T&Cs 1k offer

Summary of Terms for Security Services Offer

This summary provides a high-level overview of key terms for NDay Security services. It does not replace the full Terms & Conditions or Master Terms & Conditions.

What's Included

  • Access to the Blackbox Application
  • Coverage for Blackbox up to 50 IPs
  • External-facing testing and coverage only (by default)

External vs. Internal Use

  • External use is included
  • Internal deployment is available for an additional cost
  • Internal use requires written approval and an upgraded license

Testing & Coverage Options

Option 1: Two Pre-Purchased Annual Tests

  • Two (2) tests allocated for calendar years 2027 and 2028
  • $6,000 USD per test

Option 2: Continuous Coverage Conversion

  • Convert to continuous coverage for one year starting in 2026
  • $12,000 USD total

Payment & Scoping Deadlines

  • Payment, final scope, and any exclusions must be submitted by the deadline specified in your service agreement
  • Late submissions may delay testing or reporting

Reporting Timeline

  • Final reports are typically available by Friday at 12:00 PM (noon) EST
  • Timing assumes all requirements were submitted on time

Geographic & Compliance Restrictions

  • Services are not available in ITAR-restricted or sanctioned countries
  • Customers are responsible for ensuring compliance with export laws

Audit & Compliance

  • Usage may be reviewed to confirm compliance with licensed scope
  • Unauthorized use may require additional fees or license upgrades

Master Terms & Conditions

Use of the services means you agree to:

Terms and Conditions

1. Governing Terms & Conditions

These Terms and Conditions ("T&Cs") govern all access to and use of the services, products, testing, and coverage described herein.

In the event of any conflict between these T&Cs and any other agreement, proposal, statement of work, purchase order, or communication, these T&Cs shall control, unless expressly overridden by a written agreement signed by both parties.

2. Scope of Coverage

The default scope of this agreement is external use only.

Internal deployment is not permitted unless separately purchased, approved in writing, and subject to additional fees, defined scope, and applicable restrictions.

No redistribution, sublicensing, resale, derivative works, reverse engineering, benchmarking, or non-approved deployment is permitted.

3. Licensed Products and Services

3.1 Blackbox Application

Access to the Blackbox Application is granted solely for external-facing use, unless internal deployment rights have been explicitly purchased and authorized in writing.

3.2 Blackbox 50 IP

Coverage includes Blackbox 50 IP, limited strictly to external-facing assets.

Any internal use, internal testing, replication, modification, or reuse without written authorization and payment constitutes unauthorized use.

4. Pre-Purchased Testing and Coverage Options

4.1 Additional Yearly Tests (2027–2028)

Two (2) pre-purchased yearly tests are allocated for calendar years 2027 and 2028 at a cost of $6,000 USD per test.

4.2 Conversion Option – Continuous Coverage (2026)

In lieu of the additional yearly tests, the client may elect to convert the pre-purchased testing into continuous coverage for calendar year 2026 at a total cost of $12,000 USD, provided the election is made in writing prior to the applicable coverage start date.

5. Payment, Scoping, and Exclusions

5.1 Submission Deadline

All payment confirmation, finalized scope details, and any notes regarding exclusions must be submitted by the deadline specified in your service agreement.

Late or incomplete submissions may result in delayed execution, delayed reporting, rescoping, rescheduling, or additional fees.

5.2 Exclusions

All exclusions must be explicitly documented by the submission deadline.

Any systems, endpoints, environments, IP ranges, or components not expressly excluded will be deemed in scope by default, unless otherwise agreed to in writing.

6. Reporting Timeline

6.1 Report Availability

Final reports will be made available no later than Friday at 12:00 PM (noon) Eastern Standard Time (EST) following completion of the applicable testing period, provided all payment, scoping, and exclusion requirements were met on time.

Delays in submission or payment may impact report delivery timelines.

7. Export Control and ITAR Restrictions

7.1 Restricted Jurisdictions

The services, products, software, testing, and coverage provided under these T&Cs are not available for use, access, deployment, testing, or benefit in ITAR-restricted countries, or in any country or region subject to U.S. export controls, sanctions, or embargoes.

