Terms and Conditions

1. Acceptance of Terms

By accessing and using the Cyphertech Consultancy Services website and services, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

2. Scope of These Terms

These Terms and Conditions govern your use of our public website, including:

• Browsing website content and resources
• Submitting contact forms and inquiries
• Applying for job positions through our careers portal
• Creating and managing user accounts
• Accessing publicly available information and documentation

Important: These Terms do NOT govern professional consulting services, technology implementation projects, or other professional engagements. Such services are governed by separate written agreements including Master Services Agreements (MSAs), Statements of Work (SOWs), or consulting contracts. If you engage us for professional services, those agreements supersede and take precedence over these website Terms.

3. Use of Services

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems (bots, scrapers) without permission
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the operation of our services

3. User Accounts

If you create an account on our website:

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access
• You must provide accurate and complete information
• We reserve the right to terminate accounts that violate these Terms

4. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Cyphertech Consultancy Services or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, or create derivative works without permission
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written consent

5. User Submissions

When you submit content (resumes, applications, messages, etc.) to us:

• You retain ownership of your content
• You grant us a license to use, store, and process your content for business purposes
• You warrant that your content does not infringe on third-party rights
• You are responsible for the accuracy and legality of your submissions
• We reserve the right to remove content that violates these Terms

6. Services and Availability

We strive to maintain uninterrupted access to our services, but:

• We do not guarantee continuous, error-free operation
• Services may be temporarily unavailable for maintenance or updates
• We reserve the right to modify or discontinue services at any time
• We are not liable for any disruption or loss resulting from service unavailability

7. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of third-party sites. Your use of third-party services is at your own risk and subject to their terms and conditions.

8. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness
• Warranties that services will be uninterrupted or error-free
• Warranties that defects will be corrected

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Cyphertech Consultancy Services, its directors, employees, agents, and affiliates shall not be liable for:

• Indirect, Incidental, or Consequential Damages: Including but not limited to loss of profits, revenue, data, goodwill, or business opportunities
• Service Interruptions: Damages resulting from use, inability to use, or unavailability of our services
• Data Security: Damages resulting from unauthorized access, data breaches, or cyber attacks (unless due to our gross negligence)
• Third-Party Actions: Damages caused by third-party services, websites, or content we link to
• Force Majeure: Damages resulting from events beyond our reasonable control (natural disasters, war, terrorism, pandemics, government actions)
• User Content: Damages arising from user-submitted content or actions of other users
• Technical Errors: Damages from software bugs, errors, or technical malfunctions

Liability Cap for Website Use: For claims arising from your use of this public website (not professional consulting services), our total aggregate liability shall be limited to $100 USD. This limitation applies to website functionality, content accuracy, technical availability, and related website operations.

Professional Services: For professional consulting engagements, liability is governed by the applicable consulting agreement, Master Services Agreement (MSA), or Statement of Work (SOW), not these website Terms.

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

10. Indemnification

You agree to indemnify and hold harmless Cyphertech Consultancy Services, its affiliates, and personnel from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

11. Privacy and Data Protection (GDPR Compliance)

Your use of our services is governed by our Privacy Policy, which complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

Your GDPR Rights:

• Right to Access: You can request a copy of your personal data we hold
• Right to Rectification: You can request correction of inaccurate data
• Right to Erasure: You can request deletion of your personal data ("right to be forgotten")
• Right to Data Portability: You can request your data in a structured, machine-readable format
• Right to Restrict Processing: You can request limitation on how we process your data
• Right to Object: You can object to processing based on legitimate interests or direct marketing
• Right to Withdraw Consent: You can withdraw previously given consent at any time
• Right to Lodge a Complaint: You can file a complaint with a supervisory authority

To exercise these rights, contact us at privacy@cyphertechconsultancyservices.com.

11a. Data Processing and Lawful Basis

We process your personal data based on the following lawful bases under GDPR Article 6:

• Consent (Art. 6(1)(a)): When you explicitly agree (e.g., job applications, contact forms)
• Contract (Art. 6(1)(b)): To fulfill contractual obligations when providing services
• Legal Obligation (Art. 6(1)(c)): To comply with legal, tax, or regulatory requirements
• Legitimate Interests (Art. 6(1)(f)): For fraud prevention, security, and service improvement

We will only process your data for the purposes outlined in our Privacy Policy and will not use it for incompatible purposes without your consent.

11b. International Data Transfers

By using our services, you acknowledge that your data may be transferred to and processed in the United States and other countries outside the European Economic Area (EEA).

We ensure all international data transfers comply with GDPR through:

• Standard Contractual Clauses (SCCs) approved by the European Commission
• Data Processing Agreements with all third-party processors
• Adherence to the EU-U.S. Data Privacy Framework principles

11c. Data Retention and Deletion

We retain personal data only as long as necessary for the purposes outlined in our Privacy Policy:

• Account data: While active + 90 days after deletion
• Job applications: 2 years after submission
• Contact inquiries: 1 year after submission
• Legal obligations: As required by law

When you delete your account or request data erasure, we will permanently delete your data within 90 days, except where legal retention requirements apply.

12. EULA for File Uploads

When uploading files to our platform, you agree that:

• Files must not contain viruses, malware, or harmful content
• Files must not violate any intellectual property rights
• Files must comply with applicable file size and type restrictions
• We may scan, store, and process your files as outlined in our Privacy Policy
• Files may be stored on third-party cloud services (e.g., Google Drive)
• We are not responsible for loss or corruption of uploaded files

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and Conditions, and any disputes arising from or relating to these Terms or your use of our services, shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

14.2 Dispute Resolution Process

Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us at legal@cyphertechconsultancyservices.com to attempt to resolve the dispute informally through good faith negotiation for at least 30 days.

14.3 Binding Arbitration

If informal resolution fails, you and Cyphertech Consultancy Services agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall be resolved by binding arbitrationadministered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration Location: Colorado Springs, Colorado, or conducted remotely via videoconference
• Arbitrator Selection: One neutral arbitrator selected in accordance with AAA rules
• Arbitration Costs: Each party shall bear their own costs, except as required by applicable law
• Discovery: Limited discovery as determined by the arbitrator
• Award: The arbitrator's decision shall be final and binding, with limited grounds for appeal
• Enforcement: The arbitration award may be entered as a judgment in any court of competent jurisdiction

14.4 Class Action Waiver

YOU AND CYPHERTECH CONSULTANCY SERVICES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.

14.5 Exceptions to Arbitration

Notwithstanding the above, either party may seek equitable relief in court for:

• Intellectual property infringement or misappropriation
• Violations of data protection or privacy laws
• Injunctive relief to prevent irreparable harm

14.6 Jurisdiction and Venue

If arbitration is inapplicable or unenforceable, or for matters excluded from arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in El Paso County, Colorado. You waive any objection to venue in these courts and any claim that such courts are an inconvenient forum.

14.7 Time Limitation on Claims

You agree that any claim or cause of action arising out of these Terms or your use of our services must be filed within one (1) year after such claim or cause of action arose, or be forever barred, regardless of any statute or law to the contrary.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to achieve the intended purpose to the extent possible.

16. Contact Information

If you have questions about these Terms and Conditions, please contact us: