Cyberware Terms of Service

(i) Cyberware LTD with registered office Hadzhi Dimitar 16, Elin Pelin, and registered number (VAT) BG206948918 (Cyberware); and

(ii) The Customer as identified in the Order (Customer).

Each a Party and together the Parties.

I. BACKGROUND

1. Cyberware provides autonomous penetration testing services designed to identify cybersecurity vulnerabilities in web applications, mobile applications, smart contracts, and associated digital infrastructure. The Services are delivered remotely by Cyberware from its own servers and infrastructure, on a per-test engagement basis, pursuant to Orders placed by the Customer through the Cyberware website.

2. The Customer wishes to engage Cyberware to perform autonomous penetration testing on one or more Target Systems designated by the Customer, and Cyberware has agreed to provide such Services subject to the terms and conditions of this Agreement.

3. By placing an Order, the Customer acknowledges that it has read, understood, and expressly agrees to be bound by these Terms of Service, and that it has the full legal authority and capacity to enter into this Agreement.

II. DEFINITIONS

1. Agreement means these Terms of Service together with any associated Orders, annexes, schedules, or other referenced documents.

2. Autonomous Penetration Test means a comprehensive security assessment performed by Cyberware's autonomous testing platform, which identifies, exploits, and verifies vulnerabilities in the Target Systems using automated offensive penetration testing techniques equivalent in scope and depth to a manual penetration test conducted by a qualified security professional.

3. Confidential Information means the provisions of this Agreement and, in relation to either Party, all information, in any form or medium, which is secret or otherwise not publicly available (either in its entirety or in the precise configuration or assembly of its components), including, without limitation, commercial, financial, marketing or technical information, accounts, business plans, business methods, strategies and financial forecasts, tax records, correspondence, designs, drawings, manuals, specifications, customer, sales or supplier information, technical or commercial expertise, software, formulae, processes, methods, knowledge, know-how and trade secrets, whether disclosed orally, in writing or by electronic means, before or after the date of this Agreement; but excluding any information that:
(i) is or becomes publicly available through no breach of this Agreement;
(ii) was lawfully known to the receiving Party prior to disclosure;
(iii) is lawfully disclosed to the receiving Party by a third party without restriction; or
(iv) is independently developed by the receiving Party without use of or reference to the disclosing Party's Confidential Information.

4. Customer means the legal entity or natural person identified in the Order who places the Order and agrees to these Terms of Service.

5. Customer User means any employee, agent, contractor, or consultant of the Customer authorized to interact with Cyberware or use the Services on behalf of the Customer.

6. Deliverables means the reports, documents, presentations, and other materials produced by Cyberware as a result of the Autonomous Penetration Test, as specified for the applicable Plan in the Service Specification.

7. Effective Date means the date on which Cyberware accepts and approves the Customer's Order.

8. End Customers means any third-party clients, customers, or entities on whose behalf or for whose benefit the Customer uses the Services, including where the Services are used to assess, scan, or test the systems, applications, or infrastructure owned or controlled by such third parties.

9. Free Trial means a single complimentary Autonomous Penetration Test provided under the Starter Plan scope, offered at no charge to eligible new Customers, subject to Cyberware's approval.

10. Intellectual Property Rights means all intellectual and industrial property rights of any kind, whether registered or unregistered, including without limitation any rights in or to: patents, utility models, inventions, copyrights and related rights, moral rights, database rights, trade marks, service marks, trade names, domain names, designs, rights in computer software (including source code and object code), trade secrets, know-how, business methods, and all applications for and rights to apply for any of the foregoing, anywhere in the world.

11. Order means a request for Services submitted by the Customer through the Cyberware website checkout process, specifying the selected Plan, Target System(s), and any other required information, which is subject to acceptance and approval by Cyberware.

12. Plan means the tier of Services selected by the Customer, being one of: Free Trial, Starter, Premium, or Enterprise, each as further described in the Service Specification.

