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Terms of Service
EFFECTIVE DATE: [EFFECTIVE DATE — TBD]
1. Agreement to these terms
These Terms of Service ("Terms") govern your use of breachback.com (the "Site"), operated by [ENTITY NAME], doing business as BreachBack ("BreachBack," "we," "us"). By using the Site, you agree to these Terms. If you don't agree, don't use the Site.
2. Services are sold separately
The Site describes our services. It does not deliver them. Recovery drills, backup architecture, incident response retainers, fractional CSO engagements, code patching, and every other BreachBack service are provided exclusively under a separate, signed Master Services Agreement and Statement of Work (or equivalent written agreement) between you and us. Nothing on the Site — including pricing, plan descriptions, sample artifacts, and readiness-score results — creates a service engagement, a client relationship, or any obligation on our part to respond to an incident. If these Terms conflict with a signed agreement, the signed agreement controls.
3. Site content is information, not advice
Content on the Site — including pages about HIPAA, PCI, cyber insurance, and regulatory proposals — is general information. It is not legal advice, compliance advice, insurance advice, or a substitute for the judgment of your own attorney, compliance officer, or insurance professional. Regulations change; proposals get revised; your situation is specific. Confirm anything that matters with a qualified professional before acting on it.
4. No guarantee of breach prevention
Our entire premise is that no one can promise you won't be breached — including us. Nothing on the Site, and nothing in any readiness score, assessment, or sample evidence package, is a guarantee or warranty that your business will not suffer a security incident, data breach, ransomware attack, or data loss, or that any recovery will meet a particular timeframe. Security outcomes depend on factors outside any vendor's control.
5. Acceptable use
Don't misuse the Site: no scraping at abusive volume, no attempts to disrupt or gain unauthorized access to it, no submitting forms with false identities, and no use of the Site in violation of applicable law. Security researchers acting in good faith should read our Responsible Disclosure policy, which governs that activity.
6. Intellectual property
The Site and its content — text, design, the BreachBack name and wordmark, and sample artifacts — are owned by us or our licensors. You may view and share links to the Site; you may not copy, republish, or commercially exploit its content without our written permission.
7. Disclaimer of warranties
The Site is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.
8. Limitation of liability
To the maximum extent permitted by law, BreachBack and its owners, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, business interruption, or cost of substitute services, arising out of or relating to your use of the Site or reliance on its content — even if we have been advised of the possibility of such damages. Our total aggregate liability arising out of the Site will not exceed one hundred dollars (US $100). Liability for services delivered under a signed agreement is governed by that agreement, not these Terms. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
9. Indemnification
You agree to indemnify and hold us harmless from claims arising out of your misuse of the Site or your violation of these Terms.
10. Governing law
These Terms are governed by the laws of the State of [STATE — Michigan placeholder], without regard to conflict-of-law principles. Any dispute arising out of these Terms or the Site will be brought exclusively in the state or federal courts located in [VENUE — Kent County, Michigan placeholder], and you consent to their jurisdiction.
11. Changes
We may update these Terms from time to time. The current version will always be posted here with its effective date. Continued use of the Site after a change means you accept the revised Terms.
12. Contact
Questions about these Terms: hello@breachback.com.