Terms of Use

1. Services Overview

1.1 Service Categories

Vigilare Cyber Security provides the following services ("Services"):

• Personal Cyber Security: Endpoint protection, malware removal, real-time threat monitoring, and personal device security for individuals and small businesses
• Enterprise Cyber Security: Comprehensive security solutions including EDR, network security, threat analytics, and incident response for larger organizations
• IT Services: Network management, user access control, infrastructure support, and IT consulting
• One-Time Services: Penetration testing, security assessments, malware removal, and security audits

1.2 Service Delivery

We will provide Services in a professional manner consistent with industry standards. Service delivery may include:

• Remote monitoring and management
• On-site support (when applicable)
• 24/7 security monitoring (for applicable service tiers)
• Regular security updates and patches
• Incident response and remediation

1.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services with 30 days' notice, except in cases of emergency security updates or legal requirements.

2. Account Registration & Security

2.1 Account Creation

To access certain Services, you must create an account by providing:

• Accurate and complete registration information
• A valid email address
• A secure password meeting our security requirements

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Ensuring your account information remains current and accurate

2.3 Multi-Factor Authentication

We strongly recommend enabling multi-factor authentication (MFA) on your account. Some Services may require MFA as a mandatory security measure.

3. Service Level Agreement

3.1 Response Times

Business Hours Support:

• Critical Issues: Response within 1 hour
• High Priority: Response within 2 hours
• Medium Priority: Response within 4 hours
• Low Priority: Response within 8 hours

After-Hours Emergency Support:

• Critical Security Incidents: Response within 2 hours
• Other Emergencies: Response within 8 hours

3.2 Service Availability

We strive to maintain 99.9% uptime for our monitoring and security services, excluding:

• Scheduled maintenance (with advance notice)
• Emergency security updates
• Force majeure events

3.3 Support Channels

Support is available through:

• 24/7 Emergency Hotline: +1 (844) 292-7797
• Email: [email protected]
• Client Portal (for registered users)

4. Payment Terms

4.1 Fees and Billing

• All fees are in Canadian Dollars (CAD) unless otherwise specified
• Prices are subject to applicable taxes
• Invoices are due within 30 days of issuance
• Recurring services are billed monthly in advance

4.2 Payment Methods

We accept:

• Credit cards (Visa, Mastercard, American Express)
• Bank transfers
• Pre-authorized debit (for recurring services)

4.3 Late Payments

• Late payments incur interest at 1.5% per month (18% annually)
• Services may be suspended after 15 days of non-payment
• Reconnection fees may apply for suspended services

4.4 Refund Policy

• Monthly services: Pro-rated refunds for unused portions upon cancellation
• One-time services: No refunds after service delivery begins
• Setup fees: Non-refundable

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Attempt to breach our or any third party's security
• Distribute malware, viruses, or harmful code
• Engage in any form of cybercrime or hacking
• Interfere with or disrupt our Services
• Misrepresent your identity or affiliation
• Use our Services for competitive analysis or reverse engineering

5.2 Security Responsibilities

As a cybersecurity client, you agree to:

• Implement recommended security measures promptly
• Maintain current backups of critical data
• Report security incidents immediately
• Cooperate with security assessments and audits
• Keep all security tools and software updated

5.3 Consequences of Violation

Violation of this policy may result in:

• Immediate suspension or termination of Services
• Legal action
• Reporting to law enforcement authorities

6. Intellectual Property Rights

6.1 Our Intellectual Property

We retain all rights to:

• Our proprietary security tools and software
• Security methodologies and processes
• Reports, analyses, and recommendations
• Our website content and branding
• Any custom solutions developed for general use

6.2 Client Data

You retain ownership of your data. You grant us a license to:

• Access and analyze your systems as needed for service delivery
• Store and process your data for security monitoring
• Use anonymized data for threat intelligence

6.3 Deliverables

Unless otherwise agreed in writing:

• Security reports and assessments are licensed for your internal use only
• Custom configurations remain your property
• General security improvements may be incorporated into our standard offerings

7. Confidentiality

7.1 Mutual Confidentiality

Both parties agree to:

