Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of attackcost.com and cyberattackcost.com (each, "the Site"), operated by Avatier Corporation ("Avatier," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Acceptance of Terms

By accessing the Site, using the cyber attack cost calculator, interacting with the AI assistant, downloading PDF reports, or otherwise engaging with any feature of the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a binding legal agreement between you and Avatier Corporation.

If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Description of Service

The Site provides an interactive cyber attack cost calculator that allows visitors to model the potential financial impact of a cybersecurity incident on their organization. The Site includes:

• An interactive calculator that estimates productivity loss, revenue disruption, incident response costs, reputation damage, and market impact based on user-supplied or default parameters
• Pre-populated default values based on publicly available data from real-world cyber attacks (currently the Stryker Corporation incident)
• An AI conversational assistant powered by Delphi.ai for answering questions about cyber attack costs and identity security
• Downloadable PDF report generation
• Educational content about cybersecurity, identity security, and breach economics
• Optional contact submission for sales follow-up

The Site is provided as a free, informational tool. Avatier reserves the right to modify, suspend, or discontinue any aspect of the Site at any time without notice.

3. Eligibility

You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms. The Site is intended for business and professional use; it is not directed at children, and we do not knowingly collect personal information from anyone under the age of 18.

4. Calculator Disclaimer

The calculator uses industry-standard breach economics formulas and default parameters drawn from publicly available data, including the Stryker Corporation cyber incident. The default values are intended as a starting reference point, not as a representation of any specific organization's risk profile or actual loss exposure.

You acknowledge and agree that:

• Calculator outputs are estimates based on user-supplied inputs and generalized industry data, not professional risk assessments
• Actual cyber attack costs depend on numerous factors specific to your organization, including security posture, incident response maturity, regulatory environment, insurance coverage, and the nature of any actual incident
• Avatier makes no representation or warranty regarding the accuracy, completeness, or applicability of calculator outputs to your organization's specific circumstances
• Calculator outputs should not be used as the sole basis for security investment decisions, board presentations, regulatory filings, insurance underwriting, or any other business or financial decision without independent professional analysis
• References to specific companies (such as Stryker Corporation) within the default values are for illustrative purposes based on publicly reported information, and do not represent any endorsement, affiliation, or claim about those companies' actual security posture or losses

For accurate cyber risk quantification specific to your organization, you should engage qualified cybersecurity professionals, financial advisors, and legal counsel.

5. AI Assistant Disclaimer

The AI assistant is provided as a convenience to help visitors explore questions about cyber attack costs, identity security, and Avatier's products. You acknowledge and agree that:

• AI responses are generated by automated systems based on training data and may not reflect current information, your specific situation, or accurate professional guidance
• AI responses are not legal advice, financial advice, security consulting, regulatory guidance, or any form of professional opinion
• Avatier does not guarantee the accuracy, completeness, currentness, or reliability of any AI-generated content
• You should independently verify any information received from the AI assistant before acting on it
• Conversations with the AI assistant may be logged, processed, and used in accordance with our Privacy Policy
• The AI assistant is not a substitute for human professional consultation

If you receive AI-generated content that appears incorrect, harmful, or inappropriate, please contact us immediately at legal@avatier.com.

6. PDF Reports & Outputs

The Site allows you to generate downloadable PDF reports summarizing your calculator inputs and outputs. These reports are provided subject to the following:

• You may use generated PDF reports for your own internal business purposes, including reference, planning, and discussion within your organization
• You may share PDF reports with colleagues, advisors, and other parties for legitimate business purposes
• You may not redistribute, sell, sublicense, or commercially exploit PDF reports as standalone products
• You may not remove, alter, or obscure any Avatier branding, attribution, copyright notices, or disclaimers contained in the reports
• You may not use PDF reports to misrepresent the calculator's outputs as anything other than the illustrative estimates they are
• Avatier retains all rights to the report format, design, layout, and underlying calculator methodology

7. Acceptable Use

You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You agree not to:

• Use the Site or any of its features in a manner that violates any applicable law, regulation, or third-party right
• Scrape, crawl, harvest, or otherwise extract data from the Site using automated means without our express written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the calculator, AI assistant, or any other component of the Site
• Submit false, misleading, fraudulent, or malicious information through any form, the AI assistant, or any other input mechanism
• Attempt to gain unauthorized access to any portion of the Site, our systems, our networks, or any account or data of another user
• Use the Site to transmit malware, viruses, worms, or any other malicious code
• Conduct denial-of-service attacks, vulnerability scans, penetration testing, or other intrusive activities against the Site without our prior written authorization
• Use the Site to harvest, collect, or compile personal information about other users
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site
• Use the AI assistant to generate content that is harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Use the Site for competitive intelligence gathering against Avatier, including for the purpose of developing a competing product

Avatier reserves the right to investigate and take appropriate action against any user who violates these acceptable use provisions, including blocking access, removing content, and pursuing legal remedies.

