Terms of Service

Effective Date: January 1, 2025 | Last Updated: January 2025

1. Acceptance of Terms

Welcome to Voke Cyber. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Cyber Security Guardian DBA Voke Cyber ("Voke Cyber," "we," "us," or "our").

By accessing our website, submitting inquiries through our contact forms, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our website or services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms or use our services on behalf of such entity.

2. Description of Services

Voke Cyber provides professional cybersecurity services, including but not limited to:

• Penetration Testing: Authorized simulated cyberattacks on computer systems, networks, and web applications to identify security vulnerabilities that could be exploited by malicious actors.
• Security Assessments: Comprehensive evaluations of an organization's security posture, including vulnerability assessments, security audits, and risk analyses.
• Web Application Security Testing: In-depth analysis of web applications to identify vulnerabilities such as SQL injection, cross-site scripting (XSS), authentication flaws, and other OWASP Top 10 vulnerabilities.
• API Security Testing: Assessment of Application Programming Interfaces for security vulnerabilities, authentication weaknesses, and data exposure risks.
• Mobile Application Security Testing: Security assessment of iOS and Android applications, including static and dynamic analysis.
• Network Security Assessments: Evaluation of network infrastructure, including firewalls, routers, switches, and other network devices for security weaknesses.
• Cloud Security Assessments: Review of cloud infrastructure configurations and security controls across platforms such as AWS, Azure, and Google Cloud.

All security testing engagements are governed by a separate Statement of Work (SOW) executed under our Master Services Agreement, which defines the specific scope, methodology, timeline, and deliverables for each engagement.

3. User Responsibilities

3.1 Accurate Information

You agree to provide accurate, current, and complete information when submitting inquiries, creating accounts, or entering into service agreements with Voke Cyber. You are responsible for maintaining the accuracy of such information and promptly updating it as necessary.

3.2 Authorization and Legal Authority

By engaging our penetration testing or security assessment services, you represent and warrant that:

• You are the legal owner of the systems, applications, and networks to be tested, or you have obtained explicit written authorization from the owner to conduct security testing.
• You have the legal authority to authorize security testing activities within your organization.
• All testing activities will comply with applicable laws, regulations, and contractual obligations.
• You will provide necessary access credentials, documentation, and support required for testing activities.

3.3 Prohibited Conduct

You agree not to:

• Request testing on systems or networks you do not own or have authorization to test.
• Use our services to conduct illegal activities or to harm third parties.
• Misrepresent your identity, authority, or affiliation with any organization.
• Interfere with or disrupt our website, services, or servers.
• Attempt to gain unauthorized access to any portion of our systems or networks.

4. Intellectual Property

4.1 Voke Cyber Property

All content on this website, including but not limited to text, graphics, logos, images, software, methodologies, tools, and documentation, is the property of Voke Cyber or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Our proprietary testing methodologies, tools, scripts, and processes developed independently by Voke Cyber remain our exclusive property. Nothing in these Terms grants you any right, title, or interest in our intellectual property.

4.2 Client Materials

You retain all rights to your proprietary information, systems, and data. By engaging our services, you grant Voke Cyber a limited, non-exclusive license to access and test your systems solely for the purpose of performing the agreed-upon security assessment services.

4.3 Deliverables

Upon full payment for services rendered, you will own the deliverables specifically created for you, including security assessment reports and findings documentation. However, Voke Cyber retains the right to use general knowledge, skills, and experience gained during engagements, provided such use does not disclose your confidential information.

5. Confidentiality

5.1 Our Commitment

Voke Cyber is committed to protecting the confidentiality of all information obtained during our engagements. We will:

• Treat all client data, systems information, and assessment findings as strictly confidential.
• Not disclose any vulnerabilities, findings, or sensitive information to third parties without your prior written consent.
• Implement appropriate technical and organizational measures to protect your confidential information.
• Limit access to your confidential information to personnel who have a legitimate need to know.
• Securely delete or return all client data upon completion of the engagement or upon your request.

5.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of Voke Cyber.
• Was known to Voke Cyber prior to disclosure by you.
• Is independently developed by Voke Cyber without use of your confidential information.
• Is rightfully obtained from a third party without restriction on disclosure.
• Is required to be disclosed by law, regulation, or court order, provided we give you prompt notice when legally permitted.

5.3 Your Obligations

You agree to maintain the confidentiality of any Voke Cyber proprietary information, methodologies, or tools disclosed to you during the engagement.

6. Disclaimer of Warranties

OUR WEBSITE AND 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, TITLE, AND NON-INFRINGEMENT.

VOKE CYBER DOES NOT WARRANT THAT:

• Our security assessments will identify all vulnerabilities or security weaknesses in your systems. Security testing is inherently limited in scope and time, and new vulnerabilities may emerge after testing is completed.
• Your systems will be completely secure following our assessment or remediation recommendations.
• Our services will meet all of your requirements or expectations.
• Our website will be uninterrupted, timely, secure, or error-free.
• Any defects in our services will be corrected.

Security testing provides a point-in-time assessment and cannot guarantee the discovery of all vulnerabilities. The absence of findings does not indicate the absence of vulnerabilities. You acknowledge that no security assessment can provide complete assurance against all potential threats.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• VOKE CYBER'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO VOKE CYBER FOR THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
• IN NO EVENT SHALL VOKE CYBER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF VOKE CYBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• VOKE CYBER SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SYSTEMS BY THIRD PARTIES, SYSTEM DOWNTIME OR DISRUPTION DURING AUTHORIZED TESTING ACTIVITIES, YOUR FAILURE TO IMPLEMENT RECOMMENDED SECURITY CONTROLS, OR ACTIONS TAKEN BY YOU BASED ON OUR RECOMMENDATIONS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. Indemnification

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

• Your breach of these Terms or any representations or warranties made herein.
• Your misrepresentation of authority to authorize security testing.
• Any unauthorized or illegal activities conducted using our services.
• Your violation of any applicable laws, regulations, or third-party rights.
• Any claims by third parties related to systems you represented you had authority to have tested.
• Your failure to implement appropriate security measures following our recommendations.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law principles.

9.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms or our services shall be brought exclusively in the state or federal courts located in York County, South Carolina. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

9.3 Dispute Resolution

Prior to initiating any legal action, you agree to first attempt to resolve any dispute informally by contacting us. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue formal legal remedies.

10. Termination

10.1 Termination by You

You may stop using our website at any time. For termination of active service engagements, please refer to the termination provisions in your Statement of Work or our Master Services Agreement.

10.2 Termination by Voke Cyber

We may suspend or terminate your access to our website or services at any time, with or without cause, and with or without notice, including but not limited to situations where:

• You breach any provision of these Terms.
• We are required to do so by law.
• We reasonably believe your conduct may harm Voke Cyber, other users, or third parties.
• You fail to make timely payment for services rendered.

10.3 Effect of Termination

Upon termination, the following provisions shall survive: Intellectual Property, Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination.

11. Changes to Terms

Voke Cyber reserves the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date.
• Sending notice to the email address associated with your account, if applicable.

Your continued use of our website or services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of our website and services.

We encourage you to periodically review these Terms to stay informed of any updates.

12. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: