Terms of Service
Transparency is important to us.
Introduction
These Terms of Service ("Terms") govern the provision of penetration testing services ("Services") by Kage Okami LLC ("Company", "we", "us", "our") to the client ("Client", "you", "your"). By engaging us to perform the Services, you agree to be bound by these Terms.
Scope of Services
We will provide cyber security risk consulting and penetration testing services to identify vulnerabilities and weaknesses in your network, systems, applications, hosts, architecture(s), policies, and websites (collectively, the "Targets"). The Services may include, but are not limited to, vulnerability scanning, network and web application penetration testing, mobile penetration testing, social engineering, and physical security testing.
Client Responsibilities (Penetration Testing)
By engaging us for the Services, you represent and warrant that: a. You have the legal authority and ownership or control over the Targets to be tested. b. You will provide us with accurate and complete information necessary for the performance of the Services. c. You will obtain all necessary permissions, consents, and authorizations required for us to perform the Services, including any required by third-party service providers, hosting companies, or data centers.
Ownership and Authorization
By engaging us to perform the Services, you grant us temporary ownership and control over the Targets to be tested for the duration of the engagement. You authorize us to access, test, and evaluate the security of the Targets, and to perform actions that may be intrusive or disruptive, within the agreed-upon scope and methodology.
Confidentiality
Both parties agree to treat all information exchanged during the performance of the Services as confidential. We will not disclose your confidential information to any third party, except as required by law, or with your prior written consent. You agree to protect our confidential information, including our testing methodologies, tools, and techniques, with the same level of care you use to protect your own confidential information, but in no event less than a reasonable standard of care.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to: a. Your breach of these Terms or any representation or warranty made by you herein. b. Any damage, loss, or liability resulting from our performance of the Services, except to the extent such damage, loss, or liability is caused by our gross negligence or willful misconduct.
Limitation of Liability
Our liability for any claim arising out of or related to these Terms or the Services shall be limited to the amount you paid us for the Services. In no event shall we be liable for any indirect, special, incidental, consequential, or punitive damages, whether based on contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages.
No Warranty
We make no warranties, express or implied, with respect to the Services, including any warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be error-free or that all vulnerabilities or security risks will be identified or resolved.
Term and Termination
These Terms shall commence upon the date you engage us for the Services and shall continue until the completion of the Services or earlier termination as provided herein. Either party may terminate these Terms upon written notice to the other party if the other party materially breaches any term or condition of these Terms and fails to cure such breach within thirty (30) days after receipt of written notice thereof.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with federal laws and laws of the state of Maryland.
Contact Information
Kage Okami LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that Kage Okami LLC has not adhered to this Statement, please contact Kage Okami LLC at:
Kage Okami LLC
Email Address:
privacy@kageokami.com
Effective as of November 24, 2017