8. Intellectual Property

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio, video, calculator methodology, software code, AI prompts and configurations, design, and layout — are owned by Avatier Corporation, its licensors, or other content providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

"Avatier," "AttackCost," "CyberAttackCost," "Identity Anywhere," and related logos and slogans are trademarks of Avatier Corporation. All other trademarks, service marks, and trade names referenced on the Site are the property of their respective owners.

Subject to your compliance with these Terms, Avatier grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include any right to:

• Resell or commercially use the Site or its contents
• Make any derivative use of the Site or its contents
• Use any data mining, robots, or similar data gathering and extraction methods
• Frame, mirror, or otherwise replicate any portion of the Site without express written consent

9. User-Submitted Content

When you submit information through the Site — including calculator inputs, contact form submissions, conversations with the AI assistant, or any other input — you grant Avatier a worldwide, royalty-free, non-exclusive license to use, store, process, and display that information for the purpose of operating the Site, providing the services you requested, improving our products, and as otherwise described in our Privacy Policy.

You represent and warrant that any information you submit:

• Is accurate and not misleading
• Does not violate any third-party rights, including privacy, publicity, intellectual property, or contractual rights
• Does not contain confidential information of any third party that you are not authorized to share
• Does not contain personal information of any third party (other than business contact information shared in a legitimate business context)
• Does not contain malicious code, viruses, or harmful content

You retain ownership of any information you submit. Avatier does not claim ownership of your inputs.

10. Third-Party Services

The Site integrates with several third-party services to deliver functionality, including:

• Delphi.ai — AI conversational assistant
• HubSpot — Customer relationship management and marketing automation
• Google Analytics, Google Tag Manager, Google Ad Manager, Google Search Console — Analytics and search performance
• Cookiebot (Usercentrics) — Cookie consent management
• Vercel — Hosting and content delivery
• Artisan AI — B2B outbound sales automation (operates independently of the Site)

Your use of these third-party services may be subject to their own terms of service and privacy policies. Avatier is not responsible for the practices of third-party services and does not endorse, control, or assume responsibility for their content, products, or services. We encourage you to review the terms and privacy policies of any third-party service you access.

The Site may contain links to other websites. We provide these links for convenience only and do not endorse or assume responsibility for the content, accuracy, or practices of any linked sites.

11. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, share, and protect your personal data. By using the Site, you consent to the data practices described in the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms.

12. Disclaimer of Warranties

Without limiting the foregoing, Avatier does not warrant that:

• The Site will meet your requirements or expectations
• The Site will be uninterrupted, timely, secure, or error-free
• The information provided through the Site (including calculator outputs and AI responses) will be accurate, reliable, or current
• Defects in the Site will be corrected
• The Site or the servers that make it available are free of viruses or other harmful components

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Limitation of Liability

You acknowledge that the limitations and exclusions of liability in these Terms reflect a reasonable allocation of risk between you and Avatier, and that without these limitations Avatier would not be able to provide the Site free of charge. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not fully apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Avatier Corporation and its affiliates, directors, officers, employees, agents, contractors, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Site
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Any content you submit to or through the Site
• Your reliance on any calculator output, AI response, or PDF report obtained through the Site
• Any misrepresentation made by you

Avatier reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Avatier in asserting any available defenses.

15. Termination

Avatier may, at its sole discretion, terminate or suspend your access to the Site at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law
• Conduct that Avatier determines, in its sole discretion, is harmful to other users, third parties, or Avatier's interests
• Extended periods of inactivity
• Discontinuation of the Site or any of its features

Upon termination, your right to use the Site will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.

16. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. You agree that any legal action or proceeding between you and Avatier arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Alameda County, California, and you consent to the personal jurisdiction of such courts.

If you are accessing the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The Site is controlled and operated from the United States, and we make no representations that the Site is appropriate or available for use in other locations.

17. Dispute Resolution

Informal Resolution. Before filing any formal claim, you agree to first contact Avatier at legal@avatier.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you at the email address you provide. If a dispute cannot be resolved within sixty (60) days of submission, either party may then proceed with formal dispute resolution.

Class Action Waiver. You and Avatier agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through informal resolution, you and Avatier each waive any right to a jury trial.

Time Limitation. You agree that any claim you may have arising out of or related to these Terms or the Site must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

18. Changes to Terms

Avatier reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice (such as a banner on the Site or an email to registered users). Your continued use of the Site after any changes constitutes acceptance of the updated Terms.

If you do not agree to the modified Terms, you must stop using the Site. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

19. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices published by Avatier on the Site, constitute the entire agreement between you and Avatier regarding the Site and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions.

No Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Avatier to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Avatier's prior written consent. Avatier may assign or transfer these Terms, at its sole discretion, without restriction. Any attempted assignment in violation of this provision is void.

Force Majeure. Avatier shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

No Agency. Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employment, or franchise relationship between you and Avatier.

Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

20. Contact Us

If you have any questions about these Terms or the Site, please contact us:

Avatier Corporation
4733 Chabot Drive, Suite 201
Pleasanton, CA 94588
United States

Legal inquiries: legal@avatier.com
General contact: info@avatier.com
Phone: +1 (925) 217-5170