Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Foxx Cyber LLC, a Colorado limited liability company ("Foxx Cyber," "we," "us," or "our"). By accessing or using our website at foxxcyber.com, our Bedrock CMMC platform, or any other products and services we offer (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Description of Services

Foxx Cyber provides cybersecurity compliance software and consulting services, including but not limited to the Bedrock CMMC platform for CMMC Level 1 and Level 2 compliance management, SPRS score tracking, SSP generation, POA&M management, and related tools for defense contractors, MSPs, and MSSPs.

3. Account Registration

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Subscriptions, Trials, and Billing

4.1 Free Trial

Certain products may include a trial period (e.g., 14 days). During the trial, you have full access to the product at no charge. A valid payment method is required to start a trial. If you do not cancel before the trial period ends, your payment method will be automatically charged at the then-current subscription rate. You may cancel at any time during the trial period without charge.

4.2 Subscription Billing

Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan). By subscribing, you authorize Foxx Cyber to charge your payment method at the beginning of each billing cycle. All fees are stated in U.S. dollars unless otherwise specified.

4.3 Price Changes

We may change subscription pricing at any time. Price changes for existing subscriptions will take effect at the start of the next billing cycle following at least 30 days' written notice to you.

4.4 Refunds

Subscription fees are generally non-refundable except where required by law. If you believe you have been charged in error, contact us at fcsupport@foxxcyber.com within 30 days of the charge.

5. Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access to the Services through the end of your current billing period. No refunds or credits will be issued for partial billing periods. After your subscription ends, your account data will be retained for 30 days, after which it may be permanently deleted.

6. Acceptable Use

You agree not to use the Services to:

• Violate any applicable federal, state, or local laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Transmit malware, viruses, or any other malicious code
• Attempt to gain unauthorized access to the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services for any fraudulent or deceptive purpose
• Reverse engineer, decompile, or disassemble any portion of the Services
• Resell, sublicense, or redistribute access to the Services without our written consent

7. Your Data

7.1 Ownership

You retain all rights, title, and interest in any data, documents, or content you upload or create using the Services ("Customer Data"). This includes compliance documentation, SSPs, POA&Ms, evidence files, and any other materials you input into the platform.

7.2 License to Us

You grant Foxx Cyber a limited, non-exclusive license to access, use, and process your Customer Data solely to provide, maintain, and improve the Services. We will not sell, share, or use your Customer Data for any purpose other than delivering the Services to you.

7.3 Data Security

We implement industry-standard security measures to protect your data, including encryption in transit and at rest, access controls, and regular security assessments. Our infrastructure is hosted on AWS with multi-tenant isolation by organization.

7.4 Compliance Data

The Services may store data related to your CMMC compliance posture, including SPRS scores, control implementation status, and assessment findings. This data is proprietary to your organization and is isolated from other tenants at the database level. You are solely responsible for the accuracy and completeness of your compliance data.

8. Intellectual Property

The Services, including all software, content, trademarks, designs, and documentation, are owned by Foxx Cyber LLC and are protected by U.S. and international intellectual property laws. These Terms do not grant you any right, title, or interest in the Services except the limited right to use them in accordance with these Terms.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Foxx Cyber does not warrant that the Services will be uninterrupted, error-free, or secure. The Services are compliance management tools and do not guarantee CMMC certification, SPRS score accuracy as reported to the DoD, or assessment outcomes. You are solely responsible for your organization's compliance posture and the accuracy of information submitted to government agencies.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOXX CYBER LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO FOXX CYBER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Foxx Cyber LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any applicable law or regulation.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, upon reasonable notice. We may terminate immediately without notice if you breach these Terms. Upon termination, your right to use the Services ceases immediately. Sections regarding intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Services shall be resolved exclusively in the state or federal courts located in El Paso County, Colorado.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

15. Contact Us

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