Terms of Service

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1. Agreement to Terms

Welcome to Cyber Point Advisory. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Cyber Point Advisory ("Company," "we," "us," or "our") governing your access to and use of our website at cyberpointadvisory.com (the "Site") and any related services.

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Site.

2. Eligibility

To use our Site and services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable law

By using our Site, you represent and warrant that you meet all eligibility requirements.

3. Description of Services

Cyber Point Advisory provides cybersecurity consulting and advisory services, including but not limited to:

• CISO as a Service (virtual Chief Information Security Officer)
• Compliance consulting (SOC 2, HIPAA, ISO 27001, Texas SB 2610, and others)
• Security assessments and gap analysis
• Security program development
• Risk assessments and threat analysis
• Policy and procedure development
• Security awareness training

Our Site provides information about these services and allows you to request consultations. Actual service delivery is subject to separate written agreements.

4. Use of the Site

4.1 Permitted Use

You may use our Site for lawful purposes only. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal or business purposes related to evaluating or engaging our services.

4.2 Prohibited Conduct

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any part of the Site, other accounts, or computer systems
• Upload, transmit, or distribute viruses, malware, or other malicious code
• Interfere with or disrupt the Site's operation or servers
• Use automated means (bots, scrapers, etc.) to access the Site without our express permission
• Impersonate any person or entity, or misrepresent your affiliation
• Collect or harvest personal information about other users
• Use the Site to send unsolicited communications (spam)
• Attempt to reverse engineer, decompile, or disassemble any part of the Site
• Remove, alter, or obscure any proprietary notices on the Site

5. Intellectual Property

5.1 Our Content

All content on our Site, including but not limited to text, graphics, logos, images, audio, video, software, and the design and arrangement thereof ("Content"), is owned by Cyber Point Advisory or our licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Trademarks

"Cyber Point Advisory," our logo, and other marks used on the Site are trademarks of Cyber Point Advisory. You may not use our trademarks without our prior written permission.

5.3 Limited License

Subject to these Terms, we grant you a limited, revocable, non-exclusive license to view and print Content from the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Content without our prior written consent.

6. User Submissions

When you submit information through our contact forms or other means ("User Submissions"), you represent and warrant that:

• The information is accurate, current, and complete
• You have the right to submit such information
• The submission does not violate any third-party rights or applicable law

You grant us a non-exclusive, royalty-free license to use User Submissions for the purpose of responding to your inquiries and providing services.

7. Client Responsibilities

If you engage our consulting services, you agree to:

• Provide accurate, timely, and complete information necessary for service delivery
• Cooperate with our team and provide reasonable access to relevant systems and personnel
• Promptly review and respond to our communications and deliverables
• Pay all fees in accordance with the applicable service agreement

Failure to fulfill these responsibilities may result in delays, additional costs, or inability to complete services.

8. Texas SB 2610 Compliance Tools

Our Site offers interactive tools related to Texas Senate Bill 2610 (the "Cybersecurity Safe Harbor" law), including but not limited to the SB2610 Compliance Readiness Assessment, Implementation Guide, and Breach Response Plan Generator (collectively, the "Compliance Tools"). Your use of these Compliance Tools is subject to the following additional terms and disclaimers:

8.1 No Guarantee of Compliance or Safe Harbor Protection

THE COMPLIANCE TOOLS DO NOT GUARANTEE THAT YOUR ORGANIZATION WILL ACHIEVE COMPLIANCE WITH TEXAS SB 2610, QUALIFY FOR SAFE HARBOR PROTECTION, OR MEET ANY SPECIFIC REGULATORY OR LEGAL STANDARD. The determination of whether an organization qualifies for safe harbor protection under Texas SB 2610 is made by courts of law based on the specific facts and circumstances of each case, and may depend on factors beyond the scope of these tools.

Use of the Compliance Tools, completion of assessments, or generation of documents does not create any legal presumption of compliance, nor does it establish an attorney-client, consultant-client, or any other professional relationship with Cyber Point Advisory.