13. Platform means the Cyberware software platform, infrastructure, servers, tools, and systems through which the Services are delivered, including all versions, amendments, and improvements thereto and/or any other tools, methods, models, know-how, code, functionality, or other elements owned or developed by Cyberware.

14. Platform Data means all usage and/or statistical or other data, information, learnings, or know-how related to and/or derived from the use of the Platform by customers and users, only in anonymized and aggregated form, and at all times not including any data or information that could individually identify a Customer.

15. Service Specification means the specification of the Services, Plans, features, and Deliverables set out at https://getcyberware.com/pricing as updated and amended from time to time by Cyberware.

16. Services means the autonomous penetration testing services, including the execution of the Autonomous Penetration Test and the production and delivery of the Deliverables, provided by Cyberware under this Agreement.

17. Target System means any computer system, web application, mobile application, smart contract, API, network, domain, IP address, URL, or other digital asset designated by the Customer in the Order as the subject of the Autonomous Penetration Test.

18. Vulnerability means any weakness, flaw, or misconfiguration in hardware, software, system design, code, or operational procedures that could be exploited - intentionally or unintentionally - to compromise the confidentiality, integrity, or availability of a system, network, or the information processed, stored, or transmitted by it.

III. SERVICES

1. Cyberware provides autonomous penetration testing services designed for automated offensive security testing of the Customer's designated Target Systems. The Services are executed remotely from Cyberware's own servers, infrastructure, and IP addresses, acting solely as the Customer's authorized contractor and agent in performing the testing activities instructed and authorized by the Customer.

2. Cyberware shall deliver cybersecurity services consisting of automated vulnerability identification, exploitation, verification, and related security assessments using its autonomous testing platform.

3. The Services will be performed in accordance with industry best practices, including the OWASP Web Security Testing Guide (WSTG), and within the scope defined by the Customer's Order and the applicable Plan.

4. Cyberware will generate Deliverables detailing identified Vulnerabilities, risk levels, proof of exploits, compliance mapping, and recommended remediation actions based on the testing results, as applicable to the Customer's Plan.

5. The scope of each Autonomous Penetration Test, the corresponding Deliverables, and the features included in each Plan are as set out in the Service Specification, which may be updated from time to time by Cyberware. The Customer acknowledges that the specific scope, testing categories, Deliverables, and support level vary by Plan.

6. Cyberware confirms and declares that all analyses, results, processed data, aggregated and structured information, and any other outputs generated in connection with the provision of the Services may be used for purposes related to the delivery, maintenance, optimization, and improvement of the Services and the underlying technologies.

7. Cyberware may analyze such data internally or in collaboration with selected partners, including for commercial purposes, as well as for the enhancement of systems, development of cyber threat intelligence, research and analytical activities, or the training of machine learning models, provided that such use does not result in the direct identification of the Customer or the disclosure of the Customer's Confidential Information in an individually attributable form.

8. Cyberware shall not copy, reproduce, store, disclose, sell, lease, distribute, or otherwise use any Customer data or information obtained during the provision of the Services for any purposes other than those explicitly authorized in this Agreement.

9. Cyberware shall not access, use, disclose, or retain any Customer Data for any purposes other than as necessary to provide the Services, or as explicitly permitted under these Terms. The Customer expressly agrees that Cyberware is entitled to freely access and process any of its data, information, systems, and materials provided or accessed in connection with the purposes of the Services or as agreed under these Terms. This consent includes, but is not limited to, the technical processing, storage, transfer, and use of such data within the scope and for the duration defined in these Terms.

10. Cyberware shall implement and maintain appropriate technical and organizational security measures to protect all Customer data from unauthorized access, use, or disclosure.

11. The Customer retains all rights, title, and interest in and to its own data and information. Cyberware retains ownership of the generated Deliverables, findings, and associated work product for purposes of internal analysis, reporting, legal evidence, and compliance, including the demonstration of Vulnerabilities and documentation of security assessments. Cyberware does not claim any ownership rights over the underlying technology, source code, or configuration of the Customer or any third party.

IV. ORDERS, PAYMENT & DELIVERY

1. The Customer places an Order by completing the checkout process on the Cyberware website, providing all required information including personal details, selected Plan, Target System details, and any applicable test credentials or configuration.

2. All Orders are subject to acceptance and approval by Cyberware. Cyberware reserves the right to refuse, delay, or cancel any Order at its sole and absolute discretion, for any reason or no reason, without incurring any liability to the Customer. Where a paid Order is refused by Cyberware and no Services have been commenced, any prepaid fees shall be refunded to the Customer.

3. Cyberware may contact the Customer to verify the information provided in the Order, including by telephone, prior to commencing the Services. The Customer agrees to cooperate fully with any such verification requests.

4. The Services operate on a pay-per-test model. Prices for each Plan are as set out in the Service Specification and are exclusive of VAT and any other applicable taxes, which shall be charged in addition where required by law.

5. Payment for Starter and Premium Plans is processed through Stripe at the time of checkout. The Customer shall provide valid payment details and authorizes Cyberware and its payment processor to charge the applicable fees. Enterprise Plan payments may be processed via invoice as separately agreed.

6. Free Trial. The Free Trial entitles an eligible new Customer to a single Autonomous Penetration Test at the Starter Plan scope at no charge. No payment information is required for the Free Trial. The Free Trial is limited to one per Customer and is subject to Cyberware's eligibility criteria and approval. Cyberware may modify, suspend, or discontinue the Free Trial offering at any time without notice.

7. Delivery. Cyberware shall use commercially reasonable efforts to deliver the Deliverables within thirty (30) calendar days from the Effective Date. The Customer acknowledges that this timeframe is an estimate and not a guaranteed deadline, and that actual delivery times may vary depending on the complexity of the Target System, the scope of the test, and other factors beyond Cyberware's reasonable control. Cyberware shall not be liable for any loss, damage, or expense arising from any delay in delivery. The Services are considered complete and fully delivered upon Cyberware's transmission of the Deliverables to the Customer by email or other agreed delivery method.

8. All fees paid are non-refundable except as expressly provided in this Agreement. The Customer is not entitled to a refund on the basis of dissatisfaction with the results, the number of Vulnerabilities discovered, the severity of findings, or the absence of findings.

V. CUSTOMER AUTHORIZATION & RESPONSIBILITY

1. The Customer represents, warrants, and covenants that, for each Target System designated in any Order:
(i) the Customer is the lawful owner, operator, or authorized administrator of the Target System; or
(ii) the Customer has obtained explicit, written, legally binding authorization from the lawful owner, operator, or authorized administrator of the Target System to commission and authorize the Autonomous Penetration Test on that Target System, and such authorization expressly permits security testing of the nature and scope contemplated by the Services; or
(iii) the Customer has an existing contractual or fiduciary relationship (such as a managed security service provider, IT consultant, or security auditor relationship) with the owner or operator of the Target System that confers upon the Customer the legal right and authority to commission penetration testing on such Target System.

2. The Customer acknowledges that Cyberware performs the Services solely as the Customer's authorized contractor and agent, acting upon the Customer's express instruction, direction, and authorization. Although the Autonomous Penetration Test is executed remotely from Cyberware's own servers, infrastructure, and IP addresses, the Customer is the principal who instructs and authorizes the engagement, and Cyberware is the agent who carries out the authorized work. The Customer assumes full and exclusive responsibility for the lawfulness, scope, and authorization of each engagement.

3. The Customer represents and warrants that it has, and will maintain throughout the term of this Agreement, all necessary permissions, authorizations, licenses, and consents from the owners, operators, hosting providers, cloud service providers, and any other relevant third parties associated with the Target Systems, as required for Cyberware to lawfully provide the Services.

4. The Customer shall, upon request by Cyberware, promptly provide written evidence of the authorizations described in clauses 5.1 through 5.3, including but not limited to signed authorization letters, contracts, or other documentation. Cyberware reserves the right to refuse, suspend, or terminate any Order if satisfactory evidence of authorization is not provided.

5. Any use by the Customer of the Services that violates applicable law, third-party rights, or this Agreement is strictly forbidden. Without limiting the generality of the foregoing, the Customer shall not:
(i) designate any Target System that the Customer does not own or is not authorized to test;
(ii) use the Services for any illegal, malicious, or unauthorized purpose, including but not limited to unauthorized access to third-party systems, data theft, espionage, competitive intelligence gathering, extortion, or any activity that constitutes a criminal offense under any applicable law;
(iii) use the results of the Services to exploit Vulnerabilities for any purpose other than the remediation and improvement of the security posture of the Target Systems;
(iv) misrepresent to Cyberware the Customer's identity, authority, or relationship to any Target System.

6. The Customer acknowledges and agrees that when using the Services in any jurisdiction outside Bulgaria, it is solely responsible for ensuring that such use, including the commissioning, scope, and receipt of the Services, complies with all applicable laws, regulations, and contractual obligations in the relevant jurisdiction, including but not limited to laws governing computer security, unauthorized access, data protection, privacy, and export controls.

7. The Customer hereby permits Cyberware access to the Target Systems and any associated applications, APIs, networks, or data solely for the purpose of performing the Services as authorized by the Customer in the Order. The Customer represents and warrants that it is, and will remain throughout the term of this Agreement, duly authorized to grant such access.

8. The Customer is responsible for ensuring that all Customer Users comply with the terms of this Agreement. Use by unauthorized third parties is prohibited.

9. The Customer shall not, and shall not permit any third party to:
(i) attempt to download, copy, modify, create derivative works from, frame, mirror, republish, or distribute any part of the Platform except as expressly permitted under this Agreement;
(ii) attempt to copy, adapt, decompile, disassemble, reverse engineer, or otherwise convert all or any part of the Platform into a human-perceivable form, except to the extent expressly allowed by applicable law which cannot be waived by agreement;
(iii) use any knowledge or information acquired through the Platform or Services to develop, create, or market any software product that competes with the Platform;
(iv) resell, sublicense, or otherwise use the Platform or Services to provide services to third parties, except as expressly agreed with Cyberware, including through authorized partnership or distribution agreements.

VI. SECURITY & RISK DISCLAIMER

1. The Customer acknowledges that, in order to provide the Services, Cyberware will perform penetration testing techniques on the Target Systems, including the active identification, exploitation, and verification of Vulnerabilities. The Customer further acknowledges that the use of the Services may temporarily increase network bandwidth consumption and/or processing load on the Target Systems during testing. Cyberware shall not be liable for any consequences arising from limitations in the Customer's (or any third party's) network bandwidth or system processing capacity.

2. Cyberware warns that the Services may simulate the exploitation or escalation of existing Vulnerabilities, including temporarily increasing the risk level of identified Vulnerabilities, solely for the purpose of testing and demonstrating the security posture of the Target Systems, as intended by the nature of the Service.

3. The Customer acknowledges that the Services are not specifically designed or customized for the Customer or the Target Systems and are provided as-is. Cyberware does not provide any guarantee that all existing or potential Vulnerabilities will be detected. The Customer further acknowledges that, due to the inherent limitations of penetration testing methodologies, including but not limited to time constraints, scope restrictions, and evolving threat landscapes, certain Vulnerabilities may remain undiscovered. The Service is intended to support, but not replace, a comprehensive cybersecurity strategy, and the Customer remains solely responsible for implementing and maintaining appropriate security measures.

4. The Customer acknowledges and assumes all risks associated with the Autonomous Penetration Test, including but not limited to: temporary service interruptions or degradation; increased network or system load; triggering of security alerts, blocks, or bans on the Target System; unintended data exposure; and any other consequences inherent in the nature of penetration testing. The Customer is solely responsible for implementing appropriate safeguards, backups, and contingency measures prior to the commencement of the Services.

5. To the maximum extent permitted by applicable law, Cyberware shall not be liable for any damages, losses, or claims incurred by the Customer, any Customer User, End Customer, owner or operator of any Target System, or any other third party, whether direct, indirect, incidental, or consequential, arising from or in connection with the use or provision of the Services, including but not limited to any Vulnerability that is not detected, identified, or reported by the Service, or any consequence of the exploitation or testing of a Vulnerability.

VII. INTELLECTUAL PROPERTY

1. Cyberware represents that it has, at its own expense, created, developed, or validly licensed the Services and the technologies and systems, including the Platform, that constitute part of the Services.

2. As between the Parties, all Intellectual Property Rights in and to the Services, the Platform, the Platform Data, and any associated documentation, software, tools, or materials developed or provided by Cyberware in the course of delivering the Services shall remain the sole and exclusive property of Cyberware or its licensors.

3. No rights, licenses, or interests are granted to the Customer or any third party by implication or otherwise, except for the limited right to use the Deliverables for the Customer's internal business purposes as expressly set out in this Agreement.

4. The Customer shall not remove, alter, or obscure any proprietary notices, labels, or marks from the Deliverables, Platform, or any materials provided by Cyberware, and shall not attempt to claim ownership of or register any rights in respect of Cyberware's Intellectual Property.

5. The Customer acknowledges and agrees that any suggestions, feedback, or ideas submitted by the Customer regarding the Services may be freely used by Cyberware for any purpose and shall not give rise to any Intellectual Property Rights in favor of the Customer.

VIII. CONFIDENTIALITY

1. Both Parties agree to maintain confidentiality regarding all non-public business, technical, or financial information received under this Agreement (Confidential Information).

2. Disclosure of Confidential Information is only permitted under strict need-to-know obligations with equivalent confidentiality safeguards, or as required by applicable law, regulation, or court order.

3. The obligations of confidentiality set out in this clause shall survive the termination or expiration of this Agreement for a period of three (3) years.

IX. WARRANTIES & INDEMNITIES

1. Except as expressly set out in this Agreement, all conditions, warranties, representations, or other terms which might otherwise be implied into this Agreement, whether by statute, common law, or otherwise, are hereby excluded to the fullest extent permitted by law, including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.

2. The Customer represents and warrants that:
(i) it and its representative executing this Agreement have full power, authority, and legal right to enter into and perform this Agreement;
(ii) it has obtained and will maintain all rights, licenses, consents, approvals, and authorizations from third parties as required under applicable laws or regulations, and as necessary to perform its obligations and to enable Cyberware to perform the Services under this Agreement;
(iii) it has lawful authority to authorize the Autonomous Penetration Test on each Target System designated in the Order, whether as owner, operator, authorized administrator, or pursuant to a valid written authorization from the lawful owner or operator;
(iv) all information provided to Cyberware in connection with any Order is accurate, complete, and not misleading;
(v) the commissioning and receipt of the Services does not violate any applicable law, regulation, contractual obligation, or third-party right in any relevant jurisdiction.

3. The Customer shall unconditionally and irrevocably indemnify, defend, and hold harmless Cyberware, its officers, directors, employees, agents, contractors, and affiliates (Cyberware Indemnified Parties) from and against any and all losses, damages, liabilities, claims, demands, actions, proceedings, judgments, penalties, fines, costs, and expenses (including reasonable legal fees and costs of investigation) arising out of or in connection with:
(i) any breach by the Customer of any warranty, representation, covenant, or obligation under this Agreement, including but not limited to clauses 5.1, 5.2, 5.3, 5.5, 5.6, and 9.2;
(ii) the Customer's lack of authority, permission, or authorization to commission the Autonomous Penetration Test on any Target System, regardless of whether such lack of authority was known or unknown to the Customer;
(iii) any claim, action, or proceeding brought by any third party (including but not limited to the owner, operator, or user of any Target System, any governmental or regulatory authority, or any other person or entity) arising from or relating to the Autonomous Penetration Test performed on any Target System designated by the Customer;
(iv) the Customer's use, misuse, or disclosure of the Deliverables or the results of the Services;
(v) any violation of applicable law by the Customer in connection with the Services, including but not limited to computer crime laws, data protection laws, privacy laws, and export control regulations;
(vi) any damage, disruption, or loss suffered by any third party as a consequence of the Autonomous Penetration Test being performed on a Target System designated by the Customer.

4. The Customer's indemnification obligations under clause 9.3 shall apply regardless of whether Cyberware was negligent, and shall survive the termination or expiration of this Agreement.

5. Each Party shall indemnify and hold harmless the other Party from and against any and all losses, damages, claims, penalties, fines, costs, and expenses (including reasonable legal fees) incurred or awarded as a result of or in connection with any breach of clause 8 (Confidentiality) by the indemnifying Party.

X. LIMITATIONS OF LIABILITY

1. Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party's negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.

2. Subject to clause 10.1, neither Party shall be liable, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of contracts, loss of goodwill, loss of anticipated savings, loss or corruption of data, or any damages arising from business interruption, loss of use, or loss of goodwill, regardless of whether such damages were foreseeable or whether the Party was advised of the possibility of such damages.

3. Subject to clause 10.1, Cyberware's total aggregate liability to the Customer arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, shall be limited to the total amount of fees actually paid by the Customer to Cyberware under the specific Order giving rise to the claim. For the avoidance of doubt, Cyberware's total aggregate liability in respect of a Free Trial Order shall be zero (0).

4. Cyberware shall not be liable for any damages or losses arising from:
(i) any failure or delay caused by circumstances beyond Cyberware's reasonable control, including but not limited to force majeure events, acts of God, war, terrorism, civil unrest, strikes, lockouts, labour disputes, governmental actions, pandemics, failure of third-party services, internet disruptions, or power outages;
(ii) any unauthorized access, use, or alteration of Customer's or any third party's systems, data, or content;
(iii) loss, corruption, or destruction of data, except where directly caused by Cyberware's gross negligence or willful misconduct;
(iv) any failure by the Customer to comply with its obligations under this Agreement;
(v) any damage, disruption, or consequence arising from the Autonomous Penetration Test being performed on a Target System, regardless of the nature or cause of such damage;
(vi) any action taken by a third party, including the owner or operator of a Target System, a hosting provider, a cloud service provider, an internet service provider, or a governmental authority, in response to the Autonomous Penetration Test.

5. The Customer acknowledges and agrees that Cyberware shall have no liability whatsoever to any End Customer, any owner or operator of any Target System, or any other third party in relation to the provision or use of the Services.

6. The limitations and exclusions of liability set out in this clause shall apply to the fullest extent permitted by law, even if any exclusive remedy fails of its essential purpose.

7. Neither Party shall be liable for any losses, damages, costs, or expenses arising directly or indirectly from changes, amendments, or modifications to applicable laws, regulations, or government policies that affect the performance of this Agreement or the provision of the Services.

XI. DATA PROTECTION

1. Each Party shall comply with all applicable data protection and privacy laws and regulations, including, where applicable, the General Data Protection Regulation (EU) 2016/679 (GDPR) and any national implementing legislation.

2. The Customer acknowledges that, in the course of performing the Services, Cyberware may process personal data solely as necessary for the delivery of the Services. Such processing shall be limited to data provided by the Customer in the Order and any data necessarily accessed during the Autonomous Penetration Test.

3. Where the Customer designates a Target System that is owned or operated by a third party, the Customer warrants that it has obtained all necessary consents and provided all required notices under applicable data protection laws to permit Cyberware to access and process any personal data that may be encountered on such Target System in the course of the Services.

4. Cyberware shall implement and maintain appropriate technical and organizational measures to protect personal data processed in connection with the Services from unauthorized access, alteration, disclosure, or destruction.

5. The Customer is solely responsible for ensuring that its use of the Services, and the commissioning of the Autonomous Penetration Test on any Target System, complies with all applicable data protection laws in every relevant jurisdiction, including obtaining any required consents from data subjects whose personal data may be accessed or processed during the Services.

XII. TERM, TERMINATION & SUSPENSION

1. This Agreement shall commence on the Effective Date and shall continue in force until the Services to which the Order relates are fully delivered, unless terminated earlier in accordance with the provisions herein.

2. Each Order constitutes a separate engagement. The terms of this Agreement apply independently to each Order and the completion of one Order does not affect the validity or enforceability of this Agreement in respect of any other Order.

3. Either Party may terminate this Agreement immediately upon written notice to the other Party in the event of a material breach of this Agreement by the other Party.

4. Cyberware may terminate this Agreement or any Order at any time, without cause and without prior notice or explanation to the Customer.

5. Cyberware may immediately suspend or cease the provision of Services if it has reasonable grounds to believe that:
(i) the Customer does not have proper authorization for the Target System;
(ii) the Services are being used for any unlawful, fraudulent, or malicious purpose;
(iii) the Customer has provided false, misleading, or incomplete information in the Order;
(iv) continued provision of the Services may expose Cyberware to legal, regulatory, or reputational risk.

6. Upon termination of this Agreement for any reason:
(i) all rights and licenses granted hereunder shall immediately terminate;
(ii) any provisions which by their nature survive termination or expiration shall continue in full force and effect, including but not limited to clauses relating to confidentiality, intellectual property, indemnification, limitation of liability, and governing law.

7. If Cyberware terminates this Agreement or an Order pursuant to clause 12.4 and such termination is not due to any fault or breach of the Customer, and the Services have not yet been commenced, Cyberware shall refund the Customer any prepaid fees for the unfulfilled Order.

8. No refund shall be due if termination is caused by any breach, fault, or wrongful act of the Customer, or if the Services have already been commenced or completed.

9. Termination shall be without prejudice to any accrued rights or remedies of either Party prior to termination.

XIII. GENERAL PROVISIONS

1. Entire Agreement. This Agreement supersedes all prior agreements, negotiations, and representations, whether oral or written, between the Parties relating to the subject matter hereof, and constitutes the full and exclusive understanding between the Parties.

2. Amendments. Cyberware reserves the right to amend, modify, or update these Terms of Service at any time by publishing the revised version on its website. The version in effect at the time of placing an Order shall govern that Order. Continued use of the Services following any amendment constitutes the Customer's acceptance of the revised Terms.

3. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by any court or other competent authority, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, which shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent and purpose of the original provision.

4. Waiver. No failure or delay by either Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

5. Assignment. The Customer may not assign, transfer, or delegate any of its rights or obligations under this Agreement without Cyberware's prior written consent. Cyberware may assign this Agreement freely without the Customer's consent.

6. No Third-Party Rights. Nothing in this Agreement is intended to or shall confer any right, benefit, or remedy on any person other than the Parties, except to the extent that the Cyberware Indemnified Parties are entitled to the benefit of the indemnification provisions herein.

7. Notices. Any notice required or permitted to be given under this Agreement shall be given in writing by email to the address provided by the respective Party and shall be deemed received on the next business day following transmission.

8. Force Majeure. Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, labour disputes, internet failures, or power outages.

9. No Implied Terms. No implied terms apply except where required by applicable mandatory law that cannot be excluded by agreement.

XIV. GOVERNING LAW & JURISDICTION

1. The Parties expressly agree that the conclusion, existence, validity, interpretation, execution, breach, amendment, termination, intellectual property rights, data protection, contractual and non-contractual liability for damages, and any other matters relating to this Agreement shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.

2. Pursuant to Article 117, para. 2 of the Bulgarian Civil Procedure Code, the Parties agree that any and all disputes arising out of or in connection with this Agreement shall be submitted to the competent court having subject-matter jurisdiction in Sofia, Bulgaria, and shall be resolved in accordance with Bulgarian law.