1. Who we are and what these terms cover

Cybriva AI and the Cybriva product family are offered by TS Consulting LLC, a Florida limited liability company based in Fort Myers, Florida ("TS Consulting," "Cybriva," "we," "us" or "our"). In these terms, "you" and "Customer" mean the person or organization that buys from us.

These Terms of Sale govern every purchase made through cybriva.ai, our checkout links, or an invoice that refers to them, including:

• Digital products, such as CyberSecure Starter Kits and Professional Editions, workbooks, forms and related templates;
• Cybriva Library memberships (subscriptions);
• SOC 2 readiness products, which combine templates with advisory hours; and
• Consulting and advisory services, including prepaid blocks of consulting hours.

Each digital product also comes with a Commercial Template License and Terms. If that license and these terms conflict about how you may use the materials, the product license controls. A separate signed agreement with TS Consulting, such as a statement of work, controls over these terms for the services it covers.

By completing a purchase, or by downloading, accessing or using a product or service, you agree to these terms. If you are buying for an organization, you confirm that you are authorized to accept these terms on its behalf.

2. Business customers

Our products and services are designed for businesses, professional practices and other organizations, not for personal, family or household use. You must be at least 18 years old and able to enter into a binding contract to buy from us.

3. Orders, prices and payment

• Prices. Prices are shown in U.S. dollars on our website or on your invoice. We may change prices at any time, but a change will not affect an order we have already accepted.
• Payment. Payment is due in full at checkout unless we agree otherwise in writing. Payments are processed by Stripe or another third-party payment processor. We do not receive or store your full card number.
• Taxes. Prices do not include applicable sales, use or similar taxes. Where required, tax will be added at checkout or on your invoice.
• Order acceptance. Your order is accepted when payment is successfully processed. We may refuse or cancel an order, with a full refund, if a price or description on our site is clearly wrong, if we suspect fraud, or if we cannot provide the product or service.
• Chargebacks. Please contact us before disputing a charge with your bank so we can try to resolve the issue. If you file a chargeback, we may suspend access to downloads, memberships and scheduled services while the dispute is open.

4. Delivery of digital products

Digital products are delivered electronically, normally as a download link or file access sent to the email address you provide at checkout. Delivery is complete when the link or access is made available to you. Download your files promptly and keep a copy. If you do not receive your files within one business day, or a file is damaged or will not open, email info@cybriva.ai and we will send a working copy.

5. Your license to use the materials

When you pay for a digital product, we grant you a limited, non-exclusive, non-transferable license to customize and use the materials for your own organization's internal business operations, as described in the product's Commercial Template License and Terms. In summary:

• You may edit, brand, complete and put the templates into use within your organization; give completed policies to your staff; and share completed policies and plans with your clients, insurers, auditors, regulators and business partners as evidence of your own program.
• You may not resell, sublicense, publish, post publicly or redistribute the templates or source files; add them to a shared template library; repackage them for sale; or use one purchase for more than one organization.
• IT providers, consultants and networks that want to use the materials for several client organizations need a Cybriva Library Partner membership or a separate written license from us.

We own the materials. Your license lets you use them; it does not transfer ownership. Future versions of a product are not included with a one-time purchase unless the product listing says so or you have an active Library membership.

6. Cybriva Library memberships

• Automatic renewal. Memberships renew automatically at the end of each monthly or annual billing period, and your payment method is charged the then-current membership fee until you cancel.
• Cancelling. You can cancel at any time by emailing info@cybriva.ai or through any self-service billing link we provide. Cancellation takes effect at the end of the current billing period. You keep access until then, and we do not give partial refunds for unused time.
• Price changes. We will give you at least 30 days' notice by email before a price change affects your renewal.
• After you cancel. You may keep using materials you downloaded during your membership for your own organization, under the license in Section 5. New releases, updates, the monthly Program Pack, office hours and other member benefits end when your membership ends.
• Partner memberships. Partner 10 and Partner 25 memberships allow use for up to the stated number of client organizations. You are responsible for making sure each client uses the materials only for its own internal purposes.
• Upgrade credit. Where we offer credit toward an annual plan for a kit you bought in the past 12 months, the credit applies once, to your first annual plan, and cannot be exchanged for cash.

7. Consulting and advisory hours

These terms apply to prepaid consulting hours, including the 10-Hour Block, and to the advisory hours included in SOC 2 readiness products.

• Scheduling. After purchase, we will contact you to schedule sessions. Sessions are usually held remotely, at mutually agreed times during normal business hours (Eastern Time).
• How time is counted. Time is tracked in 30-minute intervals. It includes live sessions and time spent working on your request between sessions, such as reviewing documents or preparing written guidance. We will give you a summary of hours used on request.
• Rescheduling and no-shows. Please give at least 24 hours' notice to reschedule a session. If you miss a session, or cancel with less than 24 hours' notice, we may deduct up to 30 minutes from your balance.
• Expiration. Prepaid hours expire 12 months after the purchase date. Unused hours after that date are forfeited and cannot be refunded.
• Transfers. Hours belong to the purchasing organization and may not be transferred or resold. With our written approval, hours may be used for an affiliated organization under common ownership.
• Your responsibilities. You are responsible for giving us accurate information and timely access to the people and materials we need, and for all decisions you make and actions you take based on our guidance.
• Scope. Advisory services are guidance and support. Unless a separate signed agreement says otherwise, they do not include managed security services, round-the-clock monitoring, incident response on demand, penetration testing, legal advice, or any audit, attestation or certification. Work beyond the purchased hours needs a new purchase or a separate agreement.

8. SOC 2 readiness products

SOC 2 readiness products help you prepare for a SOC 2 examination. A SOC 2 report can only be issued by an independent CPA firm under AICPA standards. TS Consulting is not a CPA firm, does not perform SOC 2 examinations, and does not guarantee that you will receive an unqualified (clean) opinion or any particular result. Discounted pricing for SOC 2 Type 2 is available only to the organization that bought the SOC 2 Type 1 Readiness product. Included advisory hours follow Section 7.

9. Refunds and cancellations

• Digital products. Because digital files cannot be returned once delivered, sales of kits and templates are final. We will fix the problem or refund you if you were charged twice, if a file is defective and we cannot supply a working copy, or if you did not receive the product.
• Library memberships. You can cancel at any time as described in Section 6. Fees already paid are not refundable, except that if you cancel within 7 days of your first-ever membership charge and have not downloaded any materials, we will refund that first charge.
• Consulting hours. You may request a full refund of a prepaid hour block within 14 days of purchase if no hours have been used. After that, or once any hours have been used, prepaid hours are non-refundable.
• SOC 2 readiness products. Because these include immediate access to the kit, they are non-refundable once the materials have been delivered, except for the reasons listed above for digital products.

To ask for a refund, email info@cybriva.ai with your order details. Approved refunds are returned to the original payment method. Nothing in this section limits any right you have under law that cannot be waived.

10. No professional advice and no guarantee

Our materials and services are general educational and operational resources. They are not legal, regulatory, tax, accounting, insurance or audit advice, and buying from us does not create an attorney-client relationship. You should review and adapt all materials to your organization, and get advice from qualified professionals, including legal counsel, where your obligations are significant.

We do not guarantee that using our products or services will make you compliant with any law, regulation, professional standard, contract, insurer requirement or framework (including HIPAA, the FTC Safeguards Rule, IRS requirements, state privacy or insurance laws, ABA guidance, NIST or SOC 2), or that it will prevent any security incident, data breach, fraud or loss.

References to laws, regulators and frameworks are descriptive only. Cybriva is independently developed and is not affiliated with, sponsored by or endorsed by the AICPA, NIST, CISA, the FTC, the IRS, HHS, the ABA or any other government agency or professional body.