8.2 Not Legal or Professional Advice

The Compliance Tools provide general information and guidance based on publicly available interpretations of Texas SB 2610 and recognized cybersecurity frameworks (such as NIST CSF, CIS Controls, and others). This information:

• Is not tailored to your organization's specific circumstances, industry, size, risk profile, or legal obligations
• Does not constitute legal advice and should not be relied upon as a substitute for consultation with a qualified attorney licensed in Texas
• Does not constitute professional cybersecurity advice and should not be relied upon as a substitute for a comprehensive security assessment by qualified professionals
• May not reflect the most current legal interpretations, regulatory guidance, or amendments to Texas SB 2610
• May not address all applicable federal, state, or local laws, regulations, or industry-specific requirements that apply to your organization

8.3 User Responsibility and Acknowledgment

By using the Compliance Tools, you acknowledge and agree that:

• You are solely responsible for determining the applicability of Texas SB 2610 to your organization
• You are solely responsible for implementing appropriate cybersecurity measures for your organization
• You should consult with qualified legal counsel before relying on any assessment, checklist, or document generated by the Compliance Tools
• You should engage qualified cybersecurity professionals to conduct a thorough assessment of your organization's security posture
• The accuracy and completeness of any assessment results depend on the accuracy and completeness of the information you provide
• Cyber Point Advisory has no obligation to update the Compliance Tools to reflect changes in law, regulation, or best practices
• Any documents generated by the Compliance Tools (including breach response plans) require customization and professional review before implementation

8.4 Limitation of Liability for Compliance Tools

WITHOUT LIMITING THE GENERAL LIMITATION OF LIABILITY SET FORTH IN SECTION 10, CYBER POINT ADVISORY SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO:

• Your reliance on any assessment, score, recommendation, or output generated by the Compliance Tools
• Any determination by a court, regulatory body, or other authority that your organization does not qualify for safe harbor protection under Texas SB 2610
• Any data breach, security incident, or cyberattack affecting your organization, regardless of whether you used the Compliance Tools
• Any legal claims, fines, penalties, or damages (including punitive damages) arising from cybersecurity incidents or alleged non-compliance
• Any business decisions made based on information provided by the Compliance Tools
• Errors, omissions, or inaccuracies in the Compliance Tools or their outputs
• Your failure to implement recommendations or complete suggested security controls

8.5 No Warranty of Accuracy

The Compliance Tools are provided "AS IS" without any warranty of accuracy, completeness, or fitness for any particular purpose. Cybersecurity threats, legal requirements, and best practices evolve rapidly. The information and frameworks referenced in the Compliance Tools may become outdated or may not reflect current standards. Cyber Point Advisory makes no representation that the Compliance Tools are accurate, complete, reliable, current, or error-free.

8.6 Recommended Professional Consultation

We strongly recommend that you:

• Consult with a Texas-licensed attorney experienced in cybersecurity law before making legal determinations about SB 2610 applicability or safe harbor eligibility
• Engage qualified cybersecurity professionals to conduct formal risk assessments and implement security controls
• Have all breach response plans and security policies reviewed by qualified professionals before adoption
• Conduct regular security assessments and update your security program as threats and requirements evolve
• Contact Cyber Point Advisory for professional consulting services tailored to your organization's specific needs

9. Disclaimers

9.1 No Guarantee of Results

While we strive to provide high-quality cybersecurity consulting services, we do not guarantee specific outcomes. Cybersecurity is an evolving field, and no security measures can provide absolute protection against all threats. Our services are designed to help reduce risk, but cannot eliminate it entirely.

9.2 Site Provided "As Is"

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.3 Informational Purposes

Content on our Site is provided for informational purposes only and does not constitute professional advice. You should not rely solely on Site content for making business or security decisions. For specific guidance, please engage our consulting services or consult with qualified professionals.

9.4 Third-Party Content

Our Site may contain links to third-party websites or references to third-party products and services. We do not endorse or assume responsibility for any third-party content, products, or services.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYBER POINT ADVISORY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, CONSULTANTS, SUCCESSORS, AND AFFILIATES (COLLECTIVELY, THE "CYBER POINT PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, goodwill, or business opportunities
• Loss of data, data breach costs, notification costs, or credit monitoring costs
• Business interruption, system downtime, or operational losses
• Cost of substitute services or procurement of substitute goods
• Regulatory fines, penalties, assessments, or sanctions
• Litigation costs, settlement amounts, or legal fees (except as specifically provided in Section 11)
• Reputational harm or damage to business relationships
• Security incident response costs or forensic investigation expenses
• Costs of remediation, system restoration, or security improvements
• Any other direct, indirect, or intangible losses

