These terms are an agreement between you and Samyam Ray, an individual carrying on business under the trade name Cerberon from Chennai, Tamil Nadu, India, registered as an MSME under Udyam registration UDYAM-TN-02-0522444 (“Cerberon”, “we”, “us”). They apply when you use this website, buy a licence to the Cerberon software or engage us for security services. If you accept them for an organisation, you confirm that you may bind it, and “you” means that organisation.
1. Who we serve
Cerberon sells to businesses, not to consumers. We do not currently offer our software or services to customers established in the European Union, the European Economic Area or the United Kingdom, and you confirm that you are not purchasing from or for an entity established there. You must be at least 18 years old to use this website to contact or buy from us.
2. What these terms cover
- The website. Your use of cerberon.dev and docs.cerberon.dev.
- Software. The Cerberon software is licensed, not sold, under the Licence Agreement, which forms part of these terms.
- Services. Penetration testing, assessments, code review, red teaming and related work (“Services”) are governed by these terms and by the quote or statement of work we agree for each engagement (“Statement of Work”). If a Statement of Work conflicts with these terms, the Statement of Work wins for that engagement.
- Acceptable Use. Your use of the software and the Services must follow the Acceptable Use Policy.
3. Quotes, orders and prices
Prices on the website are indicative. A purchase is confirmed only by a written quote or invoice from us that you accept, or by payment of that invoice. Prices exclude taxes, duties and bank charges, which you pay in addition. Where we are required to charge goods and services tax or any other tax, it will be shown on the invoice.
Unless an invoice says otherwise, payment is due within 15 days of the invoice date. We may suspend delivery of a licence, updates, support or Services while an undisputed amount is overdue, after giving you notice by email.
4. Services
For each engagement, the Statement of Work sets out the targets in scope, the testing window, the method, the deliverables and the price.
- Authorisation. You confirm that you own, or have written permission from the owner to test, every system, application, network, account and person in scope, and you will give us evidence of that permission on request. We will not start testing without it.
- Your responsibilities. You will provide timely access, test accounts, contacts available during testing and backups of systems in scope. You will tell your hosting and service providers about testing where their terms require it.
- Risk. Security testing can, despite care, cause slowdowns, errors, lockouts or data changes on the systems tested. We agree rules of engagement with you, avoid denial of service unless agreed, and stop on request. You accept these inherent risks for the systems you put in scope.
- Results. A test examines what was in scope during the testing window. It is not a guarantee that a system is free of vulnerabilities.
- Free scan. We may offer one free scan per organisation, of one web application or API, one mobile application, or up to five public IP addresses. We start it only after we receive a letter of authorisation signed by a person entitled to approve testing of those targets, and evidence that your organisation owns or controls them. A scan of IP addresses checks the services exposed on them and does not test web applications. It produces one report, with no retest, and is provided as is, without any warranty. We may decline a request or withdraw the offer at any time.
- Rescheduling and cancellation. These are covered by the Refunds and Cancellation policy.
5. Confidentiality
Each party will keep the other’s confidential information confidential, use it only for the purpose of our relationship, and protect it with at least reasonable care. Confidential information includes your systems, vulnerabilities, findings, reports and credentials, and our pricing and non-public product information. These duties do not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or that must be disclosed by law, in which case the receiving party will give notice where the law allows. These duties last for five years after our relationship ends, and indefinitely for credentials and vulnerability details.
We delete or return credentials and test data you gave us for an engagement within 30 days of delivering the final report, unless you ask us to keep them for a retest.
6. Intellectual property
We own the Cerberon software, website, documentation, methods, tools and know-how, including improvements we make while working with you. You own your data, your systems and the reports we deliver to you, which you may share with your customers, auditors and advisers. We may reuse general knowledge and techniques learned in an engagement, but never your confidential information.
If you send us feedback or suggestions, we may use them without obligation to you.
7. Warranties and disclaimers
We will perform Services with reasonable skill and care, by suitably experienced people, in line with the agreed Statement of Work. If we fail to, tell us within 30 days of delivery and we will re-perform the affected work at no charge, which is your main remedy for that failure.
Except as stated in these terms and the Licence Agreement, the website, software and Services are provided “as is”. To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that testing will find every vulnerability, or that the software or website will be uninterrupted or error free.
8. Limitation of liability
To the extent the law allows:
- neither party is liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue, business, goodwill or data, even if advised they were possible, and
- each party’s total liability arising out of or relating to these terms is limited to the fees you paid to us in the 12 months before the event giving rise to the claim.
These limits do not apply to your payment obligations, to a breach of the Acceptable Use Policy, to your indemnity in section 9, or to liability that cannot be limited by law, such as for fraud.
9. Indemnity
You will defend and indemnify us against claims by third parties arising from systems you put in scope without proper authorisation, from your use of the software or Services against systems you were not entitled to test, or from your breach of the Acceptable Use Policy.
10. Term and termination
These terms apply for as long as you use the website, hold a licence or engage us. Either party may terminate an engagement or licence by written notice if the other materially breaches these terms and does not fix the breach within 30 days of notice. Sections 5 to 9, 11 and 12 survive termination.
11. Governing law and disputes
These terms are governed by the laws of India. The parties will first try in good faith to settle any dispute by discussion within 30 days of written notice. If that fails, the courts at Chennai, Tamil Nadu have exclusive jurisdiction, and each party submits to them. Either party may seek urgent injunctive relief in any competent court.
12. General
We may update these terms by posting a new version on this page. Changes apply to purchases and engagements made after the update date. Neither party may assign these terms without the other’s consent, except that we may assign them to a successor of the Cerberon business. Neither party is liable for delays caused by events beyond its reasonable control. If any part of these terms is found unenforceable, the rest remains in force. These terms, the Licence Agreement and any Statement of Work are the entire agreement about their subject.
13. Contact
Samyam Ray, trading as Cerberon, Chennai, Tamil Nadu, India. Email legal@cerberon.dev.