Terms of Service

Template Notice, Review by Qualified Legal Counsel

This Terms of Service is a general template provided as a starting point for the Dark Analytics marketing website. It has not been drafted for, or tailored to, any specific transaction, jurisdiction, or set of facts, and it should not be relied upon as final legal language until it has been reviewed and adapted by qualified legal counsel licensed in your jurisdiction.

Dark Analytics serves hospitals, clinics, and other healthcare organizations whose obligations are shaped by the HIPAA Security Rule, HHS Office for Civil Rights (OCR) enforcement, state privacy and data-breach laws, and contractual commitments to patients and payers. Website terms cannot anticipate every one of those obligations, and nothing here modifies them.

Until counsel has reviewed and approved this document, treat the bracketed items and the disclaimers below as provisional. If anything in these terms conflicts with a signed agreement between you and Dark Analytics, the signed agreement controls.

• This is website terms of use, not a contract for security or consulting services.
• Have licensed legal counsel review and adapt before relying on it.
• A signed services agreement, where one exists, always supersedes these terms.

Acceptance of These Terms

By accessing or using the Dark Analytics website (the "Site"), you agree to be bound by these Terms of Service and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site.

You may be using the Site on behalf of a hospital, clinic, health system, or other organization. If so, you represent that you are authorized to accept these terms on that organization's behalf, and "you" refers to both you and that organization.

We may update these terms from time to time. Your continued use of the Site after an updated version is posted means you accept the changes. See "Changes to These Terms" below.

Permitted Use of the Site

The Site is provided for general informational and business purposes, to learn about Dark Analytics and our work in medical device and IoMT security, HIPAA Security Rule readiness, penetration testing, incident response, security risk assessments, and vCISO advisory services, and to contact us.

Use the Site lawfully and in no way that could damage, disable, or impair it, or interfere with anyone else's use of it. The Site is a public marketing property. Do not use it to transmit protected health information (ePHI), credentials, or other sensitive data; the contact form and general email are not secure channels for that purpose.

• Do not attempt to gain unauthorized access to the Site, its servers, or connected systems.
• Do not probe, scan, or test the vulnerability of the Site without our prior written authorization, even though we are a security firm, unsolicited testing of this property is not invited.
• Do not scrape, harvest, or systematically extract content except as permitted by our robots directives or with written consent.
• Do not introduce malware, launch denial-of-service activity, or impersonate Dark Analytics or any other person.
• Do not submit ePHI, patient data, or live credentials through public forms or email.

Intellectual Property

The Site and its contents, text, graphics, logos, the Dark Analytics name and marks, page design, and the selection and arrangement of materials, are owned by Dark Analytics or its licensors and are protected by copyright, trademark, and other laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for your own internal evaluation and business purposes. You may not copy, reproduce, republish, distribute, modify, or create derivative works from Site content for commercial purposes without our prior written permission.

You may share links to our pages and quote brief excerpts with attribution to Dark Analytics. All rights not expressly granted are reserved.

Website Content Is General Information, Not Advice

Everything on this Site is provided for general informational purposes only. It is not security advice, legal advice, regulatory or compliance advice, or medical advice, and it is not a substitute for engaging qualified professionals to assess your specific environment.

Cybersecurity and HIPAA compliance depend heavily on the particular facts of each organization, its devices, network architecture, clinical workflows, vendors, and risk posture. General guidance on the Site cannot account for those specifics. References we make to frameworks and authorities such as the HIPAA Security Rule, NIST (including SP 800-66, SP 800-30, and the Cybersecurity Framework), HHS OCR guidance, IoMT, DICOM, and HL7 are provided for context, not as a determination that any approach is appropriate for you.

Using the Site, reading our content, or contacting us does not create a client, consulting, advisory, or service relationship, and it does not create any duty on our part. No engagement exists unless and until both parties sign a written agreement describing the scope of work. Nothing on the Site is a promise, guarantee, or warranty of any particular security outcome, regulatory result, or protection against breach, intrusion, ransomware, or data loss. Security reduces risk; it does not eliminate it.

• Informational only, not security, legal, compliance, or medical advice.
• No engagement is created by browsing the Site or contacting us.
• No guarantee of any security or compliance outcome is made or implied.

Third-Party Links and Resources

The Site may link to third-party websites, tools, standards, or resources, for example, HHS, OCR, NIST, or vendor documentation, for your convenience. We do not control those sites and are not responsible for their content, accuracy, availability, security, or privacy practices.

A link does not imply endorsement, partnership, or any relationship with the linked party. When you leave the Site, the terms and privacy policies of the destination apply, and you access those resources at your own risk. We encourage you to review them independently.

Disclaimer of Warranties

The Site and all content on it are provided "as is" and "as available, " without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Dark Analytics disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site or its servers are free of viruses or other harmful components. We do not warrant that any information on the Site is accurate, complete, current, or reliable for your situation.

This disclaimer applies only to the Site and its general content. It does not limit or define the obligations in any separate, signed services agreement, which has its own terms, warranties, and remedies.

Limitation of Liability

To the fullest extent permitted by law, Dark Analytics and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to your access to or use of (or inability to use) the Site, even if we have been advised of the possibility of such damages.

To the extent any liability cannot be fully disclaimed, our total aggregate liability arising out of or relating to the Site and these terms will not exceed one hundred U.S. dollars (US $100.00).

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you. Nothing here limits liability that cannot be limited under applicable law. Liability arising from any separate, signed services engagement is governed exclusively by that engagement's own terms, not by this section.

Indemnification

You agree to indemnify and hold harmless Dark Analytics and its owners, employees, and contractors from any claims, damages, losses, and reasonable expenses (including reasonable attorneys' fees) arising out of your misuse of the Site, your violation of these terms, or your violation of any law or the rights of a third party in connection with your use of the Site.

This obligation is limited to your use of this marketing Site and does not extend to matters governed by a separate, signed services agreement, which sets out its own allocation of risk.

Governing Law

These terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Dark Analytics is based in Tampa Bay, Florida.

You agree that the state and federal courts located in or serving Hillsborough County, Florida have exclusive jurisdiction and venue over any such dispute, and you consent to that jurisdiction.

Changes to These Terms

We may revise these terms at any time by posting an updated version on this page and updating the effective date. Material changes take effect when posted unless we state otherwise.

We encourage you to review this page periodically. Your continued use of the Site after changes are posted constitutes your acceptance of the revised terms. If you do not agree to a change, your remedy is to stop using the Site.

Contact

Questions about these terms can be directed to Dark Analytics. Please do not include protected health information, credentials, or other sensitive data in general correspondence; these are not secure channels.

Email: info@darkanalytics.com | Phone: (727) 800-0329 | Location: Tampa Bay, FL.

• Email: info@darkanalytics.com
• Phone: (727) 800-0329
• Tampa Bay, Florida