ARISING OUT OF OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SITE, COMPLIANCE TOOLS, OR ANY CONTENT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (C) ANY SECURITY BREACH, CYBERATTACK, OR DATA INCIDENT AFFECTING YOUR ORGANIZATION; (D) UNAUTHORIZED ACCESS TO YOUR SYSTEMS OR DATA; (E) ANY RELIANCE ON ASSESSMENTS, RECOMMENDATIONS, OR OUTPUTS FROM THE COMPLIANCE TOOLS; (F) YOUR ORGANIZATION'S FAILURE TO ACHIEVE COMPLIANCE OR QUALIFY FOR SAFE HARBOR PROTECTION; (G) ANY GOVERNMENT OR REGULATORY ACTION; OR (H) ANY OTHER MATTER RELATING TO THESE TERMS OR THE SITE.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY, OR OTHERWISE), EVEN IF THE CYBER POINT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE SITE, THE COMPLIANCE TOOLS, OR ANY CONTENT SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CYBER POINT ADVISORY HAS OFFERED THE SITE, COMPLIANCE TOOLS, AND CONTENT FREE OF CHARGE (OR AT REDUCED RATES) IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH HEREIN, AND THAT THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

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

11. Indemnification

You agree to indemnify, defend, and hold harmless the Cyber Point Parties from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and expert witness fees) arising out of or related to:

• Your use of the Site, Compliance Tools, or any Content
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Your User Submissions or any information you provide to us
• Any misrepresentation made by you
• Any data breach, security incident, or cyberattack affecting your organization
• Your organization's cybersecurity practices, policies, or procedures (or lack thereof)
• Any claim that your organization failed to comply with Texas SB 2610 or any other law or regulation
• Your reliance on any assessment, recommendation, or output from the Compliance Tools
• Any claim related to your organization's eligibility (or ineligibility) for safe harbor protection
• Your failure to obtain appropriate professional legal or cybersecurity advice
• Any government investigation, regulatory inquiry, or enforcement action involving your organization
• Third-party claims arising from your use of information or recommendations from the Site

This indemnification obligation shall survive termination of these Terms and shall apply regardless of any negligence or other fault on the part of any Cyber Point Party.

12. Confidentiality

During the course of any engagement, both parties may have access to confidential information. We maintain strict confidentiality regarding all client information and expect the same regarding our proprietary methodologies, tools, and business information. Specific confidentiality terms will be addressed in service agreements.

13. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH:

• Cybersecurity Threats: The constantly evolving nature of cyber threats means that no security measure, tool, framework, or assessment can guarantee protection against all attacks. You acknowledge that cybersecurity is inherently uncertain and that security incidents may occur regardless of compliance efforts.
• Compliance Tools: The Compliance Tools are educational resources, not professional services. Results and recommendations are based on the information you provide and general industry practices, not a comprehensive analysis of your specific environment, risks, or legal obligations.
• Regulatory Interpretation: Laws such as Texas SB 2610 are subject to interpretation by courts, regulatory agencies, and legal professionals. Interpretations may change over time, and there is no guarantee that any particular compliance approach will be deemed sufficient.
• Safe Harbor Eligibility: Safe harbor protections under Texas SB 2610 require meeting specific statutory criteria that are determined by courts on a case-by-case basis. Use of the Compliance Tools does not establish or guarantee safe harbor eligibility.
• Business Decisions: Any business, security, or compliance decisions you make based on information from the Site or Compliance Tools are made at your own risk. You are solely responsible for the consequences of such decisions.

BY USING THE SITE AND COMPLIANCE TOOLS, YOU VOLUNTARILY ASSUME ALL SUCH RISKS AND AGREE TO RELEASE THE CYBER POINT PARTIES FROM ANY AND ALL LIABILITY ARISING THEREFROM.

14. Force Majeure

Cyber Point Advisory shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, government actions, cyberattacks, denial of service attacks, power failures, internet service provider failures, third-party service outages, labor disputes, or any other cause beyond our reasonable control.

15. No Professional Relationship

Your use of the Site and Compliance Tools does not create any attorney-client, accountant-client, consultant-client, or other professional relationship between you and Cyber Point Advisory. No such relationship exists unless and until you execute a separate written engagement agreement with us for professional consulting services.

The information provided on the Site and through the Compliance Tools is general in nature and is not a substitute for professional advice tailored to your specific circumstances. You should not act or refrain from acting based solely on information from the Site without first consulting appropriate legal, accounting, or cybersecurity professionals.

16. Governing Law and Jurisdiction

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at legal@cyberpointadvisory.com and attempt to resolve the dispute informally for at least thirty (30) days.

17.2 Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Houston, Texas.

The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically. The "Effective Date" at the top indicates when the Terms were last updated.

19. Termination

We may terminate or suspend your access to the Site at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Cyber Point Advisory.

22. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Cyber Point Advisory regarding your use of the Site and supersede all prior agreements and understandings.

23. Contact Information

If you have questions about these Terms of Service, please contact us:

Last updated: December 1, 2024