Acceptance
These Terms of Service (Terms) form a binding agreement between you and Nexus Cyber Pty Ltd (ABN to be confirmed) (the operator, we, our, us) and govern your use of the DMARC Hub service (the Service).
By signing in to the Service, or by accepting these Terms when prompted at sign-in, you agree to be bound by them. If you are accepting these Terms on behalf of an organisation, you warrant that you have the authority to bind that organisation, and references to you include both you personally and that organisation.
If you do not agree with these Terms, do not sign in to or use the Service.
The Service
The Service ingests DMARC aggregate reports from mailboxes you configure, parses them, attributes sender traffic, and surfaces the results through a web interface and structured email notifications. Specific features are described in the in-app documentation and may evolve from time to time without notice; we will not materially reduce existing functionality you rely on without reasonable notice.
We provide the Service on a subscription basis to organisations that have entered into a separate commercial agreement with us, and to users that those organisations have authorised. You acknowledge that if your organisation's subscription ends, your access to the Service ends with it.
Your account
You are responsible for keeping your account credentials secret and for all activity that occurs under your account.
You must:
- Choose a password of at least 12 characters that is not reused on other services.
- Notify us promptly if you suspect your account has been compromised. The Service includes a self-service "sign out of all devices" facility on the Account page; use it.
- Not share your account credentials with anyone or allow anyone else to use your account.
- Notify your organisation's administrator when you no longer need access, so the account can be revoked.
Administrative users (admin and super-admin roles) carry additional responsibility for the integrity of the Service for their organisation and must keep their credentials proportionately secure. Where 2-factor authentication is available we expect administrative users to enable it.
Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or in breach of any applicable law, including the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), the Criminal Code Act 1995 (Cth), and analogous laws in other jurisdictions where applicable.
- Attempt to gain unauthorised access to any part of the Service, including by attempting to bypass authentication, authorisation, or rate-limiting mechanisms.
- Configure the Service to poll a mailbox you are not authorised to access, or to monitor email authentication for a domain you do not control.
- Use the Service to send unsolicited commercial electronic messages, to scrape third-party data, or to circumvent your obligations under any agreement with a third party.
- Probe, scan, or load-test the infrastructure of the Service without our prior written consent. Coordinated, authorised security testing is welcome — contact us first.
- Reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent that applicable law permits despite this restriction (sections 47B–47H of the Copyright Act 1968 (Cth) being relevant in Australia).
We may suspend or terminate access for any user or organisation that breaches these Acceptable Use rules, with notice where practicable.
Your data
You retain ownership of the data your organisation submits to the Service, including the DMARC aggregate reports ingested through your mailbox sources, the domain configuration you create, and the sender-attribution overrides you author.
You grant us a non-exclusive licence to host, process, and back up that data solely to provide the Service to you and to comply with our obligations under these Terms.
We will return or delete your data on request when your subscription ends, subject to the retention timeframes in our Privacy Policy and any legal-hold obligations.
Intellectual property
We retain all intellectual property rights in the Service software, the user interface, the sender-attribution catalog we curate, and the documentation we publish. These Terms do not transfer any of those rights to you.
Feedback you provide to us about the Service may be used by us without obligation to you, but is never personal information beyond the contact details associated with the feedback.
Australian Consumer Law and limitation of liability
Under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), certain consumer guarantees apply to services supplied to consumers and cannot be excluded, restricted, or modified. Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy that you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
Subject to the preceding paragraph, and to the extent permitted by law:
- We provide the Service on an "as is" and "as available" basis. We make no warranties beyond those required by law.
- We are not liable for indirect, consequential, incidental, or special losses (including loss of profit, loss of revenue, loss of goodwill, loss of anticipated savings, or loss of or corruption of data) arising out of or in connection with the Service.
- Our total aggregate liability to you in any 12-month period under or in connection with the Service is limited to the fees you (or your organisation) paid us in respect of the Service during that 12-month period, or AUD 100 — whichever is greater.
- Where our liability arises in respect of a service for which the Australian Consumer Law allows the supplier to limit liability under section 64A, we elect to limit our liability to either re-supplying the Service or paying the cost of re-supplying it.
Service availability
We aim to keep the Service available continuously, but it is provided on a commercially reasonable best-effort basis. We may need to take the Service offline for maintenance, upgrades, or to respond to security incidents; we will give reasonable notice where the maintenance is planned.
We are not liable for unavailability caused by events outside our reasonable control, including outages at upstream cloud providers (AWS, Microsoft 365), DNS infrastructure failures, or events of force majeure.
Termination
You may stop using the Service at any time. Account closure should be requested through your organisation's administrator; if you are an organisation administrator, contact us directly.
We may terminate or suspend your access immediately, with notice where practicable, if you breach these Terms, if your organisation's subscription ends, or if continued provision would cause us to breach a legal or regulatory obligation.
On termination, you must stop using the Service. Provisions that by their nature should survive termination (intellectual property, limitation of liability, governing law, our right to retain data as required by law) survive.
Changes to these Terms
We may update these Terms from time to time. The effective date and version identifier at the top of this page indicate the current version. When we make material changes, we will request your renewed acceptance at your next sign-in. Continuing to use the Service after that renewed acceptance constitutes agreement to the updated Terms.
Prior versions of these Terms are available on request.
Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts for any dispute arising under or in connection with these Terms — but nothing in this clause restricts our ability to seek injunctive relief in any jurisdiction where you operate the Service.
Contact
Nexus Cyber Pty Ltd
Service operations: ops@nexuscyber.com.au
Legal notices: legal@nexuscyber.com.au
Postal address: to be confirmed at publication.