Terms of Use

User Terms and Conditions

Introduction

Welcome to TRUSTYCYBER (the "Platform"), a cybersecurity gamification service provided by TRUSTYCYBER ("TRUSTYCYBER", "we", "us", or "our"). These User Terms and Conditions ("User Terms") govern your use of the Platform as an end user. By registering for an account or using the Platform, you ("User" or "you") agree to be bound by these User Terms. If you do not agree, you must not use the Platform.

The Platform is a B2B SaaS service headquartered in Australia and used by organizations worldwide. It allows Users to earn points, badges, appear on leaderboards, and redeem rewards through cybersecurity training and challenges. There are different roles on the Platform, including ordinary Users (such as employees or individual participants), Company Administrators, and Sponsors. These User Terms apply to all Users and Company Administrators. (Sponsors are governed by separate Sponsor Terms outlined separately.)

We may update these User Terms from time to time to reflect changes in our services or legal obligations. If we make material changes, we will notify you by posting the updated terms on our site or via the Platform, and updating the "last updated" date. Continued use of the Platform after such changes constitutes your acceptance of the revised terms.

Account Registration and Eligibility

Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Platform. By using the Platform, you represent that you have the legal capacity to enter into these User Terms. If you are accessing the Platform as an employee or contractor of a company or other organization (the "Company"), you represent that you are authorized by that Company to use the Platform and that you will use it in compliance with your Company’s policies.

Account Registration: To access certain features, you will need to create an account. You may be invited to the Platform by your Company’s administrator or you may self-register if permitted. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify TRUSTYCYBER immediately at our support contact (provided at the end of these terms) if you suspect any unauthorized use of your account or security breach.

Account Types: There are generally two types of user accounts: (1) a self-registered account linked to a Company based on email domain with limited access, or (2) a company admin with application administration privileges that has verified control of the domain by adding a code into its DNS 'txt' record. TRUSTYCYBER reserves the right to approve or reject account registrations and to verify your email or other details such as domain ownership (or control).>

Account Security: You are responsible for safeguarding your account. Do not share your username or password with others. TRUSTYCYBER will not be liable for any loss or damage arising from your failure to comply with these security obligations. We recommend using a strong password and enabling any available multi-factor authentication.

Use of the Platform and User Conduct

The Platform is provided for cybersecurity education and engagement. As a User, you can participate in cyber-themed challenges, quizzes, or training modules, earn points and badges, view leaderboards, and redeem rewards offered through the Platform. You agree to use the Platform for its intended purpose and in accordance with these User Terms and all applicable laws and regulations.

Prohibited Conduct: When using the Platform, you agree that you will NOT:

• Engage in any fraudulent or dishonest behavior, such as cheating in challenges, submitting false or plagiarized answers, or manipulating point totals or leaderboards.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity (including misrepresenting yourself as an administrator or as another user).
• Attempt to hack, penetrate, or disrupt the Platform’s security or functionality, introduce malware, or use the Platform in a manner that could damage, disable, or impair our servers or networks.
• Upload or transmit any content that is unlawful, offensive, threatening, libelous, defamatory, obscene, or that violates any third-party rights (including intellectual property rights and privacy rights).
• Harvest or collect information about other users without their consent, or attempt to access data that you are not authorized to access.

TRUSTYCYBER reserves the right to monitor activity on the Platform (in compliance with applicable privacy laws) to ensure compliance with these User Terms. We may suspend or terminate your account and/or revoke points or rewards if we believe, in our sole discretion, that you have violated these rules or engaged in misconduct.

Platform Changes: We may add, modify, or remove features from the Platform at any time. We will endeavor to notify users of major changes (such as removal of a significant feature or a major redesign). Continued use of the Platform after a change constitutes acceptance of the Platform as modified. We are not liable for any modification, suspension, or discontinuation of any feature of the Platform.

Company Administrators and Company Accounts

If you are a Company Administrator (an authorized representative managing your Company’s account and its invited Users on the Platform), you have additional responsibilities:

• Authority: You represent that you have the authority from your Company to create and manage the Company’s team on TRUSTYCYBER. You may invite employees/contractors of your Company to join the Platform under your Company’s account. You must only invite individuals who are current employees or authorized users associated with your Company.
• User Data Management: As a Company Administrator, you can access certain data about your Company’s Users (such as their names, email addresses, points, badges, challenge participation, and other engagement metrics). You agree to use this information solely for legitimate internal business purposes (for example, to track training progress or identify top performers) and in compliance with privacy laws and your own internal policies. You must treat employee data confidentially and not disclose it to unauthorized persons.
• Compliance and Notices: You are responsible for ensuring that your Company’s use of the Platform (including handling of personal information of Users) complies with applicable laws such as the Australian Privacy Act 1988 (Cth) and (if applicable) the EU/UK GDPR or other data protection laws. You should ensure that employees are informed about TRUSTYCYBER’s processing of their data on your behalf. If a User in your Company exercises a privacy right (e.g., requests access or deletion of their data), you should promptly communicate this to TRUSTYCYBER so we can assist in fulfilling such request.
• Inviting and Removing Users: You may add or remove Users under your Company account. If a User leaves your organization or should no longer have access, it is your responsibility to remove or deactivate their account via the administrator dashboard or by notifying TRUSTYCYBER. TRUSTYCYBER will rely on your updates to manage access appropriately and is not responsible for any unauthorized access if you fail to promptly update User status.
• Rewards Management: If your Company offers its own rewards to your Users through the Platform (for example, internal incentives like gift cards, company swag, or extra vacation days), you are responsible for fulfilling those rewards. TRUSTYCYBER’s role is only to facilitate the tracking of points and redemption requests; your Company must deliver or honor the reward as promised to the User.

Company Administrators are themselves Users as well, and all provisions of these User Terms apply to them. In case of any conflict between this section and other parts of the User Terms, this section (Company Administrators) will govern matters specific to Company administration. TRUSTYCYBER may require verification of a Company Administrator’s identity and authority (for example, through a business email verification or other proof of affiliation) before granting administrator privileges.

Privacy and Data Protection

TRUSTYCYBER takes privacy seriously. We collect, use, store, and disclose personal information only as needed to provide and improve our services, and in accordance with applicable privacy and data protection laws, including the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), the EU/UK General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA) to the extent they apply.

Data Collection: The personal information we collect may include (but is not limited to): your name, email address, contact details, employer or company association, job title, and other profile information; your activity on the Platform (such as points earned, badges, challenge results, leaderboard rankings, and rewards redeemed); and technical information (such as IP address, device type, and usage logs). If you self-register without a Company, we collect the information you provide directly. If you are invited by a Company, we may receive some information from your employer (e.g., your name and work email) to set up your account.

Use of Personal Data: We use your personal data to operate and provide the Platform’s services and features – for example, to track your progress, award points and badges, display your standing on leaderboards, and facilitate reward redemption. We also use data to communicate with you (such as service announcements, updates, or responses to support inquiries), to personalize your experience, and to improve the Platform (through aggregated analytics and feedback). TRUSTYCYBER will not use your personal data for any purpose that is incompatible with these purposes without your consent or unless required or permitted by law.

Data Sharing: TRUSTYCYBER may share your data in the following circumstances:

• With Your Company: If your account is associated with a Company, your personal data and Platform activity (e.g., points, badges, courses completed, etc.) are accessible to your Company’s authorized Company Administrators. They may use this information for internal training metrics, performance recognition, or compliance tracking in line with their organization’s policies.
• With Sponsors (Aggregated/Anonymous Data): We may share aggregated and anonymized engagement data with Sponsors who provide rewards or content on the Platform. This data might include metrics like the number of users participating in a sponsored challenge, average scores, overall engagement levels, or redemption rates. Importantly, this data will not identify you personally – Sponsors do not receive your personal information or individual usage data, unless you personally redeem a Sponsor’s reward as described next.
• With Sponsors (Reward Redemption): If you choose to redeem a reward that is fulfilled by a third-party Sponsor, we will share with that Sponsor only the information necessary to fulfill the reward (for example, your name, email, and mailing address if a physical item needs to be shipped, or just your name and email for a digital reward). We will ask for your consent at the time of redemption to share these details. The Sponsor is required to use that information solely for reward fulfillment and to protect it under applicable privacy laws (see Reward section below for more details).
• Service Providers: We use reputable third-party service providers (subprocessors) to support the Platform (for example, cloud hosting providers, email delivery services, analytics services). These providers may process personal data on our behalf for the above-mentioned purposes. We ensure that such providers are bound by appropriate confidentiality and data protection obligations and do not use your data for their own purposes.
• Legal Compliance and Protection: We may disclose personal information if we in good faith believe that such disclosure is required by law or legal process, or if it is necessary to investigate or protect against harmful activities to our users, network, or property (for example, to detect or prevent security incidents or fraud). This includes compliance with Australian laws such as mandatory data breach notification requirements and cybersecurity incident reporting obligations (for instance, under the Australian Cyber Security Act or similar regulations, if applicable). If we are required by law to disclose data (e.g., under a court order or regulatory requirement), we will, where lawful to do so, attempt to notify affected users.

