Terms of Service
These Terms are an agreement between you and Avicado Tech ("we", "us"), based in Oceanside, California. They apply when you use avicadotech.com, request our free security assessment, or request or buy our services. If you accept them on behalf of a company, you confirm you're authorized to bind that company, and "you" means the company. Please also read our Privacy Policy.
You must be at least 18 years old, and legally able to enter into a binding contract, to request an assessment, request a quote, or buy our services. By accepting these Terms, you confirm that you are.
Part A: Website and free security assessment
1. The free security assessment
- What it is. An automated review of information about your organization's domain that is publicly visible on the internet (such as email-security DNS records, your website's encryption and security settings, and domain-registration data), combined with your answers to our online questionnaire. We do not log in to, attack, or test your systems for weaknesses as part of it.
- Your authorization. By requesting an assessment, you confirm that you work for, or are authorized to act on behalf of, the organization that owns the domain of the email address you provide. Don't request assessments for organizations you aren't authorized to represent.
- Informational only. Snapshots and reports are generated automatically, reflect a single point in time, and may contain errors or omissions. They are not a penetration test, an audit, a certification, or legal or compliance advice, and they don't guarantee that your systems are secure or free of vulnerabilities.
- Your answers. Reports rely on the questionnaire answers you give. We don't verify them, and we aren't responsible for results based on inaccurate or incomplete answers.
- Our discretion. We may decline, limit or stop providing free assessments at any time.
2. No professional relationship until we agree in writing
Using the website, receiving a free assessment, or requesting a quote doesn't create a client relationship or any obligation for either of us. A client relationship begins only when we confirm a scope and price in writing and you accept it, usually by signing our Service Agreement online (or by accepting a quote by email or paying an invoice).
3. Using the website
Don't misuse the website: no false information, automated or bulk submissions, attempts to probe, disrupt or gain unauthorized access to our systems, or use of our forms to contact or harass others. We may block access that breaks these rules.
4. Content and reports
The website, our reports and their templates and content are owned by Avicado Tech. You may use, copy and share your own report within your organization and with your advisors (such as your insurer or IT provider). You may not resell our reports or republish them as your own work.
Part B: Services and fix-it packages
5. Quotes, scope and prices
- Each package or project covers the scope described in your signed Service Agreement, or in our written quote or confirmation. Work outside that scope is quoted separately before we do it.
- Prices shown on the website or in reports are estimates until we confirm them in writing for your organization. Confirmed quotes and agreements sent for signature are valid for 30 days unless they say otherwise.
- Third-party costs, such as software licenses, backup storage, hardware and shipping, are extra unless the quote says otherwise.
6. Payment
Payment terms are stated on your quote or invoice. We may pause work while a payment is overdue. Monthly services are billed in advance and continue month to month until cancelled.
7. Your responsibilities
- Give us accurate information and timely access to the systems, accounts and people we need, and share passwords only through the secure method we provide.
- Make sure you own or have the right to let us work on every system you ask us to work on.
- Keep your own backups of important data before we make changes, unless backups are part of the work we're doing for you.
- Keep the software licenses and subscriptions your setup depends on active.
8. Security testing needs written permission
We only perform active security testing, such as vulnerability scanning or penetration testing, after you authorize it in writing for specific systems and dates, for example in the security testing section of a signed Service Agreement. You confirm you have the authority to give that permission.
9. Third-party products
Products and services from other companies (for example antivirus/EDR, password managers, Microsoft 365, Google Workspace, firewalls and backup services) are governed by those companies' terms. We aren't responsible for their outages, changes, defects or pricing.
10. No security guarantee
Our work reduces risk, but no system can be made completely secure. We don't guarantee that our work will prevent every security incident, data loss or breach.
11. Our workmanship promise
We'll perform our services in a professional and workmanlike manner. If something we delivered doesn't match the agreed scope, tell us within 30 days and we'll correct it at no charge. That correction is your sole remedy for defective work. Otherwise, to the extent the law allows, our services and the website are provided "as is", without other warranties of any kind, express or implied.
12. Cancellations and refunds
- If you cancel a package before work begins, we refund what you paid, minus any non-refundable third-party costs already incurred.
- If you cancel after work begins, you pay for the work completed and costs incurred up to that point.
- Monthly services can be cancelled with 30 days' notice by email.
13. Confidentiality
We keep confidential the non-public information you share with us, including details of your systems and security, and use it only to provide our services, except where the law requires disclosure. Please keep our non-public pricing and proposals confidential as well.
Part C: General
14. Limitation of liability
To the fullest extent permitted by law: (a) we aren't liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, even if we were told they were possible; and (b) our total liability for any claim relating to these Terms, the website or our services is limited to the amount you paid us for the specific service the claim relates to during the 12 months before the claim, or $100 if the claim relates to the free assessment or the website. These limits don't apply where the law doesn't allow them, such as liability for fraud, willful misconduct or gross negligence.
15. Indemnity
You agree to cover our reasonable losses and costs (including legal fees) from third-party claims that arise from information you provide us, systems you ask us to work on that you don't have the right to authorize, or your misuse of the website or our reports.
16. Disputes and governing law
If there's a problem, contact us first: we'll try in good faith to resolve it within 30 days. These Terms are governed by the laws of the State of California, and any dispute will be handled in the state or federal courts located in San Diego County, California.
17. Electronic agreements and signatures
You agree that we may provide agreements, notices and records electronically, and that signing our Service Agreement electronically (by typing your name and confirming) is as binding as a handwritten signature. You can ask us for a paper copy of any agreement you signed, at no charge.
18. Changes and other terms
We may update these Terms by posting a new version on this page with a new effective date. The version you accepted applies to requests you made under it, and the version in effect when you request a new service applies to that service. If any part of these Terms is unenforceable, the rest still applies. Together with any signed Service Agreement, written quote or invoice, these Terms are the entire agreement between us on their subject. If a signed Service Agreement conflicts with these Terms, the Service Agreement controls. Our not enforcing a term isn't a waiver of it.
19. Contact
Avicado Tech
4126 Thomas Street, Oceanside, CA 92056
support@avicadotech.com