These Terms of Use govern your access to and use of RiskD3M, an Agent as a Service offering provided by ElasticD3M, LLC ("ElasticD3M", "we", "us"). By purchasing or using RiskD3M, you agree to these Terms on behalf of yourself and the organization you represent ("you").
RiskD3M produces decision support: a transparent analysis of cyber financial materiality, an Item 1.05 worksheet, a computed disclosure window, a drafted Item 106 governance narrative, and an auditable record. RiskD3M is not legal, accounting, actuarial, audit, or investment advice, and using it does not create any professional or fiduciary relationship. RiskD3M does not determine materiality and makes no securities filing. Every output requires review and approval by your authorized officers or directors before use. The materiality determination and any disclosure decision are, and remain, yours.
You are responsible for the accuracy and completeness of the facts you supply, for obtaining any authorizations needed to share them, for your own legal and disclosure obligations, and for the decisions you make. You will use RiskD3M only for lawful purposes and only for an organization you are authorized to represent.
Fees are stated at checkout and are payable in advance. One-time engagements are billed once; subscription offerings, where available, are billed on a recurring, month-to-month basis until you end the subscription. See our Refund Policy.
ElasticD3M retains all rights in RiskD3M, its models, methodology, and software (Patent Pending). You retain your own data and receive a license to use the analysis we deliver to you for your internal business purposes.
RiskD3M is provided "as is". Loss-exposure figures and analyses are estimates computed from available evidence and are inherently uncertain; actual results may differ. To the fullest extent permitted by law, ElasticD3M disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and does not warrant any particular outcome, disclosure position, or regulatory result.
To the fullest extent permitted by law, ElasticD3M's total liability arising out of or relating to RiskD3M will not exceed the fees you paid for the engagement giving rise to the claim, and ElasticD3M will not be liable for indirect, incidental, special, consequential, or punitive damages, or for any regulatory, disclosure, or litigation outcome.
These Terms are governed by the laws of the United States and the state of ElasticD3M's principal place of business, without regard to conflict-of-laws rules. Data is processed in the United States; see our Data Processing Agreement and Privacy Policy.
RiskD3M, powered by ElasticD3M. Patent Pending.