International Data Transfers: TRUSTYCYBER is an Australian-based service but may process and store data on servers located in other countries (for example, we might use cloud services or backups in the United States, Europe, or other regions). If you are located outside of Australia, be aware that your personal data may be transferred to and stored in jurisdictions with different data protection laws. Where we transfer personal data out of its country of origin, we will take steps to ensure appropriate safeguards are in place (such as standard contractual clauses as approved under GDPR for EU data, or reliance on the Australian Privacy Principles for cross-border disclosures). By using the Platform, and submitting your personal information, you consent to such international transfer and processing of your data. We will ensure any overseas recipients of personal data (including Sponsors receiving information for reward fulfillment) are obligated to protect that data in line with applicable standards or we will seek your consent where required by law for the transfer.

Data Security: We implement reasonable security measures (administrative, technical, and physical) designed to protect personal information from unauthorized access, alteration, disclosure, or destruction. However, no internet or email transmission is ever fully secure or error-free, so we cannot guarantee absolute security. You also play a role in protecting your data by keeping your account credentials secure. If we become aware of a data breach that affects your personal information, we will notify you and the appropriate authorities as required by the Privacy Act (Notifiable Data Breaches scheme) or other applicable laws. For example, if a breach is likely to result in serious harm, we will notify the Office of the Australian Information Commissioner (OAIC) and affected individuals as required, and similarly, we will fulfill breach notification obligations under GDPR (to supervisory authorities and individuals, where applicable) and under other jurisdictions' laws as needed.

User Data Rights: Depending on your jurisdiction, you have certain rights regarding your personal data:

• Access and Correction: You may request access to the personal information we hold about you and request that we correct any inaccuracies. Many profile details can be updated by you directly via the Platform, or you can contact us or your Company Administrator for assistance.
• Deletion: You may request deletion of your personal data. If you have an individual (self-registered) account, contact us at the email provided below and we will delete or de-identify your personal information, except to the extent we are required to retain it for legal or legitimate business purposes. If your account is through a Company, you may request deletion through your Company or by contacting us; we may need to get confirmation from your Company before deleting data associated with their program. Note that we may retain aggregated, non-identifiable data (which is not personal information) even after an account is deleted for analytical purposes.
• GDPR (EU/UK) Specific Rights: If you are in the European Union or United Kingdom, you have additional rights under the GDPR, including the right to restrict or object to our processing of your data, and the right to data portability (to receive a copy of your personal data in a commonly used format). To the extent applicable, you can exercise these rights by contacting us. We will handle requests in accordance with GDPR and may refer you to your employer (the data controller) if your use is company-sponsored and we act as a data processor on behalf of your Company. We have a Data Protection Officer or representative for GDPR queries which you can reach via our contact email. You also have the right to lodge a complaint with your local data protection authority or the lead supervisory authority (in Australia, you can contact the OAIC; in the UK, the Information Commissioner’s Office; in the EU, your national authority).
• CCPA (California) Specific Rights: If you are a California resident, you have rights under the CCPA (as amended by the CPRA) regarding your personal information. These include the right to know what categories of personal information we collect about you and how we use and disclose it, the right to access your specific personal information, the right to request deletion of your personal information, and the right to opt-out of the sale or sharing of your personal information. TRUSTYCYBER does not sell Users’ personal information to third parties for monetary value. Any sharing of data with Sponsors for reward fulfillment or with your Company is for the purpose of providing our services and is done under strict limitations as described above (and would be considered a “business purpose” or a service provider scenario under CCPA, not a sale). We will not discriminate against you for exercising any CCPA rights. To make any CCPA-related request, please contact us via the methods at the end of these terms.

For more details on how we handle personal information, please refer to our Privacy Policy (if we have a separate comprehensive policy). These User Terms summarize key points about data handling, but the Privacy Policy (available on our website) provides additional information. In case of any conflict between these Terms and the Privacy Policy regarding data practices, the Privacy Policy will govern regarding privacy matters.

Rewards and Sponsorship

One of the features of the Platform is the ability for Users to redeem rewards based on their participation and points earned. Rewards may be provided by your Company (internal rewards), by third-party Sponsors, or by TRUSTYCYBER itself. This section explains how rewards and sponsorship work and the respective responsibilities:

• Points and Badges: As you complete challenges or training modules on the Platform, you may earn points and badges. Points are a measure of engagement and have no cash value. They cannot be exchanged for money and are only useful within the Platform for bragging rights and for redeeming designated rewards. Badges are virtual achievements. Neither points nor badges constitute property or legal rights; TRUSTYCYBER may adjust, reset, or revoke points or badges in cases of error, fraud, or if required to ensure fair play (for example, if cheating is detected).
• Reward Redemption: The Platform may list various rewards that can be redeemed using the points you accumulate. Each reward will have a required point cost and may have additional conditions (e.g., limited quantity, expiration date, or restricted to Users in certain regions or within certain companies). To redeem a reward, you must have sufficient points and meet any stated conditions. Redemption requests are typically made through the Platform interface. Once a redemption is made, the required points will be deducted from your balance. Point redemptions are generally final and non-reversible, so please be sure you want a reward before confirming.
• Company-Provided Rewards: If you are participating as part of a Company program, your Company may offer its own rewards for employees. For example, a Company might offer an extra day off, gift cards, or other perks for reaching certain point milestones. Any such Company-provided rewards are the sole responsibility of your Company to fulfill. TRUSTYCYBER does not assume any obligation to deliver these rewards; we merely provide the Platform feature that allows your Company to list and track them. Any issues or disputes regarding Company-provided rewards should be resolved between you and your Company, though we encourage you to inform us of any serious issues.
• Sponsor-Provided Rewards: Many rewards on the Platform may be offered by third-party Sponsors (for example, a security software vendor might sponsor a reward like a free software license, a gadget, or event tickets). When you redeem a Sponsor’s reward, TRUSTYCYBER will facilitate the process by collecting the necessary information from you and forwarding it to the Sponsor (as described in the Privacy section). The Sponsor is solely responsible for fulfilling the reward (including product delivery, quality, and any support or warranty that comes with it). TRUSTYCYBER is not the manufacturer or provider of Sponsor rewards and makes no warranties regarding them. We will, however, make reasonable efforts to ensure that Sponsors fulfill their promises. If you encounter an issue (for example, you did not receive a reward, or it was not as described), you can contact TRUSTYCYBER support and we will assist in communicating with the Sponsor to resolve it, but the ultimate resolution lies with the Sponsor.
• TRUSTYCYBER-Provided Rewards: Occasionally, TRUSTYCYBER itself may offer rewards (such as TRUSTYCYBER-branded merchandise or bonus content). In those cases, TRUSTYCYBER will be responsible for fulfillment and any associated obligations. Such rewards will be clearly identified as being provided by TRUSTYCYBER.
• Taxes and Compliance: Depending on your jurisdiction and the nature/value of the reward, rewards you receive might be considered taxable benefits (for example, some countries might treat a valuable item as taxable income or fringe benefit). You are responsible for any taxes or reporting obligations associated with receiving a reward. Neither TRUSTYCYBER, your Company, nor Sponsors are liable for advising you on tax matters; please consult your tax advisor if you are unsure about tax implications. If your Company or a Sponsor is required by law to report or withhold taxes for a reward, you may be asked to provide additional information (such as a tax ID) as needed. All rewards are subject to applicable law, and none will be offered in locations or situations where they would be prohibited by law (for example, we will not offer gambling, alcohol, or other regulated prizes to minors or in jurisdictions where not allowed).
• No Cash Equivalent & Non-Transferability: Rewards are not redeemable for cash (unless explicitly stated otherwise) and are personal to the user who earned them. You may not transfer, sell, or barter any points or rewards to other users. Any attempt to do so is a violation of these User Terms and may result in cancellation of the reward or termination of your account.
• Third-Party Terms: Some rewards (especially those provided by Sponsors) might come with additional terms or requirements from the Sponsor. For example, a software license reward might require you to agree to the Sponsor’s End User License Agreement (EULA), or an event ticket might be subject to the event organizer’s terms. When redeeming such rewards, you may be presented with or directed to additional terms from the Sponsor; it is your responsibility to review them. TRUSTYCYBER is not a party to those additional terms and does not have control over their content.

