Legal

Terms of Service

Last Updated: January 2025

1. Agreement to Terms

By accessing or using the services provided by 5D Cyber, Inc. ("5D Cyber," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms apply to all users of our services, including but not limited to the 5D Vigilance Hub and 5D Secure Connect platforms.

2. Service Level Agreement (SLA)

Uptime Commitment: 5D Cyber strives for 99.9% uptime for the Secure Connect and Vigilance Hub platforms. This excludes scheduled maintenance windows, which will be communicated in advance.

Support Response Times:

  • Critical Issues: Response within 1 hour
  • High Priority: Response within 4 hours
  • Normal Priority: Response within 24 hours

Service Credits: If we fail to meet our uptime commitment, eligible clients may receive service credits as outlined in their service agreement.

3. Liability & Client Responsibility

Tools for Compliance: 5D Cyber provides tools, platforms, and services designed to assist with compliance efforts. However, the Client remains the "System Owner" and is ultimately responsible for:

  • Final regulatory filings and attestations
  • Maintaining accurate system documentation
  • Implementing recommended security controls
  • Ensuring organizational policy compliance

Limitation of Liability: To the maximum extent permitted by law, 5D Cyber's liability for any claim arising out of or related to these Terms or our services shall not exceed the amount paid by Client for the services in the twelve (12) months preceding the claim.

5D Cyber shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

4. Payment Terms

Services are billed monthly or annually as specified in your service agreement. Payment is due within 30 days of invoice date unless otherwise agreed in writing.

Late payments may result in service suspension and/or termination. A late fee of 1.5% per month (or the maximum permitted by law) may be applied to overdue balances.

5. Termination

Either party may terminate services with 30 days' written notice. 5D Cyber reserves the right to immediately suspend or terminate services for:

  • Non-payment
  • Violation of these Terms
  • Misuse of services or systems
  • Activities that pose security risks to other clients

6. Modifications to Terms

5D Cyber reserves the right to modify these Terms at any time. We will provide notice of material changes via email or through our platform. Continued use of services after such modifications constitutes acceptance of the updated Terms.

Questions About These Terms?

Contact our legal team for clarification or additional information.

[email protected]