Terms of Service

1. Agreement

By accessing afocalsolutions.com or engaging Afocal Solutions LLC ("Afocal", "we", "us") for services, you agree to these Terms of Service. If you do not agree, please do not use this site or our services.

These Terms establish a general framework governing the relationship between Afocal and its clients. For any active service engagement, the customer service agreement executed between Afocal and the client is the final and controlling document. In the event of any conflict between these Terms and the customer service agreement, the customer service agreement shall prevail in all respects.

2. Services

Afocal provides managed IT, cybersecurity, cloud infrastructure, DevOps, and related technology services to businesses. The specific scope, deliverables, pricing, and obligations for any engagement are defined exclusively in the customer service agreement or statement of work executed between Afocal and the client prior to commencement of services.

Nothing on this website — including service descriptions, pricing indications, or performance metrics — constitutes a binding offer, warranty, or guarantee. All engagements are formalised through a written customer service agreement, which governs the rights and obligations of both parties.

3. Confidentiality

Both Afocal and the client agree to hold in strict confidence all non-public information disclosed by either party in connection with an engagement ("Confidential Information"). Confidential Information includes, but is not limited to: technology environments, security configurations, infrastructure details, business strategies, vendor relationships, pricing, personnel, and any other information designated as confidential or that a reasonable party would understand to be confidential given the nature of the disclosure.

Each party agrees to: (a) use Confidential Information solely for the purpose of the engagement; (b) not disclose Confidential Information to any third party without the prior written consent of the disclosing party; and (c) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.

Afocal will not disclose, directly or indirectly, any information about a client, prospect, or partner — including their technology approach, vendor relationships, security posture, or business operations — to any competitor, third party, or other client, at any time.

These confidentiality obligations survive the expiration or termination of any service engagement for a period of three (3) years, or indefinitely with respect to information that constitutes a trade secret under applicable law.

4. Non-Disclosure Agreement

All formal service engagements are additionally governed by a mutual non-disclosure agreement (MNDA) executed between Afocal and the client prior to or at the commencement of services. In the event of any conflict between these Terms and a signed MNDA, the terms of the MNDA shall control.

5. Non-Solicitation

During the term of any service engagement with Afocal, and for a period of twelve (12) months following its conclusion, the client agrees not to directly or indirectly solicit, recruit, hire, or attempt to hire any Afocal employee, contractor, or engineer who was involved in the delivery of services to the client.

This restriction applies to solicitation through any channel, including direct outreach, third-party recruiters, job postings targeted at Afocal personnel, or any other means intended to circumvent this clause. A breach of this provision entitles Afocal to seek injunctive relief in addition to any other remedies available at law or in equity.

6. Data Security, Assumption of Risk & Limitation of Security Liability

Security is Afocal's highest operational priority. We apply security-first principles to every decision made on a client's behalf — from initial environment assessment and architecture through tool selection, configuration, ongoing monitoring, and incident response. All tools and controls deployed by Afocal are configured, documented, and maintained in accordance with industry best practices, to the best of our knowledge and capability at the time of deployment.

Afocal's service commitment:

• Design and implement preventive security controls appropriate to the client's environment and risk profile
• Maintain and operate ongoing security tooling, monitoring, and controls throughout the engagement
• Respond to active security incidents — directly and in coordination with trusted technology partners — to contain, remediate, and break the attack cycle
• Maintain complete documentation of all configurations, changes, and procedures applied to the client's environment
• Handle all client data responsibly and in strict accordance with the confidentiality obligations in Section 3

Assumption of inherent risk:

The client acknowledges that no security product, service, or managed provider — regardless of quality of design, deployment, or management — can guarantee the prevention of all security incidents, data breaches, ransomware events, or information security failures. Cyber threats evolve continuously; novel attack techniques, zero-day vulnerabilities, and sophisticated adversaries may circumvent even well-designed and properly maintained controls. The client accepts this inherent and unavoidable risk as a condition of engaging Afocal for services.