TRUSTYCYBER reserves the right to modify the list of available rewards, the point costs, and any applicable redemption rules at any time. We also reserve the right to disqualify Users from receiving a reward or revoke a reward (even after redemption) if we determine that the points used for redemption were obtained fraudulently or in violation of these User Terms. In such cases, we may reinstate the points or may confiscate them depending on the circumstances.

Intellectual Property Rights

TRUSTYCYBER Property: All content and materials provided on the Platform by TRUSTYCYBER, including but not limited to software, design elements, text, graphics, logos, videos, training materials, quizzes, and challenges (collectively, "Platform Content"), as well as the TRUSTYCYBER name and logo, are the intellectual property of TRUSTYCYBER or its licensors. They are protected by copyright, trademark, and other intellectual property laws. TRUSTYCYBER grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform Content solely for the purpose of participating in the TRUSTYCYBER Platform for your personal educational and professional development, in accordance with these User Terms. You may not copy, distribute, modify, create derivative works of, publicly display, or publicly perform any part of the Platform Content unless expressly permitted by us in writing. You also shall not reverse engineer, decompile, or attempt to extract the source code of any software component of the Platform, except to the extent allowed by law that cannot be waived.

User Contributions: The Platform may allow you to submit certain content, such as profile information, comments, feedback, or other materials ("User Contributions"). By submitting any User Contributions, you grant TRUSTYCYBER a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, adapt, and display your User Contributions for the purpose of operating and improving the Platform and our services. For example, if you provide feedback on a challenge or suggest a new feature, we may use and act on your feedback without any obligation to you. You represent that you have all necessary rights to submit any User Contributions and that your contributions do not infringe any third-party rights or violate any laws. TRUSTYCYBER does not pre-screen user-provided content, but reserves the right to remove or moderate any User Contributions that violate these Terms or are otherwise objectionable.

Company and Sponsor Content: Content on the Platform may also include materials provided by Companies (e.g., custom challenges or internal documents for employees) or by Sponsors (e.g., sponsor logos, challenge content, or reward descriptions). Such content remains the intellectual property of the respective Company or Sponsor. If you are granted access to such content through the Platform, you may use it only within the Platform for the intended purposes (e.g., completing a sponsored challenge or viewing your Company’s materials). You do not obtain any ownership of that content. You must not use any Company-provided or Sponsor-provided content outside the Platform or share it without permission from the owner. TRUSTYCYBER is not responsible for the content provided by Companies or Sponsors and the inclusion of such content on the Platform does not imply our endorsement of the third-party or that content’s accuracy.

Trademarks: "TRUSTYCYBER" and our logos are trademarks or service marks of TRUSTYCYBER. Other trademarks appearing on the Platform may be trademarks of their respective owners (for example, a Sponsor’s logo). You have no right or license to use any trademarks displayed on the Platform without the owner’s prior written consent, except as necessary for you to legitimately refer to the Platform or identify a Sponsor in the context of using the Platform.

Intellectual Property Infringement Claims: We respect intellectual property rights and expect Users to do the same. If you believe that any content on the Platform infringes your copyright or other IP rights, please notify us with detailed information (for example, if under U.S. law, you may send a DMCA notice; under Australian law, a similar notice of infringement). We will respond to notices of alleged infringement in accordance with applicable law and our policies, which may include removing or disabling access to the allegedly infringing material and terminating accounts of repeat infringers.

Disclaimers

The Platform and all content and services provided through it are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, TRUSTYCYBER disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee that the Platform will be uninterrupted, error-free, or secure, or that any defects will be corrected.

Specifically, while the Platform is designed to improve cybersecurity awareness and practices, TRUSTYCYBER does not warrant or guarantee that use of the Platform or completion of any challenges will prevent cyber incidents or guarantee any particular results in your or your Company’s security posture. The Platform is a supplementary educational tool and not a substitute for comprehensive cybersecurity measures. You and your Company are responsible for your own cybersecurity strategies and compliance with applicable security standards.

Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk. TRUSTYCYBER is not responsible for any damage to your computer system or loss of data that results from the download of any material or use of the Platform. Although we make efforts to screen content for malware, we do not guarantee that content accessed on the Platform or links to third-party sites are free of viruses or other harmful components.

TRUSTYCYBER does not control, and is not responsible for, any third-party content or websites that may be linked to or from the Platform (including Sponsor websites or external resources referenced in training content). Such links are provided for convenience only and do not constitute an endorsement by us. If you follow a link to any third-party site, you do so at your own risk, and you should review the terms and privacy policies of any third-party sites you visit.

In jurisdictions that do not allow the exclusion of certain warranties, some of the above disclaimers may not apply to you. In such cases, any warranties required by law are limited to the shortest period and fullest extent permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, TRUSTYCYBER and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Platform or any content or rewards obtained through it. This limitation applies to all causes of action, whether in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these User Terms, TRUSTYCYBER is found to be liable to you for any damage or loss arising out of or related to the Platform or these Terms, our total cumulative liability shall in no event exceed the greater of: (a) the amount (if any) you paid us to use the Platform in the twelve (12) months prior to the event giving rise to liability, or (b) one hundred Australian dollars (AUD $100). This limitation of liability reflects an agreed allocation of risk between you and us in relation to your use of the free or subscription-based aspects of the Platform.

Australian Consumer Law: Nothing in these Terms is intended to exclude, restrict, or modify rights which you may have under any law (including the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law) which may not be excluded, restricted, or modified by agreement. If any such law applies to you as a consumer, then to the extent that TRUSTYCYBER is entitled to do so, our liability under that law will be limited (at our option) to the re-supply of the services or the payment of the cost of having the services re-supplied.

The limitations and exclusions of liability in this section shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions (for example, certain states or countries) do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the minimum amount that the law requires us to assume.

Termination

User-Initiated Termination: You may stop using the Platform at any time. If you wish to delete your account entirely, you (or your Company Administrator, if your account is company-managed) should contact us or use any account deletion feature provided. Upon account deletion, you will lose access to the Platform, including any points, badges, or unredeemed rewards associated with your account. We are not able to restore an account once it has been fully deleted. If you leave your Company (e.g., your employment ends) and therefore lose access to the Company’s program on the Platform, you might lose access to that account and any associated points or rewards, unless otherwise arranged with your Company.

TRUSTYCYBER Termination or Suspension: We reserve the right to suspend or terminate your access to the Platform (or certain features within the Platform) at our discretion, with or without notice, if you violate these User Terms, if we suspect fraudulent or harmful activity, if required by law enforcement or other authorities, or if your account has been inactive for an extended period. We will generally attempt to provide notice and an opportunity to remedy any violation, but we are not obligated to do so if the violation is serious or repeatedly occurs.

Effect of Termination: Upon termination of your account (whether initiated by you, your Company, or by us), your right to access the Platform ceases. Any points or badges in your account may be forfeited and cannot be transferred. If you had pending reward redemptions that have not yet been fulfilled at the time of termination, please contact us – in some cases we may coordinate with your Company or the Sponsor to fulfill the reward even after termination, but we do not guarantee this especially if termination was due to misconduct or if the Company’s subscription ended. The following sections of these User Terms will survive termination and continue to apply: Privacy and Data Protection (to the extent we retain any personal data), Intellectual Property Rights, Disclaimers, Limitation of Liability, Governing Law and Dispute Resolution, and General Provisions, as well as any other clauses which by their nature or by explicit statement are meant to survive.

Closing of Platform or Program: TRUSTYCYBER reserves the right to discontinue or wind down the Platform or any portion of its services (for example, discontinuing the rewards program or gamification features) at any time. If we decide to cease operations or a part of the service, we will provide notice to Users if feasible. In the event of a complete shutdown, we may, at our discretion, provide Users an opportunity to redeem remaining points for available rewards before closure, but this is not guaranteed and may depend on the circumstances (such as insolvency, acquisition, or force majeure events).

Governing Law and Dispute Resolution

These User Terms and any dispute arising out of or in connection with them or the Platform will be governed by and construed in accordance with the laws of the State of Victoria, Australia, and the applicable federal laws of Australia, without giving effect to any conflict of law principles that would cause the laws of a different jurisdiction to apply. If you are a consumer resident in a country with mandatory consumer protection laws, nothing in this section deprives you of the protection of those mandatory laws (for example, if you are in the UK or EU, you may have certain rights to bring claims in your home jurisdiction under consumer contracts laws; however, this platform is generally provided through your employer and not as a consumer service).

Negotiation: In the event of any controversy or claim arising out of or relating to these Terms or your use of the Platform, the parties (you and TRUSTYCYBER) agree to first attempt to resolve the dispute informally by contacting the other party. You can reach us using the contact information provided below, and we will attempt to address your concerns. Most user concerns can be resolved quickly and to the user’s satisfaction through our support team.

Jurisdiction and Venue: If a dispute cannot be resolved informally, it shall be submitted to the exclusive jurisdiction of the courts of the State of Victoria, Australia (or, if those courts lack jurisdiction, the courts of the Commonwealth of Australia), unless applicable law requires otherwise. You and TRUSTYCYBER consent to the personal jurisdiction of such courts and waive any objections (such as inconvenient forum) to the jurisdiction.

Arbitration (Optional): At our sole discretion, TRUSTYCYBER may elect to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, or interpretation thereof, or to the use of the Platform, by binding arbitration in lieu of litigation, if permitted by applicable law. If we choose arbitration, we will notify you and the arbitration will be conducted in English under the rules of a reputable arbitration organization in Australia (such as the Australian Centre for International Commercial Arbitration - ACICA) before a single arbitrator. Each party will bear its own costs unless the arbitrator awards otherwise. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. By using the Platform, you agree that any arbitration or court proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action (you are waiving any right to have disputes heard as a class action or similar). If you are an individual consumer and this class action waiver is deemed unenforceable, then any requirement to arbitrate will not apply to you. (This Arbitration clause will not apply to users in jurisdictions that do not allow predispute arbitration agreements with consumers, or where arbitration is otherwise restricted by law.)

General Provisions

Entire Agreement: These User Terms, along with any policies or documents expressly referenced herein (such as our Privacy Policy or any specific rules for particular contests or programs on the Platform), constitute the entire agreement between you and TRUSTYCYBER regarding your use of the Platform as a User. They supersede any prior agreements or understandings between you and us relating to such use. However, if your Company has a separate written agreement with TRUSTYCYBER (a master services agreement or subscription agreement), that company agreement governs the relationship between TRUSTYCYBER and your Company. These User Terms are not intended to override any terms in the company agreement as between TRUSTYCYBER and the Company, but rather to provide guidelines and obligations between TRUSTYCYBER and you as an end user. In the event of a direct conflict between these User Terms and the company’s written contract with us, the company’s contract may take precedence with respect to the company’s rights and liabilities, but these User Terms will still apply to your individual conduct and responsibilities.

Changes to Terms: We may revise these User Terms from time to time. When we do, we will update the effective date at the top or bottom of this document (if provided) and post the updated Terms via the Platform or our website. If a change materially affects your rights or obligations, we will also attempt to notify you (for example, by email or by a prominent notice on the Platform). By continuing to use the Platform after the updated Terms are effective, you agree to be bound by the revised Terms. If you do not agree to the changes, you must stop using the Platform and may request deletion of your account.

Severability: If any provision of these User Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable portion shall be construed in a manner that is consistent with applicable law to reflect, as nearly as possible, the original intentions of the provision, or if that is not possible, it shall be severed from these Terms without affecting the rest of the Terms.

Waiver: No failure or delay by TRUSTYCYBER in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude further exercise of that or any other right, power, or remedy. A waiver will be effective only if it is in writing and signed by an authorized representative of TRUSTYCYBER.

Assignment: You may not assign or transfer any of your rights or obligations under these User Terms without our prior written consent. Any attempt by you to assign without consent will be null and void. TRUSTYCYBER may assign or transfer its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, or otherwise at our discretion. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Agency: No joint venture, partnership, employment, or agency relationship exists between you and TRUSTYCYBER as a result of these Terms or your use of the Platform. You are participating on the Platform as an independent individual (or employee of your Company) and nothing in these Terms shall be construed as creating any legal relationship of agent or representative.

Contact Information: If you have any questions, concerns, or feedback about these User Terms or the Platform, or if you need to contact us for any reason (including to exercise any of your statutory rights), you can reach us at:
Email: [email protected]
We will do our best to respond promptly to all legitimate inquiries.

Last updated: January 1, 2025.

Sponsor Terms and Conditions

Introduction

Thank you for your interest in partnering with TRUSTYCYBER as a Sponsor. These Sponsor Terms and Conditions ("Sponsor Terms") govern your participation as a sponsor on the TRUSTYCYBER Platform. By offering rewards, content, or otherwise participating as a sponsor in TRUSTYCYBER’s cybersecurity gamification services, you ("Sponsor" or "you") agree to these Sponsor Terms. These terms form a binding agreement between the Sponsor and TRUSTYCYBER ("TRUSTYCYBER", "we", "us", or "our"). If you have executed a separate written sponsorship or partnership agreement with TRUSTYCYBER and there is any conflict between that agreement and these Sponsor Terms, the separate signed agreement will prevail to the extent of the inconsistency. Otherwise, these Sponsor Terms apply in full.

TRUSTYCYBER’s Platform allows Sponsors to engage with our user community (typically employees of our client companies or individual cybersecurity enthusiasts) by providing rewards for participation and potentially sponsoring specific challenges or content. As a Sponsor, you may gain exposure for your brand, product, or service, and receive aggregated insights about user engagement. In doing so, you must adhere to these Sponsor Terms to ensure a positive and lawful experience for all parties.

We reserve the right to update or modify these Sponsor Terms from time to time. We will notify you of any material changes (for example, via email or through the Sponsor dashboard) and update the effective date. Your continued participation as a Sponsor after such changes indicates your acceptance of the updated terms.

Sponsor Eligibility and Registration

Eligibility: Sponsoring on the TRUSTYCYBER Platform is generally open to businesses, organizations, or individuals acting in a business capacity that offer products or services relevant or beneficial to our user community. By agreeing to these terms, you represent and warrant that you are an organization (or an individual acting on behalf of an organization) that is duly formed and in good standing under the laws of your jurisdiction, and that you have the authority to enter into these Sponsor Terms. You must be at least 18 years old and legally capable of entering contracts. TRUSTYCYBER reserves the right to decline any potential Sponsor if we determine, in our sole discretion, that the Sponsor or its offerings are not a good fit for the Platform (for example, if the Sponsor’s business is in conflict with our mission, or if there are legal/compliance concerns).

Registration and Account: To become a Sponsor, you may need to register an account or work with our team to set up your sponsorship profile. You agree to provide accurate and complete information about your organization (such as official name, contact person, business address, and contact details) and to keep such information up to date. If the Platform provides a Sponsor dashboard or interface, you will be responsible for maintaining the security of your login credentials. All activities that occur under your Sponsor account are your responsibility. Notify us promptly at [email protected] if you suspect any unauthorized access to your Sponsor account.

