Terms of Service

1. Acceptance of Terms

By accessing or using the Octa1ne website or services, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users and others who access or use the website or services.

If you are accessing the website or services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” will refer to that entity.

2. Description of Services

Octa1ne provides managed cybersecurity services including but not limited to:

• 24/7 Security Operations Centre (SOC) monitoring and threat detection
• Network security monitoring and analysis
• Vulnerability assessment and management
• Identity and access security management
• Data protection and compliance services
• Security awareness training programmes
• Web application security testing and monitoring
• Security reporting and analytics
• Incident response and containment
• Compliance certification support (ISO 27001, Cyber Essentials Plus, GDPR and others)

The specific services provided to each client are set out in a separate Service Agreement or Statement of Work. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail in respect of the services described therein.

3. Eligibility

Our services are intended for business customers — companies, organisations and professionals — and not for individual consumers. By using our services, you represent and warrant that:

• You are at least 18 years of age
• You are acting on behalf of a company or organisation, not as an individual consumer
• You have the authority to enter into binding agreements on behalf of that entity
• Your use of the services complies with all applicable laws and regulations in your jurisdiction

4. Account Responsibilities

If you are provided with account credentials to access our client portal or reporting platform, you are responsible for:

• Maintaining the confidentiality of your account credentials
• Restricting access to your account to authorised personnel only
• All activities that occur under your account
• Notifying us immediately of any unauthorised use of your account or any breach of security
• Ensuring that all information you provide to us is accurate, current and complete

We reserve the right to suspend or terminate your access to our services if we believe your account credentials have been compromised or your account is being used in a manner that violates these Terms.

5. Acceptable Use

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

• Use our services in any way that violates applicable local, national or international law or regulation
• Use our services to transmit or distribute malware, spyware, viruses or other malicious code
• Attempt to gain unauthorised access to any part of our systems, infrastructure or client environments
• Use our services to conduct, facilitate or support any illegal activity
• Reverse engineer, decompile or disassemble any of our proprietary software or tools
• Resell, sublicense or otherwise transfer our services to third parties without our prior written consent
• Use our services to infringe the intellectual property rights of any third party
• Provide false or misleading information to us in connection with the services
• Interfere with or disrupt the integrity or performance of our services or systems
• Attempt to probe, scan or test the vulnerability of our systems without our express written authorisation

We reserve the right to investigate and take appropriate action against any violation of this section, including terminating your access to our services and reporting violations to relevant authorities.

6. Intellectual Property

All content on the Octa1ne website — including text, graphics, logos, images, audio clips, digital downloads and software — is the property of Octa1ne or its content suppliers and is protected by applicable intellectual property laws worldwide.

Our services, methodologies, tools, frameworks, reports and deliverables — including all proprietary detection rules, security playbooks, ISMS documentation and programme materials we develop — remain the intellectual property of Octa1ne unless expressly stated otherwise in a Service Agreement.

We grant you a limited, non-exclusive, non-transferable licence to use deliverables we produce specifically for your engagement — such as security reports, compliance evidence packs and documentation — for your own internal business purposes. You may not resell, publicly distribute or claim ownership of these materials.

You retain all intellectual property rights in data, systems and materials that you provide to us for the purpose of delivering our services. You grant us a limited licence to access and process such materials solely for the purpose of providing the agreed services.

7. Confidentiality

In the course of providing services, each party may disclose to the other information that is confidential in nature (“Confidential Information”). Each party agrees to:

• Hold the other party's Confidential Information in strict confidence
• Not disclose Confidential Information to any third party without the disclosing party's prior written consent
• Use Confidential Information only for the purpose of performing obligations or exercising rights under these Terms or any applicable Service Agreement
• Protect Confidential Information using at least the same degree of care used to protect its own confidential information, and in any event no less than reasonable care
• Promptly notify the disclosing party upon becoming aware of any actual or suspected unauthorised use or disclosure of Confidential Information

These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party before disclosure; (c) is rightfully received from a third party without restriction; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt notice to the disclosing party where permitted.

