Effective Jan 19, 2026
Effective Jan 19, 2026
Note: We may update this policy at any time by posting the revised version on our website. We recommend that you review our website regularly to stay current with any policy changes.
Welcome to CyberHeed! We provide cybersecurity services (Services), as set out in more detail in each order for Services (Order).
If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean CyberHeed (ACN 64 694 161 165).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms. We have a different set of terms for our MSSP partners.
Please read these Terms carefully before you accept. We draw your attention to:
1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
1.2 Subject to your compliance with these Terms, we will provide you with access to the Services.
1.3 Each Order will set out the Services we will provide, whether the Services will be accessed via an API, the term of the Order, and the fees for the Services.
1.4 Where we require access to your premises or computer systems in order to provide the Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.
1.5 Where the Services include the provision of an API, you agree to only use the API in accordance with the documentation that we provide.
1.6 We will not be responsible for any other services unless expressly set out in these Terms or in an Order.
1.7 If we provide you with access to any new or beta services, you acknowledge that you use them at your own risk and we have no obligation to maintain or provide error corrections.
1.8 Where you engage third parties to operate alongside the Services, those third parties are independent of us and you are responsible for the goods or services they provide.
1.9 We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use the Services after the notice or 60 days after notification (whichever date is earlier), you agree to the amended Terms.
2.1 Professional Use: You acknowledge that the Services are intended for use by qualified professionals with appropriate cybersecurity or technical expertise who will exercise independent professional judgment.
2.2 AI-Generated Output: You acknowledge that the Services may use artificial intelligence and machine learning technologies to generate assessments, recommendations, scripts and other outputs, and that such outputs are probabilistic in nature and may contain errors or inaccuracies. You agree that you must independently verify, review and approve all outputs before relying on them.
2.3 Exclusion of Regulatory Fines and Penalties: To the maximum extent permitted by law, we will not be liable for any regulatory fines, statutory penalties, government-imposed fines or sanctions.
2.4 Point-in-Time Assessments: Any assessments, compliance statuses, reports or recommendations provided by the Services are point-in-time estimations based on Your Data at the time of assessment.
2.5 Decision Support Only: The Services provide decision support, information and analytical tools only, and do not constitute professional cybersecurity advice, certifications or guarantees.
3.1 You must sign up for an Account in order to access and use the Services.
3.2 You may invite Authorised Users to access and use the Services under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms.
3.3 While you have an Account with us, you agree to keep your information up-to-date, keep usernames and passwords secure, and notify us of any unauthorised access.
3.4 If you close your Account, you and your Authorised Users will lose access to the Services.
4.1 The Fees for the Services will be set out in each Order. You must pay all amounts due in accordance with the payment terms set out in the Order.
4.2 We may offer free trials for certain Services. At the end of the free trial, you will either begin to be charged or lose access.
4.3 Details of our Services, including features, limitations, fees and billing cycles are set out on the Order.
4.4 Cancellation: All subscriptions continue for the agreed Subscription Term. At the end of each Subscription Term, your subscription will be automatically renewed. If you wish to cancel, you may do so through your Account, taking effect at the end of your current Subscription Term.
4.5 We may modify subscription fees for your next Subscription Term with at least 60 days' notice.
4.6-4.9 Payment methods, fraud prevention, late payment consequences, and tax responsibilities are set out in full in the complete terms available upon request.
5.1 During the Term, we grant you and your Authorised Users a right to use our Services in accordance with these Terms. This right cannot be transferred to any other person.
5.2 Access rights vary based on the type of service (one-time purchases vs subscriptions).
5.3 You must not access or use the Services in any way that is improper, breaches any laws, interferes with the Services, introduces viruses, or attempts to access unauthorised data.
6.1 While we strive to always make the Services available, we do not promise 100% availability.
6.2 We are not liable for disruptions caused by third parties such as cloud hosting providers.
6.3 We will try to provide reasonable notice of any disruptions.
7.1 We own all intellectual property rights in the Services.
7.3 You are responsible for ensuring uploaded data does not contain unnecessary personal information.
7.4 We do not own Your Data, but you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services.
7.7 We may create anonymised statistical data from Your Data for our own purposes.
8.1 You agree not to use our confidential information, and to take reasonable steps to protect it. We agree to do the same for your confidential information.
8.3 We collect, hold and disclose Personal Information in accordance with our privacy policy.
9.1 These Terms do not restrict your Consumer Law Rights.
9.2 If you accept these Terms in Australia, nothing excludes your rights under the Australian Consumer Law.
10.1 To the maximum extent permitted by law, we will not be liable for issues caused by your computing environment, unauthorised access to Your Data (unless caused by our gross negligence), your actions or inactions, or use by unauthorised persons.
10.2 You warrant that Your Data is accurate, complete, and up-to-date. We have no duty to verify Your Data.
10.3 Neither party is liable for Consequential Loss. Our aggregate liability is limited to fees paid in the 12 months preceding the event.
11.1 We may suspend access where we reasonably believe there has been unauthorised access or use.
11.2 We may terminate these Terms for non-payment, unremedied breach, discontinuation of Services (with 90 days' notice), or insolvency events.
11.3 You may terminate for unremedied breach by us.
11.5 Upon termination, we will delete Your Data from active systems within 60 days, except data we are legally required to retain.
12.1 Assignment: You may not transfer these Terms without our consent.
12.2 Disputes: Must first be resolved in good faith before court proceedings.
12.4 Governing law: These Terms are governed by the laws of Victoria, Australia.
12.8 Notices: Notices to us must be sent to [email protected].
12.9 The Services do not constitute financial, legal or risk management advice.
Account means an account accessible to the individual or entity who signed up to the Services.
Authorised User means a user invited to use the Services through your Account.
Consequential Loss includes any consequential, special or indirect loss, loss of profit, revenue, business, goodwill, opportunity, savings, reputation, or data.
Liability means any expense, cost, liability, loss, damage, claim, notice, demand, proceeding or judgment.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable.
Your Data means any data, content or information owned by you that is uploaded to the Services.