1. Agreement to These Terms
These Terms and Conditions ("Terms") are a binding agreement between you and The BIT Insight Group LLC ("BIT," "we," "us," or "our") governing your use of https://bitinsightgroup.com, any other website operated by BIT that links to or displays these Terms, and any associated web forms, client portals, and messaging channels (collectively, the "Site").
You accept these Terms when you (a) check a box or click a button indicating acceptance on any Site form or portal, or (b) otherwise use the Site after being presented with a link to these Terms. If you are using the Site on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization. If you do not agree, do not use the Site.
Our Privacy Policy is incorporated into these Terms by reference.
1.1 Relationship to Client Agreements
These Terms govern only your use of the Site. They do not govern managed IT, cybersecurity, consulting, or any other professional services. Those services are provided solely under a separate, signed written agreement between you and BIT, such as a Master Services Agreement, Statement of Work, Business Associate Agreement, or similar instrument (each, a "Client Agreement").
If there is any conflict between these Terms and a Client Agreement, the Client Agreement controls. Nothing in these Terms amends, limits, expands, or supersedes any Client Agreement, and no provision of these Terms (including the liability cap in Section 9) shall be construed as a term of any Client Agreement.
2. No Professional Advice; No Engagement Formed
Content on the Site, including articles, assessments, checklists, tools, and responses to inquiries, is provided for general informational purposes only. It is not security, compliance, legal, or technical advice for your specific environment, and you should not rely on it as such.
No client, advisory, fiduciary, or confidential relationship is formed between you and BIT by your use of the Site, submission of a form, or any communication with BIT, unless and until a Client Agreement is signed by both parties.
3. Information You Submit
3.1 Do Not Submit Sensitive or Regulated Information
Site forms and general communication channels are not designed to receive sensitive or regulated data. Do not submit through the Site, contact forms, general email, or text messages any of the following:
- Protected health information (PHI) as defined under HIPAA;
- Controlled Unclassified Information (CUI), Federal Contract Information (FCI), classified information, or export-controlled technical data (including ITAR- or EAR-controlled data);
- Payment card data, bank account numbers, or government identification numbers;
- Passwords, API keys, private keys, MFA seeds, or other credentials;
- Details of an active security incident beyond what is needed to request contact.
If you need to share such information, request a secure transfer method and, where required, execute the appropriate agreement (for example, a Business Associate Agreement or NDA) first. To the extent permitted by law, BIT is not responsible for sensitive or regulated information you submit in violation of this Section, and may delete it without retaining a copy, subject to any legal obligation to preserve it.
3.2 No Confidentiality Absent Agreement
BIT handles information you submit through the Site as described in our Privacy Policy and Section 5.6. Submitting information does not create any additional confidentiality obligation unless a signed NDA or Client Agreement provides otherwise.
3.3 Accuracy
You agree that information you submit is accurate and that you are authorized to submit it, including any third-party contact information.
3.4 Feedback
If you provide suggestions or feedback about the Site or BIT's services, BIT may use it without restriction or compensation to you.
4. Electronic Communications and Notices
You consent to receive communications from BIT electronically, and you agree that electronic agreements, notices, and disclosures satisfy any legal requirement that they be in writing, consistent with the federal E-SIGN Act and the Virginia Uniform Electronic Transactions Act.
Legal notices to BIT (including notices of dispute under Section 11) are effective only if sent in writing to the address in Section 16 by a nationally recognized courier or certified mail, with a copy by email to legal@bitinsightgroup.com. Messages to support channels, web forms, or text messages do not constitute legal notice to BIT. Nothing in these Terms waives formal service of process where required by law.
5. Text Messaging (SMS/MMS) Program
Program name: BIT Support Messaging
5.1 Consent. BIT sends text messages only to mobile numbers for which the subscriber or customary user has affirmatively opted in, for example by checking an unchecked SMS consent box on a BIT form or ticketing portal. Consent to receive texts is not a condition of purchasing any goods or services. Submitting a form without checking the SMS consent box does not authorize BIT to text you.
5.2 Message types. Messages relate to support tickets, service and account notifications, scheduling, and customer care conversations, and, if you enable it, one-time verification codes. BIT does not use this program for marketing or promotional messages.
5.3 Frequency and cost. Message frequency varies based on your support activity. Message and data rates may apply. BIT does not charge for text messages.
5.4 Help. Reply HELP for assistance, or contact support@bitinsightgroup.com or (877) 326-2627.
5.5 Opting out. Reply STOP (or CANCEL, END, QUIT, REVOKE, OPT OUT, UNSUBSCRIBE, or a similar reasonable request) to any BIT message to stop receiving texts. You may also revoke consent by any other reasonable means, including by emailing support@bitinsightgroup.com. After you opt out, you may receive one final message confirming your request. BIT will honor opt-out requests promptly and in all cases within the time required by law. To resume messages, reply START.
5.6 Mobile information. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging opt-in data and consent will not be shared with any third parties, except service providers (such as messaging platforms and carriers) acting on BIT's behalf solely to deliver the messages you requested.
5.7 Carriers. Wireless carriers are not liable for delayed or undelivered messages.
6. Intellectual Property and Acceptable Use
6.1 Ownership
The Site and its content, including text, graphics, logos, designs, code, and trademarks, are owned by BIT or its licensors and are protected by intellectual property laws. All rights not expressly granted are reserved.
6.2 Limited License
BIT grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for evaluating BIT's services, communicating with BIT, and, if you are a client, using authorized portals.
6.3 Prohibited Conduct
You will not, and will not permit anyone else to:
- Scan, probe, penetration test, or vulnerability test the Site or any BIT system, or attempt to bypass any authentication or security control, without BIT's prior written authorization;
- Introduce malware, exploit code, injection payloads, or any code designed to disrupt, damage, or gain unauthorized access;
- Conduct denial-of-service activity or place an unreasonable load on the Site;
- Scrape, crawl, harvest, or extract Site content or data by automated means, or use Site content to train, fine-tune, or evaluate any artificial intelligence or machine learning model, except that publicly available search engines may index the Site in compliance with our robots.txt file;
- Reverse engineer, decompile, or attempt to derive source code of any Site software, except to the extent this restriction is prohibited by law;
- Frame, mirror, or reproduce the Site or BIT branding without BIT's prior written consent;
- Impersonate any person or submit false or misleading information;
- Use the Site in violation of any law, including the Computer Fraud and Abuse Act and the Virginia Computer Crimes Act.
6.4 Security Vulnerability Reporting
If you believe you have discovered a security vulnerability in the Site, report it to security@bitinsightgroup.com. Do not access, modify, or retain data that is not yours, and do not publicly disclose the issue before BIT has had a reasonable opportunity to address it. Good-faith reporting in compliance with this Section is appreciated; it does not authorize testing prohibited by Section 6.3.
7. Third-Party Services
The Site may link to or integrate third-party websites, platforms, and services ("Third-Party Services"). BIT does not control and is not responsible for Third-Party Services, and a link does not constitute an endorsement. Your use of Third-Party Services is governed by their terms. BIT may share information with its service providers as necessary to operate the Site and respond to your requests, as described in our Privacy Policy.
8. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. BIT DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) BIT AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS 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 OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) BIT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID BIT FOR USE OF THE SITE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100).
(c) THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THEY APPLY ONLY TO THE SITE AND DO NOT APPLY TO SERVICES PROVIDED UNDER A CLIENT AGREEMENT, WHICH ARE GOVERNED EXCLUSIVELY BY THAT AGREEMENT.
10. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless BIT and its members, managers, employees, contractors, and agents from any third-party claims, and related losses, liabilities, fines, and expenses (including reasonable attorneys' fees), arising from (a) your breach of these Terms; (b) your misuse of the Site; (c) your violation of any law or third-party right; or (d) information you submit, including information submitted in violation of Section 3.1. BIT may assume control of the defense of any matter subject to indemnification, and you will cooperate. You may not settle any such matter without BIT's prior written consent.
11. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO A JURY TRIAL.
11.1 Informal resolution. Before starting arbitration or a court action, the party raising a dispute must send a written notice describing the dispute and the relief sought. Notice to BIT must be sent as provided in Section 4; BIT will send notice to the most recent email or mailing address it has for you. The parties will attempt in good faith to resolve the dispute for thirty (30) days after notice is received.
11.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where those rules apply, together with any applicable AAA supplementary rules for mass arbitration. The Federal Arbitration Act governs this Section. The arbitration will take place in Loudoun County, Virginia (or, where the AAA Consumer Arbitration Rules apply, at the location those rules provide), or by video conference if both parties agree or the arbitrator so orders. The arbitrator's award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to decide questions of arbitrability, except that a court decides the enforceability of Section 11.4.
11.3 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in court to protect intellectual property, confidential information, or the security or integrity of the Site or BIT's systems, including relief against conduct prohibited by Section 6.3.
11.4 Class action waiver. YOU AND BIT EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person or preside over any form of representative proceeding. If this Section 11.4 is found unenforceable as to any claim, then that claim (and only that claim) will be severed from arbitration and heard in court under Section 11.6, and Section 11.4's invalidity will not allow class arbitration.
11.5 Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Site must be filed within one (1) year after the claim arose, or it is permanently barred.
11.6 Governing law and venue. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules, and by the Federal Arbitration Act as to Section 11. For any matter permitted to proceed in court, the parties consent to the exclusive jurisdiction and venue of the state courts located in Loudoun County, Virginia, and the United States District Court for the Eastern District of Virginia.
11.7 Jury trial waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND BIT EACH WAIVE THE RIGHT TO A JURY TRIAL.
12. Eligibility, Export Controls, and Sanctions
The Site is intended for businesses and for individuals who are at least eighteen (18) years old. BIT does not knowingly collect personal information from children under thirteen (13). If you believe a child has submitted information to BIT, contact us and we will delete it.
The Site is operated from the United States. You represent that you are not located in a country subject to comprehensive U.S. sanctions and are not listed on any U.S. government restricted-party list. You will not use the Site to transmit data in violation of U.S. export control or sanctions laws. If you access the Site from outside the United States, you are responsible for compliance with local laws.
13. Suspension and Termination
BIT may suspend or terminate your access to all or part of the Site at any time, with or without notice, for any conduct BIT reasonably believes violates these Terms, threatens the security of the Site or others, or exposes BIT to liability.
14. Changes to These Terms
BIT may update these Terms by posting a revised version with a new Last Updated date. Changes apply prospectively from the date posted. Where BIT has your contact information and the change is material, BIT will make reasonable efforts to notify you. Continued use of the Site after changes take effect constitutes acceptance. Changes to Section 11 will not apply to any dispute of which BIT had notice before the change was posted.
15. General
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and BIT regarding the Site and supersede prior understandings regarding the Site. Section 1.1 governs the relationship between these Terms and any Client Agreement.
Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in effect, subject to Section 11.4.
No waiver. BIT's failure to enforce any provision is not a waiver of its right to do so later.
Assignment. You may not assign these Terms without BIT's prior written consent. BIT may assign these Terms, including in connection with a merger, acquisition, or sale of assets.
Force majeure. BIT is not liable for any failure or delay caused by events beyond its reasonable control.
Survival. Sections 3, 6, and 8 through 15 survive any termination of your access to the Site.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Headings. Headings are for convenience only and do not affect interpretation.
16. Contact
The BIT Insight Group LLC
880 Harrison St SE, Suite 270
Leesburg, VA 20175
United States
- Web: https://bitinsightgroup.com
- Support: support@bitinsightgroup.com
- Legal notices: legal@bitinsightgroup.com
- Security reports: security@bitinsightgroup.com
- Toll-free: (877) 326-2627
