1. The Services
CyberWall provides software as a service: CyberWall Shield and its modules (such as threat detection and response, remote management, service desk, cloud backup, Microsoft 365 security, compliance automation, CyberWall Insights, CyberWall Files and CyberWall VoIP), the Shield agent, apps and websites (the "Services"). CyberWall provides software only. CyberWall does not provide managed IT services, and nothing in these Terms makes CyberWall your IT department, security operations center or compliance advisor. Customers and the IT providers they choose operate the Services and decide what actions to take.
2. Accounts and access
You are responsible for your users, for keeping sign-in details and two-factor devices secure, for the permissions you grant inside the Services, and for all activity under your account. Tell us promptly at support@cyberwallsecurity.com if you suspect unauthorized access. IT providers using the Services for their own clients ("MSPs") are responsible for their clients' access and for having authority to manage their clients' systems.
3. Your authorizations
By installing the Shield agent or connecting a system (for example Microsoft 365 or cloud storage), you confirm you own or are authorized to manage those computers, accounts and data, and you authorize the Services to collect the data and carry out the actions you or your users request, including remote sessions, scripts, updates, isolation from the network, configuration changes and "Fix issue" actions. You are responsible for reviewing an action before confirming it. Some actions can interrupt work or change settings; test on a limited set of computers first.
4. Your legal responsibilities
You are responsible for using the Services lawfully, including: giving any notices and getting any consents needed to monitor employees' computers and activity (including CyberWall Insights), to record phone calls, and to send text messages; meeting the privacy and security laws that apply to your data (for example HIPAA, GLBA, PCI DSS or state privacy laws); and following our Acceptable Use Policy. Do not store protected health information in the Services unless we have signed a business associate agreement with you.
5. Your data
You own the data you and your systems put into the Services ("Customer Data"). You give CyberWall a limited right to host, process and transmit Customer Data only to provide, secure and support the Services and as described in our Privacy Policy. We may use aggregated, de-identified information that does not identify you or any person to improve the Services. When your subscription ends you may export your data for 30 days, after which we delete it according to our retention schedule, unless the law requires otherwise. Removing a computer from the Services does not delete its backups until the backup retention expires.
6. Security, alerts and backups
We use commercially reasonable safeguards to protect the Services. However, no security product detects or prevents every threat, alerts depend on networks, devices and third-party services that can fail, and backups depend on computers being online and correctly configured. The Services are one layer of your security program and do not replace your own judgment, policies, insurance or other controls. You should regularly confirm that alerts reach the right people and that backups can be restored.
7. Compliance features
Compliance features (readiness scores, automatic checks, evidence, policy templates and fixes) help you prepare for frameworks such as SOC 2, HIPAA, PCI DSS, FTC Safeguards, ISO 27001, NIST, CIS and CMMC. They show readiness only. They are not an audit, certification, attestation, legal opinion or guarantee of compliance. Only independent auditors and certification bodies can issue audit reports and certificates, and you remain responsible for your compliance. Policy templates are starting points; have them reviewed for your business. See Legal notices.
8. Third-party services
The Services work with third-party products such as Microsoft 365, Microsoft Entra ID, Backblaze, carriers and payment processors. Your use of those products is governed by their terms, some features need licenses you buy from those providers (for example Microsoft Entra ID P1 for location-based blocking), and we are not responsible for third-party products or outages.
9. Subscriptions, trials and payment
Fees, billing periods and quantities are set in your order, quote or in-app subscription. Fees are generally per device per month and are due as stated on the invoice. Trials end on the date shown; features may stop when a trial ends unless you subscribe. Late amounts may lead to suspension after notice. Fees do not include taxes or third-party licenses. We may change prices for future renewal periods with at least 30 days' notice.
10. Suspension
We may suspend access if needed to prevent harm to the Services or others, to stop a violation of these Terms or the Acceptable Use Policy, or for non-payment after notice. We will restore access once the issue is resolved.
11. Term and termination
These Terms continue while you use the Services. Either party may end a subscription as stated in your order, or on 30 days' written notice if none is stated. Either party may terminate for a material breach not cured within 30 days of notice. Sections that by their nature should survive (including data, payment, disclaimers, limits of liability and indemnity) survive termination.
12. Warranty disclaimer
EXCEPT AS EXPRESSLY STATED IN A SIGNED AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, CYBERWALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, DETECT OR PREVENT ALL THREATS, OR MAKE YOU COMPLIANT WITH ANY LAW OR FRAMEWORK. AI OUTPUT MAY BE INACCURATE.
13. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THEIR POSSIBILITY. CYBERWALL'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply to your payment obligations or to liability that cannot be limited by law.
14. Indemnity
You will defend and indemnify CyberWall against third-party claims arising from your Customer Data, your use of the Services in violation of these Terms or the law, or actions you or your users direct the Services to take on systems you were not authorized to manage.
15. Feedback and intellectual property
CyberWall owns the Services and all related intellectual property. You may not copy, resell (except as an MSP under an agreement with us), reverse engineer or build a competing product from the Services. If you send suggestions, we may use them without obligation.
16. Changes to these Terms
We may update these Terms by posting a new version with a new effective date. Material changes take effect 30 days after notice to account owners; continued use after that means you accept them.
17. Governing law and disputes
These Terms are governed by the laws of the State of Alabama, without regard to its conflict-of-law rules. The state and federal courts located in Alabama have exclusive jurisdiction, and each party consents to them. Before filing a claim, each party will try in good faith to resolve the dispute by written notice and discussion for 30 days.
18. General
These Terms, your order and the documents they reference are the entire agreement on this subject. If a provision is unenforceable, the rest remains in effect. Neither party may assign these Terms without consent, except in a merger or sale of the business. Neither party is liable for delays caused by events beyond its reasonable control. Notices to CyberWall: CyberWall Security, LLC, 400 Riverhills Business Park, Suite 465, Birmingham, AL 35242, and support@cyberwallsecurity.com.