Last Updated: October 21, 2025

Effective Date: October 21, 2025

1. Introduction and Acceptance of Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you (the “User,” “you,” or “your”) and CyberSmart360 Pty Ltd (ABN [to be assigned]) (“CyberSmart360,” “we,” “us,” or “our”), governing your access to and use of the CyberSmart360 platform, including our website, web application, mobile applications, Progressive Web App, and all related services (collectively, the “Service” or “Platform”).

1.1 Agreement to Terms

By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific features or services. If you do not agree to these Terms, you must not access or use the Service.

1.2 Amendments to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email to your registered email address or through prominent notice on the Platform at least 30 days before the effective date of such changes. Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

1.3 Additional Policies

These Terms incorporate by reference our:

  • Privacy Policy
  • Acceptable Use Policy
  • Data Processing Agreement (for GDPR compliance)
  • Service Level Agreement (Enterprise tier only)
  • Framework Plugin Terms (where applicable)

1.4 Governing Law and Jurisdiction

For Australian Users: These Terms are governed by the laws of the Northern Territory of Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the Northern Territory and the Federal Court of Australia.

For European Union Users: To the extent required by the General Data Protection Regulation (GDPR) and applicable EU member state laws, additional provisions in Section 15 apply to your use of the Service.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

You must be at least 18 years of age and have the legal capacity to enter into binding contracts under applicable law to use the Service. By registering for the Service, you represent and warrant that you meet these eligibility requirements.

2.2 Business Use

The Service is designed for business and organizational use. If you are registering on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to “you” in these Terms will refer to both you individually and the organization.

2.3 Account Registration

To access certain features of the Service, you must create an account by providing:

  • Accurate, current, and complete information
  • A valid email address
  • A secure password meeting our security requirements
  • Organization details (name, ABN/ACN for Australian entities, business address)

2.4 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Implementing and maintaining multi-factor authentication (MFA) as required by your subscription tier

We reserve the right to suspend or terminate accounts that show signs of unauthorized access or security compromise.

2.5 Account Accuracy

You must keep your account information current and accurate. Failure to maintain accurate information may result in service disruption or account suspension. You can update your information through your account dashboard or by contacting support@cybersmart360.com.au.

3. Subscription Plans and Fees

3.1 Subscription Tiers

CyberSmart360 offers multiple subscription tiers:

  • Basic Tier: AUD $25 per month
  • Standard Tier: AUD $50 per month
  • Professional Tier: AUD $150 per month
  • Enterprise Tier: Custom pricing based on requirements

Current pricing and features for each tier are available at cybersmart360.com.au/pricing.

3.2 Payment Terms

Australian Customers:

  • All fees are quoted in Australian Dollars (AUD) and include GST where applicable
  • Payment is due in advance on a monthly or annual basis as selected during registration
  • We accept credit cards, debit cards, and invoice billing (Professional and Enterprise tiers)
  • Payment processing is handled by Stripe, Inc., subject to Stripe’s terms of service

International Customers:

  • Fees may be quoted in your local currency where available
  • Currency conversion rates are determined by our payment processor
  • Additional taxes or duties may apply based on your jurisdiction

3.3 Billing Cycles

  • Monthly subscriptions are billed on the same day each month
  • Annual subscriptions are billed once per year on the anniversary of your registration
  • Failed payments will result in service suspension after a 7-day grace period
  • You are responsible for all charges incurred under your account

3.4 Price Changes

We may modify subscription fees with at least 30 days’ notice. Price changes will take effect at the start of your next billing cycle. If you do not agree to a price increase, you may cancel your subscription before the new pricing takes effect.

3.5 Refund Policy

Australian Consumer Law Rights: Nothing in these Terms limits or excludes any rights you may have under the Australian Consumer Law (ACL) or other applicable consumer protection legislation.

Refunds:

  • Monthly subscriptions: No refunds for partial months; cancellation takes effect at end of billing period
  • Annual subscriptions: Pro-rata refunds available within first 30 days if service does not meet material specifications
  • Enterprise agreements: Governed by individual contract terms
  • Platform outages exceeding SLA commitments automatically receive service credits

Refund Requests: Contact billing@cybersmart360.com.au within 30 days of the charge in question.

3.6 Free Trials

We may offer free trial periods for certain subscription tiers. Free trials are subject to these Terms and may require payment method registration. Unless you cancel before the trial period ends, you will be automatically charged for the subscription at the standard rate.

4. Use of the Service

4.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the Service for your internal business purposes
  • Create, store, and manage cybersecurity framework assessments
  • Generate reports and documentation for compliance purposes
  • Use our mobile applications on devices you own or control
  • Access integration features with third-party services you authorize

4.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Prohibited Activities:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights of CyberSmart360 or third parties
  • Upload or transmit malware, viruses, or malicious code
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to store or transmit illegal content
  • Impersonate any person or entity or misrepresent your affiliation
  • Engage in any form of data scraping, mining, or automated data collection
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove or modify any proprietary notices or labels
  • Use the Service to compete with CyberSmart360 or develop competing products
  • Share your account credentials with unauthorized users
  • Sublicense, resell, or redistribute the Service without authorization

Compliance Requirements:

  • Comply with all applicable cybersecurity and data protection laws
  • Maintain accurate information in your assessments and reports
  • Use Framework Plugins only for their intended compliance purposes
  • Respect usage limits and restrictions of your subscription tier

4.3 White-Label and MSP Use

Professional and Enterprise tier customers with white-label privileges must:

  • Use white-label features only for authorized client services
  • Maintain compliance with these Terms for all client accounts
  • Ensure client awareness of underlying CyberSmart360 service provision
  • Not represent the Service as their own proprietary technology
  • Comply with additional MSP Partner Terms where applicable

4.4 API and Integration Use

If you access our APIs or integration features:

  • You must comply with our API documentation and usage guidelines
  • API keys must be kept confidential and secure
  • Rate limits apply based on your subscription tier
  • We may revoke API access for violations of these Terms
  • You are responsible for your application’s compliance with applicable laws

5. User Content and Data

5.1 Your Content

You retain all rights to data, information, assessments, and content you submit to the Service (“User Content”). By submitting User Content, you grant CyberSmart360 a worldwide, non-exclusive, royalty-free license to:

  • Store, process, and transmit User Content to provide the Service
  • Create backups and ensure data redundancy
  • Generate analytics and insights (in aggregated, anonymized form only)
  • Display User Content to authorized users within your organization

5.2 Responsibility for User Content

You are solely responsible for:

  • The accuracy, quality, and legality of User Content
  • Your right to submit User Content under applicable laws
  • Compliance with data protection obligations regarding User Content
  • Ensuring User Content does not violate third-party rights

5.3 Prohibited Content

You may not submit User Content that:

  • Is illegal, fraudulent, or violates rights of others
  • Contains malware or malicious code
  • Infringes intellectual property rights
  • Violates privacy or confidentiality obligations
  • Contains personally identifiable information of individuals without proper legal basis

5.4 Content Monitoring

We reserve the right (but have no obligation) to:

  • Monitor User Content for compliance with these Terms
  • Remove or disable access to User Content that violates these Terms
  • Report illegal content to appropriate authorities
  • Cooperate with law enforcement investigations

We do not regularly monitor User Content and are not responsible for User Content uploaded by you or other users.

6. Data Protection and Privacy

6.1 Australian Privacy Act Compliance

For Australian Users: We comply with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs). Our collection, use, and disclosure of personal information is governed by our Privacy Policy.

Your Rights Under Australian Privacy Law:

  • Access your personal information held by us
  • Request correction of inaccurate or incomplete information
  • Make complaints to us or the Office of the Australian Information Commissioner (OAIC)
  • Request deletion of your personal information (subject to legal retention requirements)

Our Privacy Obligations:

  • We collect only information necessary to provide the Service
  • We protect personal information using reasonable security measures
  • We do not disclose personal information to third parties except as disclosed in our Privacy Policy
  • We store data in Australia and approved offshore locations with adequate protections

6.2 GDPR Compliance (European Union Users)

For EU/EEA/UK Users: We comply with the General Data Protection Regulation (GDPR) as applicable to our processing of personal data of individuals in the European Union, European Economic Area, and United Kingdom.

Your Rights Under GDPR:

  • Right to Access: Obtain confirmation of processing and access to your personal data
  • Right to Rectification: Correct inaccurate or incomplete personal data
  • Right to Erasure: Request deletion of your personal data (“right to be forgotten”)
  • Right to Restriction: Restrict processing in certain circumstances
  • Right to Data Portability: Receive your data in a structured, commonly used format
  • Right to Object: Object to processing based on legitimate interests
  • Right to Withdraw Consent: Withdraw consent at any time where processing is based on consent
  • Right to Lodge a Complaint: File complaints with your supervisory authority

Data Processing Details:

  • Controller: CyberSmart360 Pty Ltd
  • EU Representative: [To be appointed if required under GDPR Article 27]
  • Legal Bases: Contract performance, legitimate interests, legal compliance, consent (where applicable)
  • Data Location: Primary data stored in Australia; EU data stored in EU region where requested
  • Retention: As specified in our Privacy Policy and Data Retention Schedule
  • Data Protection Officer: privacy@cybersmart360.com.au

International Data Transfers:
Where we transfer personal data from the EU to Australia or other jurisdictions:

  • We rely on adequacy decisions where available
  • We implement Standard Contractual Clauses approved by the European Commission
  • We conduct transfer impact assessments and implement supplementary measures
  • Enterprise customers receive a Data Processing Agreement (DPA) incorporating these mechanisms

6.3 Data Security

We implement industry-standard security measures including:

  • Encryption in transit (TLS 1.3) and at rest (AES-256-GCM, ChaCha20-Poly1305)
  • Hardware Security Module (HSM) integration for key management
  • Per-tenant database isolation with dedicated encryption keys
  • Multi-factor authentication requirements
  • Regular security audits and penetration testing
  • Incident response and breach notification procedures
  • Zero-trust architecture with continuous verification

6.4 Data Breach Notification

Australian Users: In accordance with the Notifiable Data Breaches (NDB) scheme, we will notify you and the OAIC of eligible data breaches within 72 hours of becoming aware of the breach.

GDPR Users: We will notify your supervisory authority within 72 hours of becoming aware of a personal data breach, and notify affected individuals where the breach poses a high risk to their rights and freedoms.

6.5 Data Retention and Deletion

Retention Periods:

  • Active account data: Retained while your account is active
  • Assessment and compliance data: Retained for 7 years to meet audit requirements
  • Backup data: Retained for 90 days
  • Log data: Retained for 12 months for security purposes

Account Deletion:
Upon account termination:

  • User Content is made available for export for 30 days
  • Personal information is deleted within 90 days except where legal retention applies
  • Aggregated, anonymized data may be retained indefinitely for analytics
  • Backup data is deleted according to our backup retention schedule

Right to Deletion Requests:
Email privacy@cybersmart360.com.au to request data deletion. We will respond within 30 days and complete deletion within 90 days where legally permitted.

7. Intellectual Property Rights

7.1 CyberSmart360 Intellectual Property

The Service and all content, features, and functionality (including but not limited to software, algorithms, user interfaces, Framework Plugin architecture, AI models, text, graphics, logos, and design) are owned by CyberSmart360 or our licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

“CyberSmart360,” our logo, and other marks used by us are trademarks or registered trademarks of CyberSmart360 Pty Ltd. You may not use these marks without our prior written permission except as necessary to describe your legitimate use of the Service.

7.3 Framework Plugin Technology

Our Framework Plugin architecture and related technology are proprietary to CyberSmart360. Patents may be pending. You may not copy, modify, or create derivative works based on this technology.

7.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into our products and services without compensation or attribution to you.

7.5 Open Source Software

The Service may incorporate open source software components subject to separate license terms. These licenses are available upon request and do not alter your obligations under these Terms.

8. Third-Party Services and Integrations

8.1 Third-Party Integrations

The Service allows integration with third-party services including:

  • Microsoft 365, Azure AD, Active Directory
  • Amazon Web Services, Google Cloud Platform
  • Zoho CRM, Xero Accounting
  • Auth0, Stripe
  • Other services as documented

Your use of these integrations is subject to the terms and conditions and privacy policies of the respective third parties.