Approved Sponsor Content: During registration or onboarding, you will likely provide certain content to TRUSTYCYBER, including your logo, brand name, a description of your company or offerings, and details of the rewards or challenges you wish to sponsor ("Sponsor Content"). All Sponsor Content is subject to TRUSTYCYBER’s review and approval. We may require you to modify or remove certain content if we believe it does not meet our guidelines or could harm our users or reputation. You guarantee that all information you provide (including product descriptions, reward details, and any promotional messaging) is truthful, not misleading, and that you have all necessary rights to provide and license that content to us for use on the Platform.

Sponsor Responsibilities and Conduct

As a Sponsor on the TRUSTYCYBER Platform, you agree to the following responsibilities and standards of conduct:

• Provision of Rewards: You will provide the rewards or incentives that you advertise through the Platform to users who legitimately earn or redeem them. This means that if a user redeems a reward you offered (and meets all applicable criteria), you will fulfill that reward promptly and as described. Physical items should be shipped in a timely manner (and you should provide any necessary tracking information to the user via TRUSTYCYBER or directly, as appropriate). Digital items (such as license codes, vouchers, or digital services) should be delivered electronically promptly after redemption. You are responsible for all costs associated with providing and delivering your rewards (including shipping, handling, and any applicable taxes or fees on your end).
• Quality and Compliance of Rewards: All rewards you offer must be lawful, safe, and as promised. You must not offer any reward that is illegal, hazardous (unless proper safety measures and warnings are provided and it’s lawful to distribute), or that would violate any third-party rights. Additionally, rewards should be appropriate for a professional setting – no obscene or indecent items, and nothing that would reflect poorly on the trustycyber.community. You also agree to comply with any laws that might apply to the offering of your reward. For example, if you are offering a gift card or a prize of significant value, ensure you comply with any lottery, contest, or giveaway laws, as well as any export controls for items shipped internationally.
• Sponsoring Challenges or Content: If your sponsorship involves sponsoring a specific challenge, quiz, or content module on the Platform (e.g., a quiz that is "brought to you by [Sponsor]"), you may work with TRUSTYCYBER to define the content. You warrant that any content you contribute or suggest for inclusion in the challenge does not infringe on any third-party intellectual property rights and is accurate to the best of your knowledge. Sponsor-related content should be educational or relevant in a way that adds value for the users, not just purely promotional. TRUSTYCYBER reserves the right to make final decisions on content to ensure it meets our quality and educational standards.
• No Unsolicited Marketing to Users: Unless expressly permitted by the user or by TRUSTYCYBER, you will not directly contact Users for marketing purposes outside of the Platform simply because they have participated in your sponsored challenge or redeemed your reward. For example, receiving a user’s shipping address for reward fulfillment does not mean you can add them to your marketing email list (unless the user separately consents). Any communication with a user should be limited to what is necessary for delivering the reward or as facilitated through the Platform’s features. You should not ask Users to provide personal data beyond what is needed for fulfillment or require them to sign up for your services as a condition of receiving the reward, unless this was clearly stated as part of the reward description and is in compliance with applicable laws.
• Privacy and Data Protection: You must handle any personal information of Users that you receive solely for the purpose of fulfilling rewards or analyzing engagement, and you must handle it in compliance with all applicable data protection laws (see "Data Privacy and Security" section below for more details). You will implement and maintain appropriate technical and organizational measures to protect such personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration, or disclosure.
• Integrity and Fair Dealing: You will act in good faith in all interactions on the Platform. You will not engage in any activity that undermines the integrity of the Platform’s gamification (for example, you will not fraudulently create user accounts to boost participation metrics, nor falsely inflate the attractiveness of your rewards). If you are running any promotion in conjunction with your sponsorship (e.g., a special offer outside of the Platform that you advertise to participants), you will honor those commitments as well.
• Compliance with Laws: You will comply with all laws and regulations applicable to your role as a Sponsor and your provision of rewards. This includes (but is not limited to) consumer protection laws, privacy laws, anti-bribery/corruption laws, export control and sanctions laws (if shipping products internationally), and tax laws. If a law applicable to you requires you to do something in relation to the sponsorship (for example, keep records of winners of high-value prizes or report certain information to tax authorities), it is your responsibility to do so. If your jurisdiction or the user’s jurisdiction requires any formalities for the reward (such as registering a contest or obtaining permits), you must take care of those requirements.
• Representations and Warranties: You represent and warrant that you have the right to offer the rewards you propose and that doing so will not violate any contracts you have or any laws. For example, if you are offering a third-party product as a reward, you should have the rights or permission to distribute that product. You also represent that using your company name, logo, and Sponsor Content on the Platform as contemplated by these Terms will not violate any intellectual property or other rights of any third party.

Data Privacy and Security

Both TRUSTYCYBER and Sponsor have obligations to protect user data. This section describes what data may be shared with you as a Sponsor and how you must handle it:

• Aggregated and Anonymous Data: TRUSTYCYBER will provide you with aggregated, anonymized data about user engagement with your sponsored content or rewards. For example, you might receive reports on how many users participated in a challenge you sponsored, the average scores or completion rates, the number of redemptions of your reward, user feedback in aggregate, or demographic breakdowns (if available) that do not identify individuals (e.g., percentage of participants by industry or region, if such info is collected). This data will contain no personally identifiable information (PII) about individual users. TRUSTYCYBER retains ownership of the raw data collected on its Platform, but grants you a right to use the aggregated reports provided to you for your internal business purposes (such as evaluating the success of the sponsorship, or using statistics in your marketing materials like "Over 500 professionals participated in our security challenge on TRUSTYCYBER"). You agree not to attempt to re-identify any individual from the aggregated data or to combine it with other data you may have in order to ascertain personal identities.
• Personal Information for Reward Fulfillment: If a user redeems a reward that you sponsor, TRUSTYCYBER (with the user’s consent) will provide you the minimal necessary personal information to fulfill that reward. Typically, this might include the user’s name, email address, and if needed for physical shipment, a mailing address or phone number. You agree to use this personal information strictly for the purpose of fulfilling the reward and for record-keeping as required for that fulfillment. You will not use the information for any other purposes (such as marketing or profiling) unless you obtain separate clear consent from the user under a lawful basis (for example, if the user voluntarily signs up for a newsletter when claiming the reward, which must be an optional choice for the user and compliant with spam laws).
• Compliance with Privacy Laws: You agree that you are a "data controller" (or equivalent term under applicable law) for any personal data of users that you receive from TRUSTYCYBER, which means you are independently responsible for handling that data in accordance with applicable privacy and data protection laws. This includes the Australian Privacy Act 1988 (Cth) if you are subject to Australian law (or if you handle personal data of Australian users), the EU/UK GDPR if you target or handle data of individuals in Europe, the California Consumer Privacy Act (CCPA) if you handle personal data of California residents, and any other relevant laws. You will:
  • Implement appropriate safeguards and security measures to protect personal data you receive.
  • Not retain the personal data longer than necessary for fulfillment of the reward and any legal record-keeping (for instance, if you need to keep a record of prize winners for a certain period for legal reasons, you may do so, but you should not keep personal data indefinitely "just in case" without a reason).
  • Honor any valid requests from individuals regarding their personal data that you hold, such as requests to delete their data or provide a copy of it, as required by law. (In practice, since you will have minimal data, if a user contacts you or TRUSTYCYBER to exercise privacy rights concerning data you have received, you should comply, e.g., confirm you have deleted their contact info once the reward is delivered if requested.)
  • Not "sell" or "share" personal information for cross-context behavioral advertising as those terms are defined under CCPA, and not treat the data as your customer list for unrelated purposes.
  • If you are in Australia and not already bound by the Privacy Act (e.g., if your turnover is under AUD $3 million), you agree to opt-in to compliance with the Australian Privacy Principles for any personal data received through TRUSTYCYBER to ensure high standards of privacy protection.
• Data Breach and Incident Reporting: In the unfortunate event that you suffer a security incident or data breach that involves personal information of TRUSTYCYBER users (for example, if a device or email account in your company that stored a user’s reward shipping details is compromised), you agree to promptly (within 48 hours, if possible) notify TRUSTYCYBER. You will provide information about the breach and cooperate with TRUSTYCYBER in any efforts to inform affected individuals or authorities, as may be required by law. Keep in mind that under laws like the Australian Privacy Act’s Notifiable Data Breaches scheme or the GDPR, there are obligations to notify regulators and individuals when certain personal data breaches occur. TRUSTYCYBER and Sponsor will work together in good faith to address and resolve any such incidents, including determining who will contact any affected individuals or regulators (in many cases, since you hold the data independently, you may need to handle the notifications, but TRUSTYCYBER may choose to assist or notify as well).
• TRUSTYCYBER Access to Sponsor Data: We understand that in the course of our partnership, you may also provide us with certain information, some of which might be confidential (like your marketing strategies or unannounced product information if it’s part of a challenge). TRUSTYCYBER will use any Sponsor confidential information only for the purposes of the sponsorship and will protect it with similar care as we protect our own confidential information. We will not share your non-public information with third parties except as necessary for running the Platform or as required by law.

