Terms of Service

LAST UPDATED: 15/05/2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES (AS DEFINED HEREIN), YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CLYPTIS PTY LTD ("Clyptis," "we," "us," or "our") governing your access to and use of Clyptis’s websites, applications, software, products, and services, including but not limited to Awaremate (collectively, the "Services").

1. Definitions

In addition to terms defined elsewhere in these Terms, the following definitions shall apply:

"Affiliate" means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party, where "control" means the direct or indirect ownership of more than fifty percent (50%) of the voting power or equity interests of an entity.
"Content" means any data, text, software, music, sound, photographs, graphics, video, messages, tags, interactive features, or other materials that may be viewed on, accessed through, or contributed to the Services.
"Clyptis Content" means all Content that is not User Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content, contained on the Services and owned, controlled, or licensed by or to Clyptis.
"Intellectual Property Rights" means all past, present, and future rights of the following types, which may exist or be created under the laws of any jurisdiction in the world: (i) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask work rights; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents and industrial property rights; (v) other proprietary rights in intellectual property of every kind and nature; and (vi) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in subsections (i) through (v) of this definition.
"User Content" means any Content that a User posts, uploads, publishes, submits, transmits, or otherwise makes available on or through the Services.

2. Agreement to Terms

a. By accessing or using the Services, you confirm that: (i) you have read, understood, and agree to be bound by these Terms; (ii) you are of legal age to form a binding contract with Clyptis (being at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is older); and (iii) you have the authority to enter into these Terms personally or on behalf of any entity you have named as the user, and to bind that entity to these Terms.

b. Supplemental terms and conditions or documents that may be posted on or within the Services from time to time, including but not limited to our Privacy Policy (available at https://clyptis.com/legal/privacy/), are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

3. Changes to Terms or Services

a. Clyptis reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, as determined in our sole discretion, we will use reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. Such notice may be provided by posting the updated Terms on our website, within the applicable Services, by sending an email to the address associated with your account, or through other reasonable means.

b. Your continued access to or use of the Services after the effective date of such changes will constitute your acceptance of the revised Terms. If you do not agree to the new terms, you must cease all access to and use of the Services.

c. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that Clyptis shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

4. Eligibility and Account Registration

a. To access certain features of the Services, you may be required to register for an account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

b. You are responsible for safeguarding your Account password and for any activities or actions under your Account, whether or not you have authorised such activities or actions. You agree to notify Clyptis immediately of any unauthorised use of your Account.

c. The Services are not intended for individuals under the age of eighteen (18) (or the applicable age of majority). By using the Services, you represent and warrant that you meet this age requirement. Clyptis reserves the right to suspend or terminate your Account if we suspect you do not meet this requirement.

5. Scope of Services and Use of Services

a. Clyptis grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, and to access and view Clyptis Content, solely for your personal, non-commercial purposes, or for internal business purposes if expressly permitted for specific Services, subject to your compliance with these Terms.

b. You acknowledge that your use of the Services is at your sole risk. The Services are provided for informational, community interaction, or other specified functionalities. Clyptis does not guarantee the accuracy, completeness, reliability, or timeliness of any Content provided through the Services.

6. User Obligations and Prohibited Conduct

a. You agree not to use the Services for any purpose that is prohibited by these Terms or by applicable law. You are solely responsible for all your activity in connection with the Services and for your User Content.

b. You shall not (and shall not permit any third party to):

Post, upload, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
Post or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Post any User Content that infringes any Intellectual Property Rights or other proprietary rights of any party;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
Attempt to gain unauthorized access to the Services, other Users' Accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means;
Collect or store personal data about other Users without their express and informed consent and in compliance with applicable privacy laws;
Use the Services for any illegal or unauthorized purpose, including but not limited to violating any applicable local, state, national, or international law;
Engage in any conduct that could disable, overburden, damage, or impair the proper working or appearance of the Services, such as a denial-of-service attack or distributed denial-of-service attack;
Circumvent or attempt to circumvent any content filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
Use the Services for emergency purposes. The Services are not designed or intended for use in emergencies or to connect to emergency services. You must contact appropriate authorities directly in case of an emergency;
Create multiple accounts for the purpose of violating these Terms or after being banned from the Services;
Use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Clyptis servers than a human can reasonably produce in the same period by using a conventional on-line web browser, unless expressly permitted by Clyptis in writing;
Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or any part thereof;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Clyptis Content, or any features or functionality of the Services, to any third party for any reason, except as expressly permitted by these Terms.

