Terms of service

These Terms of Service ("Agreement") are between VERDATEK OÜ (operating as "CyberTested") and you ("Customer").

1. ABOUT OUR SERVICE

VERDATEK OÜ provides vulnerability scanning software as a service (SaaS) to help customers identify cybersecurity weaknesses in their digital infrastructure.

2. DEFINITIONS

• "Services" - The vulnerability scanning services we provide according to your selected plan
• "Platform" - Our software platform and portal for accessing the Services
• "Target System" - Any computer system you scan, identified by IP address, hostname, or unique identifier
• "Fees" - The charges for your selected service plan
• "Customer User" - Your employees, agents, or contractors authorized to use the Services

3. SERVICE PROVISION

3.1 We will provide the Services according to your selected plan once we accept your order and receive payment.

3.2 You may use the Services for:

• Your own internal business purposes
• Providing services to your end customers

3.3 You must:

• Only scan systems you own or have authorization to scan
• Keep your login credentials secure
• Ensure only authorized users access the Services
• Comply with all applicable laws

3.4 You must not:

• Share your account with unauthorized parties
• Use the Services for illegal purposes
• Attempt to reverse engineer or hack the Platform
• Resell or sublicense the Services without our permission

4. FEES AND PAYMENT

4.1 Fees are as specified in your selected plan and must be paid in advance.

4.2 All fees are non-refundable unless otherwise specified.

4.3 We may change fees with 30 days' notice. Continued use after notice constitutes acceptance.

4.4 Late payments may result in service suspension or termination.

5. INTELLECTUAL PROPERTY

5.1 We own all rights to the Platform, Services, and related materials.

5.2 You retain ownership of your data and systems.

5.3 We may use anonymized, aggregated usage data to improve our Services.

5.4 You grant us a license to access and scan your Target Systems as necessary to provide the Services.

6. WARRANTIES AND DISCLAIMERS

6.1 We will provide the Services with reasonable skill and care.

6.2 THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

6.3 We do not guarantee:

• The Services will be uninterrupted or error-free
• All vulnerabilities will be detected
• That fixing identified weaknesses will secure your systems

6.4 You are responsible for:

• Implementing security measures based on our findings
• Testing any changes before deployment
• Maintaining backups of your systems

7. LIABILITY

7.1 Nothing in this Agreement limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be legally limited

7.2 We are not liable for:

• Indirect, consequential, or special damages
• Loss of profits, revenue, data, or business opportunities
• Damage caused by your misuse of the Services
• Issues arising from third-party systems or services

7.3 Our total liability to you for all claims under this Agreement is limited to the lesser of:

• Half of the total fees that has been paid in the 6 months before the claim

7.4 We have no liability to your end customers.

8. DATA PROTECTION

8.1 We process personal data according to our Privacy Policy and applicable data protection laws (GDPR, PIPEDA, etc.).

8.2 Each party will comply with its data protection obligations.

8.3 You are responsible for obtaining necessary consents to scan systems containing personal data.

9. CONFIDENTIALITY

9.1 Both parties must keep confidential information secret and use it only for purposes of this Agreement.

9.2 This does not apply to information that:

• Is publicly available
• Was already known
• Must be disclosed by law
• Is disclosed with consent

10. TERM AND TERMINATION

10.1 This Agreement begins when we accept your order and continues for the term in your plan (monthly or annual).

10.2 Auto-renewal: Your subscription automatically renews unless you cancel before the renewal date. No refunds for unused time.

10.3 Termination for breach: Either party may terminate if the other breaches this Agreement and doesn't fix it within 30 days of notice.

10.4 Immediate termination: We may terminate immediately if:

• You don't pay on time
• You violate usage restrictions
• Providing the Services becomes unlawful

10.5 Effect of termination:

• Your access ends immediately
• No refunds for prepaid fees
• Confidentiality obligations continue

11. FORCE MAJEURE

Neither party is liable for delays or failures due to events beyond reasonable control (natural disasters, war, pandemics, infrastructure failures, etc.), except payment obligations.

12. GENERAL TERMS

12.1 Assignment: You cannot transfer this Agreement without our written consent.

12.2 Entire agreement: This Agreement is the complete agreement between us and supersedes all prior agreements.

12.3 Amendments: Changes must be in writing and signed by both parties.

12.4 Severability: If any provision is invalid, the rest remains in effect.

12.5 No partnership: This Agreement does not create a partnership, joint venture, or employment relationship.

12.6 Waiver: Failure to enforce any right doesn't waive that right.

13. NOTICES

Send all notices to:

• Email: [email protected]
• Address: VERDATEK OÜ, Sepapaja tn 6, Tallinn, 15551, Estonia

14. GOVERNING LAW

14.1 This Agreement is governed by Estonian law.

14.2 Disputes will be resolved in the Estonian courts.

14.3 For Canadian customers, we also comply with applicable Canadian consumer protection laws.

15. CONTACT

VERDATEK OÜ Registration Code: 16650214 Address: Sepapaja tn 6, Tallinn, 15551, Estonia Email: [email protected] Phone: +442 0 3808 9317 Website: verdatek.com