Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Vigilium website (vigilium.ai), platform, and security scanning services (collectively, the “Service”) operated by Machplace LLC (“Machplace,” “we,” “us,” or “our”), a Florida limited liability company.

By creating an account, using the Service, or submitting a domain for scanning, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

• “Service” means the Vigilium security scanning platform, including the website, scanning engines, AI report generation, security grading, compliance evidence features, APIs, and all related tools and functionality.
• “Plan” means the subscription tier selected by Customer (Essentials, Professional, Business, or Agency), with its associated features, scan frequency, target limits, and fees.
• “Target” means a single domain, subdomain, hostname, or IP address submitted by Customer for scanning. Each unique domain or subdomain counts as a separate Target.
• “Scan” means an automated security assessment of a Target using one or more of our scanning engines.
• “Report”means any AI-generated security health report, A–F security grade, compliance evidence document, or other output produced by the Service based on Scan results.
• “Free Scan” means the complimentary one-time security grade assessment available without a paid subscription.
• “Customer User”means any employee, contractor, or agent authorized by Customer to access the Service through Customer's account.

2. The Service

2.1 Upon account creation, Plan selection, and payment of applicable Fees, we will provide the Service in accordance with the features and limitations of your selected Plan.

2.2 You may use the Service solely for your own internal business purposes to scan Targets that you own or are authorized to scan. If you are on the Agency Plan, you may also use the Service on behalf of your clients, provided you have obtained their written authorization.

2.3 Customer is responsible for all activity that occurs under their account, including actions taken by Customer Users. You agree to maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use.

2.4We reserve the right to modify, improve, or discontinue features of the Service at any time. Material changes to your Plan's features will be communicated at least 30 days in advance.

3. Customer Responsibilities and Scanning Authorization

3.1 Authorization to Scan. By submitting a Target for scanning, you represent and warrant that:

• You own the Target, or you have obtained explicit written authorization from the Target's owner to conduct security scanning;
• You have all necessary rights, permissions, and consents required to authorize us to scan the Target;
• The scanning will not violate any applicable law, regulation, or agreement to which you are a party.

3.2 Legal Compliance.You acknowledge that unauthorized scanning of computer systems may violate federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030). You are solely responsible for ensuring that your use of the Service complies with all applicable laws in your jurisdiction.

3.3 Network Impact. You acknowledge that the Service uses automated scanning techniques, including network port scanning, web application testing, SSL/TLS analysis, and vulnerability detection. These techniques may temporarily increase network bandwidth consumption and system processing load on your Targets. We are not responsible for any performance degradation, service interruption, or capacity limitations experienced by your Targets as a result of authorized scanning.

3.4 Third-Party Hosting.If your Target is hosted by a third-party provider (e.g., a web hosting company, cloud provider, or managed service provider), you are responsible for ensuring that scanning complies with that provider's acceptable use policy and terms of service. Some hosting providers require advance notification or approval before vulnerability scanning.

4. Prohibited Use

You agree not to:

• Submit Targets that you do not own or are not authorized to scan;
• Use the Service to perform denial-of-service attacks or intentionally disrupt any system;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or its scanning engines;
• Resell, sublicense, or redistribute access to the Service except as permitted under the Agency Plan;
• Use the Service or any Report to build a competing product or service;
• Circumvent any rate limits, access controls, or security measures of the Service;
• Upload malicious content or attempt to compromise the integrity of the Service;
• Use information obtained from the Service to exploit vulnerabilities in any system.

5. Fees and Payment

5.1 Subscription Fees. Fees for paid Plans are charged in advance on a monthly basis at the rate published on our pricing page at the time of subscription, or as otherwise agreed in writing.

5.2 Payment Method. Payment is processed through Stripe, Inc. By subscribing, you authorize recurring charges to your designated payment method at the start of each billing cycle.

5.3 Fee Changes.We reserve the right to modify Fees with at least 30 days' notice by email. Updated Fees take effect at the start of the next billing cycle following the notice period. If you disagree with a Fee change, you may cancel your subscription before the new Fees take effect.

5.4 Additional Targets.Additional Targets beyond your Plan's included allocation are billed at the current published per-target rate.

5.5 Taxes. All Fees are exclusive of applicable taxes (sales tax, VAT, etc.), which are your responsibility.

5.6 Late Payment. If payment fails, we may suspend access to the Service until outstanding amounts are resolved. We reserve the right to charge interest at the lesser of 1.5% per month or the maximum rate permitted by law on overdue amounts.

6. Free Scan

6.1The Free Scan feature provides a one-time A–F security grade for a single Target. It requires submission of an email address and domain.

6.2Free Scans are provided “as is” with no service level commitment. We reserve the right to limit, modify, or discontinue the Free Scan feature at any time.

6.3 The scanning authorization requirements in Section 3 apply equally to Free Scans.

7. Term, Renewal, and Cancellation

7.1 Term. Paid subscriptions begin on the date of initial payment and continue for monthly billing cycles unless cancelled.

7.2 Auto-Renewal. Subscriptions automatically renew at the end of each billing cycle at the then-current Fee unless you cancel before the renewal date.

7.3 Cancellation. You may cancel your subscription at any time through your account dashboard or by contacting support at [email protected]. Cancellation takes effect at the end of the current billing cycle. No partial refunds are issued for unused portions of a billing period.