7. User Content and Content Moderation

a. You are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. Clyptis takes no responsibility and assumes no liability for any User Content.

b. By posting, uploading, or otherwise submitting User Content to the Services, you represent and warrant that: (i) you own or have all necessary licenses, rights, consents, and permissions to use and to authorize Clyptis to use your User Content as necessary to exercise the licenses granted by you in these Terms; and (ii) your User Content, and Clyptis’s use thereof as contemplated by these Terms, will not infringe, misappropriate, or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

c. Clyptis reserves the right, but not the obligation, to monitor, screen, remove, edit, or disable access to any Content (including User Content) at any time and without notice, for any reason or no reason, including if we believe, in our sole discretion, that such Content violates these Terms or is otherwise objectionable.

8. Intellectual Property Rights

a. Clyptis IP: The Services and all Clyptis Content, including all underlying software, technology, and Intellectual Property Rights therein, are and shall remain the exclusive property of Clyptis, its Affiliates, and its licensors. Except for the limited license granted in Section 5(a), no rights or licenses are granted to you hereunder by implication or otherwise with respect to any Intellectual Property Rights owned or controlled by Clyptis or its licensors. The Clyptis name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Clyptis or its Affiliates or licensors. You must not use such marks without the prior written permission of Clyptis.

b. User Content License: You retain ownership of your User Content. However, by submitting User Content to or through the Services, you grant Clyptis a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable (through multiple tiers of sublicensees) license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with operating, providing, marketing, and improving the Services and Clyptis's business. This license includes the right for Clyptis to make such User Content available to other companies, organizations, or individuals who partner with Clyptis for the syndication, broadcast, distribution, or publication of such User Content on other media and services. You also waive, to the fullest extent permitted by applicable law, any moral rights (or equivalent rights) you may have in such User Content.

c. Feedback: If you provide Clyptis with any feedback, suggestions, ideas, improvements, or other information regarding the Services ("Feedback"), you hereby assign to Clyptis all right, title, and interest in and to such Feedback, and agree that Clyptis shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate, without restriction and without compensation to you. Clyptis will treat any Feedback you provide as non-confidential and non-proprietary.

9. In-App Purchases and Payments

a. Certain Services or features thereof may be offered on a subscription basis or may involve in-app purchases ("IAPs").

b. Pricing and Payment: The price for any IAPs will be displayed at the point of purchase. All payments for IAPs are processed through third-party payment processors (e.g., Apple App Store, Google Play Store, Stripe). Your purchase will be subject to the terms and conditions and privacy policies of the applicable payment processor. Clyptis does not collect or store your full payment card details.

c. Subscriptions: If you purchase a subscription, it may automatically renew for an additional period equal in duration to the original subscription term, at the then-current non-promotional rate, unless you cancel your subscription before the end of the current term in accordance with the procedures set by the applicable third-party platform or Clyptis.

d. Refunds: All IAPs are final and non-refundable, except where required by applicable law, including the Australian Consumer Law. If you believe you are entitled to a refund, please contact the relevant third-party payment processor or Clyptis as applicable. Clyptis will assess refund requests on a case-by-case basis in accordance with applicable law.

e. Changes: Clyptis reserves the right to modify or discontinue any features or functionalities associated with IAPs at any time, with reasonable notice where practicable. Prices for IAPs are subject to change upon notice from us.

10. Privacy

Your privacy is important to us. Our Privacy Policy, available at https://clyptis.com/legal/privacy/, explains how we collect, use, and disclose information about you. By using the Services, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.

11. Disclaimer of Warranties

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CLYPTIS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

b. CLYPTIS DOES NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

c. YOU ACKNOWLEDGE THAT YOUR USE OF AND RELIANCE ON THE SERVICES, CLYPTIS CONTENT, AND ANY USER CONTENT IS AT YOUR SOLE RISK. CLYPTIS IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY USER CONTENT OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

d. Australian Consumer Law: Nothing in these Terms is intended to exclude, restrict, or modify any non-excludable right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation ("Non-Excludable Guarantees"). If any condition, warranty, guarantee, right, or remedy is conferred on you by the Australian Consumer Law or any other applicable legislation which cannot be excluded, restricted, or modified, then to the maximum extent permitted by law, Clyptis’s liability for a breach of such Non-Excludable Guarantee is limited, at Clyptis’s option, to:

i. in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of the goods; (C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and
ii. in the case of services: (A) the supplying of the services again; or (B) the payment of the cost of having the services supplied again.

