Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or an entity) and Risk Ninja Pty Ltd ("Risk Ninja", "we", "us", or "our") governing your access to and use of the Risk Ninja platform, including our website at riskninja.co, our application at app.riskninja.co, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" refers to both you individually and that organisation.

If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

Risk Ninja provides a cloud-based governance, risk, and compliance (GRC) management platform that enables organisations to:

• Manage and track organisational risks through risk registers
• Monitor compliance with various security frameworks and standards
• Conduct risk assessments and maintain audit trails
• Generate reports and analytics for security and compliance management

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Accounts

3.1 Registration

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorised access to your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You may not share your account credentials with others or allow others to access your account. We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

3.3 Age Requirement

The Service is not intended for use by individuals under 18 years of age. By using the Service, you represent that you are at least 18 years old.

4. Acceptable Use

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

• Use the Service in any way that violates any applicable law or regulation
• Use the Service to transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorised access to any portion of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any robot, spider, or other automatic device to access the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Remove, alter, or obscure any proprietary notices on the Service
• Use the Service to store or transmit infringing, defamatory, or otherwise unlawful material
• Resell or redistribute the Service without our prior written consent

5. Customer Data

5.1 Ownership

You retain all rights to any data, information, content, or materials you submit to the Service ("Customer Data"). We do not claim any ownership rights in your Customer Data.

5.2 License

You grant us a limited, non-exclusive, worldwide license to use, copy, store, and process your Customer Data solely to provide the Service to you and as otherwise permitted by our Privacy Policy.

5.3 Responsibility

You are solely responsible for the accuracy, quality, and legality of your Customer Data and the means by which you acquired it. You represent and warrant that you have all necessary rights to submit Customer Data to the Service.

5.4 Data Protection

We will process your Customer Data in accordance with our Privacy Policy and applicable data protection laws. We implement appropriate technical and organisational measures to protect your Customer Data.

6. Payment Terms

6.1 Fees

Access to certain features of the Service requires payment of fees as set forth on our pricing page. All fees are quoted in Australian Dollars (AUD) unless otherwise specified.

6.2 Billing

We will bill you in advance on a recurring basis (monthly or annually, depending on your chosen billing cycle). Your subscription will automatically renew unless you cancel before the renewal date.

6.3 Taxes

All fees are exclusive of applicable taxes (including GST). You are responsible for paying all taxes associated with your use of the Service.

6.4 Refunds

Except as required by law, all fees are non-refundable. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period.

6.5 Fee Changes

We may change our fees at any time. We will provide you with at least 30 days' notice before any fee increase takes effect.

7. Intellectual Property

7.1 Our Rights

The Service and its original content, features, and functionality (excluding Customer Data) are owned by Risk Ninja and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription term.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

8. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Service will be accurate or reliable
• Any errors in the Service will be corrected

The Service is a tool to assist with governance, risk, and compliance management. It does not constitute legal, regulatory, or professional advice. You are solely responsible for ensuring your organisation's compliance with applicable laws and regulations.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RISK NINJA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorised access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Risk Ninja and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Customer Data

11. Termination

11.1 By You

You may terminate your account at any time by contacting us or using the account cancellation feature in the Service.

11.2 By Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

11.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• You may request export of your Customer Data within 30 days
• We may delete your Customer Data after 30 days
• All provisions that should survive termination shall survive, including ownership, warranty disclaimers, and limitations of liability

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia for the resolution of any disputes arising from these Terms or the Service.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

For significant changes, we will provide at least 30 days' notice before the changes take effect. If you do not agree to the modified Terms, you must stop using the Service.

14. Contact Us

If you have any questions about these Terms, please contact us at: