Effective Date: 04/03/2025

This website (Site) is operated by [CyberSapiens Pty Ltd] ABN 16 615 836 827

1. Introduction

1.1 These Terms and Conditions govern the use of PhishCare (“Tool”), a phishing simulation and cybersecurity training service provided by CyberSapiens Pty Ltd  (“Company,” “we,” “our,” or “us”).

1.2 By accessing or using PhishCare, you (“Customer,” “User,” or “Company”) agree to be bound by these Terms.

2. Definitions

Tool: Refers to PhishCare, including all its features and functionalities.

User: Any individual or entity that accesses or uses PhishCare.

Data Protection Laws: Includes all applicable laws regarding data privacy and security.

3. License & Access

3.1 We grant you a non-exclusive, non-transferable, revocable license to use PhishCare for internal phishing simulations and cybersecurity awareness training.

3.2 You may not sublicense, distribute, modify, or reverse-engineer the Tool without our written consent.

3.3 Access to PhishCare may be suspended or revoked if the Tool is misused or if there is a violation of these Terms.

4. Website Usage & Prohibited Conduct

4.1 Users shall not:

• Use the website for unlawful, offensive, or disruptive activity.
• Post or transmit material that violates laws, infringes intellectual property rights, or breaches privacy.
• Attempt to interfere with, disable, or tamper with the website’s functionality.
• Upload, transmit, or distribute viruses, malware, or other harmful content.
• Engage in hacking, scraping, or unauthorized access to our systems.

4.2 Suspension & Termination

• We reserve the right to suspend or terminate access to our application if a user engages in prohibited activities.
• Users found in violation may also be reported to relevant authorities

5. Phishing Templates & Third-Party Logos

5.1 Simulation Content

PhishCare provides phishing email templates, landing pages and awareness modules for security awareness training. These templates may reference third-party brands, including their names, logos, and content, strictly for simulation and educational purposes only.

5.2 Third-Party Content Disclaimer

• All third-party trademarks, logos, and brand names remain the property of their respective owners.
• The inclusion of such elements in PhishCare’s simulations does not imply endorsement, affiliation, or partnership with these companies.
• Users are responsible for ensuring that their use of PhishCare complies with their internal policies and applicable regulations.

5.3 CyberSapiens Pty Ltd’s Liability

CyberSapiens Pty Ltd does not claim ownership of third-party trademarks or content and is not liable for any unauthorized or improper use of such content by users.

6. Intellectual Property

6.1 All rights, titles, and interests in PhishCare, including but not limited to its software, original content, and branding, belong exclusively to CyberSapiens Pty Ltd.

6.2 Users are granted no ownership rights over any aspect of the Tool or its content.

6.3 This clause does not apply to third-party trademarks, logos, or content referenced in PhishCare’s phishing simulations, which remain the property of their respective owners as outlined in Section 5.

7. Fees & Payment

7.1 While PhishCare requires payment for access, there are no specific terms governing payment methods, refunds, or billing cycles beyond those stated in the subscription agreement.

7.2 Non-payment may result in service suspension or termination.

8. Limitation of Liability

8.1 PhishCare is provided “as is” without warranties of any kind. We do not guarantee uninterrupted or error-free service.

8.2 We are not liable for any indirect, incidental, or consequential damages arising from the use of PhishCare.

9. Termination

9.1 We may terminate or suspend access to PhishCare if a User violates these Terms or engages in activities that compromise the security or integrity of the Tool.

9.2 Users may terminate their subscription as per the cancellation policy outlined in the subscription agreement.

10. Amendments

10.1 We reserve the right to update these Terms at any time. Users will be notified of significant changes.

11. Governing Law & Jurisdiction

11.1 These Terms shall be governed by the laws of Australia.

11.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of Australia.

12. Contact Information

For any questions regarding these Terms, please contact us at sales@phishcare.com