CyberHeera

Terms of Service

Last updated: 2026-04-26 · Effective: 2026-04-26

These Terms of Service ("Terms") govern your access to and use of the CyberHeera platform, the cyberheera.com website, and any related services (collectively, the "Service") provided by CyberHeera, Inc. ("CyberHeera", "we", "us", "our"). By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. Acceptance of terms

By creating an account, signing into the platform, or otherwise using the Service you confirm that you have read, understood, and agree to be bound by these Terms and any policies referenced in them, including our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" in these Terms refers to that organization.

2. Account responsibilities

You are responsible for the accuracy of the registration information you provide, the security of your account credentials, and the activity that occurs under your account, including the activity of every user you provision into your tenant. You will configure single sign-on, multi-factor authentication, and least-privilege role assignments in line with reasonable security practice. Notify us immediately at security@cyberheera.com if you suspect unauthorized access to your account.

3. Acceptable use

You agree not to use the Service to:

  • violate any applicable law or regulation;
  • infringe the intellectual property, privacy, or other rights of any third party;
  • attempt to disrupt, compromise, reverse-engineer, or test the resilience of the Service or any other tenant's environment;
  • scan, probe, or test infrastructure that you do not own or for which you do not have explicit written authorization;
  • exfiltrate or attempt to exfiltrate data outside the access controls we provide;
  • send unsolicited commercial messages or transmit malware; or
  • upload material that is unlawful, defamatory, or that you do not have the right to upload.

We may suspend or terminate access for violations of this section, and we may report serious violations to the appropriate authorities.

4. Intellectual property

CyberHeera retains all right, title, and interest in and to the platform, including all software, content, designs, trademarks, and documentation we provide (the "Platform IP"). You retain all right, title, and interest in and to the data and content you upload, generate, or process through the Service ("Customer Data"). You grant us a limited, non-exclusive, non-transferable license to host, copy, transmit, display, and process Customer Data only as necessary to provide and improve the Service to you, to comply with our legal obligations, and to enforce these Terms.

5. Confidentiality

Each party will protect the other party's confidential information using at least the same care it uses to protect its own confidential information of like importance, and will not disclose it except to its personnel and contractors who need to know it to perform under these Terms and who are bound by confidentiality obligations no less protective than those in this section. The confidentiality obligations in this section survive termination for three years.

6. Fees and billing

If your use of the Service is subject to a paid subscription, the fees, billing terms, and renewal terms applicable to your subscription will be set out in a separate order form or signed agreement. Fees are due on the schedule stated in the order form, are non-refundable except as required by law or expressly stated in the order form, and are exclusive of taxes. You authorize us, our payment processor, or our reseller, as applicable, to charge the payment method you provide for the agreed fees.

7. Service availability

We aim to keep the Service running with commercially reasonable best effort, including planned maintenance windows announced in advance where practical. We do not commit to a specific uptime service level under these Terms. If your order form includes a separate service level commitment, that commitment governs.

8. Warranty disclaimer

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, CyberHeera disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that any specific security event will be detected, or that the Service will identify every threat or compliance gap in your environment. The Service is one tool among many that an organization should use to manage security and compliance risk.

9. Limitation of liability

To the fullest extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost goodwill, or lost data, arising out of or relating to these Terms or the Service, regardless of the theory of liability and even if a party has been advised of the possibility of such damages. Each party's aggregate liability arising out of or relating to these Terms will not exceed the fees you paid to us in the twelve months preceding the event giving rise to the claim. The limitations in this section do not apply to a party's indemnification obligations, breach of confidentiality, or to liability that cannot be limited under applicable law.

10. Indemnification

You will defend, indemnify, and hold harmless CyberHeera against third-party claims arising out of (a) your violation of these Terms, (b) your misuse of the Service, or (c) your Customer Data, except to the extent caused by our breach of these Terms. We will defend, indemnify, and hold harmless you against third-party claims that your authorized use of the Service infringes a valid US patent, copyright, or trademark, except to the extent the claim arises from your Customer Data or from your modification of the Service.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access for material breach of these Terms (with a 30-day cure period where the breach is curable), for non-payment, for violation of the acceptable-use section, or to comply with law. On termination, the rights granted under these Terms end and you must stop using the Service. We will make Customer Data available for export in machine-readable form for at least 30 days after termination, after which we will delete it on a defined schedule, except where law requires us to retain it. Sections that by their nature should survive termination (intellectual property, confidentiality, warranty disclaimer, limitation of liability, indemnification, dispute resolution, governing law) survive.

12. Dispute resolution

The parties will first attempt in good faith to resolve any dispute arising out of or relating to these Terms by direct negotiation between authorized representatives. If a dispute is not resolved within thirty days, the dispute will be resolved by binding arbitration administered by JAMS under its applicable rules, before a single arbitrator. The seat of the arbitration will be either Wilmington, Delaware or Denver, Colorado, at the customer's election. Each party will bear its own costs in the arbitration; the arbitrator may award costs and fees in line with applicable law. Either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information without first invoking arbitration.

Class action waiver. To the fullest extent permitted by law, each party waives the right to participate in any class, collective, or representative action arising out of or relating to these Terms or the Service. Disputes will be resolved on an individual basis.

13. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles, except to the extent the dispute resolution section above requires otherwise.

14. Export controls and trade compliance

You may not use the Service in violation of US export-control laws and regulations, including the Export Administration Regulations and sanctions administered by the US Office of Foreign Assets Control. You represent that you and your end users are not located in, ordinarily resident in, or organized under the laws of a country or region subject to a comprehensive US embargo, and that you are not on any US government denied-party list. You will not export, re-export, or transfer the Service to any such country or party.

15. Changes

We may update these Terms from time to time. Material changes will be communicated through the product or via email to the account owner at least 14 days before they take effect. Continued use of the Service after the effective date of any update constitutes acceptance of the updated Terms.

16. Contact

Legal notices and questions about these Terms: legal@cyberheera.com. Mailing address: CyberHeera, Inc., 22730 East Briarwood Place, Aurora, CO 80016, United States.