Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by After A Breach ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Service Description

After A Breach provides incident response, digital forensics, breach recovery, and related cybersecurity services. Our services include but are not limited to:

• 24/7 emergency incident response
• Digital forensics and investigation
• Breach notification and regulatory compliance support
• System recovery and remediation
• Post-breach security hardening
• Incident response retainer services

3. Emergency Response Services

Our emergency response services are available 24/7/365. When you contact us for emergency assistance:

• We will make commercially reasonable efforts to respond within one hour
• Response times may vary based on the nature and severity of the incident
• Emergency services are billed at our standard emergency response rates
• You authorize us to take immediate action to contain and investigate the incident as we deem necessary

4. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information about the incident
• Grant necessary access to systems, networks, and data for investigation
• Preserve evidence and refrain from actions that may compromise the investigation
• Comply with our recommendations regarding incident containment and response
• Maintain confidentiality of our methods, tools, and findings
• Pay all fees in accordance with our agreed-upon payment terms

5. Fees and Payment

Fees for our services will be provided in a separate engagement letter or statement of work. Payment terms include:

• Emergency response services may require an upfront retainer
• Invoices are typically issued monthly or upon completion of specific milestones
• Payment is due within 30 days of invoice date unless otherwise specified
• Late payments may incur interest charges at the maximum rate permitted by law
• We work directly with most cyber insurance providers

6. Confidentiality

We understand the sensitive nature of security incidents. All information shared with us during an engagement will be kept strictly confidential, except:

• As required by law or court order
• As necessary to fulfill our obligations under the engagement
• With your explicit written consent
• In anonymized form for case studies or research (with your approval)

7. Limitation of Liability

To the maximum extent permitted by law, After A Breach shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to our services.

Our total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific services giving rise to the claim.

8. No Guarantees

While we will use our best efforts to respond to and remediate security incidents, we cannot guarantee specific outcomes. We do not guarantee that:

• All compromised data will be recovered
• All traces of attackers will be removed from your systems
• Future attacks will be prevented
• Regulatory penalties or legal actions will be avoided
• Business operations will not be disrupted during response activities

9. Professional Standards

Our team maintains professional certifications and follows industry best practices for incident response and digital forensics. We adhere to legal and ethical standards, including proper evidence handling and chain of custody procedures.

10. Termination

Either party may terminate an engagement with written notice. Upon termination:

• You remain responsible for payment of all fees for work completed
• We will provide all work product and findings completed to date
• Confidentiality obligations continue indefinitely
• We will securely destroy or return client data as requested

11. Insurance and Indemnification

We maintain professional liability insurance and cyber liability insurance appropriate for our services. Clients agree to indemnify us against claims arising from their own negligence or willful misconduct.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

14. Contact Information

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

• Email: legal@afterabreach.com