1. About the Website

• Welcome to www.demysti5.com (the ‘Website‘). The Website provides digital Cybersecurity services (the ‘Services‘) defined in the “services” section.
• The Website is operated by Demysti5 Pty Ltd(ACN ). Access to and use of the Website, or any of its associated Products or Services, is provided by Demysti5 Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
• Demysti5 Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Demysti5 Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
• Any time we use the term “Website“, we also refer to mobile application. These services also apply to Android and Apple mobile applications downloaded from Google Play or the Apple Store.

2. Services

• Cyber Danger Score : This score is determined by your responses to the questions asked during the onboarding process and following signup, and it gives you an idea and is an indication of the risks and threats you might encounter online.
• Secure Score : This score tracks your progress in improving your overall cyber security and is based on the tasks you complete in the improve section. This result does not guarantee that you won’t be compromised.
• Identity Risk : This is based on a dark web scan, which depends on outside services and gives you a clue as to whether your email address was exposed in any data leaks. This is applicable to the email address used to register for the service.
• Device Security : This is determined by the tasks completed in the Improve section of the device security section.
• Secure Habits : These are general recurring habits to change your online behaviour.
• Rewards : These are in-app rewards earned for completing in-app tasks or actions.
• Improve : This comprehensive plan includes tasks, instructional videos, and tool recommendations to enhance your overall cyber security. Even after being enabled, the tasks may not completely protect you because they are based on general principles. The suggested tools are based on our analysis and testing, and we are not responsible for any shortcomings/faults/issues/vulnerabilities in any third-party tools; instead, we advise you to get in touch with the original tool vendor for assistance.
• Advice: This offers general guidance without considering the circumstances to prevent cyber incidents and to recover from incidents, and some sections depend on third-party services. The suggestions are general in nature, so they might not be effective for everyone. We urge you to exercise due diligence before acting because the result of the advice could change suddenly.

Collectively (a) (h) form part of the Services

• Our service provides educational scores to users such as the Secure Score, Cyber Danger Score, and Identity Risk. These scores are based on the information provided by the user and by using third party services and are intended for educational purposes only. They are not a guarantee of security and should not be used as a sole basis for making any decisions.

3. Acceptance of the Terms

• You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Demysti5 Pty Ltd in the user interface.

4. Subscription to use the Services

• Our service offers both free and paid features. Free features include access to basic services and features, while paid features offer additional services and features at an additional cost detailed in the pricing page. By using our service, you understand that some features may require payment before they can be accessed. Payment for these features will be processed through Stripe, a third-party payment processor. By purchasing these features, you agree to Stripe’s terms of service and privacy policy.
• In order to access some Services, you must first purchase a subscription through the Website (the ‘Subscription‘) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee‘). The Subscription fee is to be paid monthly in advance.
• The Subscription will renew automatically every month until it is cancelled in accordance with clause 11.
• In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
• Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account‘).
• As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
•       Email address
•       First Name
•       Last Name
• You warrant that any information you give to Demysti5 Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
• Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period‘).
• You may not use the Services and may not accept the Terms if:
• you are not of legal age to form a binding contract with Demysti5 Pty Ltd; or
• you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

5. Your obligations as a Member

• As a Member, you agree to comply with the following:
• you will use the Services only for purposes that are permitted by:
• the Terms; and
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Demysti5 Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
• access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Demysti5 Pty Ltd providing the Services;
• you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Demysti5 Pty Ltd;
• you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Demysti5 Pty Ltd for any illegal or unauthorised use of the Website; and
• you acknowledge and agree that any automated use of the Website or its Services is prohibited.
• If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Demysti5 Pty ltd. Competitors are not permitted to use or access any information or content on our application. If you breach this provision, Demysti5 Pty ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

6. Payment

• All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
• You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
• You agree and acknowledge that Demysti5 Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

7. Refund Policy

 Demysti5 Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Demysti5 Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund‘).

8. Copyright and Intellectual Property

• The Website, the Services and all of the related products of Demysti5 Pty Ltd are subject to copyright. The material on the Website is protected by copyright under

the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Demysti5 Pty Ltd or its contributors.

• All trademarks, service marks and trade names are owned, registered and/or licensed by Demysti5 Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
• use the Website pursuant to the Terms;
• copy and store the Website and the material contained in the Website in your device’s cache memory; and
• print pages from the Website for your own personal and non-commercial use.

Demysti5 Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Demysti5 Pty Ltd.

• Demysti5 Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
• business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

• You may not, without the prior written permission of Demysti5 Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
• You may not, If you access the Site via a mobile application, then we grant you revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application, (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
• Protection of Proprietary Framework

1. Proprietary Rights: The improve framework and all related materials, including but not limited to text, images, and code, are proprietary and owned by Demysti5 Pty Ltd. You acknowledge that the framework is protected by copyright laws and that any unauthorized reproduction, distribution, or commercial use of the framework is strictly prohibited.
2. Reverse Engineering: You agree not to reverse engineer, decompile, or disassemble the framework or any of its components for any purpose.

