Terms of Use

1. Permitted Use

You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the Services strictly in accordance with these Terms and any applicable enterprise agreement. The Services are intended for business-to-business (B2B) use by authorised personnel only.

2. Prohibited Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any local, state, national, or international law.
• Attempt to gain unauthorised access to the Services, other user accounts, or computer systems connected to the Services.
• Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available.
• Reverse-engineer, decompile, or disassemble any part of the Services or their underlying technology.

3. Accounts

To access certain features, you may be required to register for an account. You must provide accurate, current, and complete information and keep this information up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

4. Controlled Materials

Access to certain documents, architectural blueprints, or technical briefings ("Controlled Materials") may be granted subject to separate non-disclosure agreements (NDAs) or specific approval processes. You agree to maintain the strict confidentiality of all Controlled Materials and not to distribute or reproduce them without our explicit written consent.

5. Intellectual Property

All content, features, functionality, code, platform layout, branding assets, custom icons, strategy definitions, and architecture are owned by Incyda Technology Services Pty Ltd, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, reverse-engineer, or host replicates of our platform frameworks.

6. Confidentiality

You agree to protect the confidentiality of our proprietary information and not to disclose it to any third party without our prior written consent, except as required by law.

7. Third-Party Services

The Services may contain links to third-party websites or services that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

8. User-Provided Data

You retain all rights to the data, information, or material that you submit to the Services ("User Data"). By submitting User Data, you grant us a worldwide, royalty-free, non-exclusive licence to host, copy, and use your User Data solely to provide the Services to you.

9. Decision-Support Boundaries

The Services, including INCYDA-CTRL and INCYDA-APEX, provide decision-support tools. They produce structured draft assurance outputs and assist authorised decision-makers. They do not replace authorised human judgement, make official security, legal, or procurement determinations, or provide legal or regulatory advice. The user assumes full responsibility for verifying and authorising assessments.

10. Availability

We strive to ensure the Services are available at all times; however, we do not guarantee uninterrupted access. We may temporarily suspend the Services for maintenance, updates, or other reasons without prior notice.

11. Warranties

The Services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, Incyda Technology Services Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

15. Variation

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms.

16. Contact Details

If you have any questions about these Terms, please contact us at info@incyda.com.