EULA - Software

End User Licence Agreement for Austere Risk Software

This End User Licence Agreement ("Agreement") is a legal agreement between you ("you" or "User") and Austere Risk Pty Ltd ("Austere Risk", "we", "us", or "our") governing your use of software applications, services, and related documentation provided by Austere Risk (collectively, the "Software"). By installing, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install, access, or use the Software.

1. Licence Grant

Subject to your compliance with this Agreement and any applicable subscription or purchase terms, Austere Risk grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the Software for your internal business or personal purposes. This licence does not transfer ownership of the Software or any intellectual property rights to you.

2. Restrictions

You must not, and must not permit others to: (a) copy, modify, adapt, translate, or create derivative works of the Software except as expressly permitted by law; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent such restriction is prohibited by applicable law; (c) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software to any third party; (d) remove, obscure, or alter any proprietary notices; (e) use the Software to develop a competing product; or (f) use the Software in any manner that violates applicable law or the rights of others.

3. Accounts and Access

Some features of the Software may require an account or authentication credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify Austere Risk promptly if you become aware of unauthorised access to your account.

4. Data and Privacy

Your use of the Software may involve the collection and processing of data as described in our Privacy Policy. You are responsible for data you enter into the Software and for ensuring you have any rights or consents required to use that data. Austere Risk will handle personal information in accordance with Australian privacy laws, including the Privacy Act 1988, and our Privacy Policy.

5. Updates and Changes

Austere Risk may provide updates, upgrades, or modifications to the Software from time to time. Updates may be required for continued use or security. We may also change or discontinue features of the Software with reasonable notice where practicable. Continued use of the Software after an update constitutes acceptance of the updated Software under this Agreement.

6. Subscriptions and Fees

Access to some or all of the Software may require payment of fees or a subscription. Fees, billing periods, and payment terms are as stated at the time of purchase or in a separate order or subscription agreement. Failure to pay applicable fees may result in suspension or termination of access. Unless otherwise stated, fees are non-refundable except as required by Australian Consumer Law.

7. Intellectual Property

The Software, including all content, features, trademarks, logos, and underlying technology, is owned by Austere Risk or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited licence granted in this Agreement, no rights are granted to you, whether by implication, estoppel, or otherwise.

8. Third-Party Services

The Software may integrate with or rely on third-party services, platforms, or content. Austere Risk is not responsible for third-party services and does not endorse them. Your use of third-party services is subject to their own terms and privacy policies.

9. Disclaimer of Warranties

To the maximum extent permitted by law, the Software is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Austere Risk does not warrant that the Software will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantees under the Australian Consumer Law that cannot be excluded.

10. Limitation of Liability

To the maximum extent permitted by law, Austere Risk and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or business opportunity, arising out of or related to your use of or inability to use the Software, whether based on contract, tort (including negligence), statute, or otherwise, even if advised of the possibility of such damages. Where liability cannot be excluded, Austere Risk's aggregate liability is limited to the fees you paid for the Software in the twelve (12) months preceding the claim, or the minimum amount required by applicable law.

11. Indemnity

You agree to indemnify and hold harmless Austere Risk and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Software, your breach of this Agreement, or your violation of any law or third-party rights.

12. Termination

This Agreement remains in effect until terminated. You may stop using the Software at any time. Austere Risk may suspend or terminate your access immediately if you breach this Agreement, fail to pay applicable fees, or if we discontinue the Software. Upon termination, your licence ends and you must cease all use of the Software and delete any copies in your possession, except where retention is required by law.

13. Export and Acceptable Use

You must comply with all applicable export control, sanctions, and import laws. You must not use the Software for any unlawful purpose, to harm others, or in a way that interferes with the operation or security of the Software or related systems.

14. Governing Law

This Agreement is governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Subject to any mandatory consumer rights, the courts of New South Wales have exclusive jurisdiction over disputes arising under this Agreement.

15. Changes to This Agreement

Austere Risk may update this Agreement from time to time. The current version will be published on our website. Material changes will take effect when posted or on a later date stated in the notice. Continued use of the Software after changes take effect constitutes acceptance of the updated Agreement. If you do not agree, you must stop using the Software.

16. General

If any provision of this Agreement is found unenforceable, the remaining provisions will continue in full force. Failure to enforce any right under this Agreement does not waive that right. This Agreement, together with any applicable order, subscription terms, and our Privacy Policy, constitutes the entire agreement between you and Austere Risk regarding the Software and supersedes prior agreements on that subject.

17. Contact

For questions about this Agreement, contact Austere Risk Pty Ltd at contact@austererisk.com or via the contact details published on austererisk.com.