Terms & Conditions

Effective Date: August 1, 2025

Welcome to Nubesti LLC (“we,” “our,” “us,” or “Company”). These Terms and Conditions (“Terms”) govern your access to and use of our website, AI-powered cybersecurity services, and related products and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific Services. These Terms constitute a legally binding agreement between you and Nubesti LLC, a Delaware Limited Liability Company.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2.2 Account Registration

To access certain Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your login credentials confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

2.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in activities that may harm our Services or other users.

3. Description of Services

Nubesti LLC provides AI-powered cybersecurity services, including but not limited to:

• Autonomous AI red team operations
• Vulnerability assessment and penetration testing
• Security posture evaluation
• Threat simulation and analysis
• Cybersecurity consultation and reporting

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

4.1 Prohibited Activities

• Use our Services for any illegal, harmful, or unauthorized purpose
• Attempt to gain unauthorized access to our systems or third-party systems without proper authorization
• Use our Services to attack, harm, or compromise any systems not explicitly authorized for testing
• Interfere with or disrupt our Services or servers
• Violate any applicable laws, regulations, or third-party rights
• Reverse engineer, decompile, or disassemble our software or services
• Share, sell, or redistribute our Services without authorization

4.2 Client Responsibilities

When using our cybersecurity services, you represent and warrant that:

• You have proper authorization to test the systems and networks specified
• You will comply with all applicable laws and regulations
• You will not use our services to test systems you do not own or have explicit permission to test
• You will implement appropriate safeguards to protect sensitive data during testing

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to software, algorithms, text, graphics, logos, and designs, are owned by Nubesti LLC or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

5.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your internal business purposes.

5.3 Client Data and Reports

You retain ownership of your data provided to us. We grant ourselves a license to use your data solely to provide Services to you. You own the reports and findings we generate for you, subject to our intellectual property rights in our methodologies and tools.

6. Payment Terms

6.1 Pricing and Fees

Pricing for our Services is set forth in our proposals, order forms, or pricing pages. All fees are non-refundable unless expressly stated otherwise.

6.2 Payment Processing

You agree to pay all fees using a valid payment method. You authorize us to charge your payment method for all fees incurred.

6.3 Late Payments

Late payments may result in suspension of Services and may incur additional fees as permitted by law.

6.4 Taxes

You are responsible for all applicable taxes, duties, and government fees.

7. Confidentiality and Data Protection

7.1 Confidential Information

Each party acknowledges that it may receive confidential information from the other party. Both parties agree to maintain the confidentiality of such information and use it solely for the purposes of these Terms.

7.2 Data Protection

We will process your personal data in accordance with our Privacy Policy and applicable data protection laws, including GDPR, Delaware state law, and Colombian data protection regulations.

7.3 Security Measures

We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security.

8. Disclaimers and Warranties

8.1 Services Disclaimer

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Results

While we use industry best practices, we do not guarantee that our Services will identify all vulnerabilities or security issues in your systems.

8.3 Third-Party Services

We may use third-party services or tools. We disclaim any warranties or representations regarding such third-party services.

9. Limitation of Liability

9.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUBESTI LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

9.2 Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nubesti LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any unauthorized testing conducted using our Services

11. Privacy and Data Processing

Our collection, use, and processing of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

12. Termination

12.1 Termination by Either Party

Either party may terminate these Terms or any Service agreement with written notice.

12.2 Termination for Cause

We may immediately terminate or suspend your access to our Services if you breach these Terms.

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. We may delete your data in accordance with our Privacy Policy and data retention policies.

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes arising out of or relating to these Terms shall be resolved in the state or federal courts located in Delaware, USA. You consent to the personal jurisdiction of such courts.

13.3 International Users

If you are accessing our Services from outside the United States, you acknowledge that your information may be transferred to, stored, and processed in the United States.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations.

14.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

16. Compliance with Laws

16.1 General Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of our Services.

16.2 Export Control

Our Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export control laws.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and Nubesti LLC regarding the Services.

19. Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by other appropriate means. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

20. Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law provisions.

21. Contact Information

If you have any questions about these Terms, please contact us:

Nubesti LLC
Address: 1111B S Governors Ave STE 23840, Dover, DE 19904, USA
Email: legal@nubesti.com
Phone: +57 320 545 1915

Legal Department:
Email: legal@nubesti.com

These Terms are effective as of the date first written above and supersede all prior agreements, understandings, and communications regarding the subject matter herein.

Thank you for choosing Nubesti LLC for your cybersecurity needs.