7.4 Money-Back Guarantee. New subscribers may request a full refund within 30 days of their initial subscription payment. This guarantee applies once per Customer and does not apply to renewals.

7.5 Termination by Us. We may suspend or terminate your account immediately, without prior notice, if:

• You breach any provision of these Terms, including the scanning authorization requirements in Section 3;
• Your payment method fails and is not resolved within 7 days;
• We reasonably believe your use of the Service poses a security risk or may expose us to legal liability;
• Continued provision of the Service to you becomes unlawful.

7.6 Effect of Termination. Upon termination, your access to the Service, including all scan data and Reports, will cease. You may request an export of your Reports for up to 30 days following termination, after which all data will be permanently deleted.

8. Intellectual Property

8.1 The Service, including all software, scanning engines, AI models, algorithms, user interface designs, documentation, and branding, is the exclusive property of Machplace LLC. Nothing in these Terms transfers any intellectual property rights to you.

8.2 You retain ownership of the data you submit to the Service (Targets, account information). You grant us a limited, non-exclusive license to process this data solely for the purpose of providing the Service.

8.3Reports generated by the Service are provided for your use. You may share, export, and distribute Reports generated from your Scans, provided you do not remove or alter any Vigilium branding (unless you are on the Agency Plan using white-label Reports). You may not represent Reports as the work of any entity other than Vigilium (except under the Agency Plan's white-label feature).

9. Security Disclaimers

9.1 No Guarantee of Completeness. The Service uses automated scanning tools and AI-generated analysis. While we strive for comprehensive coverage, you acknowledge that:

• The Service may not detect all vulnerabilities, misconfigurations, or security weaknesses affecting your Targets;
• The absence of findings in a Scan does not mean a Target is free of vulnerabilities;
• New vulnerabilities are discovered continuously, and there may be a delay between public disclosure and inclusion in our scanning templates.

9.2 Reports Are Informational. AI-generated Reports, security grades, and remediation guidance are provided for informational purposes only. They do not constitute professional cybersecurity consulting, legal advice, or a certified security audit. You should not rely solely on the Service as your only security measure.

9.3 Compliance Evidence Is Supportive. Compliance evidence generated by the Service (for PCI DSS, HIPAA, SOC 2, or other standards) is intended to support your compliance efforts. It does not guarantee that you are compliant with any standard, law, or regulation. Compliance determinations are ultimately made by qualified auditors and regulatory authorities.

9.4 AI-Generated Content. Reports are generated using artificial intelligence. While we train and refine our AI models for accuracy, AI-generated content may occasionally contain errors, omissions, or recommendations that may not be appropriate for your specific environment. You should exercise your own judgment when acting on AI-generated recommendations.

10. Limitation of Liability

10.1 To the maximum extent permitted by law, Machplace LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, business interruption, or damages resulting from security breaches or cyberattacks, however arising, even if we have been advised of the possibility of such damages.

10.2 To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).

10.3 Without limiting the foregoing, we are not liable for:

• Damage or loss resulting from vulnerabilities that the Service did not detect;
• Damage or loss resulting from your failure to act on findings or recommendations in a Report;
• Performance degradation or disruption to your Targets caused by authorized scanning activities;
• Actions taken by third parties exploiting vulnerabilities in your systems;
• The accuracy, completeness, or suitability of AI-generated content in Reports.

10.4 The limitations in this section do not apply to liability arising from fraud, willful misconduct, or death or personal injury caused by our negligence, or any liability that cannot be excluded by applicable law.

11. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, or that all vulnerabilities will be detected. We do not warrant that Reports or security grades will be accurate, complete, or suitable for any particular purpose.

12. Indemnification

12.1You agree to indemnify, defend, and hold harmless Machplace LLC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service, including any Scans performed on your Targets;
• Your breach of these Terms, including scanning Targets without proper authorization;
• Your violation of any applicable law or regulation;
• Any claim by a third party that your use of the Service infringed their rights or caused them harm, including claims arising from unauthorized scanning of third-party systems.

12.2 We will indemnify you against third-party claims that the Service, as provided by us, infringes a valid United States patent, copyright, or trademark, provided you promptly notify us, allow us to control the defense, and cooperate in the defense of such claim.

13. Confidentiality

13.1 Each party agrees to keep confidential all non-public information received from the other party in connection with the Service, including scan results, Reports, security grades, pricing terms, and technical specifications.

13.2Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without reference to the disclosing party's information; or (d) is required to be disclosed by law, court order, or governmental authority.

14. Governing Law and Dispute Resolution

14.1 These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws provisions.

14.2 Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days of written notice, either party may bring suit in the state or federal courts located in Pinellas County, Florida, and both parties consent to the exclusive jurisdiction of those courts.

14.3 Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

15. General Provisions

15.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Machplace LLC regarding the Service and supersede all prior agreements, representations, and understandings.

15.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

15.5 Force Majeure. Neither party shall be liable for delays or failures in performance caused by events beyond reasonable control, including natural disasters, acts of government, internet disruptions, cyberattacks on our infrastructure, or pandemics, provided the affected party notifies the other promptly and takes reasonable steps to mitigate the impact. Payment obligations are not excused by force majeure.

15.6 Notices. All notices under these Terms shall be sent by email. Notices to us should be sent to [email protected]. Notices to you will be sent to the email address associated with your account.

15.7 Modifications. We may update these Terms from time to time. Material changes will be communicated by email at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact Us

If you have questions about these Terms: