Terms of Service

1. About these Terms

These Terms of Service (“Terms”) are a legal agreement between you and NIMIS Cybersecurity Pty Ltd (ABN 25 619 710 655) (“NIMIS”, “we”, “us”, “our”). They govern your access to and use of the NIMIS Intelligence website and our related public-facing content, forms, and communications (together, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services. If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation.

2. Relationship to other agreements

These Terms cover the public website only. They do not grant any right to use the NIMIS platform, software, APIs, dashboard, or security-testing capabilities. Those are governed by separate written agreements, which prevail over these Terms to the extent of any inconsistency for the activity they cover:

• the NIMIS Pentesting Services Agreement, which you must accept before enrolling any application or running any security test;
• any Master Services Agreement, Order Form, Partner Agreement, or Data Processing Addendum entered into between NIMIS and you or your organisation.

Nothing on the public website constitutes authorisation to test, probe, scan, or attack any system.

3. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Services. You must not use the Services if you are barred from doing so under the laws of any applicable jurisdiction, including export-control and sanctions laws.

4. Definitions

• “NIMIS” means NIMIS Cybersecurity Pty Ltd and its affiliates.
• “Services” means our website, content, forms, and related public-facing offerings.
• “Content” means all text, graphics, images, logos, designs, software, and other material made available through the Services.
• “You” means the individual or entity accessing the Services.

5. Acceptable use

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

• reverse engineer, decompile, scrape, harvest, or use automated means to access or extract data from the Services except as expressly permitted;
• introduce malware, attempt to gain unauthorised access, probe, scan, penetration-test, or otherwise attack the Services or NIMIS infrastructure, or interfere with their operation or integrity;
• circumvent, disable, or interfere with security or authentication features;
• misrepresent your identity, affiliation, or authority, or impersonate any person or entity;
• use the Services to infringe intellectual property or privacy rights, or to transmit unlawful, harmful, or deceptive material;
• use the Services in violation of any applicable law, regulation, or third-party right.

The right to conduct security testing exists only through the contracted platform, against verified targets, and under the NIMIS Pentesting Services Agreement. It is never granted by these Terms.

6. Accounts, forms, and submissions

Where the Services let you submit information, you are responsible for ensuring that the information is accurate and that you have the right to provide it. You are responsible for maintaining the confidentiality of any credentials associated with your use of the Services and for all activity under them. Notify us promptly of any suspected unauthorised use.

7. Intellectual property

The Services and all Content are owned by NIMIS or its licensors and are protected by intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to view and use the Services for your internal evaluation purposes. All rights not expressly granted are reserved. You must not copy, modify, distribute, sell, licence, or create derivative works from the Services or Content without our prior written permission, except as permitted by law.

8. Feedback

If you provide feedback, suggestions, or ideas, you grant NIMIS a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, incorporate, and exploit them without restriction, attribution, or compensation. You warrant that you have the right to provide such feedback.

9. Third-party services

The Services may link to or integrate third-party sites and services (for example, Google reCAPTCHA, analytics providers, or payment processors). NIMIS does not control and is not responsible for third-party content, policies, or practices. Your use of third-party services is governed by their own terms and policies.

10. Privacy

Our handling of personal data through the Services is described in our Privacy Policy, which forms part of these Terms. By using the Services you acknowledge that policy.

11. Disclaimers

To the maximum extent permitted by law, and subject to Section 13, the Services and Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

Any security information, findings, research, or outputs made available through the public Services are informational only, depend on scope, inputs, and conditions, and are not professional, legal, or security advice and not a guarantee that any system is free of vulnerabilities. Security testing of your systems is delivered only under the NIMIS Pentesting Services Agreement.

12. Limitation of liability

Subject to Section 13, to the maximum extent permitted by law, NIMIS will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, however caused, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the Services. NIMIS’s total aggregate liability arising out of or in connection with the Services and these Terms will not exceed AUD $100, reflecting that the public Services are provided free of charge.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable law that cannot lawfully be excluded, restricted, or modified (“Non-Excludable Rights”).

To the extent NIMIS is liable for a breach of a Non-Excludable Right in connection with the supply of services, and where the law permits NIMIS to limit that liability, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied. Where the Non-Excludable Right relates to goods, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, or paying the cost of replacement or repair.

14. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless NIMIS and its officers, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your misuse of the Services, your breach of these Terms, or your violation of any law or third-party right.

15. Suspension and termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have breached these Terms or to protect the Services, other users, or NIMIS. Clauses that by their nature should survive termination (including Sections 7, 8, 11–14, and 16–21) will survive.

16. Export controls and sanctions

The Services may be subject to export-control and economic-sanctions laws. You represent that you are not located in, and will not use the Services in or for the benefit of, any country or person subject to applicable sanctions, and that you will not use the Services in violation of any such laws.

17. Changes

We may modify or discontinue the Services, and may update these Terms, at any time. Material changes take effect when we post the updated Terms with a revised “Last updated” date. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.

18. Dispute resolution, governing law, and jurisdiction

• Governing law. These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia.
• Pre-action negotiation. Before commencing any proceeding (other than for urgent injunctive relief), you agree to give us written notice of the dispute and to attempt in good faith to resolve it with us for at least 30 days.
• Exclusive jurisdiction. You and NIMIS submit to the exclusive jurisdiction of the courts of Victoria and courts competent to hear appeals from them. You agree not to commence or maintain any proceeding in any other forum and consent to the stay or dismissal of any proceeding brought contrary to this clause.
• Waiver of jury trial and class actions. To the maximum extent permitted by law, each party waives any right to trial by jury and any right to commence or participate in any class, collective, consolidated, or representative action in connection with any dispute relating to these Terms. Disputes must be brought in an individual capacity only.

19. Time limit on claims

To the maximum extent permitted by law, any claim or proceeding arising out of or relating to these Terms or the Services must be commenced within twelve (12) months after the cause of action first accrued, failing which it is permanently barred. This clause does not apply where the applicable law prohibits such a limitation.

20. General

• Entire agreement. These Terms (with the Privacy Policy and any agreement referenced in Section 2) are the entire agreement between you and NIMIS regarding the public Services and supersede all prior or contemporaneous representations and understandings on that subject.
• Non-reliance. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in these Terms, and to the maximum extent permitted by law you waive any claim based on any such representation, except for liability arising from fraud or any liability that cannot be excluded by law.
• Severability. If any provision is held unenforceable, it will be read down or modified to the minimum extent necessary, and the remaining provisions remain in effect.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a corporate transaction.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Relationship. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship.

21. Contact

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