• Protect each other's confidential information
• Use confidential information only for agreed purposes
• Limit access to those with a need to know
• Apply security measures at least as stringent as those used for their own confidential information

7.2 Security Incident Information

Information about security incidents is highly confidential. We will:

• Never disclose your security incidents to third parties without consent
• Use incident data only for improving our services
• Maintain strict access controls on incident information

7.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of this Agreement
• Was rightfully known before disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law (with notice when permitted)

8. Data Security & Privacy

8.1 Security Measures

We implement industry-standard security measures including:

• Encryption of data in transit and at rest
• Regular security audits and penetration testing
• Access controls and authentication
• Security incident response procedures
• Employee security training and background checks

8.2 Privacy Practices

Our data handling is governed by our Privacy Policy, which details:

• What information we collect
• How we use and protect your data
• Your rights regarding your personal information
• How to contact us about privacy concerns

8.3 Compliance

We maintain compliance with applicable data protection regulations including:

• Personal Information Protection and Electronic Documents Act (PIPEDA)
• Provincial privacy legislation
• Industry-specific security standards

9. Warranties & Disclaimers

9.1 Our Warranties

We warrant that:

• Services will be performed professionally and competently
• We have the necessary expertise and resources
• We will comply with applicable laws and regulations
• Our security recommendations follow industry best practices

9.2 Important Disclaimers

9.3 Limitation on Warranties

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

10.1 Liability Cap

OUR MAXIMUM LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR OUR SERVICES IS LIMITED TO THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

10.2 Excluded Damages

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, or business opportunities
• Data loss or corruption (except as caused by our gross negligence)
• Damages from security breaches by third parties
• Costs of procuring substitute services

10.3 Exceptions

These limitations do not apply to:

• Gross negligence or willful misconduct
• Breach of confidentiality obligations
• Indemnification obligations
• Liability that cannot be limited by law

11. Indemnification

11.1 Your Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your violation of these Terms
• Your violation of applicable laws
• Your negligent or wrongful conduct
• Your unauthorized use of our Services
• Content or data you provide to us

11.2 Our Indemnification

We will indemnify you for claims that our Services infringe third-party intellectual property rights, except where infringement results from:

• Your modifications to our Services
• Your combination of our Services with other products
• Your use of outdated versions after notice to update
• Your use beyond the scope of these Terms

11.3 Indemnification Procedures

The indemnified party must:

• Promptly notify the indemnifying party of claims
• Provide reasonable cooperation
• Allow the indemnifying party to control defense

12. Term & Termination

12.1 Term

• Website Terms: Effective upon your access and continuing until terminated
• Service Terms: As specified in your service agreement or order form
• Subscription Services: Month-to-month unless otherwise agreed

12.2 Termination by You

You may terminate:

• Website access at any time by ceasing use
• Monthly services with 30 days' written notice
• Annual services as specified in your agreement

12.3 Termination by Us

We may terminate immediately if you:

• Breach these Terms materially
• Fail to pay fees when due
• Engage in illegal activities
• Pose a security risk to our systems or other clients

12.4 Effect of Termination

Upon termination:

• Your access to Services ceases immediately
• You must pay all outstanding fees
• We will return or delete your data per your instructions
• Confidentiality and limitation of liability provisions survive

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of the Province of Alberta, Canada, without regard to conflict of law principles.

13.2 Dispute Resolution

1. Negotiation: First attempt to resolve disputes through good faith negotiation
2. Mediation: If negotiation fails, non-binding mediation in Calgary, Alberta
3. Arbitration/Litigation: Finally, binding arbitration or court proceedings in Calgary, Alberta

13.3 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between us.

13.4 Amendments

• We may update these Terms with 30 days' notice
• Continued use after changes indicates acceptance
• Material changes will be prominently announced

13.5 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

13.6 Assignment

• You may not assign these Terms without our written consent
• We may assign these Terms to a successor or affiliate

13.7 Force Majeure

Neither party is liable for delays due to circumstances beyond reasonable control, including but not limited to:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions
• Internet or power outages
• Cyberattacks by third parties

14. Definitions

15. Contact Information