Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Cyberency Inc, a company incorporated in the State of California, United States ("Cyberency," "we," "our," or "us").

By accessing or using our website at cyberency.com ("Site") or engaging our cybersecurity services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use this Site or our services.

These Terms apply to website visitors and prospective clients. Actual service engagements are governed by separate written service agreements or statements of work, which take precedence over these Terms where they conflict.

2. Services

Cyberency Inc provides professional cybersecurity services including but not limited to:

• Healthcare compliance consulting (HIPAA, HITECH, and related regulations)
• Penetration testing and security assessments
• Vulnerability assessments
• Security policy development
• Risk analysis and management

All professional service engagements require a separate written agreement signed by authorized representatives of both parties. Nothing on this website constitutes a binding service offer or agreement without such a written agreement.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into binding agreements on behalf of yourself or your organization to use our services or engage with us through this Site.

Our services are intended for business entities, healthcare organizations, and professionals. We reserve the right to decline service to any party for any lawful reason.

4. Authorized Use

You may use this Site for lawful purposes to learn about our services, contact us, and engage with our business. All penetration testing and security assessment services are performed only under explicit written authorization from the system owner.

5. Prohibited Conduct

You agree not to:

• Use this Site or our services for any unlawful purpose
• Attempt to gain unauthorized access to any part of this Site or its infrastructure
• Use automated tools to scrape, crawl, or harvest content from this Site without permission
• Misrepresent your identity or affiliation when contacting us
• Submit false or misleading information in contact forms or service inquiries
• Interfere with the proper functioning of this Site
• Attempt to engage our services for unauthorized testing of third-party systems
• Use information or reports provided by Cyberency for any purpose beyond the scope agreed in your service agreement

6. Intellectual Property

All content on this Site — including text, graphics, logos, design, and code — is the property of Cyberency Inc and is protected by United States copyright law and applicable international treaties.

You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.

Reports, methodologies, tools, and deliverables created by Cyberency Inc in the course of an engagement are licensed to the client for their internal use only, as specified in the applicable service agreement. Cyberency retains ownership of all underlying methodologies, tools, and processes.

7. Disclaimers

THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CYBERENCY INC DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• This Site will be available at all times or free from errors
• Information on this Site is complete, accurate, or current
• Any security assessment will identify all vulnerabilities in a target environment
• Compliance with applicable laws or regulations will be achieved by following our recommendations alone

Security assessments reflect the state of a system at a specific point in time. New vulnerabilities may emerge after an assessment is completed.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, CYBERENCY INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THIS SITE OR OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THIS SITE EXCEED ONE HUNDRED DOLLARS ($100.00). LIABILITY ARISING FROM PROFESSIONAL SERVICE AGREEMENTS IS GOVERNED BY THE TERMS OF THOSE AGREEMENTS.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Cyberency Inc and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your misuse of our Site or services
• Your violation of any applicable law or third-party rights
• Any false or misleading information you provide to us

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

11. Dispute Resolution

Any dispute arising from these Terms or your use of this Site shall first be addressed through good-faith negotiation between the parties.

If the dispute cannot be resolved through negotiation within 30 days, either party may pursue binding arbitration under the rules of the American Arbitration Association (AAA), conducted in California. Each party shall bear its own costs unless the arbitrator determines otherwise.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Termination

We reserve the right to terminate or restrict your access to this Site at any time, for any reason, without notice. This includes if we reasonably believe you have violated these Terms.

Sections 6 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law), and 11 (Dispute Resolution) survive any termination of these Terms.

13. Changes to Terms

We may revise these Terms at any time. The "Last updated" date at the top of this page will reflect when changes were made. Your continued use of this Site following changes constitutes acceptance of the revised Terms.

For material changes, we will make reasonable efforts to provide notice.

14. Contact

Questions about these Terms should be directed to: