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Terms of Service

Last updated: October 2, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and R5 Industries (“R5 Industries,” “we,” “us,” or “our”), governing your access to and use of our websites (including https://www.r5.industries), client account portals, cross-platform mobile applications, automated audit tools, remote technical support sessions, appointment scheduling systems, and professional technology services.

By accessing our website, purchasing or requesting a website audit, scheduling or participating in remote or on-site support, approving a quote or invoice, creating or accessing a client account, downloading our mobile companion app, or engaging our engineering, consulting, and digital services, you agree to be bound by these Terms. If you do not agree to all provisions of these Terms, you must not access or use our websites, applications, or services.

1. Services & Engagement Models

R5 Industries delivers technology strategy, custom software engineering, API and cloud architecture, website cybersecurity and performance audits, remote and on-site technical support, managed IT infrastructure, Google Business Profile and digital advertising management, and business operations software.

  • Proposals & Statements of Work: Custom development, cloud migration, systems engineering, and recurring advisory retainers are governed by individual written proposals, Statements of Work (SOW), service orders, or invoices detailing specific scope, deliverables, acceptance criteria, milestones, and fees. In the event of a direct conflict between these Terms and an executed SOW, the provisions of the executed SOW shall govern for that specific engagement.
  • Fixed-Price Products & Online Orders: Standardized offerings (such as express website audits, flat-rate remote support sessions, diagnostic scans, and scheduled consultations) are ordered through our online checkout workflows subject to these Terms and specific product descriptions presented at checkout.

2. Website Audits & Automated Diagnostic Scans

We provide express automated and hybrid website audits across four primary diagnostic disciplines: Cybersecurity Defense, Technical & On-Page SEO, Inclusive Accessibility (WCAG 2.1/2.2 AA standards), and Browser Performance (Core Web Vitals / Lighthouse lab testing).

  • Authorization & Permission Warranty: By submitting any website URL, domain name, host, or server address for auditing, you represent and warrant that you own the target property, are an authorized administrator, or hold express written authorization from the legal property owner to conduct technical evaluations and automated vulnerability scans against that target. Scanning third-party infrastructure without authorization is unlawful and strictly violates these Terms.
  • Observational & Non-Invasive Scope: Express website audits are external, observational, and non-destructive. Scans inspect publicly accessible endpoints, TLS certificates, DNS records, HTTP response headers, robots directives, HTML markup, and browser rendering metrics. We do not execute destructive penetration tests, denial-of-service simulations, or intrusive credential attacks as part of standard website audits.
  • Point-in-Time Diagnostic Nature: Audit reports and scorecards reflect automated lab observations at the exact timestamp of execution. An audit does not constitute an absolute certification of complete security, immunity against zero-day exploits or future breaches, a guarantee of search engine rankings or traffic volume, or an absolute defense against accessibility litigation.
  • Remediation & Implementation: Audit deliverables provide findings, prioritized roadmaps, severity classifications, and copy-paste remediation examples. Unless contracted separately under a custom engineering SOW, implementing remediations and code updates on your systems remains your sole operational responsibility.
  • Confidential Delivery & Expiration: Audit reports and downloadable archive bundles (ZIP files) are generated and delivered via secure email or cryptographically signed URLs. Signed report links are time-limited and designed to fail closed against unauthorized third parties. You are responsible for preserving and downloading your deliverables before link expiration.
  • Sample & Demonstration Reports: Publicly accessible sample audit pages are provided solely for demonstration and evaluation purposes.

3. Remote & On-Site Technical Support Services

When you schedule, pay for, or initiate remote or on-site technical support:

  • Customer Authorization & Initiation: Remote assistance is provided on-demand and requires your active participation and consent. You initiate access by downloading our recommended remote tool (such as RustDesk or Quick Assist) and supplying a one-time session PIN or connection token.
  • Live Supervision & Termination: You retain complete visual oversight of the technician’s actions during remote sessions. You may revoke access or disconnect the remote connection at any moment.
  • On-Site Support & Premises Access: For on-site service calls in the Phoenix metropolitan area, you agree to provide technicians with safe, reasonable access to the premises, hardware, and relevant network credentials necessary to perform the requested repairs or installations.
  • Client Preparation & Backup Duty: Prior to initiating remote or on-site support, you are solely responsible for closing all sensitive personal, medical, or financial documents and ensuring all critical data is completely backed up to an external or cloud repository. R5 Industries is not liable for data loss, preexisting hardware degradation, or operating system corruption.
  • Pricing & Session Scope: Remote technical support is billed at our published session rates (e.g., flat $75 per session for standard residential/small business troubleshooting). Sessions focus on diagnosing software conflicts, removing malware, configuring email/network settings, and system optimization. We reserve the right to decline or conclude sessions involving illegal content or severely compromised environments.

4. Consultations, Appointments & Scheduling

  • Online Booking & Calendar Sync: You may book discovery calls, technical consultations, and service appointments through our scheduling platform, which synchronizes with Google Calendar.
  • Cancellations & Rescheduling: If you need to reschedule or cancel an appointment, please do so at least 24 hours in advance using the self-service link in your booking confirmation email.
  • No-Show Policy: Scheduled appointments that are missed without advance notice may forfeit any pre-paid consultation fees.

5. Client Accounts, Portals & Mobile Application

  • Passwordless Authentication: Account access is secured via passwordless magic links and time-sensitive one-time passcodes (OTP). You are responsible for maintaining the confidentiality and security of your email inbox and authentication links.
  • Client Portal Capabilities: Through the client portal, authorized customers may review quote estimates, approve project orders, inspect active subscriptions, view and pay invoices, and download service deliverables.
  • Single-Use Pay & Authorization Tokens: Dynamic payment links (/pay/[token]) and quote authorization links (/authorize/[token]) are cryptographically secured and subject to single-use or time-bounded validity.
  • Mobile Companion Application: If you use the R5 Industries cross-platform Flutter mobile application, you agree to grant only necessary device permissions. Local cached data is stored securely using platform-native keychain and SQLite databases.
  • Account Security & Integrity: You agree to notify us immediately of any unauthorized access or compromise of your credentials. We reserve the right to suspend or terminate account access if suspicious activity, payment default, or acceptable use violations are detected.

6. Electronic Communications & Resend Email Delivery

  • Transactional & Operational Notices: By providing your email address during checkout, contact intake, or account authentication, you consent to receive transactional and operational communications necessary for service fulfillment. These include authentication magic links, order confirmations, invoice receipts, audit report links, quote notifications, appointment reminders, security alerts, and support responses.
  • Delivery Infrastructure via Resend: We utilize Resend as our primary transactional email service provider. While we implement strict SPF, DKIM, and DMARC email authentication standards, we cannot guarantee instantaneous delivery if messages are delayed or filtered by your mail server or anti-spam provider.
  • Marketing Communications: If you opt in to receive marketing advisories or newsletters, you may unsubscribe at any time using the one-click unsubscribe link included in the footer of marketing messages or by contacting us.

7. Commercial Terms, Billing, Invoicing & Subscriptions

  • Payment Gateways: Online payments, invoices, and subscriptions are processed through secure, PCI-DSS Level 1 compliant processors, primarily Stripe and Square. You agree to provide valid payment credentials and authorize our payment processors to charge all accrued fees.
  • Accounting Integration via Xero: Invoicing, transaction records, and financial accounting data may be synchronized with Xero for financial management and reporting.
  • Quotes & Validity Windows: Formal quotes issued through our platform or client portal are valid for the timeframe specified on the quote (typically 30 days). Expired quotes cannot be approved without re-estimation.
  • Invoices & Payment Terms: Custom service invoices are due upon receipt or according to payment terms stated on the invoice (e.g., Net 15 or milestone completion). Late payments may incur interest at 1.5% per month or the statutory maximum.
  • Subscriptions & Retainers: Recurring service retainers and subscriptions renew automatically at the start of each billing period (monthly or annually) until canceled. You may cancel upcoming subscription renewals at any time prior to the billing date through the account portal or by contacting support.
  • Refund Policy: Because automated audits, diagnostic reports, and remote support time are delivered immediately upon execution, payments for completed audits and completed support sessions are non-refundable. Custom development milestone refunds are governed by the applicable SOW.

8. Digital Marketing, Advertising & Google Business Profiles

When you engage R5 Industries for digital marketing, Google Ads management, Local Services Ads (Google Screened), or Google Business Profile optimization:

  • Third-Party Platform Ad Spend: You are responsible for paying all direct media ad spend charges billed by Google or other advertising networks directly to your billing account.
  • Account Access & Credentials: You agree to grant appropriate administrative or delegate access to advertising and business profile accounts necessary to manage campaigns.
  • No Ranking or Traffic Guarantees: Search engine algorithms, paid auction prices, and local pack rankings are governed by third-party search engines and market competition. R5 Industries does not guarantee specific organic rankings, ad impression positions, or lead volumes.

9. Acceptable Use Policy

You agree not to use our websites, APIs, audit scanners, mobile apps, or client portals to:

  • Probe, crawl, or scan systems, servers, or networks without verified authorization from the property owner.
  • Interfere with, degrade, or overload our infrastructure, edge networks, or third-party provider services.
  • Attempt to circumvent authentication barriers, rate limit controls, token signatures, or Cloudflare Turnstile anti-bot protections.
  • Distribute malware, viruses, malicious scripts, or phishing materials.
  • Harvest, scrape, or systematically extract data or proprietary tooling code from our platform.
  • Reverse engineer, decompile, or create derivative works of our proprietary scanning engines, algorithms, mobile apps, or internal utilities.

10. Intellectual Property & Deliverables

  • Platform & Tooling IP: All software, design systems, UI components (including Starwind UI assets), layouts, mobile apps, trademarks, logos, and documentation on https://www.r5.industries are the exclusive intellectual property of R5 Industries and its licensors.
  • Client Deliverables: Upon full payment of all fees due under an executed SOW, we grant you the agreed intellectual property ownership or licensing rights in bespoke deliverables and code created specifically for you. R5 Industries retains ownership of its pre-existing tools, libraries, frameworks, open-source modules, and background technology used to generate deliverables.
  • Client Materials: You retain full ownership of all data, trademarks, content, and materials provided to us for project execution. You grant us a limited, non-exclusive license to use such materials solely to deliver the contracted services.

11. Confidentiality & Non-Disclosure

Each party agrees to safeguard the other party’s confidential business information, trade secrets, proprietary code, and technical documentation with reasonable care, using it solely for the purpose of executing the agreed engagements and not disclosing it to third parties without prior written consent, except as required by law.

12. Disclaimer of Warranties

Except as explicitly set forth in a written SOW signed by an authorized representative of R5 Industries, all websites, automated audit tools, remote and on-site support, mobile applications, client portals, and deliverables are provided “as is” and “as available,” without warranty of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, R5 Industries expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, error-free operation, uninterrupted availability, and accuracy of automated diagnostic data.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

  • In no event shall R5 Industries, its directors, officers, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, business interruption, or security incidents arising out of or relating to your use of our websites, audits, remote support, mobile applications, or services.
  • Our total aggregate liability for all claims arising out of or related to these Terms or any engagement shall not exceed the total fees actually paid by you to R5 Industries for the specific product, audit, or service giving rise to the claim during the three (3) months preceding the incident.

14. Indemnification

You agree to defend, indemnify, and hold harmless R5 Industries, its parent, affiliates, officers, directors, employees, and agents from and against all claims, actions, suits, demands, liabilities, damages, judgments, losses, and reasonable legal costs arising out of or relating to:

  • Your breach of these Terms or any SOW;
  • Your submission of any website, domain, or IP address for audit or scanning without verified authorization from the property owner;
  • Your violation of any third-party intellectual property, privacy, or proprietary rights;
  • The operation, content, or business practices of your own websites, applications, and businesses.

15. Dispute Resolution & Governing Law

These Terms and any dispute arising from your relationship with R5 Industries shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles.

Any legal action, suit, or proceeding arising under or in connection with these Terms shall be instituted exclusively in the state or federal courts located in Maricopa County, Arizona, and each party irrevocably submits to the personal jurisdiction of such courts.

16. Changes to Terms

We reserve the right to revise or update these Terms at our discretion. When updates are published, the “Last updated” date at the top of this page will be revised. Your continued access to or use of our websites, client portals, mobile applications, audits, or services after updated Terms take effect constitutes your acceptance of the revised Terms.

17. Contact Information & Legal Notices

For questions, notices, or formal legal communications regarding these Terms of Service, please contact us via our contact form or write to:

R5 Industries
Attn: Legal & Operations
Website: https://www.r5.industries
Email: Through our secure contact form