Terms of Service

1. Acceptance of Terms

By accessing and using XertyFi's cybersecurity subscription service, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our service.

2. Service Description

XertyFi provides small businesses with automated cybersecurity assessments, vulnerability scanning, compliance auditing, training modules, and a digital "Secure Business" badge. Our services are delivered through a subscription model with three tier options: Basic, Standard, and Premium.

3. Subscription Plans

• Basic Plan ($49/month): Website security assessments, automated vulnerability scans, monthly monitoring, security alerts, security score, basic mitigation reports, employee security training, and digital badge. XMD is optional for $379.
• Standard Plan ($99/month): Everything in Basic, plus weekly monitoring, executive reports, detailed mitigation recommendations, physical decals, and priority email support. XMD is optional for $249.
• Premium Plan ($199/month): Everything in Standard, plus daily monitoring, XMD included at no upfront cost (with six-month commitment), local network monitoring, real-time alerts, unlimited decals, and dedicated account manager.

4. Payment Terms

Subscriptions are billed monthly in advance. Payment is processed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. You may cancel your subscription at any time, subject to the XMD commitment terms in Section 11 if applicable.

5. Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting support. Cancellations take effect at the end of the current billing period. You will continue to have access to the service until that date. Premium customers with an XMD commitment are subject to the additional terms in Section 11.

6. Badge Certification

Our "Secure Business" badge is earned by completing security scans and assessments. The badge is valid for one year and must be renewed annually. XertyFi reserves the right to revoke badges if security standards are not maintained or if fraudulent activity is detected.

7. Data Collection and Privacy

We collect business information, scan results, and usage data to provide our services. All data is handled according to our Privacy Policy. We do not sell your data to third parties.

8. Limitation of Liability

XertyFi provides cybersecurity assessments and recommendations but does not guarantee complete protection against all threats. We are not liable for any damages resulting from security breaches, data loss, or cyber attacks. Our liability is limited to the amount you paid for the service in the past 12 months. XertyFi does not replace a full penetration test or managed incident-response provider.

9. Service Availability

We strive for high availability but do not guarantee uninterrupted service. We may perform maintenance that temporarily affects availability. We are not liable for any losses resulting from service interruptions.

10. User Responsibilities

You agree to:

• Provide accurate business information
• Keep your account credentials secure
• Not share your account with others
• Use the service only for lawful purposes
• Not attempt to circumvent security measures or exploit vulnerabilities

11. XertyFi Monitoring Device (XMD) Program

11.1 XMD Optionality for Basic and Standard. The XertyFi Monitoring Device (XMD) is an optional add-on for Basic and Standard plan subscribers. Basic customers may purchase the XMD for a one-time price of $379. Standard customers may purchase the XMD for a one-time price of $249. Customers who purchase the XMD through Basic or Standard own the device immediately upon payment and are not subject to any minimum subscription commitment, device-return obligation, or early-cancellation device charge.

11.2 Premium XMD Inclusion. Premium plan subscribers may receive an XMD at no upfront device cost. The XMD is included with the Premium plan subject to a six-month minimum subscription commitment. The stated retail value of the XMD is $499. The XMD is not described as "free" — it is included at no upfront cost with a six-month Premium commitment.

11.3 Six Successfully Paid Premium Months. The six-month commitment is based on six successfully paid monthly Premium billing periods, not merely six calendar months. Failed, refunded, disputed, or reversed payments do not count toward completion of the six paid months.

11.4 Customer Ownership After Commitment Completion. After completing six successful Premium payments, the commitment is marked as complete, the XMD ownership status is transferred to the customer, and all device-return and early-cancellation obligations are removed. The customer may subsequently cancel or change plans without returning or paying for the device.

11.5 Early Cancellation. If a Premium customer with an active XMD commitment cancels before completing six paid months, the customer must either: (A) return the XMD according to XertyFi's return instructions; or (B) keep the XMD and pay a $249 early-cancellation device charge.

11.6 Premium Downgrade During Commitment. A downgrade from Premium to Standard or Basic during the six-month commitment is treated as an early cancellation of Premium. Before the downgrade is processed, the customer must return the XMD or pay the $249 device charge. After the six-month commitment is completed, normal downgrade or cancellation is allowed without an XMD charge or return requirement.

11.7 Device Return Requirements. If the customer elects to return the XMD, the customer must ship the device within 15 calendar days after receiving return authorization. The device must be returned in reasonable physical condition and must include the principal device and any required accessories originally supplied. The return remains pending until the device is received and inspected by XertyFi.

11.8 $249 Device Charge. If the customer elects to keep the XMD upon early cancellation, a $249 device charge will be processed through the configured payment processor. Once payment succeeds, the device is marked as customer-owned and the Premium cancellation is completed. A payment receipt and cancellation confirmation will be sent to the customer.

11.9 Treatment of Failed, Disputed, Refunded, or Reversed Payments. Only successfully paid Premium billing periods count toward the six-payment commitment. Failed, disputed, refunded, or reversed payments are excluded from the count and do not advance the commitment progress.

11.10 Device Condition and Missing Accessories. Returned devices must be in reasonable physical condition. Missing accessories or damage may be subject to separate charges only if XertyFi has established and disclosed a separate damage policy accepted by the customer.

11.11 Shipping Responsibilities. The customer is responsible for packaging and shipping the returned device. XertyFi may provide a prepaid shipping label when available. The customer must provide a tracking number when shipping the device.

11.12 Payment Authorization. The customer authorizes XertyFi to process the $249 device charge through the configured payment processor if the customer elects to keep the device upon early cancellation. XertyFi will not automatically charge the customer without clear contractual consent and appropriate payment authorization.

11.13 No Guarantee of Complete Cybersecurity Protection. The XMD is designed to improve the customer's cybersecurity posture. It does not guarantee complete protection, prevent all cyberattacks, guarantee compliance, or eliminate security risks. XertyFi does not replace a full penetration test or managed incident-response provider.

11.14 Limitations of XMD Functionality. The XMD provides monitoring, scanning, and alerting capabilities as described in the product documentation. XertyFi does not claim that the XMD performs any technical security function that has not been implemented. Feature descriptions are subject to the current technical capabilities of the device.

11.15 Applicable Consumer Rights. Nothing in these terms is intended to exclude or limit any consumer rights that may apply under applicable law. If any provision is found to be unenforceable, the remaining provisions remain in full effect.

11.16 Jurisdiction-Specific Requirements. Additional rights or obligations may apply depending on the customer's jurisdiction. Customers are encouraged to review applicable local laws and regulations.

12. Intellectual Property

All content, features, and functionality of XertyFi are owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our content without permission.

13. Modifications to Terms

We reserve the right to modify these terms at any time. We will notify you of significant changes via email. Continued use of the service after changes constitutes acceptance of the new terms. Historical versions of the Terms of Service are preserved and available upon request.

14. Termination

We may suspend or terminate your account if you violate these terms, engage in fraudulent activity, or if we are required to do so by law. Upon termination, you will lose access to your account and all associated data, subject to the XMD commitment terms in Section 11.

15. Governing Law

These terms are governed by the laws of the United States. Any disputes will be resolved in the courts of [Your State/Jurisdiction].

16. Contact Information

For questions about these terms, please contact us at support@xertyfi.com or through our support ticket system.