7.2 Client Representation

The client represents and warrants that it:

  • Is not located in, operating from, or controlled by any ITAR-restricted or sanctioned country or entity
  • Will not permit access by any person, system, or entity located in such jurisdictions
  • Will comply with all applicable export control and sanctions laws

7.3 Remedies

Any violation of this section constitutes a material breach and may result in immediate suspension or termination without refund, in addition to any other remedies available under law.

8. Audit Rights and Compliance

8.1 Audit Rights

NDay reserves the right to audit usage, deployment scope, geographic access, and compliance with these T&Cs to verify adherence to licensed use and restrictions.

Audits may include written certifications, technical verification, access reviews, IP or geolocation review, or reasonable documentation requests.

8.2 Audit Triggers

Audits may be initiated upon reasonable suspicion of:

  • Unauthorized internal deployment
  • Use beyond licensed scope
  • Use in restricted jurisdictions
  • Misrepresentation of exclusions

8.3 Audit Cooperation

The client agrees to cooperate fully with any audit. Failure to cooperate constitutes a material breach.

8.4 Remedies

If an audit reveals unauthorized use, NDay may:

  • Require payment of retroactive fees
  • Require purchase of appropriate licenses
  • Suspend or terminate access immediately
  • Pursue additional remedies as permitted by law

Audit rights survive termination of these T&Cs.

9. Limitations and Restrictions

  • Rights are strictly limited to those expressly granted
  • External use only unless internal deployment has been purchased
  • Use in ITAR-restricted or sanctioned jurisdictions is prohibited
  • No implied licenses, ownership rights, or intellectual property rights are granted

10. Term and Termination

These T&Cs remain in effect for the duration of the applicable testing or coverage period unless terminated earlier for breach or by mutual written agreement.

Termination does not relieve payment obligations incurred prior to termination.

11. Acceptance and Master Terms

By accessing, using, purchasing, deploying, or otherwise benefiting from any services, products, testing, or coverage described herein, the client expressly acknowledges and agrees to be bound by:

  1. These Terms and Conditions; and
  2. NDay's Master Terms & Conditions, available at:
    https://ndaysecurity.com/pages/policies

The Master Terms & Conditions are incorporated by reference and form an integral part of this agreement.

In the event of any conflict:

  • These T&Cs govern scope, pricing, coverage, and delivery
  • The Master Terms & Conditions govern general legal, commercial, compliance, and policy matters, unless expressly stated otherwise in writing

Continued use of the services constitutes ongoing acceptance of both sets of terms.

12. Payment Method, Partner Use, and Eligibility

12.1 Direct Payment Requirement

These T&Cs apply only to customers making direct payment to NDay or to an authorized NDay partner.

Authorized partners may invoice customers directly only where explicitly approved by NDay, and only for offerings expressly designated as partner-eligible.

12.2 Partner Fulfillment and Responsibility

Where services are sold or invoiced through an authorized NDay partner:

  • NDay remains the provider of the underlying services and intellectual property
  • The partner acts solely as a commercial reseller or fulfillment intermediary
  • All usage, scope, compliance, audit, and restriction obligations remain fully enforceable against the customer

NDay reserves the right to suspend or revoke partner authorization at its discretion.

12.3 Exclusion of Contract Vehicles

Customers procuring services through contract vehicles, including but not limited to:

  • Government or public-sector contract vehicles
  • Framework agreements, schedules, or catalogs
  • Master purchasing vehicles or reseller frameworks not expressly approved by NDay

are expressly excluded from coverage under these T&Cs unless separately agreed to in writing.

Such customers are governed exclusively by the terms of their applicable contract vehicle.

12.4 No Implied Eligibility

Payment, access, or use of services does not imply eligibility under these T&Cs if procurement is made through an excluded contract vehicle or unauthorized partner.

NDay reserves the right to deny service, suspend access, or require re-contracting where eligibility requirements are not met.