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Terms of Service

Last updated: August 3, 2025

Acceptance of Terms

By accessing and using the Protectiv IT Security Inc. ("Protectiv", "we", "our", or "us") services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Description of Service

Protectiv provides cybersecurity solutions and related services designed to protect and enhance the security and performance of web applications, APIs, and online platforms. Our services include, but are not limited to:

  • Web Application and API Protection (WAAP)
  • Content Delivery Network (CDN) Services
  • DDoS Mitigation
  • Bot Management and Threat Intelligence
  • Vulnerability Assessment and Penetration Testing (VAPT)
  • Managed Cybersecurity Services

User Accounts and Registration

To access certain features of our services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

Acceptable Use Policy

You agree not to use our services to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Use our services for any illegal or unauthorized purpose
  • Reverse engineer or attempt to extract source code

Service Level Agreement (SLA) and Credits

Uptime Commitment

Protectiv commits to maintaining 99.99% uptime for our core services during each calendar month. Uptime is calculated as the percentage of time our services are available and operational, excluding scheduled maintenance windows.

SLA Credits

If we fail to meet our uptime commitment, you may be eligible for service credits according to the following schedule:

  • 99.0% to 99.99% uptime: 10% of monthly service fees
  • 95.0% to 98.99% uptime: 25% of monthly service fees
  • Below 95.0% uptime: 50% of monthly service fees

Credit Limitations and Process

SLA credits are subject to the following conditions:

  • Credits must be requested within 30 days of the incident
  • Maximum credit per month cannot exceed 50% of monthly service fees
  • Credits are applied as account credits for future billing cycles
  • Scheduled maintenance and force majeure events are excluded
  • Credits do not apply to issues caused by customer configuration or third-party services

We reserve the right to modify, suspend, or discontinue any part of our services with reasonable notice for scheduled maintenance. Emergency maintenance may be performed without prior notice when necessary to maintain security or service integrity.

Payment Terms

Our services are provided under an Enterprise pricing model. Payment terms include:

  • Fees are based on agreed-upon service levels and scope
  • Payment terms will be specified in your service agreement
  • All fees are non-refundable unless otherwise specified
  • We reserve the right to modify pricing with 30 days notice
  • Failure to pay may result in service suspension or termination

Intellectual Property Rights

All content, features, and functionality of our services are owned by Protectiv IT Security Inc. and are protected by intellectual property laws. You agree not to:

  • Copy, modify, or distribute our proprietary content
  • Use our trademarks or service marks without permission
  • Create derivative works based on our services
  • Remove or alter any proprietary notices

Confidentiality

Both parties acknowledge that they may have access to confidential information. We agree to maintain the confidentiality of your data and information in accordance with our Privacy Policy and applicable data protection laws. You agree to keep confidential any proprietary information about our services, methodologies, and security practices.

Limitation of Liability

To the maximum extent permitted by law, Protectiv IT Security Inc. shall not be liable for:

  • Any indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities
  • Service interruptions or security breaches beyond our control
  • Third-party actions or content
  • Any damages exceeding the amount paid for services in the preceding 12 months

Indemnification

You agree to indemnify and hold harmless Protectiv IT Security Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, violation of these terms, or infringement of any rights of another party.

Contract Duration and Early Termination

Plans under an annual contract are billed monthly, with a 12-month minimum commitment. By subscribing, clients agree to complete the full contract term.

Early Termination

Clients who cancel before the end of the 12-month period will be required to:

  • Pay the remaining unpaid balance, or
  • Incur a termination fee as outlined in the service agreement

Services will remain active through the current billing cycle unless otherwise requested. Cancellations must be submitted in writing and confirmed by Protectiv. Cancellation requests must be submitted in writing at least 30 days prior to the contract expiration date.

General Termination

Either party may terminate this agreement:

  • With 30 days written notice for convenience (subject to contract duration terms above)
  • Immediately for material breach of terms
  • Immediately if the other party becomes insolvent

Protectiv reserves the right to suspend or terminate access for violations of these Terms, non-payment, or abuse of services.

Upon termination, your access to services will cease, and we may delete your data in accordance with our data retention policies.

Governing Law

These terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Quezon City, Philippines.

Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of any changes by posting the new terms on this page and updating the "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms will remain in full force and effect.

Contact Information

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

Protectiv IT Security Inc.

Unit 3F-VIR.91, 3rd Floor Symphony Tower 2

SGT. Esguerra Avenue, South Triangle

Quezon City, Philippines 1103

Email: legal@protectiv.ph