8.2 Third-Party Responsibility

We are not responsible for:

  • The availability, accuracy, or functionality of third-party services
  • Third-party service changes that affect integrations
  • Data practices of third-party service providers
  • Disputes between you and third-party service providers

8.3 Integration Authorization

By enabling integrations, you authorize us to:

  • Access your accounts with third-party services as necessary to provide integration features
  • Retrieve data from third-party services for assessment and compliance purposes
  • Store credentials and access tokens securely in encrypted form

You may revoke integration authorizations at any time through your account settings.

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to:

  • Scheduled maintenance (with advance notice)
  • Emergency maintenance for security or stability
  • Third-party service disruptions
  • Force majeure events

Service Level Agreements: Enterprise customers receive guaranteed uptime commitments as specified in their individual SLA.

9.2 Service Modifications

We reserve the right to:

  • Modify, update, or discontinue features of the Service
  • Add or remove Framework Plugins
  • Change system requirements or supported platforms
  • Update security protocols and requirements

We will provide reasonable notice of material changes that adversely affect your use of the Service.

9.3 Beta Features

We may offer beta, preview, or experimental features. These features are provided “as is” without warranties and may be modified or discontinued at any time without notice.

10. Warranties and Disclaimers

10.1 Australian Consumer Law

For Australian Customers: Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures with the service, you are entitled to:

  • Cancel your service contract and receive a refund
  • Retain the service and be compensated for the reduced value

You are also entitled to have the service rectified within a reasonable time. If the failure does not amount to a major failure, you are entitled to have problems rectified in a reasonable time.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the ACL or other applicable consumer protection legislation that cannot be lawfully excluded.

10.2 Service Warranties

Subject to the ACL and applicable consumer protection laws, we warrant that:

  • The Service will perform substantially in accordance with our published documentation
  • We will provide the Service with reasonable care and skill
  • We maintain appropriate security measures to protect your data

10.3 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW (subject to the ACL and applicable consumer protection laws):

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will meet your requirements or expectations
  • Warranties that the Service will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of content or data

10.4 Compliance Disclaimer

IMPORTANT: CyberSmart360 provides tools and guidance for cybersecurity framework assessments. However:

  • We do not provide legal, compliance, or cybersecurity consulting advice
  • Use of the Service does not guarantee compliance with any framework or regulation
  • You are solely responsible for achieving and maintaining actual compliance
  • Assessment results and recommendations should be reviewed by qualified professionals
  • You should consult with legal and cybersecurity professionals regarding your compliance obligations

Framework Plugins provide guidance based on publicly available framework documentation. We do not warrant that Framework Plugin content is complete, accurate, or current.

11. Limitation of Liability

11.1 Australian Consumer Law

For Australian Customers: Nothing in this Section 11 limits or excludes liability that cannot be limited or excluded under the Australian Consumer Law or other applicable consumer protection legislation.

Where the ACL applies and we breach a consumer guarantee:

  • Our liability is limited to the extent permitted by the ACL
  • For services, our liability may be limited to resupplying the services or payment of the cost of resupplying the services

11.2 Limitation of Liability (General)

TO THE MAXIMUM EXTENT PERMITTED BY LAW (subject to the ACL and applicable consumer protection laws):

IN NO EVENT SHALL CYBERSMART360 BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or exemplary damages
  • Loss of profits, revenue, data, or business opportunities
  • Loss of goodwill or reputation
  • Service interruptions or delays
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of third parties on the Service
  • Failures of third-party integrations or services
  • Your reliance on content provided through the Service

MAXIMUM LIABILITY CAP:
Subject to the ACL, our total aggregate liability arising from or related to these Terms or the Service shall not exceed the greater of:

  • The amounts paid by you to CyberSmart360 in the 12 months preceding the claim, or
  • AUD $1,000

11.3 Liability Allocation

These limitations reflect the allocation of risk between you and CyberSmart360. The Service pricing reflects these risk allocations and limitations of liability. These limitations will apply even if we have been advised of the possibility of such damages.

11.4 GDPR Liability

For EU users, nothing in these Terms limits our liability for damages under GDPR Article 82 (Right to compensation and liability).

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless CyberSmart360, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or relating to:

  • Your use or misuse of the Service
  • Your User Content or any content you submit
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your violation of any applicable laws or regulations
  • Your breach of data protection obligations
  • Unauthorized use of your account resulting from your failure to maintain security

12.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate with us in asserting any available defenses. You may not settle any claim without our prior written consent.

13. Term and Termination

13.1 Term

These Terms commence when you first access the Service and continue until terminated in accordance with this Section 13.

13.2 Termination by You

You may terminate your account at any time by:

Effect of Termination:

  • Monthly subscriptions: Access continues until the end of your current billing period
  • Annual subscriptions: Pro-rata refunds may apply within first 30 days; otherwise access continues until end of subscription period
  • No refunds for partial months or early termination (except as required by ACL)

13.3 Termination by CyberSmart360

We may suspend or terminate your account immediately without notice if:

  • You breach these Terms or our Acceptable Use Policy
  • Your account shows signs of fraudulent or unauthorized activity
  • You fail to pay fees when due (after 7-day grace period)
  • You engage in conduct that damages or disrupts the Service
  • Required by law or regulatory authority
  • We cease providing the Service (with 90 days’ notice where practicable)

13.4 Effect of Termination

Upon termination:

  • Your license to use the Service immediately terminates
  • You lose access to the Service and your account
  • User Content may be deleted after 30-day export period
  • All fees owed remain due and payable
  • Provisions intended to survive termination (including Sections 5, 6, 7, 10, 11, 12, 14) remain in effect

13.5 Data Export

Before account termination, you may export your User Content through:

We will provide reasonable assistance with data export for 30 days after termination.

14. Dispute Resolution

14.1 Australian Users – Dispute Resolution

Informal Resolution:
Before initiating formal proceedings, you agree to first attempt to resolve disputes informally by contacting support@cybersmart360.com.au. We will attempt to resolve disputes within 30 days of notification.

Formal Complaints:
If informal resolution fails, you may file a formal complaint with:

  • Office of the Australian Information Commissioner (OAIC) for privacy matters: www.oaic.gov.au
  • Australian Competition & Consumer Commission (ACCC) for consumer protection matters: www.accc.gov.au
  • Relevant state or territory consumer protection agency

Mediation:
Before litigation, parties agree to attempt mediation through a mutually agreed mediator or the Australian Disputes Centre. Mediation costs will be shared equally.

Litigation:
If mediation fails, disputes will be resolved exclusively in the courts of the Northern Territory and Federal Court of Australia, and you consent to the personal jurisdiction of these courts.

14.2 European Union Users – Dispute Resolution

EU Residents: You have the right to lodge complaints with your local supervisory authority regarding data protection matters. You may also pursue dispute resolution through your local courts or the courts where CyberSmart360 is established.

Online Dispute Resolution: EU residents may access the European Commission’s Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.

14.3 Class Action Waiver

To the extent permitted by applicable law, you agree that disputes will be resolved individually, not as part of a class, consolidated, or representative action or proceeding.

15. Additional Terms for European Union Users (GDPR)

15.1 Data Controller and Processor Roles

Controller Relationship: For most Service features, you are the data controller and CyberSmart360 is the data processor of personal data you submit to the Service.

Our Controller Activities: CyberSmart360 acts as a data controller for:

  • Account registration information
  • Billing and payment data
  • Platform usage analytics
  • Marketing communications (with your consent)

15.2 Data Processing Agreement

Enterprise customers and customers processing significant volumes of personal data receive a Data Processing Agreement (DPA) that includes:

  • Standard Contractual Clauses for international transfers
  • Details of processing activities and purposes
  • Sub-processor list and notification procedures
  • Security measures and audit rights
  • Data breach notification procedures
  • Assistance with GDPR compliance obligations

Request a DPA from privacy@cybersmart360.com.au.

15.3 Sub-Processors

We engage sub-processors to assist with service provision, including:

  • Digital Ocean (infrastructure hosting)
  • Amazon Web Services (disaster recovery)
  • Stripe (payment processing)
  • Auth0 (authentication services)

A complete sub-processor list is available at cybersmart360.com.au/sub-processors. We will notify you of sub-processor changes with 30 days’ notice.

15.4 Data Subject Requests

We will assist you in responding to data subject requests (access, rectification, erasure, restriction, portability, objection) within your account. Contact privacy@cybersmart360.com.au for assistance.

15.5 Data Protection Impact Assessments

Upon reasonable request, we will provide information to assist with Data Protection Impact Assessments (DPIAs) where our processing is likely to result in high risk to data subjects.

15.6 Cross-Border Transfers

EU to Australia Transfers:

  • We have applied for and are monitoring Australian adequacy status under GDPR
  • Standard Contractual Clauses are in place for all EU customer data
  • We conduct transfer impact assessments and implement supplementary measures
  • EU customers may request data storage within EU regions

Transfer Safeguards:

  • Encryption in transit and at rest
  • Access controls and authentication requirements
  • Regular security audits
  • Binding corporate rules under development

15.7 Supervisory Authority

Lead Supervisory Authority: [To be determined based on EU establishment or representative location]

Contact: You may contact your local supervisory authority with complaints or concerns about our data processing practices.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you have entered into with CyberSmart360, constitute the entire agreement between you and CyberSmart360 regarding the Service and supersede all prior agreements, communications, and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of CyberSmart360.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets with notice to you. Your continued use after such assignment constitutes acceptance.

16.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, or strikes.

16.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and CyberSmart360. You are an independent contractor and have no authority to bind CyberSmart360.

16.7 Notices

To You: We may provide notices via email to your registered email address, through the Service interface, or by posting on our website. You consent to receive electronic communications and agree that such communications satisfy any legal requirement for written notice.

To Us: You may provide notice to CyberSmart360 at:

Email: legal@cybersmart360.com.au

Postal Address:
CyberSmart360 Pty Ltd
[Physical Address]
Northern Territory, Australia

Notices to CyberSmart360 are effective when received.

16.8 Export Controls

You represent and warrant that you are not located in a country subject to Australian or international trade embargo, and are not on any Australian or international government list of prohibited or restricted parties. You will comply with all applicable export and import control laws.

16.9 Government Use

If you are a government entity or using the Service on behalf of a government, you acknowledge that the Service and related documentation are “commercial items” as defined by applicable procurement regulations, and your rights are limited to those specified in these Terms.

16.10 Language

These Terms are drafted in English. Any translations provided are for convenience only, and the English version governs in case of conflict.

16.11 Survival

Sections that by their nature should survive termination will survive, including but not limited to: Intellectual Property Rights, User Content licenses granted to us, Warranties and Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

17. Contact Information

For Questions About These Terms:

CyberSmart360 Pty Ltd
ABN: [To be assigned]

Email: legal@cybersmart360.com.au
Support: support@cybersmart360.com.au
Privacy: privacy@cybersmart360.com.au

Postal Address:
[Physical Address]
Northern Territory, Australia

For EU Data Protection Inquiries:
EU Representative: [If appointed under GDPR Article 27]
Data Protection Officer: privacy@cybersmart360.com.au

18. Acknowledgment

By clicking “I Accept,” creating an account, or using the Service, you acknowledge that:

  1. You have read and understood these Terms
  2. You agree to be bound by these Terms
  3. You have the authority to enter into these Terms
  4. You understand your rights under Australian Consumer Law (if applicable) or GDPR (if applicable)
  5. You consent to electronic communications from CyberSmart360
  6. You understand this is a legally binding agreement

Last Updated: October 21, 2025
Version: 1.0

IMPORTANT NOTICES:

Australian Consumer Law: Your rights under the Australian Consumer Law cannot be excluded. Nothing in these Terms limits your consumer guarantees or remedies under Australian law.

GDPR Rights: If you are in the EU/EEA/UK, you have specific rights regarding your personal data. See our Privacy Policy and contact privacy@cybersmart360.com.au for more information.

Professional Advice: These Terms do not constitute legal, compliance, or cybersecurity advice. Consult appropriate professionals regarding your obligations.