Terms of service

1. About these terms

These terms are an agreement between you and Clyffe Pty Ltd, ABN 72 699 492 718 (Clyffe, we, us), an Australian company. They govern your use of the clyffe.io website and the products and services we provide, including our applications, device agents, and related software (together, the services).

By using the services, you agree to these terms and to our privacy policy, which together form the whole agreement between us. If you and Clyffe have signed a separate written agreement covering the services, that agreement prevails to the extent of any inconsistency.

2. Using Clyffe on behalf of an organisation

The services are designed for businesses and organisations. If you accept these terms on behalf of an organisation, you confirm you have authority to bind it, and you and customer in these terms mean that organisation. Individuals use the services under their organisation's account, and administrators in your organisation may manage users, settings, and data.

If your organisation has engaged a Clyffe partner (such as an IT provider) to administer Clyffe on its behalf, that partner may access and manage your workspace to the extent your organisation has authorised. You must be at least 18 years old to create an account.

3. Your account

When you create or use an account, you agree to:

• provide accurate, current information and keep it up to date;
• keep your sign-in credentials confidential and secure;
• tell us promptly at legal@clyffe.io if you believe your account has been compromised; and
• take responsibility for activity that occurs under your account.

4. Early access and fees

Clyffe is in active development. Features may be added, changed, or withdrawn as the product takes shape. We do not currently charge for the services. If we introduce paid plans, we will give you reasonable advance notice and provide billing terms at that time. Nothing will start costing you money without your agreement.

5. Acceptable use

You agree not to:

• use the services in breach of any law, or to store or transmit unlawful material;
• attempt to access accounts, systems, or data you are not authorised to access;
• interfere with or disrupt the services, or probe or test them for vulnerabilities without our written permission;
• connect data sources or devices you do not have the right or authority to connect;
• resell, sublicense, or provide the services to third parties except as agreed with us in writing; or
• use the services to develop a competing product, or copy their features, design, or underlying software.

If you find a security vulnerability in Clyffe, we would genuinely like to hear about it. Please report it to legal@clyffe.io rather than exploiting it.

6. Your content

Customer content means the data your organisation submits to the services or authorises the services to collect, including data from connected cloud services, information about your devices and software, files, messages, and support requests.

Your organisation retains all rights to its customer content. You grant Clyffe a licence to host, process, transmit, and display customer content as needed to provide, secure, and support the services, to prevent abuse, and to comply with law. We also use data as described in section 9 and in our privacy policy, including to improve Clyffe, but we do not share customer content with third parties for their own purposes without your consent, and we never sell it.

You are responsible for ensuring your organisation has the rights and lawful basis to provide its content to Clyffe. Where the services monitor devices or workplace systems, that includes giving any notices to your team members that applicable law requires, and applies equally where your organisation chooses to enrol personal devices that people use for work.

7. Connected services and devices

The services can connect to third-party services your organisation uses and to devices your organisation manages. By connecting them, you authorise Clyffe to access those services and devices on your behalf to the extent needed to provide the services. Third-party services are governed by their own terms, and we are not responsible for them. You can disconnect a service or remove a device at any time.

8. Programmatic access

Where we make the services available programmatically, through APIs or integration protocols such as MCP, that access is part of the services and covered by these terms. Keep access credentials and tokens secure, treat activity through them as activity under your account, and tell us if you believe they have been compromised. We may apply reasonable usage limits to keep the services dependable, and may suspend or rotate credentials that we reasonably believe are compromised or being misused.

9. AI features

Some features of the services use artificial intelligence, including models provided by third-party AI providers. Content you submit to an AI feature is processed to provide that feature.

We may use service data, including customer content, to improve Clyffe and its AI features, except for information received from Google APIs, which we never use to create, train, or improve any AI or machine learning model. Our use of Google user data adheres to the Google API Services User Data Policy, including its Limited Use requirements, as described in our privacy policy. Your organisation can opt out of the improvement use at any time by emailing privacy@clyffe.io (or through workspace settings, where available). Opting out does not affect your use of the services.

AI output can be inaccurate or incomplete. Review it before relying on it; it is not professional advice.

10. Privacy

Our privacy policy explains what information we collect, how we use it, who we share it with, and the rights available to you. It forms part of these terms.

11. Confidentiality

In working together, each party may learn non-public information about the other, such as their business, plans, technology, or use of the services (confidential information). Each party will protect the other's confidential information with at least reasonable care, use it only for the purposes of this agreement, and not disclose it except to people who need it and are bound by obligations at least as protective, or where disclosure is required by law (with notice to the other party where lawful).

These obligations don't apply to information that is or becomes public without breach, was already lawfully known, was received from someone entitled to share it, or was independently developed. Customer content is handled as described in section 6 and the privacy policy.

12. Intellectual property

Clyffe owns the services, including all software, designs, and branding. These terms don't transfer any of that to you. Instead, we grant you a limited, non-exclusive, non-transferable right to use the services for your organisation's internal business purposes while these terms are in effect. If you give us feedback or suggestions, we may use them without restriction or obligation to you.

13. Availability and changes to the services

We work to keep the services available and dependable, but during early access we don't promise a particular level of availability. We may modify, suspend, or discontinue any part of the services, and we will give you reasonable notice of material changes where practicable.

14. Suspension, termination, and inactive accounts

You may stop using the services and close your organisation's account at any time by contacting us. We may suspend or terminate access if you materially breach these terms, if we reasonably believe it is necessary to protect the services or other customers, or if we discontinue the services, with notice where reasonable.

If your organisation's account has been inactive for six months, we may close it. We will email your account contacts at least 90 days before we do, and the account stays open if anyone simply signs back in.

When an account closes, access ends and customer content is deleted within 90 days, as described in our privacy policy. If you ask before or within 30 days after closure, we will provide reasonable assistance to export your customer content in a common format. Sections that by their nature should survive termination (including sections 6, 11, 12, and 15 to 17) survive.

15. Disclaimers

To the maximum extent permitted by law, the services are provided as is and as available, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Clyffe helps your organisation understand and reduce security and IT risk, but no product can identify or prevent every threat, misconfiguration, or incident. The services do not guarantee that your systems will be secure or uninterrupted, and they are not a substitute for your own judgement or professional advice.

16. Liability

Nothing in these terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a consumer guarantee applies and can be limited, our liability for a failure to comply with it is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

Subject to the paragraph above, and to the maximum extent permitted by law, Clyffe excludes all liability arising out of or in connection with the services or these terms, whether in contract, tort (including negligence), statute, or otherwise, including liability for loss of profits, revenue, data, goodwill, or anticipated savings, and for any indirect, incidental, special, or consequential loss.

17. Indemnity

You indemnify Clyffe against third-party claims, and reasonable associated costs, arising from your customer content, your breach of these terms, or your unlawful use of the services, except to the extent the claim was caused by us.

18. Changes to these terms

We may update these terms from time to time. If a change is material, we will give you reasonable advance notice, by email or through the services, before it takes effect. Continuing to use the services after a change takes effect means you accept the updated terms; if you don't agree, stop using the services and close your account.

19. Governing law and disputes

These terms are governed by the laws of New South Wales, Australia.

If a dispute arises, we'd like the chance to sort it out directly first: either party may give the other written notice of the dispute, and both will attempt in good faith to resolve it by negotiation for 30 days. If that doesn't resolve it, the parties will attempt mediation in New South Wales before starting court proceedings. Either party may seek urgent injunctive relief at any time. Subject to this, you and Clyffe submit to the exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.

20. Contact

Questions about these terms, and legal notices, go to legal@clyffe.io. For privacy matters, use privacy@clyffe.io.