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Terms of Service

Last Updated: October 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Vulnerabilities Be Gone ("Company," "we," "us," or "our") regarding your use of our website vulnsbegone.com and our cybersecurity consulting services.

By accessing our website or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our website or services.

2. Services Description

Vulnerabilities Be Gone provides independent cybersecurity consulting services, including but not limited to:

• Vulnerability assessment and discovery
• Infrastructure mapping and analysis
• Risk-based prioritization of security threats
• Strategic remediation planning
• Customized mitigation strategies
• Ongoing security guidance and support

The specific scope, deliverables, timeline, and compensation for services will be detailed in a separate written agreement ("Service Agreement") or Statement of Work ("SOW") executed between you and the Company.

3. Service Engagement

3.1 Consultation and Proposals

Initial consultations are provided to discuss your security needs and determine if our services are appropriate for your organization. These consultations do not create a binding obligation for either party.

3.2 Service Agreements

Services will be provided pursuant to a written Service Agreement or SOW that specifies:

• Scope of services and deliverables
• Timeline and milestones
• Fees and payment terms
• Access requirements and client responsibilities
• Confidentiality obligations
• Specific terms applicable to the engagement

3.3 Client Responsibilities

To facilitate our services, you agree to:

• Provide accurate and complete information about your infrastructure
• Grant necessary access to systems, networks, and documentation
• Designate a primary point of contact for the engagement
• Respond to requests for information in a timely manner
• Maintain appropriate backups of systems under assessment
• Implement recommendations at your own discretion and risk

4. Fees and Payment

Fees for services will be specified in the applicable Service Agreement or SOW. Unless otherwise stated:

• Fees are based on the scope of work defined in the Service Agreement
• Payment terms are typically Net 30 days from invoice date
• Late payments may incur interest charges at the rate of 1.5% per month
• Additional work beyond the agreed scope may incur additional fees
• Expenses will be billed as specified in the Service Agreement

You are responsible for all applicable taxes (excluding taxes based on our income).

5. Confidentiality and Data Protection

5.1 Confidential Information

Both parties acknowledge that during the course of the engagement, each may have access to confidential information of the other party. "Confidential Information" includes:

• Technical data about systems, networks, and infrastructure
• Security vulnerabilities and assessment findings
• Business information, strategies, and processes
• Proprietary methodologies and tools
• Information marked as confidential or reasonably understood to be confidential

5.2 Protection Obligations

Each party agrees to:

• Use the same degree of care to protect confidential information as it uses for its own confidential information, but no less than reasonable care
• Use confidential information only for the purposes of the engagement
• Disclose confidential information only to personnel with a need to know
• Not disclose confidential information to third parties without prior written consent

5.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Is rightfully received from a third party without confidentiality restrictions
• Must be disclosed pursuant to law or court order (with prior notice when permitted)

6. Intellectual Property Rights

6.1 Client Materials

You retain all ownership rights in materials, data, and information you provide to us. You grant us a limited license to use such materials solely to provide the services.

6.2 Deliverables

Upon full payment, you will receive ownership of the specific deliverables created for you as part of the engagement (reports, documentation, etc.). We retain ownership of our methodologies, tools, templates, and general knowledge gained during the engagement.

6.3 Company Property

All proprietary tools, methodologies, frameworks, and general knowledge remain our exclusive property. You may not reverse engineer, reproduce, or create derivative works based on our proprietary materials.

7. Representations and Warranties

7.1 Our Warranties

We represent and warrant that:

• We have the right and authority to enter into these Terms and provide the services
• Services will be performed in a professional and workmanlike manner
• Services will comply with applicable laws and industry standards
• We will use qualified personnel to perform the services

7.2 Your Warranties

You represent and warrant that:

• You have the authority to engage our services and grant necessary access
• You own or have rights to materials you provide to us
• Your use of our services will comply with applicable laws
• Information you provide is accurate and complete

7.3 Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT 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 guarantee that our services will detect all vulnerabilities or prevent all security incidents. Security is an ongoing process, and no assessment can guarantee complete security.

8. Limitation of Liability

8.1 Limitation Amount

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Exceptions

The limitations in this section do not apply to:

• Breaches of confidentiality obligations
• Intellectual property infringement
• Gross negligence or willful misconduct
• Liability that cannot be limited by law

8.4 Acknowledgment

You acknowledge that the fees for our services reflect the allocation of risk set forth in these Terms and that we would not enter into these Terms without these limitations on our liability.

9. Indemnification

9.1 Your Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms
• Your use of our services or deliverables
• Your violation of applicable laws or third-party rights
• Inaccurate or incomplete information you provide
• Your implementation (or failure to implement) our recommendations

9.2 Our Indemnification

We agree to indemnify you from claims that our services or deliverables infringe third-party intellectual property rights, provided you:

• Promptly notify us of the claim
• Grant us control of the defense and settlement
• Provide reasonable assistance in the defense

10. Insurance

We maintain professional liability insurance (Errors & Omissions) and general liability insurance appropriate for the services we provide. Certificates of insurance are available upon request.

11. Term and Termination

11.1 Term

These Terms remain in effect while you access our website or until terminated in accordance with this section. Service engagements have terms specified in the applicable Service Agreement.

11.2 Termination for Convenience

Either party may terminate a Service Agreement upon written notice as specified in the agreement. You will be responsible for fees for work completed through the termination date.

11.3 Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms or the Service Agreement and fails to cure within 15 days of written notice
• Becomes insolvent or files for bankruptcy
• Engages in illegal activities related to the engagement

11.4 Effect of Termination

Upon termination:

• All outstanding payments become immediately due
• Each party will return or destroy the other party's confidential information
• Provisions regarding confidentiality, intellectual property, limitation of liability, and indemnification survive termination
• We will deliver any completed work products upon receipt of full payment

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute informally by providing written notice of the dispute and engaging in good faith negotiations for at least 30 days.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator and shall take place in a location mutually agreed upon, or if no agreement can be reached, in San Francisco, California.

12.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Exceptions

Either party may seek injunctive relief in court for matters involving intellectual property rights, confidentiality breaches, or other equitable relief.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any legal action not subject to arbitration must be brought in state or federal courts located in San Francisco County, California.

13.2 Independent Contractor

Vulnerabilities Be Gone is an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

13.3 Entire Agreement

These Terms, together with any Service Agreement, SOW, and our Privacy Policy, constitute the entire agreement between you and us regarding the subject matter and supersede all prior agreements and understandings.

13.4 Modifications

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

13.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.6 Waiver

No waiver of any term or condition shall be deemed a continuing waiver or waiver of any other term or condition. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

13.7 Assignment

You may not assign or transfer these Terms or any Service Agreement without our prior written consent. We may assign our rights and obligations without restriction.

13.8 Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, labor disputes, or internet/utility failures.

13.9 Notices

All notices must be in writing and sent to the contact information provided in the Service Agreement or to the email address associated with your account. Notices are effective upon receipt.

13.10 Export Control

You agree to comply with all applicable export control laws and regulations. You will not export, re-export, or transfer any deliverables to prohibited countries or persons.

14. Website Use

14.1 Acceptable Use

You agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to any portion of the website
• Interfere with or disrupt the website or servers
• Transmit viruses, malware, or other malicious code
• Collect information about other users
• Impersonate any person or entity
• Use automated systems to access the website without permission

14.2 Content

All content on our website is provided for informational purposes only and does not constitute professional advice. We make no representations about the accuracy, completeness, or suitability of any content.

15. Contact Information

16. Acknowledgment