Full waiver of security-related liability — please read carefully:

BY ENGAGING AFOCAL FOR SERVICES, THE CLIENT EXPRESSLY AND IRREVOCABLY WAIVES ANY AND ALL CLAIMS AGAINST AFOCAL SOLUTIONS LLC, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND TECHNOLOGY PARTNERS ARISING FROM OR RELATED TO ANY SECURITY INCIDENT, DATA BREACH, RANSOMWARE EVENT, UNAUTHORIZED ACCESS, DATA LOSS, OR INFORMATION SECURITY FAILURE. THIS WAIVER IS UNCONDITIONAL WITH RESPECT TO ALL CATEGORIES OF LOSS OR HARM, INCLUDING WITHOUT LIMITATION:

• Financial obligations — direct damages, indirect damages, consequential damages, loss of revenue, loss of profits, recovery and remediation costs, ransom payments, and legal fees
• Reputational obligations — brand damage, loss of goodwill, loss of customer trust, negative press, and any harm to public or commercial standing
• Operational obligations — business interruption, system downtime, data corruption or loss, loss of productivity, and failure to meet third-party SLAs
• Regulatory & legal obligations — fines, penalties, regulatory sanctions, third-party claims, and litigation costs arising from any breach of applicable law or regulation

This waiver applies regardless of the legal theory under which a claim is brought — including contract, tort, negligence, strict liability, or otherwise — and survives the termination of any service engagement. It applies whether or not Afocal-managed tools, systems, or personnel were involved in or proximate to the incident, provided Afocal has acted in good faith and within the agreed scope of services.

Indemnification. The client agrees to indemnify, defend, and hold harmless Afocal Solutions LLC and its officers, employees, contractors, and partners from and against any third-party claims, proceedings, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to a security incident affecting the client's environment.

Aggregate liability cap. Notwithstanding the foregoing, to the extent any liability is found by a court of competent jurisdiction to exist and not be subject to the foregoing waiver, Afocal's total aggregate liability to the client for all claims arising from a service engagement shall not exceed the total fees paid by the client to Afocal in the three (3) calendar months immediately preceding the event giving rise to the claim. The client is solely responsible for maintaining adequate cyber liability insurance coverage sufficient to address the risks of operating in their industry.

7. Acceptable Use

You agree not to use this website to:

• Transmit unlawful, harmful, or misleading content
• Attempt to probe, scan, or test vulnerabilities of our infrastructure
• Scrape or harvest data from this site without written permission
• Impersonate Afocal or any of its personnel

8. Intellectual Property

Website content:

All content on this website — including text, graphics, logos, and code — is the property of Afocal Solutions LLC and may not be reproduced, distributed, or used without prior written consent.

Client deliverables — IP transfer:

Where Afocal develops custom software, applications, scripts, infrastructure-as-code, integrations, or other original work product specifically for a client under a service agreement or statement of work ("Deliverables"), the intellectual property rights in those Deliverables — including all copyrights — shall transfer to the client upon full payment of all fees associated with the applicable engagement, as specified in the governing service level agreement (SLA) or statement of work.

Prior to such transfer, all Deliverables remain the exclusive property of Afocal Solutions LLC. The client is granted a limited, non-exclusive, non-transferable licence to use the Deliverables solely for internal business purposes during the engagement period.

The following are expressly excluded from any IP transfer and remain the sole property of Afocal at all times:

• Afocal's pre-existing proprietary tools, frameworks, templates, and methodologies
• Internal processes, runbooks, and operational playbooks developed by Afocal independently of the engagement
• Third-party software, libraries, or components incorporated into Deliverables — which remain subject to their respective licences

Where third-party licensed components are incorporated into Deliverables, Afocal will identify them and provide the applicable licence terms. The client is responsible for ensuring ongoing compliance with those third-party licences following the IP transfer.

9. Service Levels

Service level commitments — including response times, uptime targets, recovery objectives, and escalation procedures — are defined in and governed exclusively by the customer service agreement executed between Afocal and the client. The customer service agreement is the final and controlling document for all services rendered.

Nothing published on this website, in marketing materials, or in these Terms constitutes a binding service level commitment. All SLA obligations, remedies, and credits are as stated in the applicable customer service agreement. In the event of any conflict between these Terms and the customer service agreement, the customer service agreement shall prevail.

10. Disclaimer of Warranties

This website is provided "as is" without warranties of any kind. Afocal does not warrant that the site will be uninterrupted, error-free, or free of harmful components. General information on this site does not constitute professional security, legal, or compliance advice.

11. Limitation of Liability

To the maximum extent permitted by law, Afocal shall not be liable for any indirect, incidental, or consequential damages arising from your use of this website. Liability for any claims related to formal service engagements is governed by the applicable service agreement.

12. Governing Law

These terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Santa Clara County, California.

13. Changes to These Terms

We may update these terms from time to time. The "last updated" date at the top of this page reflects the most recent revision. Continued use of the site after changes are posted constitutes acceptance of the revised terms.

14. Contact

Questions about these terms? Reach us at info@afocalsolutions.com.