Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Shadow Intelligence Pty Ltd ABN [Insert ABN] ("ShadowIQ", "we", "us", or "our") governing your access to and use of the ShadowIQ threat intelligence platform and services.

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our services.

2. Service Description

ShadowIQ provides a threat intelligence platform that:

• Aggregates security alerts from multiple sources
• Provides AI-powered risk analysis and triage
• Tracks traveler locations for corporate security operations
• Delivers real-time security notifications via email and SMS
• Generates executive reports and analytics

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time with reasonable notice.

3. Eligibility

• You must be at least 18 years of age
• You must have the authority to bind your organization to these Terms
• You must provide accurate and complete registration information
• You must comply with all applicable laws and regulations

4. Account Registration

4.1 Authentication: We use Microsoft Azure AD for authentication. You are responsible for maintaining the security of your Azure AD credentials.

4.2 Account Security: You agree to:

• Keep your account credentials confidential
• Notify us immediately of unauthorized access
• Accept responsibility for all activities under your account
• Enable multi-factor authentication when available

4.3 Account Suspension: We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

5. Subscription Plans & Billing

5.1 Plans: We offer Core ($599 AUD/month), Pro ($1,199 AUD/month), and Enterprise ($2,500 AUD/month) subscription plans.

5.2 Billing:

• Subscriptions are billed monthly in advance via Stripe
• All prices are in Australian Dollars (AUD) and exclude GST
• Payment must be made by credit card or other approved methods
• Failed payments may result in service suspension

5.3 Trials: Trial periods (14 or 30 days) are granted at our discretion and may be subject to limitations.

5.4 Refunds: Subscription fees are non-refundable except as required by law or at our sole discretion.

5.5 Upgrades/Downgrades: Plan changes take effect at the next billing cycle. Downgrades may result in loss of features or data.

5.6 Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

6. Acceptable Use Policy

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our software
• Use the service for illegal surveillance or harassment
• Scrape, data mine, or extract data using automated means
• Resell or redistribute our services without authorization
• Interfere with other users' access to the platform
• Impersonate any person or entity

7. Intellectual Property

7.1 Our IP: All content, features, and functionality of the ShadowIQ platform are owned by Shadow Intelligence Pty Ltd and protected by Australian and international copyright, trademark, and other intellectual property laws.

7.2 License: We grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes only.

7.3 Your Data: You retain all rights to data you submit to our platform. You grant us a license to process your data to provide our services.

7.4 Feedback: Any suggestions or feedback you provide may be used by us without compensation or attribution.

8. Data Privacy & Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Points:

• We comply with GDPR and Australian Privacy Principles
• Location tracking requires explicit consent
• You have the right to access, correct, and delete your data
• We use third-party processors (OpenAI, Stripe, Twilio) under data processing agreements

9. Service Level & Availability

9.1 Uptime: We strive for 99.9% uptime but do not guarantee uninterrupted access.

9.2 Maintenance: We may perform scheduled maintenance with reasonable notice. Emergency maintenance may occur without notice.

9.3 Support: Support is provided via email (support@shadowiq.io) during Australian business hours (9am-5pm AEST).

10. Disclaimers & Limitations

10.1 "AS IS" Basis: Our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

10.2 Intelligence Accuracy: Threat intelligence is derived from third-party sources and AI analysis. We do not guarantee accuracy, completeness, or timeliness of information.

10.3 Decision Making: Our platform is a decision support tool. You are responsible for all decisions made based on our intelligence.

10.4 Emergency Services: Our platform is NOT a substitute for emergency services. In case of emergency, contact local authorities (000 in Australia, 112 in EU).

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Shadow Intelligence Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.

11.2 Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

11.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or matters that cannot be excluded under Australian law.

12. Indemnification

You agree to indemnify and hold harmless Shadow Intelligence Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your use or misuse of our services
• Unauthorized access to your account due to your negligence

13. Termination

13.1 By You: You may terminate your account at any time via Settings → Privacy & Data → Delete My Account.

13.2 By Us: We may terminate or suspend your access immediately if you:

• Breach these Terms
• Engage in fraudulent activity
• Fail to pay subscription fees
• Use the service in a manner that harms us or other users

13.3 Effect of Termination: Upon termination, your access will cease, and we may delete your data after a 30-day grace period.

14. Governing Law & Dispute Resolution

14.1 Governing Law: These Terms are governed by the laws of New South Wales, Australia.

14.2 Jurisdiction: You agree to the exclusive jurisdiction of the courts of New South Wales.

14.3 Disputes: Before filing a lawsuit, you agree to attempt good faith resolution by contacting legal@shadowiq.io.

14.4 Class Actions: To the extent permitted by law, you agree to resolve disputes on an individual basis and waive participation in class actions.

15. Modifications to Terms

We may update these Terms from time to time. Material changes will be notified via email or platform notification at least 30 days before taking effect.

Continued use after changes constitutes acceptance. If you do not agree, you must terminate your account.

16. General Provisions

16.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shadow Intelligence Pty Ltd.

16.2 Severability: If any provision is found invalid, the remaining provisions remain in full effect.

16.3 No Waiver: Our failure to enforce any right does not constitute a waiver of that right.

16.4 Assignment: You may not assign these Terms without our consent. We may assign them to any successor or affiliate.

16.5 Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

17. Contact Information