Terms of Service

These Terms of Service (the "Terms") constitute a binding agreement between you ("you" or the "Customer") and Cyber Eclipse, the operator of the OpsGate service ("Cyber Eclipse", "we", "us", or "our"), governing your access to and use of the OpsGate service (the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Acceptable Use Policy, which are incorporated herein by reference. If you do not agree, you must not access or use the Service. If you enter into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

1. Definitions

"Service" means the OpsGate web console, application programming interfaces, WordPress plugin connector, and related software and documentation made available by Cyber Eclipse. "Customer Data" means data submitted to or collected by the Service in connection with your use of it. "Plan" means the subscription tier (Free, Starter, Pro, or Agency) under which you access the Service.

2. The Service

The Service provides WordPress site-intelligence functionality, which may include vulnerability assessment, uptime and availability monitoring, compliance-posture mapping, reporting, and alerting, in each case according to your Plan. We may modify, enhance, or discontinue features of the Service from time to time; where a change materially reduces the core functionality of a paid Plan, we will provide reasonable notice.

3. Accounts and eligibility

You must provide accurate account information and are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. You must notify us promptly of any unauthorized access or use. You must be of the age of majority in your jurisdiction and capable of forming a binding contract. We are not liable for any loss arising from unauthorized use of your account resulting from your failure to safeguard your credentials.

4. Acceptable use

You may use the Service only on websites that you own or are lawfully authorized to administer, and only in compliance with these Terms, the Acceptable Use Policy, and all applicable laws. You must not use the Service to scan, probe, or assess any system without authorization, to circumvent entitlement controls, to exceed documented rate limits, or to interfere with the integrity or performance of the Service.

5. Fees, billing, and taxes

Paid Plans are billed in advance on a recurring basis through our third-party payment processor. Subscriptions renew automatically for successive periods unless cancelled before the applicable renewal date. Changes to your entitlements take effect upon confirmation of the corresponding payment event. Except where required by applicable law, fees are non-refundable and no credit is given for partial billing periods. Fees are exclusive of taxes, which you are responsible for where applicable.

6. Cancellation and termination

You may cancel your subscription or delete your account at any time through the Service. We may suspend or terminate your access if you materially breach these Terms, fail to pay applicable fees, or use the Service in a manner that creates risk or liability for us or others. Upon termination, your right to use the Service ceases; provisions that by their nature should survive termination (including sections 8 through 12) survive. Treatment of Customer Data following termination is governed by our Privacy Policy.

7. Intellectual property

The Service, including all software, content, and materials provided by us, and all intellectual property rights therein, are and remain the exclusive property of Cyber Eclipse and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term. You retain all rights in your Customer Data and grant us a licence to process it solely to provide and support the Service.

8. Compliance representations and disclaimer

Compliance features of the Service (including OWASP Top 10 and PCI-DSS posture mapping) represent an assessment of alignment based on evidence gathered during scans. They do not constitute certifications, attestations, audit reports, or legal advice, and we make no representation that use of the Service satisfies any regulatory, contractual, or legal compliance obligation applicable to you.

9. Warranties and disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Service will be uninterrupted, error-free, or that vulnerability or other data will be complete or accurate. Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot be excluded or limited under applicable law, including under consumer-protection legislation.

10. Limitation of liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service or these Terms. Our aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts paid by you to us for the Service in the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply to liability that cannot be excluded or limited under applicable law.

11. Indemnification

You agree to indemnify and hold harmless Cyber Eclipse from and against any third-party claims, damages, and reasonable expenses arising out of your use of the Service in violation of these Terms, the Acceptable Use Policy, or applicable law, except to the extent caused by our own breach or negligence.

12. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to any mandatory rights you may have under the consumer-protection or privacy laws of your place of residence, the courts of the judicial district of Montréal, Québec, Canada shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

13. Changes to these Terms

We may amend these Terms from time to time. The "Effective date" above indicates when the current version took effect. Where a change is material, we will provide notice through the Service or to the email address associated with your account. Your continued use of the Service after the effective date of a change constitutes acceptance of the amended Terms.

14. General

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Cyber Eclipse regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. The parties have requested that these Terms and all related documents be drawn up in English; les parties ont demandé que la présente convention et tous les documents s'y rattachant soient rédigés en anglais.