Terms of Service

These Terms of Service ("Terms") govern access to and use of the DigVel website and the cybersecurity consulting and software validation services described on it (collectively, the "Services"), offered by DigVel, Inc. ("DigVel", "we", "us"). By accessing the website, engaging DigVel for Services, or paying an invoice, you ("Client", "you") agree to be bound by these Terms.

1. Acceptance of Terms

These Terms apply to every visitor of the website and every Client that engages DigVel for Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Description of Services

DigVel provides cybersecurity consulting services, including but not limited to vulnerability assessment, penetration testing, compliance auditing, and third-party software validation (e.g. OSINT-based compliance screening and dynamic security analysis). The specific scope, deliverables, timeline, and fees for a given engagement are set out in a Statement of Work, order form, or checkout confirmation ("SOW"). These Terms apply in addition to, and do not replace, the terms of an active SOW; in case of conflict, the SOW controls for that engagement.

3. Fees, Payment & Billing

Fees for Services are as set out in the applicable SOW, order form, or pricing page at the time of purchase. Payments are processed through our payment processor, Stripe, Inc. By submitting payment, you authorize DigVel and its payment processor to charge the payment method provided for all fees due. Fees are quoted in USD and are exclusive of applicable taxes unless stated otherwise. Late or failed payments may result in suspension of an engagement until resolved.

4. Term & Termination

These Terms remain in effect for as long as you use the website or have an active engagement with DigVel. Either party may terminate an engagement as set out in the applicable SOW or, absent such terms, with 14 days' written notice. Sections that by their nature should survive termination (including Fees for work performed, Intellectual Property, Confidentiality, Limitation of Liability, and Dispute Resolution) survive any termination or expiration of these Terms.

5. Client Responsibilities

You agree to:

• Provide accurate information about the software, systems, or target environment to be assessed, including confirmation that you have the legal right to submit it for analysis;
• Cooperate in good faith and provide timely access, credentials, or samples reasonably required to perform the Services;
• Use the Services only for lawful purposes and in accordance with our Acceptable Use Policy;
• Not use the Services to test production systems you do not own or have authorization to test.

6. Deliverables & Acceptance

Deliverables (e.g. OSINT reports, dynamic analysis reports, remediation recommendations) will be provided in the format described in the applicable SOW. Unless a specific acceptance procedure is defined in the SOW, deliverables are deemed accepted upon delivery.

7. Intellectual Property

DigVel retains ownership of its pre-existing methodologies, tools, and know-how used to perform the Services. Upon full payment, DigVel grants Client a non-exclusive, non-transferable license to use the deliverables (reports, findings, recommendations) internally for Client's own compliance and security purposes. Client retains all rights to the software and systems it submits for analysis. Neither party acquires rights in the other party's pre-existing intellectual property by virtue of these Terms.

8. Confidentiality

Each party may disclose confidential information to the other in connection with the Services, including software submitted for analysis, findings, and business information. The receiving party will use confidential information solely to perform or receive the Services, protect it with at least the same degree of care it uses for its own confidential information (and no less than reasonable care), and not disclose it to third parties except as required by law or to subcontractors bound by equivalent confidentiality obligations. This section does not limit disclosures required by a valid legal or regulatory order.

9. Data Protection

DigVel processes personal data as described in our Privacy Policy and, where applicable to an engagement, our Data Processing Addendum.

10. Warranties & Disclaimers

DigVel will perform the Services using qualified personnel and in a professional and workmanlike manner consistent with industry standards. Except as expressly stated, Services and deliverables are provided "as is" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. No Guarantee of Certification

DigVel's deliverables are assessments, reports, and recommendations. They do not constitute, and DigVel does not issue, an official CMMC certification or a guarantee of NIST 800-171 compliance. Any determination of formal certification status remains solely within the authority of the relevant accreditation body or authorized third-party assessor organization (C3PAO). See also our Disclaimer.

12. Limitation of Liability & Indemnification

To the fullest extent permitted by law, DigVel's total liability arising out of or related to the Services will not exceed the fees paid by Client for the specific engagement giving rise to the claim in the 12 months preceding the claim. Neither party will be liable for indirect, incidental, special, consequential, or punitive damages. Client agrees to indemnify DigVel against third-party claims arising from Client's breach of these Terms, including submission of software or targets without proper authorization.

13. Dispute Resolution & Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. The parties will first attempt to resolve any dispute informally by contacting each other. Unresolved disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts.

14. Force Majeure

Neither party is liable for delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, internet or utility failures, or governmental action.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by an updated "Last updated" date, and where an engagement is active, by direct notice to Client. Continued use of the Services after changes take effect constitutes acceptance.

16. Miscellaneous

These Terms, together with any SOW, constitute the entire agreement between the parties regarding the Services. If any provision is found unenforceable, the remaining provisions remain in full effect. Neither party may assign these Terms without the other party's written consent, except in connection with a merger, acquisition, or sale of substantially all assets. Notices under these Terms should be sent to the contact details below.

17. Contact Us

Questions about these Terms can be sent to [email protected] or 728 Broadway, 322, Saugus, MA 01906.