your account and data in accordance with our data retention policies

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wyoming. Each party shall bear its own costs and expenses.

16.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and SimplCyber individually. You agree to waive any right to bring claims on a class, collective, or representative basis.

17. Miscellaneous

17.1 Entire Agreement

These Terms constitute the entire agreement between you and SimplCyber regarding the Services and supersede all prior agreements and understandings.

17.2 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, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, or Internet service failures.

18. Contact Information

If you have any questions about these Terms, please contact us at:

By using SimplCyber's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.