Terms of Service

1.1 Binding Agreement: These Terms of Service ("Terms") constitute a legally binding agreement between Fortica Cyberguard LLP ("Fortica", "we", "us") and the party accessing our digital properties or commissioning cybersecurity audits ("Client", "you").

1.2 Order of Precedence: In the event of any operational conflict between these Terms and a mutually executed Master Services Agreement (MSA) or Statement of Work (SOW), the provisions of the formal SOW shall supersede solely regarding the technical specifications and pricing of that specific assessment.

2.1 Client Warranty: The Client explicitly represents, covenants, and warrants that it possesses all necessary legal right, title, power, and regulatory authority to authorize Fortica to perform adversarial testing, penetration testing, vulnerability exploitation, and source code auditing upon the designated target assets.

2.2 Third-Party Hosting & Cloud Providers: Where target environments reside upon third-party cloud infrastructure (e.g., AWS, Microsoft Azure, Google Cloud Platform), the Client affirms that such testing complies with the respective cloud vendor's Penetration Testing Rules of Engagement.

3.1 Strict In-Scope Containment: Fortica engineers strictly confine active exploitation and scanning to the exact IP blocks, domains, subnets, API endpoints, and Git repositories documented in the executed SOW. Any unexpected asset discovered during reconnaissance is immediately marked out-of-scope until written client confirmation is received.

3.2 Out-of-Scope Prohibitions: Unless explicitly mandated in writing under specialized Red Teaming ROE, the following attack vectors are strictly prohibited: volumetric Denial of Service (DoS/DDoS), physical perimeter compromise, social engineering targeting non-consenting employees, and data destruction.

3.3 Production System Safeguards: In production environments, Fortica exercises maximum engineering caution to avoid service degradation. Exploits are executed in a non-destructive manner using surgical proof-of-concept indicators.

4.1 Definition of Confidential Information: Confidential Information includes: discovered vulnerabilities, exploit proofs-of-concept, architectural blueprints, proprietary source code, credential hashes, and delivered assessment reports.

4.2 Standard of Care: Both parties agree to protect Confidential Information with the same degree of care they exercise with their own highly confidential trade secrets, and in no event less than reasonable care. Fortica encrypts all client deliverables with AES-256 GCM.

4.3 Duration: Confidentiality obligations under this Section remain binding for a minimum period of five (5) years following the termination of services, with trade secrets and vulnerability deliverables protected in perpetuity.

5.1 Client Ownership: Upon receipt of full payment, the Client owns all right, title, and interest in and to the final customized vulnerability assessment reports, architectural remediation strategies, and specific attestation deliverables prepared by Fortica.

5.2 Fortica Intellectual Property: Fortica retains sole and exclusive ownership of all background methodologies, proprietary testing tools, automated exploit scripts, custom nuclei templates, and general threat research developed prior to or independently during the engagement.

6.1 Scope of Retest: Complimentary retesting applies to the specific vulnerabilities documented in the original findings report. Scope additions or substantial architectural rewrites outside the original SOW will be scoped separately.

7.1 Aggregate Liability Cap: In no event shall the total aggregate liability of Fortica Cyberguard LLP arising out of or related to an engagement exceed the total fees actually paid by the Client under the specific Statement of Work giving rise to the claim during the six (6) months preceding the incident.

7.2 Exclusion of Consequential Damages: To the maximum extent permitted by applicable law, neither party shall be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, loss of data, loss of business reputation, or system downtime.

8.1 Professional Standards: Fortica warrants that services will be performed in a professional, ethical, and workmanlike manner adhering to established cybersecurity frameworks including OWASP, NIST SP 800-115, and OSSTMM.

8.2 Point-in-Time Assessment Disclaimer: Cybersecurity testing represents a point-in-time evaluation based on existing attack surfaces and threat actor intelligence. While Fortica applies rigorous offensive depth, no security assessment can guarantee absolute invulnerability against future zero-day vulnerabilities or insider threats.

9.1 Client Indemnity: The Client shall defend, indemnify, and hold harmless Fortica Cyberguard LLP and its partners from any third-party claims, liabilities, or regulatory penalties arising from the Client's breach of Section 2 (Authorization Warranty) or provision of targets not lawfully owned by the Client.

9.2 Fortica Indemnity: Fortica shall defend and indemnify the Client against third-party claims resulting directly from gross negligence or intentional misconduct by Fortica personnel during the active execution of an authorized SOW.

10.1 Governing Law: These Terms and any associated Statement of Work shall be governed by, construed, and enforced exclusively in accordance with the substantive laws of India, without giving effect to conflicts of law principles.

10.2 Amicable Resolution & Arbitration: In the event of any dispute, the parties agree to first engage in good-faith executive negotiations for thirty (30) days. Any unresolved dispute shall be submitted to binding arbitration conducted in Ahmedabad, Gujarat, in accordance with the Arbitration and Conciliation Act, 1996.

10.3 Exclusive Court Jurisdiction: Subject to the arbitration clause, the competent civil courts located in Ahmedabad, Gujarat, India shall possess sole and exclusive jurisdiction over any legal proceedings arising hereunder.