• Confidentiality: You agree to keep the framework confidential and not disclose it to any third parties without the prior written consent of Demysti5 Pty Ltd.

1. Notification of Infringement: You agree to promptly notify Demysti5 Pty Ltd of any unauthorized use or infringement of the framework.
2. Termination: Demysti5 Pty Ltd may terminate this agreement and your access to the framework at any time if you breach any of the terms of this agreement.
3. Indemnification: You agree to indemnify and hold Demysti5 Pty Ltd harmless from any and all damages, costs, and expenses, including reasonable attorneys’ fees, arising from your unauthorized use of the framework or any breach of this agreement

9. Privacy

• Demysti5 Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Demysti5 Pty Ltd’s Privacy Policy, which is available on the Website.

10. General Disclaimer

• Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
• all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• Demysti5 Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Demysti5 Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Demysti5 Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Services or any of the products of Demysti5 Pty Ltd; and
• the Services or operation in respect to links which are provided for your convenience.

• The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application, (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application, (4) you must comply with applicable third-party terms of agreement when using the mobile application, eg, if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
• The Site may contain (or you may be sent via the Site) links to other websites (Third-Party Websites”) as well as articles, photographs, text, graphics, pictures designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties(“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy. appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site including the content accuracy offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content, Inclusion of linking to, or permitting the use or Installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us if you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

11. Limitation of liability

• Demysti5 Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
• You expressly understand and agree that Demysti5 Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
• We cannot gurantee your safety online, all we do is we can increase your safety, this is not a gurantee of, you will not be hacked
• Demysti5 is not liable to you in any way with respect to Third Party Websites and Third Party Contracts and its your own responsibility to perform your own due diligence if you intend to rely on any content on any Third Party Websites and Third Party Contracts.
• As part of our improve framework, we require users to enable certain security features on other apps or services in order to improve overall security. By using our services, you acknowledge and agree that Demysti5 Pty Ltd is not responsible for any consequences, losses, or inconvenience that may result from the use of these security features on other apps or services. You further acknowledge and agree that the vendors or providers of such security features are solely responsible for their functionality and performance. Demysti5 Pty Ltd will not be held liable for any failure or malfunction of these security features, and any claims or damages arising from their use will be directed to the vendor or provider.
• The services provided by Demysti5 Pty Ltd are intended for personal use only. You agree not to use the services for commercial or business purposes without the express written consent of Demysti5 Pty Ltd. Any unauthorized commercial use of the services may result in immediate termination of your account and access to the services without refund or compensation. Demysti5 Pty Ltd reserves the right to pursue any and all legal remedies against unauthorized commercial use of the services.
• Our services may recommend or suggest the use of third-party tools to enhance your overall security. These tools may be paid and require separate payment to the vendors. By using our services, you acknowledge and agree that Demysti5 Pty Ltd is not responsible for any costs associated with the use of these third-party tools. You further acknowledge and agree that the vendors or providers of such tools are solely responsible for their functionality and performance, and any claims or damages arising from their use will be directed to the vendor or provider. Demysti5 Pty Ltd will not be held liable for any failure or malfunction of these tools, and it is the user’s responsibility to pay any costs associated with their use.
• Our services are intended for individuals who are at least 18 years of age. By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are under 18, you may not use our services without the supervision and consent of a parent or legal guardian.

12. Termination of Contract

• The Terms will continue to apply until terminated by either you or by Demysti5 Pty Ltd as set out below.
• If you want to terminate the Terms, you may do so by:
• not renewing the Subscription prior to the end of the Subscription Period;
• providing Demysti5 Pty Ltd with 5 days’ notice of your intention to terminate; and
• closing your accounts for all of the services which you use, where Demysti5 Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Demysti5 Pty Ltd via the ‘Contact Us’ link on our homepage.

• Demysti5 Pty Ltd may at any time, terminate the Terms with you if:
• you do not renew the Subscription at the end of the Subscription Period;
• you have breached any provision of the Terms or intend to breach any provision;
• Demysti5 Pty Ltd is required to do so by law;
• the provision of the Services to you by Demysti5 Pty Ltd is, in the opinion of Demysti5 Pty Ltd, no longer commercially viable.
• Subject to local applicable laws, Demysti5 Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Demysti5 Pty Ltd’s name or reputation or violates the rights of those of another party.

13. Indemnity

• You agree to indemnify Demysti5 Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• any breach of the Terms.

14. Dispute Resolution

• Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by mediation in accordance with the ACICA Mediation Rules. The mediation shall take place in Melbourne and be administered by the Australian Centre for International Commercial Arbitration (ACICA).
• If the dispute has not been settled pursuant to the said Rules within 60 days following the written invitation to mediate or within such other period as the parties may agree in writing, the dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators is 1.

15. Venue and Jurisdiction

• In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in Melbourne, VIC, Australia.

16. Governing Law

• The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

• Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.