Summary: These Terms govern your relationship with Protection Associates LLC ("we," "our," "Company") when you visit our website at protection-assocs.com or engage any of our cybersecurity services. Questions? Email legal@protection-assocs.com.
01 Acceptance of Terms
By accessing or using the Protection Associates website (the "Site"), requesting a proposal, or signing a Statement of Work or Service Agreement (collectively, the "Agreement"), you ("Client" or "User") agree to these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you must not access the Site or engage our services.
02 Description of Services
Protection Associates LLC provides enterprise cybersecurity services including, but not limited to:
- Managed Security Services & 24/7 SOC monitoring
- Threat detection, intelligence, and incident response
- Network security architecture and management
- Cloud security posture management
- Endpoint detection and response (EDR/XDR)
- Compliance advisory, risk assessment, and audit support (SOC 2, HIPAA, PCI-DSS, GDPR, NIST, ISO 27001)
- Penetration testing and vulnerability assessments
- Security awareness training
Specific services, deliverables, timelines, and pricing for each engagement are set forth in a separate Statement of Work ("SOW") or Service Order. In the event of a conflict between these Terms and a fully executed SOW, the SOW controls for that engagement.
03 Eligibility
Our services are intended solely for business entities and individuals acting in a commercial or professional capacity. You must be at least 18 years of age and have the legal authority to enter into binding contracts under applicable law. We do not knowingly provide services to consumers for personal, household, or family purposes.
04 Accounts & Access Credentials
4.1 Client Portal
Certain services are delivered through a client portal or secure dashboard. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You must notify us immediately at security@protection-assocs.com if you suspect unauthorized access.
4.2 Access Grant to Client Systems
To deliver managed services, you may grant Protection Associates limited, role-based access to your IT environment. You represent and warrant that you have the authority to grant such access, that the access is lawful, and that it does not violate any third-party agreement. We will access your systems only to the extent necessary to perform contracted services.
4.3 Third-Party Integrations
Where services require integration with third-party platforms (e.g., cloud providers, SIEMs, identity providers), you are responsible for obtaining any required licenses or consents from those platforms. Protection Associates is not liable for third-party platform outages, policy changes, or access revocations.
05 Acceptable Use Policy
You agree not to use the Site or our services to:
- Conduct unauthorized access, penetration testing, or scanning of networks or systems not covered by an executed SOW
- Upload, transmit, or introduce malicious code, viruses, or harmful software
- Violate any applicable federal, state, or local law or regulation
- Engage in fraud, misrepresentation, or identity theft
- Reverse engineer, decompile, or disassemble any technology, tool, or platform provided by Protection Associates
- Resell, sublicense, or redistribute our services without prior written consent
- Interfere with the integrity, performance, or availability of the Site or our infrastructure
Zero Tolerance: Any use of our tools, platforms, or access credentials for unauthorized offensive security activities against third parties — whether or not those parties are your customers — is strictly prohibited and may result in immediate termination and referral to law enforcement.
06 Intellectual Property
6.1 Our IP
All content on the Site — including text, graphics, logos, icons, images, software, methodologies, playbooks, and security frameworks developed by Protection Associates — is owned by or licensed to Protection Associates LLC and protected under U.S. and international intellectual property laws. No part of the Site or its content may be reproduced, distributed, or transmitted in any form without our prior written permission.
6.2 Deliverables
Unless explicitly stated otherwise in a signed SOW, work product created specifically for you under an engagement (e.g., custom security policies, architecture diagrams, assessment reports) becomes your property upon full payment. Protection Associates retains a perpetual, royalty-free license to use anonymized versions of such work product for internal training, methodology development, and marketing purposes, provided it contains no Client-identifying information.
6.3 Feedback
Any suggestions, ideas, or feedback you provide regarding our services may be used by Protection Associates without restriction or compensation.
07 Confidentiality
Both parties acknowledge that in the course of the engagement they may receive Confidential Information of the other party. Each party agrees to: (a) hold Confidential Information in strict confidence; (b) not disclose it to any third party without prior written consent; and (c) use it solely to perform obligations under the Agreement. These obligations survive termination of the Agreement for a period of five (5) years, except for trade secrets, which remain protected indefinitely.
Confidential Information does not include information that: (i) is or becomes publicly known through no breach of these Terms; (ii) is independently developed without use of Confidential Information; (iii) is lawfully obtained from a third party without restriction; or (iv) must be disclosed by law or court order, provided the disclosing party gives prompt written notice where permitted.
Note: Protection Associates operates under a mutual NDA framework. Clients may request a standalone NDA before sharing sensitive technical information during the proposal phase. Contact legal@protection-assocs.com.
