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VIGILCAP TERMS OF SERVICE

Last Updated: December 27, 2025

1. ACCEPTANCE OF TERMS

By purchasing, downloading, or using any report, software, or service ("Services") provided by Vigilcap (Lavie Breslav) ("Vigilcap," "we," "us"), you ("Client," "User") agree to be bound by these Terms of Service ("Agreement"). IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

2. NATURE OF SERVICES: CONSULTING OPINION (NOT AN AUDIT)

2.1 Probabilistic Assessment

You acknowledge that Vigilcap's Services utilize automated static analysis and probabilistic artificial intelligence models. The resulting reports constitute a Consulting Opinion on technical risk, not a statement of fact or a guarantee of future performance.

2.2 Not a Certified Audit

Vigilcap is not a CPA firm or a licensed engineering board. Our reports are not "Certified Audits" under GAAP, GAAS, or ISO standards. They are decision-support tools intended for informational purposes only.

2.3 No Warranty of Code Integrity

Vigilcap does not warrant that the target software is free from bugs, vulnerabilities, "zero-day" exploits, or intellectual property infringements. A "Clean" score does not guarantee that the software will not fail.

3. LIMITATION OF LIABILITY (THE "FEES PAID" CAP)

3.1 Aggregate Limit

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIGILCAP'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) SHALL BE STRICTLY LIMITED TO THE TOTAL FEES ACTUALLY PAID BY CLIENT FOR THE SPECIFIC REPORT GIVING RISE TO THE CLAIM.

3.2 Waiver of Consequential Damages

IN NO EVENT SHALL VIGILCAP BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, DEAL FAILURE, OR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3 Fundamental Basis

You acknowledge that Vigilcap would not be able to provide the Services at the current price without these limitations.

4. NON-RELIANCE BY THIRD PARTIES ("BIG BOY" CLAUSE)

4.1 Client Use Only

The Report is prepared solely for the Client. No third party (including lenders, investors, or sellers) is entitled to rely on the Report without executing a separate Non-Reliance Letter with Vigilcap.

4.2 Sophisticated Investor

Client represents that it is a sophisticated investor capable of evaluating the technical and financial risks of the transaction independently. Client acknowledges it has conducted its own due diligence and is not relying exclusively on Vigilcap for its investment decision.

5. AI & TECHNOLOGY DISCLAIMER

5.1 Hallucinations

The Services may utilize Large Language Models (LLMs) which can occasionally generate "hallucinations" (plausible but incorrect information). Client agrees to independently verify all code snippets, remediation suggestions, and architectural claims before implementation.

5.2 False Positives

Client acknowledges that automated security scanners inherently produce false positives. Vigilcap is not liable for costs associated with investigating false alarms.

6. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless Vigilcap and its officers, managers, and agents from any claims, damages, or expenses (including legal fees) arising out of (a) Client's use of the Report, (b) Client's violation of this Agreement, or (c) any third-party claim resulting from Client's disclosure of the Report.

7. GOVERNING LAW & DISPUTE RESOLUTION

7.1 Jurisdiction

This Agreement shall be governed by the laws of the State of Delaware.

7.2 Arbitration

Any dispute arising under this Agreement shall be resolved by binding arbitration in Delaware, conducted in English. Class actions are waived.

8. ENTITY STATUS

Vigilcap is a trade name. Services are provided by a Manager-Managed Limited Liability Company. All contractual obligations are owed solely by the entity, not by any individual member, manager, or employee.

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