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Terms & Conditions

Effective August 12, 2026Updated August 12, 2026

These Terms & Conditions ("Terms") govern your access to and use of the website located at hexkey.com, including any subdomains, the Hexkey client portal, and any related content, features, or services we make available (collectively, the "Site"). The Site is operated by Hexkey ("Hexkey," "we," "us," or "our").

By accessing or using the Site, you ("you" or "User") agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site.

Relationship to service agreements. Hexkey provides penetration testing, security assessments, and cybersecurity advisory services. Those professional services are provided only under a separate written agreement (for example, a master services agreement, statement of work, engagement letter, or rules-of-engagement document) signed by Hexkey and the client. These Terms govern your use of the Site only. They do not authorize any security testing, do not create any engagement, and do not modify the terms of any separate service agreement. If there is a conflict between these Terms and a signed service agreement regarding the subject matter of that agreement, the signed service agreement controls.

1. Definitions

For the purposes of these Terms:

  • "Content" means all text, graphics, images, logos, designs, reports, documentation, software, code, data, and other materials made available on or through the Site.
  • "Client Portal" or "Portal" means the authenticated area of the Site through which clients may access engagement-related materials, such as findings, reports, and other deliverables.
  • "Account" means a registered account that permits access to the Client Portal.
  • "User Content" means any information or materials you submit to the Site, including through contact forms, enquiry forms, or the Client Portal.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Site. By using the Site, you represent and warrant that you meet these requirements. If you use the Site on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to both you and that organization.

3. The Site and Services

The Site provides information about Hexkey and its services, allows you to contact us, and provides eligible clients with access to the Client Portal. We may change, suspend, or discontinue any part of the Site at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Site or any part of it.

The Content on the public portions of the Site is provided for general informational purposes only. It does not constitute security, legal, compliance, or professional advice, and should not be relied upon as such. Any professional advice or services are provided only under a signed service agreement as described above.

4. Client Portal Accounts

4.1 Registration. Access to the Client Portal is limited to authorized clients and requires an Account. Account access is provisioned by Hexkey, and you agree to provide accurate, current, and complete information in connection with your Account.

4.2 Credentials and security. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You agree to (a) keep your credentials secure and confidential, (b) not share your credentials or allow any unauthorized person to access your Account, and (c) notify us immediately at contact@hexkey.com of any actual or suspected unauthorized use of your Account or any other breach of security.

4.3 Authorized use. The Client Portal may contain sensitive information, including security findings, vulnerabilities, and other confidential materials relating to your organization. You agree to access and use the Portal solely for legitimate business purposes related to your engagement with Hexkey, and only through personnel authorized by your organization.

4.4 Suspension and termination. We may suspend, restrict, or terminate your Account or access to the Client Portal at any time, including where we reasonably believe your Account has been compromised, these Terms have been violated, or the underlying engagement has ended.

5. Acceptable Use

You agree that you will not, and will not permit any third party to:

  • Use the Site in any way that violates any applicable law, regulation, or these Terms;
  • Access, attempt to access, test, scan, or probe any portion of the Site, its infrastructure, or any Hexkey system, network, or account for which you are not expressly authorized, or attempt to circumvent any authentication, access-control, or security measure (any security testing of Hexkey systems requires our prior written authorization);
  • Introduce any malware, virus, or other harmful code, or otherwise interfere with or disrupt the integrity, security, or performance of the Site;
  • Attempt to gain unauthorized access to any account, system, or data;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Site, except to the extent this restriction is prohibited by applicable law;
  • Use any automated means (such as bots, scrapers, or crawlers) to access, collect, or copy Content, except for search-engine indexing consistent with our robots directives;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Collect or harvest information about other users;
  • Use the Site to transmit unsolicited or unauthorized advertising or communications; or
  • Use the Site in any manner that could disable, overburden, damage, or impair it, or interfere with any other party's use of the Site.

We reserve the right to investigate and take appropriate action, including reporting to law enforcement, against anyone who, in our sole discretion, violates this section.