In summary, data exchanged between TRUSTYCYBER and Sponsor should be handled with respect for privacy and security. If either party becomes aware of any misuse of data or any incident, we should inform the other and cooperate to fix it.

Reward Fulfillment and Logistics

This section highlights the expectations and logistics around fulfilling rewards to Users:

• Timely Fulfillment: Once a User redeems your sponsored reward and the necessary information has been provided to you, you should fulfill the reward as soon as reasonably possible. Users will expect the reward without undue delay. If a reward is time-sensitive (e.g., an event ticket for a specific date or a limited-time software trial), ensure you deliver in advance of that date. If you foresee any delay (perhaps an item is on backorder or there is a shipping delay), communicate this to TRUSTYCYBER so that we can inform the user to manage expectations.
• Communication with User: In general, TRUSTYCYBER will facilitate the necessary communication between you and the User for reward fulfillment. For instance, the Platform might send the user a confirmation ("Your reward is on its way, Sponsor will contact you at [email] with details.") or similar. If direct communication is necessary (for example, a Sponsor sending a license key via email or coordinating delivery), you should keep such communications professional and only about the reward. Do not use the opportunity to upsell or market other products unless the user explicitly agreed to that. Always identify yourself clearly as [Your Company] fulfilling the TRUSTYCYBER reward, so the user isn’t confused by an unexpected contact.
• Costs and Expenses: As a Sponsor, you bear all costs related to providing and delivering your rewards. TRUSTYCYBER will not reimburse you for any expenses of the rewards unless explicitly agreed in a separate arrangement. This includes shipping costs, import/export duties, or any other expense. Factor these costs in when you decide to offer a reward. If a reward involves an ongoing cost (for example, a "1-year subscription" to a service you offer), you are expected to bear that cost for the year and not charge the user.
• Sponsor Inability to Fulfill: If for any reason you are unable to fulfill a reward that a user has redeemed (for example, the item became unavailable or your circumstances changed), you must immediately notify TRUSTYCYBER. It is your responsibility to find a suitable alternative for the user, subject to the user’s approval. This could be an item of equal or greater value or a different prize that the user agrees to. If no agreement can be reached with the user on a substitute, you may need to compensate the user in another way (for instance, a gift card of equivalent value) – this should be discussed with TRUSTYCYBER. Repeated failures to fulfill rewards may result in TRUSTYCYBER removing your sponsorship from the Platform and potentially seeking reimbursement for any costs or damages (including harm to TRUSTYCYBER’s reputation) caused by the failure.
• User Satisfaction and Support: You should handle any issues related to your reward that the user raises. For example, if a product arrived damaged or a license key didn’t work, you are responsible for remedying that (sending a replacement, providing a correct key, etc.) within a reasonable time. TRUSTYCYBER will assist by relaying communications if needed, but the obligation to make it right is on you as the Sponsor. Make sure to provide any necessary warranty or support information with the reward if applicable (for instance, if you gave a hardware item that has a manufacturer warranty, include that info for the user).
• Limitations on User Eligibility (if any): If your reward had specific eligibility criteria (for example, "Only available to users in the USA" or "Must be an employee of a company with over 1000 employees"), those should have been clearly stated in the reward description on the Platform. You agree not to impose any hidden conditions after the fact. If a user redeemed who technically didn’t meet the criteria due to some error, discuss with TRUSTYCYBER on how to handle it; do not simply refuse the user without coordination. We aim to avoid any such situations through clear communication upfront.

In essence, treat Users redeeming your rewards as valued customers or clients of yours. Their positive experience reflects on both your brand and TRUSTYCYBER. Poor fulfillment not only harms your reputation but also TRUSTYCYBER’s relationship with its users, so we take this seriously.

Intellectual Property and Publicity

Sponsor Intellectual Property: As a Sponsor, you retain all rights, title, and interest in your name, logos, trademarks, service marks, and any content or materials you provide to TRUSTYCYBER (such as product images, descriptions, challenge content you authored, etc.), collectively "Sponsor IP". By providing any Sponsor IP to us, you grant TRUSTYCYBER a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your Sponsor IP on the Platform and in related marketing materials for the purpose of identifying you as a Sponsor and promoting the sponsored challenges or rewards. This license includes, for example, the right to display your logo and company name on the Platform’s sponsor pages, to include your name in communications to users about your sponsored challenge or reward, and to feature your sponsorship in TRUSTYCYBER’s promotional materials (e.g., "We are excited to partner with [Sponsor]..."). We will use your trademarks in accordance with any reasonable brand guidelines you provide to us.

TRUSTYCYBER Intellectual Property: TRUSTYCYBER retains all rights in its Platform and brand. These Sponsor Terms do not grant you any rights to use the TRUSTYCYBER name, logos, or other intellectual property in your own marketing or press releases unless expressly authorized. However, we generally permit Sponsors to make factual statements that they are participating in the TRUSTYCYBER program. For example, you may say "We are a proud sponsor on TRUSTYCYBER, a cybersecurity training platform," in a press release or on your website, and you may use the TRUSTYCYBER logo for this purpose with our prior approval to ensure correct and up-to-date branding. Any use of TRUSTYCYBER’s IP should be in good taste and not suggest any false partnership or endorsement beyond the sponsorship relationship.

Content License for Challenges: If part of your sponsorship involves providing original content (for example, you wrote a case study or quiz questions that are presented to users), you retain ownership of that content. You however grant TRUSTYCYBER a license to use, reproduce, modify (if needed for formatting or clarity), and display that content on the Platform for the duration of the sponsorship. TRUSTYCYBER may also keep that content available to users who participated in the challenge for a reasonable time after the sponsorship ends (for example, users might still see the questions and their answers in their history). If you need the content removed immediately after the sponsorship, please make this clear in advance (otherwise, by default, we assume we can let users review past challenge content they engaged with). You warrant that any such content you provide does not infringe third-party rights and is either originally created by you or you have permission to use it and license it to us.

Feedback: If you provide any suggestions or feedback to TRUSTYCYBER about improving the Platform or our partnership, we may use and implement that feedback without any obligation to you. Any improvements or modifications to the Platform that result from your feedback are owned by TRUSTYCYBER.

Publicity: TRUSTYCYBER may include your name and logo in lists of Sponsors on our website, presentations, or marketing materials. Similarly, you may publicly refer to yourself as a "Sponsor of TRUSTYCYBER’s platform" during the term of your sponsorship. If either party wishes to issue a press release or public announcement about the sponsorship, it should obtain prior consent from the other party (except for the aforementioned general references). We find mutual benefit in promoting success stories, so we are open to joint announcements — just coordinate with us.

Fees and Payment (if applicable)

Depending on the nature of our arrangement, there may be sponsorship fees or other financial terms. (For example, some sponsorships might be in-kind where you provide rewards of a certain value in exchange for exposure, while others might involve a monetary fee for platform access or premium placement.) The specifics of any fees or payments will be detailed in a separate order form, invoice, or written agreement between you and TRUSTYCYBER. The following general terms apply if there are any fees involved:

• Invoices and Payment Terms: TRUSTYCYBER will invoice you for any agreed sponsorship fees. You agree to pay invoices within the timeframe stated on the invoice (typically, for example, 30 days from receipt, unless otherwise specified). Payments shall be made in the currency and method agreed (likely Australian dollars via bank transfer or other accepted payment methods). You are responsible for any bank fees or transfer charges.
• Taxes: All fees are exclusive of taxes (GST, VAT, sales tax, etc.) unless expressly stated. You are responsible for any applicable taxes on the sponsorship fees. If TRUSTYCYBER is required to collect indirect taxes (like GST for Australian sponsors or VAT for EU sponsors) we will add that to the invoice. Each party is responsible for its own income taxes. If any withholding tax is required by law, you may deduct it from the payment but you must gross up the payment such that TRUSTYCYBER receives the full amount it would have received absent the withholding. Also, provide us with documentation of the withholding and payment to the authorities so we can claim credit.
• No Refunds (Generally): Sponsorship fees are generally non-refundable once paid, except in cases of material breach by TRUSTYCYBER or if the sponsorship is cancelled by TRUSTYCYBER without cause. For instance, if you paid for a 3-month sponsorship and TRUSTYCYBER terminates the sponsorship early without you being at fault, we would refund the unused portion of the fee. However, if you decide to withdraw early or if we terminate due to your breach of these terms, you are not entitled to a refund for any unused period.
• Late Payments: If you fail to pay any amount due by the due date, TRUSTYCYBER reserves the right to suspend your Sponsor benefits (e.g., we might pause your sponsored content or remove rewards temporarily) until payment is received. We may also charge interest on overdue amounts at a reasonable rate (for example, 1.5% per month or the highest rate permitted by law, whichever is lower) from the due date until paid. You will be responsible for any costs of collection (such as legal fees) for significantly overdue payments.
• Sponsorship Value In-Kind: In some cases, instead of or in addition to a monetary fee, part of your sponsorship commitment may be the provision of goods or services (the rewards themselves) of a certain value. If so, those goods/services are considered provided in exchange for the benefits you receive on the Platform. You should ensure the agreed-upon value is delivered (for example, if you promised to provide 100 units of something and only 50 get redeemed, that might be fine, but if all 100 are redeemed you need to honor 100). If you fail to deliver the promised in-kind contribution, TRUSTYCYBER may treat that as a breach and seek remedies including compensation for the undelivered value.

Confidentiality

In the course of the sponsorship, either party may receive confidential or proprietary information about the other’s business, products, or strategies. For example, you might learn about upcoming TRUSTYCYBER features or user statistics that are not public, and we might learn about your new product launch plans before they are public. Both parties agree to treat any information marked as confidential or that should reasonably be understood to be confidential as such, and not to disclose it to any third party or use it for any purpose outside the scope of the sponsorship without consent from the other party.

Confidential information does not include information that is already public through no breach of these terms, was independently developed without reference to the confidential info, or is rightfully obtained from a third party who has the right to disclose it. If we have a separate Non-Disclosure Agreement (NDA) in place, that will also cover our communications; in absence of a separate NDA, this section serves as our mutual confidentiality agreement.

If either party is required by law or court order to disclose the other’s confidential information, it will give prompt notice (if legally permitted) to the other party to allow that party to seek a protective order or otherwise contest the disclosure. The duty of confidentiality continues even after the sponsorship or these Terms end, for a period of at least 2 years, or indefinitely for trade secrets as long as they remain trade secrets.

Disclaimers

The TRUSTYCYBER Platform is provided "as is" and "as available", and TRUSTYCYBER makes no special guarantees to Sponsors regarding the outcome of the sponsorship. While we will endeavor to promote your contributions and provide a valuable experience, we do not guarantee any particular level of user engagement, number of impressions, leads, or ROI from your sponsorship. You acknowledge that user participation can vary and is not under TRUSTYCYBER’s control (for example, we cannot force users to redeem a reward or guarantee they will purchase your products in the future).

TRUSTYCYBER disclaims all warranties and representations, express or implied, to Sponsors, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be error-free or uninterrupted, or that any errors will be corrected. We also do not guarantee the accuracy or completeness of any user data or feedback provided; any insights we share are based on the data available and are for informational purposes.

You as Sponsor understand that you use the Platform and engage in the sponsorship at your own risk. You are responsible for ensuring that the sponsorship (and any content or rewards you provide) meets your objectives and any legal obligations. TRUSTYCYBER will not be responsible for any business loss, loss of opportunity, or any indirect or consequential damages you may suffer in relation to the sponsorship.

In jurisdictions that do not allow exclusion of certain warranties, our disclaimer will apply to the maximum extent permitted. Nothing in these Sponsor Terms is intended to guarantee any outcome or create any warranty not expressly stated herein.

Limitation of Liability

To the fullest extent permitted by law, TRUSTYCYBER’s total liability to you (the Sponsor) for all claims, losses, or damages arising under or related to these Sponsor Terms or the sponsorship shall be limited to the amount of fees paid by you to TRUSTYCYBER for the sponsorship in the twelve (12) months preceding the event giving rise to the liability (or, if the sponsorship has not lasted 12 months yet, the total fees paid to date). If your sponsorship is in-kind or no fees were paid, then TRUSTYCYBER’s total liability shall be limited to AUD $100 or the value of the benefits you received from the sponsorship (whichever is less).

TRUSTYCYBER shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, goodwill, anticipated savings, or business opportunities, whether caused by negligence, breach of contract, or otherwise, even if foreseeable or if we have been advised of the possibility of such damages. For example, we are not liable for your loss of potential sales or contacts because a challenge did not have as many participants as you hoped, or for damage to your brand due to user feedback, etc.

Furthermore, TRUSTYCYBER will not be liable for any claims or damages arising from: (a) your provision of the rewards (including product liability claims, which are your responsibility; see Indemnification below), (b) your use of data beyond what is permitted, or (c) any third-party actions or content (like if a user posts something defamatory about your product during a challenge — though we would remove inappropriate content once noticed, we aren’t liable for the user’s statements).

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law. For instance, if under a relevant law TRUSTYCYBER is liable for certain guarantees or damages that cannot be disclaimed in a business-to-business context, those will remain in effect to the minimum extent required. However, since you are likely not a "consumer", many consumer protection laws may not apply to this B2B relationship. In any case, if any law implies warranties or obligations that cannot be excluded, our liability for breach of such implied conditions will be limited (where permitted) at our option to supplying the services again or paying the cost of having the services supplied again (similar to the approach under Australian Consumer Law, if it were to apply).

Indemnification

You (the Sponsor) agree to indemnify, defend and hold harmless TRUSTYCYBER, its affiliates, and their respective directors, officers, employees, and agents (the "Indemnified Parties") from and against any and all third-party claims, demands, suits, or proceedings, and all related liabilities, damages, judgments, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees) that arise from or relate to:

• Reward or Product Liability: Any death, personal injury, property damage, or other damage or loss resulting from the use or provision of your reward. (For example, if you provided a hardware device that malfunctions and injures someone, or software that causes damage, or even an experience that leads to an injury, you are responsible for any such claims.)
• Violation of Law by Sponsor: Your breach of any applicable laws or regulations in connection with your sponsorship activities, including privacy/data protection laws, consumer laws, or contest laws. (For instance, if you failed to comply with a law and a regulator or individual brings a claim, you must cover TRUSTYCYBER if we are implicated due to our association with you.)
• Breach of Sponsor Terms: Your breach of these Sponsor Terms or any representation/warranty you made herein. For example, if you provided content that infringes someone’s IP and they sue TRUSTYCYBER for hosting it, or if you fail to deliver a reward and a user sues TRUSTYCYBER, you will cover those losses.
• Data Incidents: Any security breach or misuse of personal data by you that causes damage to users or TRUSTYCYBER. If, for example, your mishandling of user data leads to a legal claim by the user against TRUSTYCYBER, you need to indemnify us.

We (TRUSTYCYBER) will promptly notify you of any such claim and will reasonably cooperate (at your expense) in the defense. You will have the right to control the defense and settlement of any indemnified claim, provided that you do not settle any claim in a manner that admits fault by TRUSTYCYBER or imposes non-monetary obligations on us without our prior written consent. We reserve the right, at our expense, to participate in the defense with counsel of our choosing, but you will have primary control as long as you are diligently defending the claim.

