Terms of Service

By accessing or using the services provided by CycloudForte Ltd ("CycloudForte", "we", "us", or "our"), including our website at www.cycloudforte.com, our cybersecurity platforms, consulting services, and any related tools or products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

These Terms constitute a legally binding agreement between you (whether as an individual or on behalf of an entity) and CycloudForte Ltd. By using our Services, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.

CycloudForte provides a range of cybersecurity and cloud security services, including but not limited to:

Security Assessment Services

Vulnerability assessments, penetration testing, security audits, compliance assessments, and risk analysis tailored to your organisation's infrastructure and business requirements.

Managed Security Services

Continuous security monitoring, threat detection and response, security information and event management (SIEM), and incident response support.

Security Training and Awareness

Phishing simulation campaigns, cybersecurity awareness training, executive security briefings, and customised training programmes for organisations.

Consulting and Advisory

Security strategy development, governance, risk and compliance (GRC) consulting, policy development, and regulatory compliance guidance including NDPR, NDPA, ISO 27001, and other relevant frameworks.

Software Products

Proprietary security platforms and tools, including ArcheaOne and other products as may be developed and released from time to time.

The specific scope, deliverables, and terms of any particular engagement shall be set forth in a separate Statement of Work (SOW) or service agreement between CycloudForte and the client.

When using our Services, you agree to:

Lawful Use

Use our Services only for lawful purposes and in compliance with all applicable Nigerian laws and regulations, including the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 and the Nigeria Data Protection Act 2023.

Accurate Information

Provide accurate, current, and complete information when creating an account, submitting forms, or engaging our services. You are responsible for maintaining the accuracy of your information.

Account Security

Maintain the confidentiality of your account credentials and immediately notify CycloudForte of any unauthorised access or use of your account.

Prohibited Activities

You must not: use our Services to conduct any form of unauthorized security testing, hacking, or network intrusion against systems you do not own or have permission to test; reverse engineer, decompile, or disassemble any CycloudForte software or proprietary tools; interfere with or disrupt the integrity or performance of our Services; attempt to gain unauthorised access to our systems, networks, or data; use our Services to distribute malware, spam, or engage in any form of cyberattack; misrepresent your identity or affiliation; or use our Services in any manner that could damage, disable, or impair CycloudForte's infrastructure.

Cooperation

Provide reasonable cooperation and access as necessary for CycloudForte to deliver the agreed-upon Services, including timely provision of required documentation, system access, and feedback.

CycloudForte Intellectual Property

All intellectual property rights in our Services, including our website, software, tools, methodologies, frameworks, reports, documentation, trademarks, logos, and brand elements, are and shall remain the exclusive property of CycloudForte Ltd. Nothing in these Terms grants you any right, title, or interest in our intellectual property except as expressly stated herein.

Client Materials

You retain all rights to any data, materials, or content you provide to CycloudForte in connection with the Services ("Client Materials"). You grant CycloudForte a limited, non-exclusive licence to use your Client Materials solely for the purpose of delivering the Services.

Deliverables

Unless otherwise agreed in a separate written agreement, reports, assessments, and recommendations produced by CycloudForte as part of a client engagement ("Deliverables") are provided for the client's internal use only. CycloudForte retains ownership of all methodologies, tools, and general knowledge used in creating the Deliverables.

Feedback

Any feedback, suggestions, or ideas you provide regarding our Services may be used by CycloudForte without restriction or obligation to you.

Both parties acknowledge that in the course of the engagement, they may receive or have access to confidential information belonging to the other party. Each party agrees to: treat all confidential information with the same degree of care as it treats its own confidential information (but no less than reasonable care), use confidential information only for the purposes of the engagement, not disclose confidential information to any third party without prior written consent, and return or destroy confidential information upon termination of the engagement.

Confidentiality obligations shall survive the termination of these Terms for a period of three (3) years.

To the maximum extent permitted by Nigerian law:

No Guarantee of Security

While CycloudForte employs industry-leading practices and methodologies, we do not guarantee that our Services will identify all vulnerabilities, prevent all security incidents, or render any system completely secure. Cybersecurity is an ongoing process, and no solution can provide absolute protection.

Limitation on Damages

CycloudForte's total liability arising out of or in connection with these Terms or any Services shall not exceed the total fees paid by you to CycloudForte in the twelve (12) months immediately preceding the event giving rise to the claim.

Exclusion of Consequential Damages

In no event shall CycloudForte be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill, regardless of whether such damages were foreseeable or whether CycloudForte was advised of the possibility thereof.

Force Majeure

CycloudForte shall not be liable for any failure or delay in performing obligations due to circumstances beyond our reasonable control, including natural disasters, acts of government, cyber incidents affecting third-party infrastructure, power failures, or internet service disruptions.

You agree to indemnify, defend, and hold harmless CycloudForte Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: your use or misuse of our Services, your violation of these Terms, your violation of any applicable law or regulation, your infringement of any third-party rights, any Client Materials that you provide to CycloudForte, or any actions taken based on our Deliverables that go beyond the scope of our recommendations.

Termination by Either Party

Either party may terminate these Terms or any specific engagement by providing thirty (30) days' written notice to the other party, unless otherwise specified in a separate service agreement.

Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within fifteen (15) days of receiving written notice of the breach.

Effect of Termination

Upon termination: CycloudForte will cease providing Services, you shall pay all fees and expenses accrued up to the date of termination, each party shall return or destroy the other party's confidential information, and sections relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

Fees for Services shall be as set out in the applicable Statement of Work or service agreement. Unless otherwise agreed: invoices are payable within thirty (30) days of the invoice date, all fees are quoted in Nigerian Naira (NGN) unless otherwise specified, late payments shall attract interest at a rate of 1.5% per month or the maximum rate permitted by law (whichever is lower), and CycloudForte reserves the right to suspend Services in the event of non-payment beyond sixty (60) days.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be resolved as follows:

Negotiation

The parties shall first attempt to resolve any dispute through good-faith negotiation within thirty (30) days of one party notifying the other of the dispute.

Mediation

If negotiation fails, the parties shall submit the dispute to mediation under the rules of the Lagos Court of Arbitration (LCA) or such other mediation body as the parties may agree.

Arbitration

If mediation fails to resolve the dispute within sixty (60) days, the dispute shall be referred to and finally resolved by arbitration under the rules of the Lagos Court of Arbitration. The arbitration shall be conducted in Lagos, Nigeria, in the English language, by a sole arbitrator appointed in accordance with the LCA rules.

Jurisdiction

Notwithstanding the above, either party may seek injunctive or other equitable relief from the courts of competent jurisdiction in Lagos, Nigeria, to protect its intellectual property rights or confidential information.

CycloudForte reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services.

Entire Agreement

These Terms, together with any applicable Statement of Work or service agreement, constitute the entire agreement between you and CycloudForte with respect to the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

No failure or delay by CycloudForte in exercising any right under these Terms shall operate as a waiver of that right.

Assignment

You may not assign your rights or obligations under these Terms without CycloudForte's prior written consent. CycloudForte may assign these Terms in connection with a merger, acquisition, or sale of assets.

For any questions or concerns regarding these Terms of Service, please contact us:

CycloudForte Ltd Email: info@cycloudforte.com Website: www.cycloudforte.com