These confidentiality obligations shall survive termination of these Terms for a period of five (5) years, except in respect of trade secrets which shall be protected indefinitely.

8. Data Processing

In providing our services, we may process personal data on your behalf as a data processor. Where this is the case, the terms of our Data Processing Agreement — which forms part of your Service Agreement — shall apply. Our Data Processing Agreement sets out the subject matter, duration, nature and purpose of the processing, the type of personal data processed and the categories of data subjects.

Our general data practices in relation to the website are described in our Privacy Policy.

You represent and warrant that you have all necessary rights, consents and authorisations to provide us with any personal data that you make available to us in connection with our services, and that our processing of such data in accordance with your instructions will not violate any applicable data protection law.

9. Payment & Fees

Fees for our services are set out in the applicable Service Agreement. Unless otherwise agreed in writing:

• Fees are invoiced monthly in advance unless otherwise specified in the Service Agreement
• Payment is due within 30 days of the invoice date
• Late payments may be subject to interest at the rate specified in the Service Agreement or, where not specified, at the applicable statutory rate
• All fees are exclusive of applicable taxes, which are your responsibility to pay
• We reserve the right to suspend services where payment is more than 30 days overdue, following written notice
• Fee changes will be communicated with at least 60 days written notice

Disputes about invoiced amounts must be raised within 14 days of the invoice date. Undisputed amounts remain payable by the due date regardless of any dispute about other amounts.

10. Term & Termination

These Terms commence when you first access our website or engage our services and continue until terminated by either party. Service Agreements shall have the term specified therein.

Either party may terminate a Service Agreement on the notice period specified therein. Where no notice period is specified, 90 days written notice is required.

Either party may terminate immediately upon written notice if the other party:

• Commits a material breach of these Terms or the applicable Service Agreement that is not remedied within 30 days of written notice specifying the breach
• Becomes insolvent, is subject to insolvency proceedings or makes an assignment for the benefit of creditors
• Ceases or threatens to cease carrying on business

We may terminate or suspend your access to our services immediately, without prior notice, if we reasonably believe you are in breach of Section 5 (Acceptable Use) or if your continued use poses a risk to our systems, other clients or third parties.

Upon termination, we will provide you with a reasonable opportunity to retrieve your data and any deliverables produced. Sections 6, 7, 11, 12 and 13 shall survive termination of these Terms.

11. Warranties & Disclaimers

We warrant that we will provide our services with reasonable skill, care and diligence and in accordance with the specifications set out in the applicable Service Agreement.

The website and any information or content provided through it are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.

We do not warrant that:

• Our services will prevent all security incidents, breaches or cyberattacks
• Our services will be uninterrupted, error-free or completely secure
• The website will always be available or free from errors or omissions
• Any specific outcome will be achieved through use of our services

Cybersecurity services reduce risk but cannot eliminate it entirely. We do not guarantee that our services will prevent all possible security incidents. Our liability in respect of any failure to meet the service levels set out in a Service Agreement is limited as set out in that agreement and in Section 12 below.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Octa1ne be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages — including loss of profits, loss of data, business interruption or reputational damage — arising out of or in connection with these Terms or our services, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms or our services shall not exceed the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

You acknowledge that the fees charged for our services reflect the allocation of risk set out in this section and that we would not be able to provide services at the fees charged without these limitations.

13. Indemnification

You agree to indemnify, defend and hold harmless Octa1ne and its officers, directors, employees, agents and contractors from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms or any applicable Service Agreement
• Your violation of any applicable law or regulation
• Your infringement of the intellectual property or other rights of any third party
• Any content, data or information you provide to us in connection with the services
• Your use of our services in a manner that causes harm to third parties

14. Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that we reserve the right to bring proceedings against you in any jurisdiction in which you are located for the purpose of enforcing our intellectual property rights or seeking injunctive or other equitable relief.

Where mandatory consumer protection laws in your jurisdiction provide additional or different protections, those protections shall apply to the extent required by law.

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Last updated” date at the top of this page and, where we have your contact details, notify you by email at least 30 days before the changes take effect.

Your continued use of our website or services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should discontinue use of our website and services before the effective date.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: