Terms of Service

Effective Date: 31 October 2025

(These Terms supersede all previous versions. Updates take effect immediately for new customers and 30 days after posting for existing customers.)

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Welcome to BrightShield, a cybersecurity solution for small and medium businesses. These Terms of Service (“Terms”) explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that BrightShield provides You with access to the Service. By registering to use the Service, You acknowledge that You have read and understood these Terms and have authority to act on behalf of any person or entity for whom You use the Service.

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1. Definitions

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“Agreement” means these Terms of Service.
“Access Fee” means the monthly fee (excluding any taxes and duties) payable by You in accordance with the Fee Schedule.
“Confidential Information” includes all information exchanged between the parties, whether in writing, electronically or orally, including the Service but not information that becomes public through authorised means.
“Data” means any data inputted by You or with Your authority into the Website.
“Fee Schedule” means the information relating to subscriptions and billing set out in the Subscription Schedule or Website, as updated by BrightShield from time to time.
“Intellectual Property Right” means any patent, trademark, copyright, moral right, design, know‑how, or similar right worldwide.
“Service” means the BrightShield cybersecurity posture management service provided via the Website.
“Website” means www.brightshield.io.
“BrightShield” means BrightShield, a registered business name of The Trustee for THE PEAKSITE TRUST, organised under the laws of Australia.
“Subscriber” means the person or entity who registers to use the Service.
“Invited User” means any person authorised by the Subscriber to use the Service.
“You” means the Subscriber and, where the context permits, an Invited User.

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2. Use of Software

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BrightShield grants You a non-exclusive, non-transferable right to access and use the Service via the Website according to Your subscription type. The Subscriber determines who may access the Service and at what level, and is responsible for all Invited Users’ activity.

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3. Your Obligations

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A. Payment and Billing Obligations:
1. All subscriptions are billed in advance according to the Fee Schedule.
2. By providing valid payment details, You authorise BrightShield to charge the Access Fee and any applicable taxes on a recurring basis until cancellation.
3. Payments are non-refundable except as required by law.
4. If any charge fails, BrightShield may suspend Your account until payment is successful.
5. You are responsible for all applicable taxes.

B. General Obligations:
You must use the Service only for lawful internal business purposes, and ensure all Invited Users comply with these Terms.

C. Access Conditions:
You must keep login credentials secure, prevent unauthorised access, and not attempt to disrupt or reverse engineer the Service.

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4. Usage Limitations

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Use of the Service may be subject to limitations such as data volume or API call limits as advised by BrightShield.

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5. Communication Conditions

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You agree to use communication tools within the Website (if any) only for lawful purposes related to the Service. BrightShield may remove any communication at its discretion.

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6. Indemnity

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You indemnify BrightShield against all claims, costs, and losses arising from Your breach of these Terms or unpaid Access Fees.

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7. Confidentiality and Privacy

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Both parties must keep Confidential Information secure and not disclose it without consent unless required by law. BrightShield’s Privacy Policy, available at www.brightshield.io/legal/privacy, forms part of these Terms.

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8. Intellectual Property and Data

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A. All Intellectual Property Rights in the Service and Website belong to BrightShield.
B. You retain ownership of Your Data. Access depends on full payment of fees. You grant BrightShield a licence to use Your Data to provide the Service.
C. Data Retention and Deletion: Upon termination, BrightShield will retain Your Data for 30 days for export, after which it will be securely deleted or anonymised unless required by law. Aggregated, de‑identified data may be retained.
D. BrightShield backs up system data daily but gives no warranty against data loss.
E. Third‑party applications may access Your Data if enabled by You; Bright Shield is not liable for such access.

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9. Warranties and Acknowledgements

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You warrant that You are authorised to use the Service and that the Service meets Your business needs. BrightShield provides the Service ‘as is’ without warranties of merchantability or fitness for purpose.

Beta or Preview Features: These are provided ‘as is’ without warranty and may be modified or withdrawn at any time.

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10. Limitation of Liability

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To the maximum extent permitted by law, BrightShield is not liable for any loss of Data, profits, or other damages arising from use of the Service. BrightShield’s total aggregate liability in any 12‑month period is limited to the Access Fees paid by You in that period. Your sole remedy if dissatisfied is to terminate under Clause 11.

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11. Termination

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A. No‑Fault Termination: You may cancel at any time; access continues until the end of the prepaid period. No partial refunds are given.
B. Breach: BrightShield may suspend or terminate access for non‑payment or breach not remedied within 14 days of notice.
C. On termination, accrued fees remain payable, and Your Data will be handled under Clause 8.C.
D. Clauses intended to survive termination do so notwithstanding termination.

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12. Help Desk and Availability

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Technical support is available viasupport@brightshield.io. BrightShield endeavours to maintain 99% monthly uptime excluding planned maintenance and events beyond its control. Advance maintenance notices will be provided where practicable.

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13. General Terms

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A. These Terms, the Privacy Policy, and related notices form the entire agreement.
B. Publicity: Unless You opt out in writing, BrightShield may identify You as a customer using name and logo in marketing materials.
C. Waiver of any breach does not constitute a continuing waiver.
D. Neither party is liable for delay due to causes beyond reasonable control.
E. Governing Law: These Terms are governed by the laws of Western Australia, and each party submits to its exclusive jurisdiction.
F. If any provision is invalid, the remainder continues in force.
G. Notices may be sent by email and are deemed received upon transmission unless undelivered.
H. Third‑Party Rights: No third party may enforce these Terms.
I. Consumers: BrightShield is for business use only; consumer law does not apply.
J. International Use: Users outside Australia are responsible for local law compliance.

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14. Dispute Resolution

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A. Good Faith Negotiation: Parties must first attempt to resolve disputes amicably within 14 days of notice.
B. Mediation: If unresolved within 30 days, disputes may be referred to mediation administered by the Resolution Institute of Australia in Perth.
C. Arbitration or Court: If still unresolved 45 days after mediator appointment, either party may commence arbitration under ACICA or court proceedings in Western Australia. The decision will be final.
D. Interim Relief: Either party may seek urgent injunctive relief to protect rights or confidential information.
E. Costs: Each party bears its own dispute‑resolution costs unless determined otherwise.

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15. Contact Information

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Questions about these Terms should be directed to support@brightshield.io.

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