Terms of Service.

FlashSpeed LLC and its affiliates ("FlashSpeed", "we", "us", "our") welcome you (the "Customer", or "you") to our website at flashspeedllc.com (the "Site") and to the FlashSpeed security and technology services (the "Service"). By entering, connecting to, accessing, or using the Site or the Service, you acknowledge that you have read, understood, and agree to be bound by these terms of service, together with our Privacy Policy (collectively, the "Terms") and to comply with all applicable laws and regulations regarding your use of the Site and the Service. These Terms form a binding and enforceable legal contract between FlashSpeed and you. If you do not agree to these Terms, do not enter, connect to, access, or use the Site or the Service.

The Site provides information about FlashSpeed, the Service, our capabilities, and related resources — including contact information, copy, illustrations, data, logos, button icons, images, the "look and feel" of the Site, and any underlying source code (collectively, the "Content"). The Content on the Site is made available for personal, non-commercial use only. All rights in and to the Content are reserved to FlashSpeed. To the extent legally permissible, the Site and the Content are provided on an "as is" basis. FlashSpeed will not be liable for damages arising from your use of the Site or the Content. Your use of the Site is entirely at your own risk.

Subject to and pursuant to these Terms and our Privacy Policy, FlashSpeed shall provide you with access to the Service — which includes security engineering, software development, network optimisation, and related professional and managed services as described on the Site and agreed upon in any applicable statement of work or engagement letter. The scope, pricing, and delivery of each engagement are set out in the relevant service agreement or order form. The Service is not a substitute for lawful conduct; you remain responsible for everything you do in connection with it.

You do not need an account to view the Site. Where an engagement includes access to a client portal or tools, we will issue access credentials (the "Account") under that engagement. You must safeguard your credentials and are responsible for activity under your Account. Notify us immediately at [email protected] of any unauthorised use of your Account or other breach of security. You may not assign or transfer your Account without our prior written consent. Account access ends when the engagement ends, unless the engagement agreement says otherwise.

Fees for the Service are set out in the applicable engagement agreement or on the Site. Payment is taken by credit card, wire transfer, or such other payment methods as we may offer from time to time. All charges are billed in United States dollars unless otherwise stated. Billing frequency and terms are as agreed in your engagement agreement. If you accept a free trial or promotional offer, your Account will become chargeable on the date such trial or offer expires, unless you have cancelled before that date. By providing a payment instrument, you authorise FlashSpeed (or our payment processor) to charge that instrument consistent with your agreement. FlashSpeed reserves the right to change its prices and fees at any time; where the change applies to an existing engagement, it will take effect as specified in advance notice to you. Failure to pay any fee due is a material breach of these Terms. Until any unpaid fees are settled, FlashSpeed may suspend the Service.

We respect your privacy and handle your information with care. Our practices are described in the Privacy Policy, which is incorporated into these Terms by reference. If you intend to use the Site or the Service you must first read and agree to the Privacy Policy.

The Site, the Service, the Content, and all intellectual property rights pertaining thereto — including inventions, patents, trademarks, copyrightable materials, designs, and trade secrets, whether or not registered (collectively, "Intellectual Property") — are owned by or licensed to FlashSpeed and are protected by applicable copyright and other intellectual-property laws. All rights not expressly granted to you under these Terms are reserved by FlashSpeed and its licensors. These Terms convey no interest in our Intellectual Property; only a limited, revocable, non-exclusive, non-transferable right of use in accordance with these Terms.

"FLASHSPEED", the FlashSpeed mark, the FlashSpeed wordmark, and any other proprietary identifier used by us in connection with the Service (the "FlashSpeed Marks") are trademarks or trade names of FlashSpeed, whether or not registered. All other trademarks and logos that appear on the Site or in the Service belong to their respective owners (the "Third-Party Marks"). No right or licence to the FlashSpeed Marks or any Third-Party Marks is granted to you under these Terms; you agree not to assert any such right.

The Site may include links that direct you to sites or services operated by third parties. Those sites are provided as a convenience and are not under FlashSpeed's control. We do not endorse, and are not responsible for, the content, practices, or policies of any third-party site. Your use of and reliance upon any third-party site is at your sole risk. We recommend that you read the terms and privacy policies of every site you visit.

By using the Service, you agree that you will not, and will not assist or permit any third party to: · Use the Service to engage in conduct that is unlawful in your jurisdiction or in any jurisdiction relevant to the engagement. · Distribute, transmit, or store malware, ransomware, or other malicious code through or against systems in scope of the Service. · Use the Service to launch or assist in denial-of-service attacks, unauthorised intrusions, or any activity that exceeds the agreed scope of any security assessment. · Use the Service to send unsolicited bulk communications or to perform any form of large-scale automated abuse. · Resell, sublicense, or otherwise commercially redistribute the Service without our prior written consent. · Reverse engineer, disassemble, or otherwise attempt to derive the source code of any software we provide, except to the extent permitted by applicable law. Violation of this section is a material breach of these Terms and may result in suspension or termination of your Account under § 18.

The Service may incorporate third-party software, files, and components subject to open-source or other third-party licence terms ("Third-Party Components"). Your right to use such Third-Party Components is subject to the licence terms accompanying them. Where those terms conflict with these Terms, the licence terms of the Third-Party Component prevail in respect of that component. FlashSpeed makes no warranty or representation with respect to Third-Party Components.

