Terms of Service

1. The agreement

These Terms of Service ("Terms") are an agreement between Cygent LLC, a Delaware limited liability company ("Cygent", "we"), and the person or organisation using the Service ("you"). If you accept them for an organisation, you confirm you have authority to bind it. By creating an account, installing the software or using the Service, you agree to these Terms and to our Privacy Policy. A signed order form, where one exists, takes precedence over these Terms where they conflict.

2. The Service

Cygent is a cyber asset and attack surface management platform. The "Service" means the Cygent platform (hosted by us or self-hosted by you), the Cygent Sensor and Cygent Explorer software, integrations, Cygent Academy, documentation and support. Features depend on your plan and may evolve; we will not materially reduce the core functionality of a paid plan during a paid term.

3. Accounts and security

• Give accurate information and keep it up to date.
• Keep credentials confidential and use two-factor authentication where available.
• You are responsible for activity under your accounts and for the users you invite.
• Tell us promptly at privacy@cygent.net about any unauthorised access.

4. Authorisation to scan — required

Cygent performs discovery and security testing against the targets, IP ranges, networks, devices and accounts you configure. You may only use the Service against assets you own or have explicit, written authorisation to assess. You confirm that:

• you hold that authorisation for every target and network range you add, including any third-party hosting, cloud or service-provider permissions required;
• you will keep scanning within the scope, intensity and time windows you are permitted to use, especially on production, industrial (OT) and medical systems;
• intrusive or active testing tools are used only where your authorisation covers them.

We may pause or block scanning that appears unauthorised or harmful, and you are responsible for any claims arising from scanning you direct.

5. Acceptable use

You must not:

• use the Service to attack, disrupt or gain unauthorised access to any system, or to develop malware;
• break the law, infringe others' rights, or process data you have no right to process;
• interfere with the Service's security, overload it on purpose, or bypass usage limits or access controls;
• resell or provide the hosted Service to third parties except under an MSSP plan.

These restrictions do not limit any right you have under an open-source licence (see section 11).

6. Plans, fees and billing

• Plans. Cygent is offered as Community (free), Professional, Enterprise and MSSP plans, described on our pricing page. Usage limits apply per plan; if you exceed them we will ask you to upgrade before restricting anything.
• Fees. Paid plans are billed in advance, monthly or annually, in US dollars, as stated in your order. Fees exclude taxes, which you pay except for taxes on our income.
• Renewal. Subscriptions renew automatically for the same term unless cancelled before the renewal date. You can cancel at any time; cancellation takes effect at the end of the current term.
• Price changes. We give at least 30 days' notice before a price change applies to your next term.
• Refunds. You may cancel your first annual subscription within 14 days of purchase for a full refund. Otherwise fees are non-refundable, except where the law requires a refund or we end the Service without cause, in which case we refund the unused prepaid portion.
• Late payment. If an invoice is unpaid 15 days after notice, we may suspend paid features until it is settled. Your data is not deleted because of a suspension.
• Trials. Trials and the Community plan are provided "as is", without support commitments.

7. Your data

You own the data you put into or generate with the Service ("Customer Data"). You grant us the rights needed to host, process and display it only to provide and secure the Service for you, as described in the Privacy Policy. A data processing agreement is available on request. You can export Customer Data while your subscription is active and for 30 days after it ends; after that we delete it as set out in the Privacy Policy.

8. AI features

AI features send your request and relevant context to the model provider your administrator configures. AI output can be incomplete or wrong; you are responsible for reviewing it before acting, especially before changing systems. We do not use Customer Data to train AI models.

9. Third-party integrations

When you connect third-party products, your use of them is governed by their own terms, and you authorise us to exchange data with them as you configure. We are not responsible for third-party products or their availability.

10. Confidentiality

Each party will protect the other's non-public information with at least reasonable care, use it only for this agreement, and share it only with people who need it and are bound by similar obligations, unless the law requires disclosure.

11. Intellectual property and open source

Cygent LLC owns the Service, its brand and its proprietary components. Parts of Cygent are derived from open-source software, including components licensed under the GNU General Public License v3. For those components, the open-source licence governs, and nothing in these Terms restricts the rights it grants you. Where we distribute GPL-licensed software to you (for example in a self-hosted deployment), you can request the corresponding source code at privacy@cygent.net.

If you send us feedback, we may use it without obligation to you.

12. Availability and support

We work to keep the hosted Service available and secure, and may perform maintenance, ideally with advance notice. Service levels and support response times apply only where your plan or order form states them (for example the Enterprise SLA).

13. Disclaimer

Security tools reduce risk but cannot find every asset or vulnerability. Except as expressly stated in these Terms or an order form, the Service is provided "as is" and "as available", and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.

14. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Each party's total liability under these Terms is limited to the fees you paid for the Service in the 12 months before the claim (or USD 100 if you use only free plans). These limits do not apply to your payment obligations, your breach of section 4 or 5, or liability that cannot be limited by law.

15. Indemnification

You will defend and indemnify Cygent against third-party claims arising from scanning or testing you directed without proper authorisation, from Customer Data you had no right to process, or from your breach of these Terms.

16. Term and termination

These Terms apply while you use the Service. You may stop at any time. We may suspend or end access for a material breach that is not fixed within 15 days of notice, or immediately for unauthorised scanning, security threats or legal requirements. Sections that by their nature should survive (fees owed, confidentiality, disclaimers, liability, indemnity and governing law) survive termination.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to it. Mandatory consumer-protection rights in your country of residence are not affected.

18. Changes to these Terms

We may update these Terms. We will post the new version here with its date and, for material changes, notify account owners at least 30 days before they apply. Continuing to use the Service after that means you accept the update.

19. Contact

Cygent LLC — Delaware, United States Email: privacy@cygent.net