11. Disclaimer of warranties

Except as expressly stated in these terms, and to the fullest extent permitted by law, all products and services are provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the materials are error-free, complete or current for your circumstances.

We do warrant that we will perform consulting and advisory services in a professional and workmanlike manner. If we do not, and you tell us within 30 days after the affected service, your remedy is that we will re-perform the service or, if that is not practical, refund the fees for that service.

12. Limitation of liability

To the fullest extent permitted by law, TS Consulting and its members, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue, data, goodwill or business opportunity, or for losses caused by a cyberattack, data breach, regulatory action or fine, however caused, even if advised of the possibility of those damages.

Our total liability for all claims relating to a product, service or these terms will not exceed the amount you paid us for that product or service in the 12 months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

13. Indemnification

You agree to defend, indemnify and hold harmless TS Consulting and its members, employees and contractors from third-party claims, losses and expenses (including reasonable attorneys' fees) arising from: your use or modification of the materials; your security program or incidents at your organization; information you give us; or your breach of these terms or the product license.

14. Intellectual property

All templates, workbooks, content, designs, logos and other materials we provide belong to TS Consulting LLC or its licensors and are protected by copyright and other laws. Cybriva, Cybriva AI, the CyberSecure product names and related logos are marks claimed by TS Consulting LLC. The ™ symbol indicates a claimed mark, not a registration. You keep ownership of your own information and of the customized policies you create for your organization, but not of our underlying template content.

15. Confidential and sensitive information

We treat non-public information you share with us during consulting and advisory work as confidential. We use it only to provide the services and disclose it only as needed to provide them or as required by law.

Do not send us protected health information (PHI), Social Security numbers, taxpayer data, account credentials, client files or other regulated personal data unless we have first signed a separate written agreement that covers it, such as a Business Associate Agreement. Our services are designed to work with your policies, processes and summaries, not with your regulated data.

16. Third-party services

We use third-party providers for payment processing, email, file delivery, scheduling and video meetings. Their own terms and privacy practices apply to your use of their services, and we are not responsible for their availability or conduct. Our materials may refer to third-party products or websites for convenience. These references are not endorsements.

17. Governing law and disputes

These terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Before starting any formal proceeding, both parties agree to try in good faith to resolve a dispute by written notice and discussion for at least 30 days. Any lawsuit relating to these terms or our products or services must be brought only in the state or federal courts located in Lee County, Florida, and both parties consent to those courts' jurisdiction. Either party may seek temporary injunctive relief in any court to protect its intellectual property or confidential information.

18. Changes to these terms

We may update these terms from time to time. The version posted at the time of your purchase applies to that purchase. For Library memberships, updated terms apply from your next renewal after we post them. If we make a material change, we will tell active members by email at least 30 days in advance.

19. General terms

• Entire agreement. These terms, the product license and your order (or any signed agreement that applies) are the entire agreement between us for your purchase. Terms in your purchase order or other documents do not apply unless we agree to them in writing.
• Severability. If any part of these terms is found unenforceable, the rest remains in effect, and the unenforceable part will be enforced to the maximum extent allowed.
• No waiver. If we do not enforce a term, that does not mean we waive it.
• Assignment. You may not transfer your rights under these terms without our written consent. We may assign them in connection with a merger, acquisition or sale of the Cybriva business.
• Force majeure. Neither party is responsible for delays caused by events beyond its reasonable control, such as natural disasters, severe weather, power or internet outages, or government action. This does not excuse your payment obligations.
• Independent contractor. We provide services as an independent contractor. Nothing in these terms creates a partnership, joint venture, employment or agency relationship.
• Notices. We may send notices to the email address from your order. Send notices to us at info@cybriva.ai.
• Survival. Sections 5 and 9 through 19 survive the end of any purchase or membership.

20. Contact us

Questions about these terms or an order:
Cybriva AI, a product family of TS Consulting LLC
Fort Myers, Florida
info@cybriva.ai · cybriva.ai