08 Fees & Payment
8.1 Pricing
All fees are set forth in the applicable SOW or Service Order. Unless otherwise agreed in writing, fees are quoted in U.S. Dollars and are exclusive of applicable taxes.
8.2 Invoicing & Payment Terms
Invoices are due within net 30 days of the invoice date unless otherwise specified. Managed services are billed monthly in advance. Project-based engagements may require a deposit at signing (typically 25–50% of total project fees).
8.3 Late Payments
Overdue invoices accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by Colorado law, whichever is lower. Protection Associates reserves the right to suspend services on accounts more than 15 days past due after providing written notice.
8.4 Taxes
Client is responsible for all applicable sales, use, excise, VAT, or similar taxes arising from the services, excluding taxes on Protection Associates' net income.
8.5 Expenses
Pre-approved out-of-pocket expenses (travel, accommodation, third-party tool licenses required for the engagement) are billed at cost plus a 10% administrative fee unless the SOW specifies otherwise.
09 Disclaimer of Warranties
Important: The following disclaimers are a standard part of professional cybersecurity service agreements and reflect the inherent nature of information security work.
THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
Protection Associates does not warrant that: (a) the services will prevent all security incidents or data breaches; (b) any security assessment will identify every vulnerability; (c) the Site will be available at all times without interruption; or (d) any compliance advisory will guarantee regulatory approval. Cybersecurity is an evolving field — no provider can guarantee absolute security.
10 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROTECTION ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, business, or goodwill
- Damages arising from a third-party cyberattack, data breach, or ransomware event
- Damages arising from unauthorized access to Client systems by a threat actor not caused directly by our gross negligence or willful misconduct
IN ANY EVENT, PROTECTION ASSOCIATES' AGGREGATE LIABILITY TO CLIENT ARISING OUT OF OR RELATED TO THE AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11 Indemnification
Client agrees to indemnify, defend, and hold harmless Protection Associates and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Client's breach of these Terms or any SOW
- Client's use of the services in violation of applicable law
- Client's infringement of any third-party intellectual property right
- Any data or content provided by Client that infringes a third-party right or violates applicable law
- Client's failure to obtain required authorizations before granting access to third-party systems
Protection Associates will provide prompt written notice of any claim and may assume its own defense at its own expense.
12 Term & Termination
12.1 Term
These Terms remain in effect as long as you access the Site or have an active service engagement. Individual engagements are governed by the term specified in the SOW.
12.2 Termination for Convenience
Either party may terminate a managed service subscription with 30 days' written notice. Project-based engagements may be terminated by Client for convenience subject to payment for all work completed through the termination date plus a cancellation fee of up to 20% of remaining contract value.
12.3 Termination for Cause
Either party may terminate the Agreement immediately upon written notice if the other party: (a) materially breaches the Agreement and fails to cure within 15 days of notice; (b) becomes insolvent, makes an assignment for the benefit of creditors, or files for bankruptcy; or (c) violates applicable law in connection with the Agreement.
12.4 Effect of Termination
Upon termination: (a) Client's access to portals and managed services will be deactivated; (b) each party shall promptly return or destroy the other's Confidential Information upon request; (c) all outstanding fees become immediately due and payable; (d) sections 6, 7, 10, 11, 13, and 14 survive termination.
13 Dispute Resolution
13.1 Informal Resolution
Before initiating formal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for at least 30 days after written notice of the dispute is delivered to the other party.
13.2 Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or any SOW shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), with a single arbitrator, conducted in El Paso County, Colorado. Judgment on the arbitration award may be entered in any court having jurisdiction.
13.3 Class Action Waiver
Each party waives its right to participate as a plaintiff or class member in any class action, collective action, or representative proceeding against the other party.
13.4 Exceptions
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including misappropriation of trade secrets or intellectual property.
14 Governing Law
These Terms and any related Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-law provisions. Subject to the arbitration clause above, the parties consent to exclusive jurisdiction in the state and federal courts located in El Paso County, Colorado.
15 Changes to Terms
Protection Associates reserves the right to modify these Terms at any time. We will provide at least 15 days' notice before material changes take effect — by posting the updated Terms on the Site and updating the "Last Updated" date above, and (for active clients) sending written notice to the email on file. Your continued use of the Site or services after the effective date constitutes acceptance of the revised Terms.
For active managed service clients, if a change materially and adversely affects your rights, you may terminate your subscription without a cancellation fee by providing written notice within 15 days of receiving notice of the change.
16 Contact
For legal inquiries, contract questions, or to exercise any rights under these Terms, contact:
Protection Associates LLC
121 S Tejon Street, Suite 900
Colorado Springs, CO 80903
- Legal: legal@protection-assocs.com
- Phone: 1-800-555-1234
- Online: protection-assocs.com/contact