Effective Date: May 1, 2023 (as amended on [Last Updated Date])
Company: Armada Cyber Defense LLC, a Florida limited liability company, d/b/a CyberComply (“CyberComply,” “Company,” “Provider,” “we,” “us,” “our”)
Contact: support@cybercomply.us | Office: (305) 306-1800

Welcome to CyberComply. These Terms of Use (“Terms”) govern your access to and use of the CyberComply CMMC GRC software-as-a-service platform and related services (the “Platform” or “Service”).

By subscribing, accessing, clicking “I Agree,” activating an account, or using the Service, you (“Customer,” “Subscriber,” “you,” “your”) agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

1. Agreement Structure; Incorporation; Order of Precedence

1.1 Subscription Agreement and Orders. If you purchase or activate a paid or trial subscription, your subscription is also governed by the CyberComply GRC Subscription Agreement (the “Subscription Agreement”) and any applicable order form, checkout confirmation, invoice, statement of work referencing a subscription, or enrollment record (each an “Order”).
1.2 Incorporation. The Subscription Agreement, these Terms, and CyberComply’s Privacy Policy (the “Privacy Policy”) are incorporated by reference into each other to the extent applicable.
1.3 Order of Precedence. If there is a conflict:
(a) an Order controls solely as to commercial terms (plan, term, pricing, Instance counts/limits, and other negotiated commercial terms);
(b) the Subscription Agreement controls as to subscription structure and commercial subscription terms not specified in the Order;
(c) these Terms control regarding use of the Service, acceptable use, restrictions, suspension/termination rights, and legal terms, unless expressly stated otherwise in the Subscription Agreement; and
(d) privacy matters are governed by the Privacy Policy.

2. Definitions

2.1 “Service” means the CyberComply Platform, including features, updates, enhancements, and documentation made available with your subscription.
2.2 “Subscription” means your paid or trial access rights to the Service for a specified term and plan/tier.
2.3 “Order” has the meaning stated in Section 1.1.
2.4 “Customer Data” means data, content, files, submissions, and information you (or your authorized users) enter into or transmit through the Service.
2.5 “Instance” means a dedicated, single-tenant deployment environment of the Service provisioned for you, logically and operationally isolated from other customers.

3. Eligibility

You represent and warrant that you:
(a) are at least 18 years old and legally capable of entering into binding contracts;
(b) are accessing the Service on behalf of yourself or an entity with proper authorization; and
(c) will use the Service only for lawful purposes and in compliance with applicable laws and regulations, including U.S. export control laws.

4. Subscription, Accounts, and Authorized Users

4.1 Account Registration. To access the Service, you must create an account and provide accurate, complete, and current information.
4.2 Authorized Users. You are responsible for all activity under your accounts and for ensuring your users comply with these Terms, the Subscription Agreement (if applicable), and applicable law.
4.3 Account Security. You are responsible for safeguarding credentials and must notify us promptly of suspected unauthorized use.

5. Subscription Model; Multi-Instance (Single-Tenant Per Instance)

5.1 Multi-Instance Model. CyberComply subscriptions may be provisioned as a Multi-Instance deployment model. Each Instance is deployed as a dedicated, single-tenant environment that is logically and operationally isolated from other customers.
5.2 Per-Instance Commercial Terms. Unless expressly stated otherwise in an Order, subscription fees, usage limits, and plan entitlements apply per Instance (tenant-per-instance), not per user and not for a shared multi-tenant environment.
5.3 Provisioning. We may provision, upgrade, downgrade, suspend, or deprovision Instances in accordance with the Subscription Agreement/Order and these Terms.

6. License Grant; Permitted Use

6.1 License. Subject to your compliance with these Terms and, if applicable, timely payment under the Subscription Agreement/Order, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your Subscription term for your internal business purposes.
6.2 No Transfer. No rights are granted except as expressly stated.

7. Restrictions and Acceptable Use

7.1 Restrictions. You will not (and will not permit any third party to):
(a) copy, modify, reverse engineer, decompile, or attempt to derive source code from the Service;
(b) circumvent or disable security or access controls;
(c) interfere with or disrupt the Service, systems, or networks;
(d) use the Service to store or transmit unlawful, infringing, harmful, or malicious content (including malware);
(e) resell, sublicense, rent, lease, or provide the Service to third parties unless expressly permitted in writing by us or in an Order; or
(f) use the Service in any manner prohibited by these Terms or the Subscription Agreement.

7.2 Compliance. You are responsible for ensuring your use complies with law and any customer-specific regulatory obligations.

8. Data, Security, and Privacy

8.1 Customer Data Ownership. As between the parties, you retain ownership of Customer Data. We do not claim ownership of your compliance materials, policies, or documentation.
8.2 Processing. You grant us the right to host, process, transmit, and display Customer Data solely as necessary to provide, secure, maintain, and improve the Service and to meet our legal obligations, consistent with the Privacy Policy.
8.3 Sensitive Information; CUI/FCI. The Service is not designed for storage of Controlled Unclassified Information (CUI) or Federal Contract Information (FCI). You agree not to upload CUI or FCI into the Service.
8.4 Privacy Policy. Personal information handling is governed by the Privacy Policy.

9. Payment, Billing, Renewals, and Taxes

9.1 Fees. Subscription fees and billing terms are as stated in your Order and/or Subscription Agreement. Unless required by law, fees are non-refundable.
9.2 Auto-Renewal. If your Subscription is set to auto-renew, it will renew unless canceled prior to the renewal date, as described in your Order/Subscription Agreement or as provided at checkout.
9.3 Taxes. Fees are exclusive of taxes. You are responsible for applicable taxes.
9.4 Non-Payment. We may suspend or terminate access for overdue amounts after reasonable notice, except where prohibited by law.

10. Term; Suspension; Termination

10.1 Term. These Terms remain in effect while you access or use the Service. If you have a Subscription, these Terms remain in effect during the Subscription term.
10.2 Suspension/Termination by Company. We may suspend or terminate your access (including one or more Instances) if you: (a) violate these Terms; (b) fail to pay fees when due; (c) create a security risk; or (d) engage in unlawful or harmful activities.
10.3 Termination by Customer. You may cancel in accordance with the Subscription Agreement/Order or by contacting support.
10.4 Effect of Termination. Upon termination or expiration, your right to access the Service ends. Data retention, retrieval, and deletion practices are governed by the Subscription Agreement (if applicable) and/or the Privacy Policy, and any published retention practices.

11. Intellectual Property

11.1 Provider IP. The Service, its design, features, software, and all related intellectual property are owned by the Company or its licensors.
11.2 Feedback. If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty-free right to use and incorporate them without restriction, unless prohibited by law.

12. Service Availability; Disclaimers

12.1 Availability. The Service may experience downtime, maintenance, or technical issues. We may modify or discontinue features as described in the Subscription Agreement/Order and these Terms.
12.2 Disclaimer. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; AND
(b) OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, and agents from and against claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Service; (b) your violation of these Terms; or (c) your infringement of third-party rights.

15. Modifications

We may update these Terms by posting an updated version on our website and updating the “Last Updated Date.” Continued use of the Service after the effective date constitutes acceptance, except where prohibited by law. If you do not agree to updated Terms, you must stop using the Service and cancel any Subscription in accordance with the Subscription Agreement/Order.

16. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any disputes shall be resolved through binding arbitration in Miami-Dade County, Florida, unless otherwise required by law.

17. Contact Information

Armada Cyber Defense LLC (d/b/a CyberComply)
Email: support@cybercomply.us
Office: (305) 306-1800

18. Miscellaneous

18.1 Severability. If any provision is unenforceable, the remainder remains in effect.
18.2 Assignment. You may not assign these Terms without our prior written consent; we may assign to an affiliate or successor in connection with a merger, acquisition, or sale of assets.
18.3 Entire Agreement. These Terms, the Subscription Agreement (if applicable), Orders, and the Privacy Policy constitute the entire agreement regarding the Service and supersede prior or contemporaneous understandings on the same subject matter.

Terms of Use