Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") govern your access to and use of the website located at mayhemshield.com and related pre-engagement interactions (collectively, the "Site") operated by Mayhem Shield LLC ("Mayhem Shield," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

You represent that you have the legal capacity to enter into these Terms and, if you are using the Site on behalf of an organization, that you have authority to bind that organization.

2. Legal entity

The Site and related marketing materials are operated by Mayhem Shield LLC. References to "Mayhem Shield" include our affiliates and personnel acting on our behalf where applicable.

3. Description of the Site

The Site provides general information about Mayhem Shield professional services, frameworks, methodologies, and pricing guidance. Content is provided for informational purposes and does not constitute an offer capable of acceptance through browsing alone.

We may change, suspend, or discontinue any part of the Site at any time, with or without notice, subject to applicable law.

4. No client engagement created

Submitting a contact form, sending an email, booking a discovery call, or requesting information through the Site does not create a client relationship, fiduciary relationship, or binding contract for professional services.

A client engagement is formed only when both parties execute a written agreement acceptable to Mayhem Shield (for example, a master services agreement and statement of work, or equivalent signed order form).

5. Intellectual property

The Site and its content, including text, graphics, logos, layout, compilation, and selection of materials, are owned by Mayhem Shield or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your internal business purposes. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Site or its content except as expressly permitted in writing.

Certain framework materials may be made available under separate open source or public licenses (for example, the Mayhem Shield Framework on GitHub). Use of those materials is governed solely by the applicable license posted with them, not by these Terms.

6. Confidentiality of your inquiries

Information you submit through the Site will be handled in accordance with our Privacy Policy. We treat commercial inquiries as business-sensitive and limit internal access to personnel who need the information to respond or scope services.

These Terms do not impose confidentiality obligations on you. Mutual confidentiality obligations, if any, are established under a separate non-disclosure agreement or engagement agreement.

7. Acceptable use

You agree not to:

• Use the Site in violation of law or third-party rights
• Attempt to gain unauthorized access to our systems, accounts, or networks
• Introduce malware, overload infrastructure, or interfere with proper operation of the Site
• Scrape, harvest, or automate access to the Site in a manner that impairs performance or circumvents technical controls
• Misrepresent your identity or affiliation when contacting us

We may suspend or terminate access for violations of this section.

8. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Information on the Site is not legal, regulatory, audit, or security advice. You are responsible for your own compliance decisions and for engaging qualified professionals where appropriate.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAYHEM SHIELD, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID MAYHEM SHIELD FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, IF ANY.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

For clarity, these limitations apply to claims arising from or related to the Site, marketing materials, and pre-engagement communications. Different liability caps, remedies, or insurance requirements may apply under a signed Engagement Agreement for paid professional services, and those terms control for services performed under that agreement.

10. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Mayhem Shield and its affiliates and personnel from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your misuse of the Site, your violation of these Terms, or your violation of third-party rights, except to the extent caused by our gross negligence or willful misconduct.

11. Third-party links and services

The Site may reference or link to third-party websites, tools, or services (including scheduling providers and code repositories). We do not control third parties and are not responsible for their content, practices, or availability. Your use of third-party services is at your own risk and subject to their terms and policies.

12. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles that would require application of another jurisdiction's laws.

Subject to Section 13, you and Mayhem Shield agree that exclusive jurisdiction and venue for disputes arising out of or relating to these Terms or the Site will lie in the state and federal courts located in Delaware, and you consent to personal jurisdiction there.

13. Dispute resolution; informal resolution first

Before filing a claim, you agree to contact us at info@mayhemshield.com to attempt to resolve the dispute informally for at least thirty (30) days. Either party may seek equitable relief in court for misappropriation of intellectual property or unauthorized access without first completing this step.

If informal resolution fails, either party may pursue remedies in the courts described in Section 12, unless a separate signed agreement between you and Mayhem Shield provides for arbitration or another mechanism.

14. Supremacy of engagement agreements

If you enter into a services agreement, statement of work, or other written engagement document with Mayhem Shield ("Engagement Agreement"), the Engagement Agreement controls with respect to the services performed under it, including deliverables, fees, confidentiality, liability caps specific to those services, and intellectual property allocation for work product.

If there is a conflict between these Terms and an Engagement Agreement, the Engagement Agreement prevails solely with respect to the subject matter of the engagement; these Terms continue to govern use of the Site except where expressly superseded.

Work product, methodologies, and deliverables created specifically for a client under an Engagement Agreement are allocated as stated in that agreement. Open materials published under separate licenses remain subject to their posted license terms.

15. Changes to these Terms

We may modify these Terms at any time by posting the updated Terms on the Site and updating the "Last updated" date. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Site. Material changes may require additional notice where required by law.

16. General provisions

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mayhem Shield regarding the Site and supersede prior oral or written understandings on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Failure to enforce any right or provision is not a waiver of future enforcement.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Contact. Questions about these Terms: info@mayhemshield.com.