6. Intellectual Property

6.1 Our rights. The Site and its Content are owned by Hexkey or its licensors and are protected by copyright, trademark, and other intellectual-property laws. Except as expressly permitted, you may not copy, reproduce, distribute, republish, download, display, post, modify, or create derivative works from any Content without our prior written consent.

6.2 Limited license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Content for your internal, non-commercial informational purposes (or, for Client Portal materials, for your organization's internal business purposes related to your engagement).

6.3 Trademarks. "Hexkey," the Hexkey logo, and other Hexkey names, marks, and designs are trademarks of Hexkey. You may not use them without our prior written permission. Other names and marks appearing on the Site are the property of their respective owners.

6.4 Deliverables and reports. Ownership of, and rights to use, any reports, findings, or other deliverables made available through the Client Portal are governed by the applicable signed service agreement. Nothing in these Terms grants you any rights to those deliverables beyond what that agreement provides.

6.5 User Content. You retain ownership of any User Content you submit. By submitting User Content, you grant Hexkey a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, and process that User Content solely as necessary to operate the Site, respond to your enquiries, and provide the services you request. You represent that you have all rights necessary to submit your User Content and that it does not infringe or violate the rights of any third party or any applicable law.

7. Confidentiality

Materials made available through the Client Portal are confidential. You agree to maintain the confidentiality of such materials, to use them only for their intended purpose, and not to disclose them to any third party except as permitted by the applicable signed service agreement or as required by law. This section is in addition to, and does not replace, any confidentiality obligations in a separate agreement between you and Hexkey.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Hexkey. We provide these links for convenience only and do not endorse and are not responsible for the content, products, services, or practices of any third party. Your use of third-party websites and services is at your own risk and subject to the terms and policies of those third parties.

9. Privacy

Your use of the Site is subject to our Privacy Policy, which describes how we collect, use, and share personal information. By using the Site, you acknowledge that you have read the Privacy Policy.

10. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by applicable law, Hexkey disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. Any information on the public portions of the Site is provided for general informational purposes only and is not a substitute for professional advice or a formal security assessment. You use the Site and rely on any Content at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEXKEY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEXKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEXKEY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

The limitations in this section do not apply to liability that cannot be excluded or limited under applicable law, and are without prejudice to any separate liability provisions agreed in a signed service agreement, which govern the services provided under that agreement. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Hexkey and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Site, (b) your violation of these Terms, (c) your violation of any applicable law or the rights of any third party, or (d) your User Content. Hexkey reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.

13. Termination

We may suspend or terminate your access to all or part of the Site at any time, with or without cause and with or without notice. Upon termination, your right to use the Site will immediately cease. Sections of these Terms that by their nature should survive termination—including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law—will survive.

14. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the "Last Updated" date above. Material changes will be effective when we post the revised Terms on the Site, and, where required by law, we may provide additional notice. Your continued use of the Site after the revised Terms take effect constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

15. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of and venue in those courts. This section does not deprive you of any mandatory consumer protections available to you under the laws of your place of residence.

16. Dispute Resolution

Before initiating any formal proceeding, you agree to first contact us at contact@hexkey.com and attempt in good faith to resolve the dispute informally. If we are unable to resolve a dispute within sixty (60) days, either party may pursue the remedies available under these Terms. Any claim must be brought within one (1) year after the cause of action arises, except where a longer period is required by applicable law.

17. General

17.1 Entire agreement. These Terms, together with the Privacy Policy and any applicable signed service agreement, constitute the entire agreement between you and Hexkey regarding the Site and supersede any prior agreements on that subject.

17.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

17.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17.5 Force majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control.

17.6 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Hexkey.

17.7 Notices. We may provide notices to you by posting on the Site or by email. You may provide notices to us at the contact details below.

18. Contact Us

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

Hexkey
1000 Brickell Ave, Ste 715
Miami, FL 33131
United States
Email: contact@hexkey.com
Website: hexkey.com