Terms of Service

What this is

Foxx Cyber vCISO (the "Service") is software from Foxx Cyber LLC ("Foxx Cyber", "we") that gives a business security advice through a conversation, keeps that business's security records, and, with the owner's permission, proposes changes to those records. These terms are the agreement between Foxx Cyber and the business that opens an account ("you").

By creating an account, activating one, or using the Service, you accept these terms on behalf of your business. If you do not have the authority to bind the business, do not create the account.

An advisor, not a guarantee

The Service is an advisory tool. It is not a managed security service, it does not monitor your systems, and it does not stop attacks. It is not a substitute for a security professional engaged for your business, an incident response firm, an insurer, an auditor, an assessor, or a lawyer.

The advice is produced by an AI model working from what you tell it and from a reference library. It can be wrong, incomplete, out of date, or wrong for your situation. It does not know what you have not told it. You are responsible for deciding what to do with it, and for what you do.

Nothing the Service says makes your business secure, compliant, or certified, and nothing it says is a statement that it is. Compliance and certification are decided by assessors, regulators, and your customers.

Nothing the Service says is legal advice. Whether you must notify anyone after an incident, what a contract requires of you, and what a regulator expects are questions for a lawyer.

You decide

The Service changes your records only at the level of authority you set: go ahead, ask me first, or do not touch. Anything it proposes under "ask me first" waits until you approve or decline it, and the Service records what you chose. Those records are yours, and they are also the record of what was recommended and what you decided.

You are responsible for the accuracy of what you tell the Service, for reviewing what it proposes before you approve it, and for carrying out, in your own systems, anything you decide to do. The Service has no access to your systems and does nothing outside its own records.

In an incident

If something is happening to your business right now, such as an account taken over, files encrypted, money sent to the wrong place, or customer data that may have been exposed, the Service will give first steps and will tell you to bring in an incident response firm and to call your insurer. Do that. The Service is not an emergency service and is not a substitute for one, and you agree not to rely on it as one.

Your account

• You must give accurate details, keep your password to yourself, and keep an authenticator app set up. You are responsible for everything done under your account.
• Tell support@foxxcyber.com at once if you think your account has been used by someone else.
• One business per account at sign-up. Team members you add act on behalf of the business.
• You must be able to enter into a contract, and the business must be a business, not a consumer.

Your data

What you tell the Service about your business, and the records it keeps for you, belong to you. We use them only to provide the Service, to keep it secure, and to meet our legal obligations. We do not sell them and we do not use them to train models.

To provide the Service we rely on processors: Anthropic processes conversations to produce the model's answers, Railway hosts the Service, and Foxx Cyber's own portal at foxxcyber.com handles accounts and billing. Each is bound to use your data only to provide its service to us. Our Privacy Notice says more.

You keep responsibility for what you put into the Service. Do not enter information you are not permitted to share with a processor, including controlled unclassified information, payment card numbers, or health records.

Acceptable use

• Use the Service for your own business's security. Do not use it to attack, probe, or gain access to systems you do not own or have permission to test.
• Do not try to extract the model's instructions, to get around its authority settings, or to use it to generate malicious code or deceptive messages.
• Do not resell the Service or offer it as your own. Managed service providers need a plan that says so.
• Do not interfere with the Service or other customers' use of it.

We may suspend or close an account that breaks these rules.

Fees, trials, and ending the agreement

Plans, prices, trials, and billing are set out on foxxcyber.com and handled through your Foxx Cyber account. Fees are charged in advance and are not refundable except where the law requires it. You can cancel at any time; the Service stays available until the end of the period you have paid for.

We may close an account that is unpaid, that breaks these terms, or that we are required to close by law. If we discontinue the Service we will give at least thirty days' notice and a way to export your records.

When an account ends we delete its records within ninety days, except what we must keep by law.

No warranty

The Service is provided as is and as available. To the fullest extent the law allows, Foxx Cyber disclaims all warranties, express or implied, including fitness for a particular purpose, merchantability, non-infringement, and any warranty that the advice will be accurate, complete, or suitable, that the Service will be uninterrupted or error-free, or that using it will prevent any security incident, loss, or claim.

Limits on liability

To the fullest extent the law allows, Foxx Cyber is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, or for the cost of substitute services, arising out of or related to the Service or these terms, however caused and on any theory of liability, even if we were told such damages were possible.

To the fullest extent the law allows, Foxx Cyber's total liability arising out of or related to the Service or these terms will not exceed the fees you paid for the Service in the twelve months before the event giving rise to the claim, or one hundred US dollars if you paid nothing.

In particular, and without limiting the above, Foxx Cyber is not liable for any security incident, breach, loss, fine, or claim that affects your business, whether or not the Service advised on the matter, advised something different, or did not advise on it at all. The Service informs your decisions; it does not make them and it does not carry them.

Some jurisdictions do not allow some of these limits. In those places the limits apply as far as they are allowed.

Indemnity

You will defend and indemnify Foxx Cyber against claims by third parties arising from your use of the Service in breach of these terms, from the data you put into it, or from the decisions you make and the actions you take in your own systems.

Disputes

These terms are governed by the laws of [the State to be named by counsel], United States, without regard to its conflict of laws rules. Any dispute will be resolved [by binding arbitration under the rules of a body to be named by counsel, on an individual basis and not as a class or representative action, with the option for either party to bring an individual claim in small claims court]. Before starting any proceeding, you agree to write to support@foxxcyber.com and give us thirty days to try to resolve it.

Changes to these terms

Each version of these terms carries a date. When we change them in substance we will show you the new version and ask you to accept it before you continue; the version you accepted, and when, is kept on your account. Using the Service after accepting a version means that version applies.

The rest

• These terms, the Privacy Notice, and the plan you bought are the whole agreement between you and Foxx Cyber about the Service.
• If part of these terms cannot be enforced, the rest still applies.
• You may not transfer this agreement without our written consent. We may transfer it to a successor of the business.
• Notices to us go to support@foxxcyber.com. Notices to you go to the email on your account.