The availability of the Service depends on factors that include the public internet, third-party network operators, and the devices and systems involved. We target high availability but do not warrant or guarantee that the Service will operate continuously, without disruption, or be immune from unauthorised access or error.

FlashSpeed has the exclusive right to amend, alter, modify, improve, replace, suspend, or discontinue, temporarily or permanently, all or any portion of the Site or the Service, in its sole discretion, from time to time. Where such a change materially reduces functionality you have paid for, we will offer a pro-rata refund for the remaining term.

We do not warrant that (i) the use and operation of the Site, your Account, or the Service is or will be secure, timely, accurate, complete, uninterrupted, error-free, or free of viruses or other harmful components; (ii) FlashSpeed will correct any defect; or (iii) any representation regarding the use, inability to use, or results of using the Site, the Account, or the Service. FlashSpeed and its representatives disclaim all warranties and conditions with regard to the Site, the Account, and the Service, including warranties of availability, reliability, and quality. We are not responsible for any consequences that may result from technical problems (including slow connections, traffic congestion, server overload, delays, or interruptions) or from any telecommunications or internet provider. Your use of the Site, the Account, and the Service is entirely at your own risk. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.

To the maximum extent legally permissible, in no event shall FlashSpeed or its representatives be liable for (i) any direct, indirect, incidental, special, or consequential damages, or for any loss of profits or revenue resulting from the use of the Service or any failure of the Service; or (ii) any loss or corruption of data resulting from delays, non-deliveries, mis-deliveries, service interruptions, or the negligence of FlashSpeed. In no event shall FlashSpeed's aggregate liability for any claim under these Terms exceed the lower of (i) US$ 500; or (ii) the aggregate amount actually paid by the Customer to FlashSpeed in the twelve (12) months preceding the claim. FlashSpeed provides the Service "as is", without warranty of any kind, whether express or implied, and disclaims all implied warranties — including the implied warranties of merchantability and fitness for a particular purpose. No claim may be asserted by the Customer against FlashSpeed more than two (2) years after the date of the event that underlies the claim.

You agree to defend, indemnify, and hold harmless FlashSpeed and its representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees) arising from (i) your use, misuse, or inability to use the Site, your Account, or the Service; (ii) your violation of any of these Terms or any applicable law; (iii) your violation of any third-party right, including any intellectual-property or privacy right; and (iv) any damage of any kind, whether direct, indirect, special, or consequential, that you cause to any third party in connection with the Site, your Account, or the Service. This obligation survives termination of these Terms. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you; this does not excuse your indemnity obligation, and you shall fully cooperate in asserting any available defence. You may not settle any matter subject to indemnification without our prior written approval.

FlashSpeed may, in its sole discretion, change these Terms from time to time. In the event of a material change, we will post a clear notice on the Site or send Account holders an email at the address on file. Material changes take effect thirty (30) days after such notice is given (or, if shorter, the period required by applicable law). Other changes are effective as of the "Last updated" date. Your continued use of the Site or the Service after the effective date constitutes acceptance of the revised Terms.

These Terms remain in effect until terminated as set out in this section. Either party may terminate the Account on thirty (30) days' written notice; for monthly engagements, termination by the Customer takes effect at the end of the then-current monthly billing cycle. FlashSpeed may, at its sole discretion and with or without notice, immediately terminate the Service or any engagement with the Customer upon any breach by the Customer of these Terms, the Privacy Policy, or applicable law. Upon termination, the Customer shall pay all unpaid fees through the effective date of termination. The Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and General sections survive termination. We may suspend access to your Account if we believe in good faith that (a) there is a risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our systems; (c) suspension is needed to protect the rights, property, or safety of FlashSpeed, its clients, or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms or applicable law; or (f) we are required to do so by law. Where lawfully permitted, we will notify you of the suspension. We will restore access once the underlying reason has been resolved.

(a) These Terms constitute the entire agreement between you and FlashSpeed relating to the subject matter herein and supersede all prior or contemporaneous agreements or understandings. (b) These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles. (c) Any dispute arising out of or related to the Site or the Service will be brought in, and you consent to the exclusive jurisdiction and venue of, the state and federal courts located in Laramie County, Wyoming. You waive any defence of lack of personal jurisdiction or forum non conveniens. Notwithstanding the foregoing, FlashSpeed may seek injunctive relief in any court of competent jurisdiction. (d) These Terms create no relationship of partnership, joint venture, employer-employee, agency, or franchisor-franchisee between the parties. (e) No waiver by either party of any breach hereunder will be deemed a waiver of any preceding or subsequent breach. Headings are inserted for convenience only. (f) You acknowledge that any cause of action you may have arising out of or related to the Site or the Service must commence within two (2) years after the cause of action accrues; otherwise it is permanently barred. (g) If any provision is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect. (h) You may not assign or transfer these Terms without our prior written consent; any attempt to do so is void. We may assign these Terms without restriction. (i) No amendment is binding unless in writing and signed by FlashSpeed. (j) The parties agree that all correspondence relating to these Terms shall be written in the English language.

For questions, comments, or notice of error under these Terms: · by email — [email protected] · by phone — +1 (802) 692-9704 · by post — FlashSpeed LLC, Attn: Legal, 106 E Lincolnway, Suite 305C, 112, Cheyenne, Wyoming 82001, USA We will make a reasonable effort to reply within thirty (30) days.