This indemnification obligation will survive the termination or expiration of your sponsorship and these Sponsor Terms.

Term and Termination

Term of Sponsorship: These Sponsor Terms become effective when you agree to them and, unless terminated earlier in accordance with this section, remain in effect for as long as you continue to participate as a Sponsor on the Platform. If your sponsorship is for a defined period (e.g., a 3-month campaign), the term will automatically end after that period, but certain provisions (like confidentiality, indemnities, etc.) will survive as noted below. We may also have an ongoing sponsorship relationship without a fixed end date, in which case these terms continue until terminated by either party.

Termination by TRUSTYCYBER: TRUSTYCYBER may suspend or terminate your sponsorship and/or Sponsor account for convenience by providing you with at least 30 days’ prior written notice. Additionally, TRUSTYCYBER may suspend or terminate immediately (or on shorter notice) if you materially breach these Sponsor Terms or any other agreement with us and fail to cure the breach (if curable) within 10 days after receiving notice of the breach. A material breach includes, for example, failing to fulfill rewards, engaging in illegal or unethical conduct, or any action that in our judgment could harm the safety of users or the reputation of TRUSTYCYBER. In the event of termination for your breach, TRUSTYCYBER may remove your Sponsor Content from the Platform and cancel any of your pending rewards (in which case we may have to compensate users or substitute rewards, and we reserve the right to seek recovery of those costs from you as part of our damages).

Termination by Sponsor: You may terminate your participation as a Sponsor by giving at least 30 days’ written notice to TRUSTYCYBER (so we have time to wind down any ongoing challenges or remove rewards gracefully). If you have a separate agreement or specific term commitment, you should adhere to that (e.g., you might not be able to terminate early without penalty if you agreed to a 6-month sponsorship unless TRUSTYCYBER breaches). Upon termination by you, you must still honor any reward redemptions that were already made by users prior to the effective termination date, even if fulfillment will occur after termination. If you terminate and there are still users who have unredeemed points intended for your rewards, TRUSTYCYBER may at its discretion allow users to redeem them before the end of the notice period, or substitute equivalent rewards from other sources after you leave.

Effect of Termination: Upon termination or expiration of your sponsorship, TRUSTYCYBER will remove or archive your Sponsor profile and offerings from the Platform. Any of your licenses to our IP and vice versa will end (except that each party may retain archival copies of materials and the right to refer to the past sponsorship factually). Any fees owed by either party up to the termination date become immediately due. Users who have already received rewards from you won’t be affected, but they may no longer be able to redeem new rewards from you. Sections of these Sponsor Terms which by their nature should survive (such as confidentiality, data protection obligations regarding data already received, indemnification, limitation of liability, and governing law/dispute resolution) will survive termination.

Non-Exclusivity: Unless otherwise agreed, termination of your sponsorship does not prevent TRUSTYCYBER from working with your competitors or other sponsors, and it does not prevent you from engaging in similar sponsorship on other platforms or events. Our relationship is non-exclusive. You agree that upon termination, you have no right or expectation of any continuing relationship with TRUSTYCYBER or access to our users, beyond any specific post-termination provisions set forth herein.

Governing Law and Dispute Resolution

These Sponsor Terms shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and the federal laws of Australia applicable therein, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to these Terms.

Good Faith Negotiation: In the event of any dispute, claim, or controversy arising out of or relating to these Sponsor Terms or your sponsorship, the parties agree to first attempt to resolve the matter through good faith negotiations. The disputing party shall give written notice to the other party describing the nature of the dispute and the desired resolution. Representatives of both parties shall meet (or confer by phone/video) within a reasonable time to discuss the dispute and seek a mutually agreeable solution.

Mediation/Arbitration: If a dispute cannot be resolved amicably within 30 days of notice (or another mutually agreed timeframe), the parties may agree to try to resolve the dispute through mediation or binding arbitration. For example, the parties may choose to mediate under a reputable mediation service in Australia, or arbitrate under ACICA rules. Both mediation and arbitration are voluntary unless otherwise specified in a separate agreement. If both parties agree to arbitration, they will document that agreement including selection of arbitrator and rules. If the parties do not mutually agree to arbitration, then either party may proceed to court as stated below.

Jurisdiction: Subject to the above negotiation (and any agreed mediation/arbitration), each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia (and appellate courts thereof) for the resolution of any disputes arising from or related to these Sponsor Terms or the sponsorship. Each party waives any objection to the venue being inconvenient or not suitable.

Injunctive Relief: Notwithstanding the above, either party may seek interim or injunctive relief in any competent jurisdiction to protect its intellectual property or confidential information, or to enforce non-compete or non-solicitation obligations (if applicable), since monetary damages may not adequately remedy such issues.

Attorneys’ Fees: In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover its reasonable costs and attorneys’ fees from the other party, in addition to any other relief granted.

General Provisions

Entire Agreement: These Sponsor Terms (along with any applicable supplemental agreements like a sponsorship order form or a non-disclosure agreement) constitute the entire agreement between you and TRUSTYCYBER with respect to your sponsorship participation, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the parties regarding this subject matter. Each party acknowledges that it has not relied on any promise, representation, or warranty not expressly set forth in these Terms in deciding to enter this agreement.

Amendment: Except for updates made by TRUSTYCYBER as described in the Introduction (for general changes applicable to all sponsors), any modification or amendment to these Sponsor Terms for a specific sponsor must be in writing and signed by both parties (this can include electronic signature or an email confirmation explicitly agreeing to the changes). If you need to negotiate any exception or addition, please reach out so we can document it properly.

Severability: If any provision of these Sponsor Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be severed and the remainder of the Terms will continue in full force and effect. The parties will negotiate in good faith a valid and enforceable provision that as closely as possible matches the intent of the invalid provision.

No Waiver: No waiver of any term or right in these Terms shall be effective unless in writing and signed by the party against whom the waiver is asserted. A failure or delay by either party to exercise any right or enforce any provision of these Terms is not a waiver of that right or provision. A single or partial exercise of a right does not preclude further exercise of that or any other right.

Assignment: You may not assign or transfer any of your rights or obligations under these Sponsor Terms without the prior written consent of TRUSTYCYBER. Any attempt to assign without consent is void. TRUSTYCYBER may assign or transfer these Terms (in whole or in part) to an affiliate or successor (for example, in case of a corporate reorganization, merger, acquisition, or sale of assets) without your consent, provided that the assignee agrees to be bound by these Terms. These Terms will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors: The relationship between TRUSTYCYBER and Sponsor is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between the parties. Neither party has the authority to bind the other to any third party or act in a way that expresses or implies a relationship other than that of independent contractor.

Notices: Any notice or communication required or permitted under these Terms shall be in writing and shall be sent to the contact information provided by the parties (for TRUSTYCYBER, you can send notices to our business address or email [email protected]; for Sponsor, we will use the email or address you provided during registration or as later updated). Notices are deemed given: (a) if by hand or courier, upon delivery; (b) if by email, when the email is sent to the proper address and no bounce or error is received (but if the email is sent outside normal business hours, then on the next business day); or (c) if by registered mail, 3 business days after deposit with postal service, postage prepaid.

Governing Language: These Terms are written in English. If we provide a translation in another language, it is for convenience only. In the event of any conflict between the English text and a translation, the English version will prevail.

Headings: The headings used in these Terms are for convenience of reference only and have no legal effect in interpreting the terms themselves.

Force Majeure: Neither party will be liable for any delay or failure to perform its obligations (except payment obligations) under these Terms due to events outside its reasonable control, such as acts of God, natural disasters, war, terrorism, civil disturbances, labor strikes, internet or telecommunications failures, or governmental actions. However, the party affected by such an event should promptly notify the other and make reasonable efforts to resume performance as soon as possible.

Contact Information: If you need to contact TRUSTYCYBER regarding these Sponsor Terms or your sponsorship, you can reach us at:
Email: [email protected] (or your designated account manager’s email)

By participating as a Sponsor on TRUSTYCYBER, you acknowledge that you have read, understood, and agreed to these Sponsor Terms and that you will adhere to them throughout your involvement with the Platform.

Last updated: January 1, 2025.