12. Limitation of Liability

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLYPTIS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "CLYPTIS PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

I. YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
II. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
III. ANY CONTENT (INCLUDING CLYPTIS CONTENT AND USER CONTENT) OBTAINED FROM OR THROUGH THE SERVICES;
IV. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
V. ANY OTHER MATTER RELATING TO THE SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CLYPTIS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE CLYPTIS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO CLYPTIS FOR ACCESS TO AND USE OF THE SPECIFIC SERVICE(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM; OR (II) ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00).

c. THE LIMITATIONS SET FORTH IN THIS SECTION 12 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR ANY MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING ANY LIABILITY ARISING FROM A BREACH OF A NON-EXCLUDABLE GUARANTEE UNDER THE AUSTRALIAN CONSUMER LAW (TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED AS SET OUT IN SECTION 11(d)), OR FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE CLYPTIS PARTIES.

13. Indemnification

You agree to defend, indemnify, and hold harmless Clyptis and the Clyptis Parties from and against any and all claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party (including any Intellectual Property Rights, or rights of privacy or publicity); or (e) any dispute or issue between you and any third party (including other Users). Clyptis reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Clyptis in asserting any available defenses.

14. Term and Termination

a. These Terms shall remain in full force and effect while you use the Services.

b. Clyptis may, in its sole discretion, suspend or terminate your Account and/or your access to or use of all or part of the Services at any time, with or without notice, for any reason or no reason, including, without limitation, if Clyptis believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

c. You may terminate your Account and these Terms at any time by ceasing all use of the Services and, if applicable, deleting your Account through the functionality provided within the Services or by contacting us.

d. Upon termination of your Account or these Terms for any reason: (i) all rights and licenses granted to you under these Terms will immediately cease; (ii. you must immediately cease all use of the Services; and (iii) provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions (Section 8), warranty disclaimers (Section 11), limitations of liability (Section 12), indemnification (Section 13), governing law and dispute resolution (Section 16), and general provisions (Section 18).

e. Clyptis shall not be liable to you or any third party for any termination of your access to the Services.

15. Third-Party Services, Links, and Content

a. The Services may contain links to third-party websites, applications, services, or resources, and may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) (collectively, "Third-Party Services").

b. You acknowledge and agree that Clyptis is not responsible or liable for: (i) the availability, accuracy, legality, or appropriateness of such Third-Party Services; or (ii) the content, products, or services on or available from such Third-Party Services. The inclusion of, or linking to, Third-Party Services does not imply any endorsement by Clyptis.

c. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Services. Your use of Third-Party Services is subject to the terms and conditions and privacy policies of the applicable third-party providers.

d. Clyptis may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and provide the Services. This is done in accordance with our Privacy Policy.

16. Governing Law and Dispute Resolution

a. Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without giving effect to any choice or conflict of law provision or rule.

b. Jurisdiction: You irrevocably agree that the courts of Queensland, Australia, shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

c. Informal Dispute Resolution: Clyptis is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. You agree that you will notify us of any dispute you have with Clyptis regarding these Terms or our Services by contacting us via our Contact Page. Before resorting to formal legal proceedings, you agree to try to resolve the dispute informally by contacting us first. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or Clyptis may bring a formal proceeding.

d. No Class Actions: YOU AND CLYPTIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. No Connection to Emergency Services

THE SERVICES ARE NOT INTENDED FOR, AND MAY NOT BE USED TO, CONTACT OR COMMUNICATE WITH ANY EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS (E.G., POLICE, FIRE DEPARTMENTS, OR HOSPITALS). YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ACCESS TO TRADITIONAL EMERGENCY SERVICES. CLYPTIS AND THE CLYPTIS PARTIES DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES FOR EMERGENCY PURPOSES OR YOUR FAILURE TO CONTACT EMERGENCY SERVICES DIRECTLY.

18. General Provisions

a. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or additional terms published by Clyptis on or within the Services that are expressly incorporated by reference, constitute the entire agreement between you and Clyptis concerning your access to and use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

b. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Clyptis’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Clyptis may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

c. No Waiver: The failure of Clyptis to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any term of these Terms shall be effective unless in writing and signed by an authorised representative of Clyptis. Any waiver of any provision of these Terms will be effective only if in writing and signed by Clyptis.

d. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

e. Force Majeure: Clyptis shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

f. Notices: Any notices or other communications provided by Clyptis under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

g. Headings: The headings in these Terms are for convenience only and shall not affect their interpretation.

h. No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

19. Contact Information

If you have any questions about these Terms or the Services, please contact Clyptis via our Contact Page.