Giving Back Program Terms

1. About these terms

These Giving Back Program Terms (“Program Terms”) are between you and NIMIS Cybersecurity Pty Ltd (ABN 25 619 710 655) (“NIMIS”, “we”, “us”, “our”). They apply when you apply for or participate in the NIMIS Startups discount or the NIMIS Charities program (each, a “Program”). By applying, you agree to these Program Terms. If you apply on behalf of an organization, you represent that you are authorized to bind that organization.

2. Relationship to other agreements

These Program Terms supplement, and are subordinate to, our other agreements. For any security testing you purchase or run, the NIMIS Pentesting Services Agreement applies. If there is any conflict between these Program Terms and the NIMIS Pentesting Services Agreement, our Terms of Service, or any other agreement between us (for example a data processing addendum, our Privacy Policy, or region-specific terms), that other agreement prevails to the extent of the inconsistency. These Program Terms cover only the discount or support offered under a Program.

3. Eligibility

• Startups. You must be an unfunded startup. If you have raised institutional or venture funding, you are not eligible.
• Charities. You must be a registered charity and provide a valid charity registration number.
• We may ask for information to confirm eligibility, and we may verify it. We may decline any application at our discretion.

4. The programs are discretionary

Participation in a Program, and any discount or support offered, is at our sole discretion. Nothing in these Program Terms is a promise or entitlement to a discount, to support, or to any particular price. We may decline, pause, withdraw, or change a Program, or any offer under it, at any time.

5. Startups discount

• The discount is 50% off the Point-in-Time plan only. It does not apply to any other plan.
• Any discount code we issue is one-time use, non-transferable, and limited to one per startup.
• The discount cannot be combined with any other offer, discount, or promotion.
• The discount has no cash value and is not redeemable for cash or credit.
• The discount applies to the plan price in effect at the time the code is redeemed.
• Codes may have an expiry date, after which they cannot be used.

6. Charities program

Support for registered charities is arranged by enquiry and on a case-by-case basis. Any support is confirmed by us in writing, and until it is confirmed, nothing is guaranteed. We may set conditions on the scope of support.

7. Use of your name and logo

As a condition of participating, you grant NIMIS a non-exclusive, worldwide, royalty-free license to use your name and logo to identify you as a participant in a Program, in our marketing and related materials. You represent that you have the right to grant this license. You may ask us to stop future use of your name and logo by contacting us, and we will do so within a reasonable time.

8. Your responsibilities

You agree that the information you give us is accurate and complete, that you meet the eligibility criteria, and that you will tell us promptly if that changes. Discounts and support are for the applicant organization only and must not be resold or transferred.

9. Misuse

If you misrepresent your eligibility, or otherwise breach these Program Terms, we may revoke the discount or support, cancel the related order, and recover the value of any discount already applied. This is in addition to any other rights we have.

10. Privacy

We handle the personal data in your application in line with our Privacy Policy.

11. Changes

We may update these Program Terms at any time. Changes take effect when we post the updated Program Terms with a revised “Last updated” date. Applying after changes are posted means you accept the updated Program Terms.

12. Governing law

These Program Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia, and the courts of Victoria have exclusive jurisdiction, consistent with our Terms of Service.

13. Contact

If you have questions about these Program Terms, please contact us.