Terms & Conditions

By accessing or using any services provided by Disruptivv.AI LLC ("Company," "we," "us," or "our"), including but not limited to our website at disruptivv.ai, NightOwl SOC platform, AI Security Assessments, vCISO advisory services, and related tools, you ("Client," "you," or "your") agree to be bound by these Terms and Conditions.

If you are entering into these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use our services.

Disruptivv.AI LLC provides AI-powered cybersecurity managed services to small businesses and healthcare organizations. Our core service offerings include:

• NightOwl SOC Platform — 24/7 AI-driven security operations center monitoring, threat detection, and incident alerting delivered through our tiered membership plans (Fledgling, Watchful, Nighthawk, Apex Owl).
• AI Security Assessment — Comprehensive evaluation of your organization's AI and cybersecurity risk posture, with findings and remediation recommendations.
• vCISO Advisory Services — Fractional Chief Information Security Officer services providing strategic cybersecurity guidance, policy development, and compliance support.
• Cyber Insurance Readiness — Assessment and preparation services to improve your organization's insurability and cyber risk documentation.
• AI Security Awareness Training — Employee-facing training programs covering AI-related threats, phishing, and security best practices.
• Compliance Support — Guidance and documentation assistance for HIPAA security rules and related regulatory frameworks applicable to small business and healthcare clients.

Service scope, deliverables, timelines, and pricing for each engagement are defined in a separate Statement of Work (SOW) or Service Agreement executed between you and Disruptivv.AI LLC. In the event of a conflict between these Terms and an executed SOW, the SOW shall govern with respect to the specific engagement.

Disruptivv.AI LLC operates using a hybrid human-AI delivery model. Our services are performed in part by AI analyst agents operating under human oversight. You acknowledge and agree to the following disclosures regarding AI-assisted service delivery:

• AI agents including ARIA (threat triage), NOVA (compliance monitoring), HECTOR (endpoint analysis), REX (vulnerability scanning), and IRIS (awareness content) may generate, analyze, summarize, or deliver security-related outputs as part of your service.
• All AI agent activity is governed by human oversight provided by our Principal AI Officer and vCISO team. Material decisions, escalations, and incident responses involving your environment are reviewed by a qualified human professional.
• AI-generated outputs — including threat alerts, risk scores, assessment findings, and recommendations — are informational in nature and do not constitute legal, regulatory, or professional certification advice.
• AI agents may not detect all threats, vulnerabilities, or compliance gaps. No cybersecurity service, whether AI-assisted or otherwise, guarantees complete protection against all threats.
• You consent to the use of AI-assisted tools and agents in the delivery of your contracted services upon execution of a service agreement or by continuing to use our platform.

Disruptivv.AI LLC uses SMS messaging to deliver real-time security alerts, threat notifications, anomaly flags, and compliance event updates to enrolled clients via our NightOwl SOC platform. The following terms govern your participation in SMS communications:

• Opt-In: SMS alerts are only sent to clients who have provided explicit written consent via our client intake and onboarding web form. Consent is recorded with a timestamp at the time of form submission. You will not receive SMS messages without first opting in.
• Message Frequency: Message frequency varies based on threat activity in your monitored environment. You may receive multiple messages per day during active security events.
• Message & Data Rates: Standard message and data rates may apply depending on your mobile carrier and plan. Disruptivv.AI LLC is not responsible for carrier charges.
• Opt-Out: You may opt out of SMS alerts at any time by replying STOP to any message. Upon receipt of STOP, you will be removed from all SMS communications within one business day. You may re-enroll at any time by contacting our support team.
• Help: Reply HELP to any message for support contact information, or email us at support@disruptivv.ai.
• No Marketing: SMS messages from Disruptivv.AI LLC are transactional security alerts only. We do not send promotional or marketing messages via SMS.
• Consent Not Required for Purchase: Consent to receive SMS messages is not a condition of purchasing or receiving our services.

To enable effective service delivery, you agree to the following responsibilities as a client of Disruptivv.AI LLC:

• Provide accurate, complete, and current information in all intake forms, assessments, and communications with our team.
• Grant necessary access permissions to systems, networks, and documentation as required to perform contracted services.
• Designate a primary point of contact authorized to receive security alerts, respond to incidents, and make decisions regarding your security environment.
• Notify Disruptivv.AI LLC promptly of any known or suspected security incidents, changes to your IT environment, or events that may affect service delivery.
• Maintain lawful use of all systems and data within your monitored environment. You represent that you have legal authority over all systems for which you request monitoring or assessment services.
• Comply with all applicable laws and regulations governing your business, including HIPAA where applicable to your healthcare operations.
• Ensure that individuals whose devices or accounts may be monitored under our services have been appropriately notified as required by applicable law.

Disruptivv.AI LLC collects and processes certain information in connection with service delivery. This section summarizes our data practices; our full Privacy Policy is available at disruptivv.ai/privacy.

• Business Contact Data: We collect name, email, phone number, and organization information provided through our intake forms, onboarding process, and ongoing communications.
• Security Telemetry: As part of monitoring services, we may collect security event logs, network metadata, endpoint telemetry, and related technical data from your monitored environment.
• SMS Consent Records: We retain records of your SMS opt-in consent including timestamp, phone number, and consent language presented at the time of enrollment.
• Assessment Data: Information gathered during security assessments including system inventories, vulnerability findings, and compliance gaps is retained to support service delivery and reporting.
• Data Use: Collected data is used solely to deliver contracted services, improve our AI models and detection capabilities, maintain compliance records, and communicate with you regarding your account and security posture.
• Data Sharing: We do not sell your data. We may share data with sub-processors (e.g., cloud infrastructure providers, AI platforms) as necessary to deliver services, subject to appropriate data processing agreements.
• Retention: Data is retained for the duration of your service engagement plus a minimum of three (3) years for compliance and audit purposes, unless a longer retention period is required by law or your service agreement.

For clients who are Covered Entities or Business Associates as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the following additional terms apply:

• Disruptivv.AI LLC may function as a Business Associate where services involve access to Protected Health Information (PHI). In such cases, a Business Associate Agreement (BAA) must be executed prior to the commencement of services.
• We implement administrative, physical, and technical safeguards designed to protect PHI in accordance with the HIPAA Security Rule (45 CFR Part 164, Subpart C).
• Our AI agents operating in healthcare client environments are configured and governed to minimize unnecessary PHI exposure. Access to PHI by AI systems is logged and subject to human oversight review.
• In the event of a breach or suspected breach of unsecured PHI, we will notify you in accordance with the HIPAA Breach Notification Rule (45 CFR Part 164, Subpart D) and applicable state notification laws.
• Clients are responsible for ensuring that their use of our services is consistent with their own HIPAA compliance obligations, including workforce training, risk analysis, and policies and procedures.

Payment terms for all services are governed by your executed Service Agreement or Statement of Work. The following general terms apply unless otherwise specified in writing:

• Recurring Services: Monthly retainer and subscription fees (e.g., NightOwl SOC memberships) are billed in advance on a monthly or annual basis as selected at enrollment.
• Project-Based Services: One-time engagements such as AI Security Assessments are invoiced per the SOW payment schedule, typically 50% upfront and 50% upon delivery.
• Late Payments: Invoices not paid within 15 days of the due date may incur a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by Arizona law, whichever is less.
• Service Suspension: Disruptivv.AI LLC reserves the right to suspend services for accounts that are more than 30 days past due, with written notice to the client's designated contact.
• Refunds: Fees paid for completed work or elapsed service periods are non-refundable. Prepaid amounts for future service periods may be refunded on a pro-rated basis upon written request, at our discretion.
• Taxes: Fees are exclusive of applicable taxes. You are responsible for all taxes, duties, or governmental charges arising from your purchase of services, except for taxes based on our net income.

All intellectual property associated with Disruptivv.AI LLC's services, platforms, and AI systems is governed as follows:

• Our IP: All software, AI models, agent frameworks, methodologies, branding, templates, and platform components developed by Disruptivv.AI LLC remain our exclusive property. No license to our underlying IP is granted except as expressly set forth in your service agreement.
• Your Data: You retain all ownership rights to your business data, security telemetry, and information you provide to us. You grant us a limited license to process and use your data solely to deliver contracted services.
• Deliverables: Reports, assessments, policy documents, and other written deliverables produced specifically for your engagement are licensed to you for internal business use upon full payment. We retain the right to use anonymized, aggregated findings for research and product improvement.
• Feedback: Any feedback, suggestions, or ideas you provide regarding our services may be used by us without restriction or compensation to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISRUPTIVV.AI LLC AND ITS OFFICERS, AGENTS, EMPLOYEES, AND AI SYSTEMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

Our total aggregate liability to you for any claims arising out of or related to these Terms or your use of our services shall not exceed the total fees paid by you to Disruptivv.AI LLC in the three (3) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Either party may terminate a service engagement in accordance with the terms of the applicable Service Agreement or SOW. In the absence of specific termination provisions, the following defaults apply:

• Client Termination: You may terminate recurring services with 30 days written notice to support@disruptivv.ai. You remain responsible for fees accrued through the end of the notice period.
• Company Termination for Cause: We may terminate services immediately upon written notice if you breach these Terms, fail to pay amounts owed, engage in unlawful activity, or create conditions that compromise the security of our systems or other clients.
• Effect of Termination: Upon termination, your access to our platforms and services will be deactivated. We will provide a final data export of your security data upon request within 30 days of termination. After 90 days, your data may be purged from our systems subject to legal retention requirements.
• SMS Opt-Out: Termination of services does not automatically remove you from SMS alerts. Reply STOP to any message or contact us to ensure SMS enrollment is cancelled.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, the parties agree to the following resolution process:

• Informal Resolution: Before initiating formal proceedings, the parties agree to attempt to resolve disputes informally by contacting support@disruptivv.ai and allowing 30 days for good-faith resolution.
• Governing Law: These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.
• Jurisdiction: Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You consent to personal jurisdiction in such courts.
• Arbitration: For disputes involving amounts under $10,000, either party may elect binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Maricopa County, Arizona.
• Class Action Waiver: You agree to resolve disputes with us on an individual basis only and waive any right to bring claims as a class action or representative proceeding.

Disruptivv.AI LLC reserves the right to update or modify these Terms and Conditions at any time. When we make material changes, we will:

• Update the "Effective Date" at the top of this page.
• Notify active clients via email to the address on file at least 14 days before changes take effect.
• For SMS-enrolled clients, send a notification text referencing the updated Terms.

Your continued use of our services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must notify us in writing and discontinue use of our services prior to the effective date.

For questions, concerns, or requests related to these Terms and Conditions, please contact us through any of the following channels: