Terms of Service

Effective Date: January 1, 2025

Welcome to CyberDD. These Terms of Service ("Terms") govern your access to and use of the CyberDD platform and services (the "Services") provided by CyberDD, LLC ("CyberDD," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

CyberDD provides a cybersecurity due diligence platform designed for mergers and acquisitions (M&A) transactions. Our Services include:

Automated security scanning and assessment tools
Security questionnaire management and distribution
Risk scoring and analysis
Document management and evidence collection
Reporting and analytics
Cloud security configuration analysis

3. Account Registration

To use our Services, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized access or use of your account
Be responsible for all activities that occur under your account

4. Subscription and Payment

4.1 Subscription Plans

Access to our Services requires a paid subscription. Subscription details, pricing, and features are described on our website and may be updated from time to time.

4.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis
All fees are non-refundable except as expressly set forth herein
We may change our prices upon 30 days' notice
You are responsible for all applicable taxes

4.3 Free Trials

We may offer free trial periods. At the end of a trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

5. 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 any part of the Services or related systems
Interfere with or disrupt the integrity or performance of the Services
Upload or transmit viruses, malware, or other harmful code
Use the Services to scan or assess systems without proper authorization
Reverse engineer, decompile, or disassemble any part of the Services
Share your account credentials with third parties
Use automated scripts to access the Services without our express permission

6. Data and Content

6.1 Your Data

You retain ownership of all data and content you upload to the Services ("Your Data"). By using the Services, you grant us a limited license to use, process, and store Your Data solely to provide the Services to you.

6.2 Data Security

We implement industry-standard security measures to protect Your Data. However, you are responsible for maintaining appropriate backups and ensuring the accuracy of data you provide.

6.3 Confidentiality

We treat all deal-related information as confidential and will not disclose it to third parties except as necessary to provide the Services or as required by law.

7. Intellectual Property

7.1 Our Property

The Services, including all software, designs, text, graphics, and other content, are owned by CyberDD, LLC and protected by intellectual property laws, including but not limited to:

U.S. Provisional Patent Application No. 64/011,099 — Methods for seller-controlled disclosure of cybersecurity assessment data with automatic approval revocation and multi-source composite risk scoring
U.S. Provisional Patent Application No. 64/011,112 — Methods for intelligent OSINT noise reduction, automated SEC cybersecurity incident detection, and AI-powered security policy maturity scoring
U.S. Copyright Registration Case No. 1-15117764641

The CyberDD name, logo, and related marks are trademarks of CyberDD, LLC. These Terms do not grant you any rights to our patents, patent applications, copyrights, trade secrets, trademarks, logos, or other brand features or intellectual property.

7.2 Feedback

If you provide feedback or suggestions about our Services, we may use such feedback without restriction or compensation to you.

8. Disclaimers

8.1 No Guarantee

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8.2 Risk Assessment Disclaimer

Risk scores, security assessments, and findings provided by the Services are for informational purposes only. They should not be the sole basis for business decisions. You should independently verify all findings and consult with qualified professionals before making investment or acquisition decisions.

8.3 Third-Party Systems

Scanning or assessing third-party systems requires proper authorization. We are not responsible for any consequences arising from unauthorized scanning activities.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBERDD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO CYBERDD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless CyberDD and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

11. Term and Termination

11.1 Term

These Terms remain in effect until terminated by either party.

11.2 Termination by You

You may terminate your account at any time by contacting us. Termination does not entitle you to a refund of any prepaid fees.

11.3 Termination by Us

We may suspend or terminate your access to the Services if you violate these Terms or for any other reason with 30 days' notice, or immediately for material breaches.

11.4 Effect of Termination

Upon termination, your right to use the Services ceases. We will retain Your Data for 30 days, during which you may request an export. After that period, we may delete Your Data.

12. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, where appropriate, notifying you by email. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

13.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CyberDD regarding the Services.

13.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.5 Waiver

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

14. Contact Us

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

CyberDD, LLC
Email: legal@cyberdd.co