WEBSITE TERMS OF USE

Cyber IP Pty Ltd ACN 669 216 004 trading as Brighten Tech

Last updated: 25 May 2026

IMPORTANT — PLEASE READ CAREFULLY

These Website Terms of Use ("Terms") govern your access to and use of the website at www.brightentech.ai and any subdomain, page, content, feature or service made available through it (collectively, the "Website"). The Website is owned and operated by Cyber IP Pty Ltd ACN 669 216 004, trading as Brighten Tech ("Brighten Tech", "we", "us" or "our").

By accessing or using the Website you agree to be bound by these Terms. If you do not agree, you must not access or use the Website. These Terms do not govern access to the Brighten Tech dark net threat intelligence platform or any other paid or contracted service, which is governed by a separate written agreement.

1.  Definitions

1.1       In these Terms, unless the context otherwise requires:

Brighten Group means Brighten Tech and each of its past, present and future related bodies corporate (as defined in section 50 of the Corporations Act 2001 (Cth)), holding companies, ultimate holding companies, parent companies, subsidiaries, affiliates, joint venture partners, licensors and assignees, and their respective successors and permitted assigns.

Brighten Personnel means each director, officer, employee, contractor, sub-contractor, agent, consultant, adviser, investor and shareholder of any member of the Brighten Group.

Content means all information, text, graphics, logos, images, photographs, audio, video, software, code, data, marks, layouts, designs and other materials made available on or through the Website.

User means any person who accesses or uses the Website, including you.

Third Party Content means any Content originating from a third party that is made available on, through or in connection with the Website.

2.  Acceptance and changes

2.1       Your access to and use of the Website is conditional on your acceptance of, and compliance with, these Terms.

2.2       We may amend these Terms at any time by posting an updated version on the Website. The amended version takes effect from the time it is posted. By continuing to use the Website after that time you are taken to have accepted the amended Terms.

2.3       We may, at any time and without notice, modify, suspend, withdraw or discontinue all or any part of the Website without liability to you or any other person.

3.  Permitted use

3.1       We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Website and the Content for your personal, non-commercial information purposes only.

3.2       All other use is prohibited, and no further rights are granted by implication, estoppel or otherwise.

4.  Prohibited conduct

4.1       You must not, and must not attempt to, directly or indirectly:

(a)        use the Website for any unlawful or fraudulent purpose, or in breach of any law, regulation or third party right;

(b)        reproduce, copy, frame, mirror, scrape, crawl, harvest or republish any part of the Website or Content;

(c)        modify, adapt, translate, reverse engineer, decompile or disassemble the Website or any part of it, except to the extent expressly permitted by law that cannot be excluded;

(d)        use any robot, spider, scraper, automated tool or similar means to access, monitor, copy or extract data from the Website;

(e)        circumvent, disable or interfere with any security, authentication or other technical feature of the Website;

(f)         introduce or transmit any virus, malware, worm, trojan, exploit or other harmful code to or via the Website;

(g)        overload, flood, mail-bomb or otherwise impair the Website's infrastructure or availability;

(h)        use the Website, the Content or any data obtained through it to develop, train, fine-tune, benchmark, validate or compete with any product, service, dataset or model offered or developed by any member of the Brighten Group;

(i)         post, upload or transmit any content that is unlawful, defamatory, infringing, obscene, threatening, harassing, hateful, deceptive, misleading or otherwise objectionable; or

(j)         impersonate any person or misrepresent your identity or affiliation.

5.  Intellectual property

5.1       The Website and all Content are owned by, or licensed to, Brighten Tech and the Brighten Group, and are protected by copyright, trade mark and other intellectual property laws in Australia and overseas. Nothing on the Website constitutes a transfer or licence of intellectual property rights to you except as expressly set out in clause 3.1.

5.2       "Brighten Tech", the Brighten Tech logo, and any other names, logos, taglines or trade marks displayed on the Website are trade marks or registered trade marks of a member of the Brighten Group. You must not use any of them without our prior written consent.

6.  User submissions and feedback

6.1       If you submit any enquiry, comment, suggestion, idea, feedback, sign-up form information or other material to us through the Website (a "Submission"), you grant Brighten Tech a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, modify, adapt, publish, distribute and otherwise exploit the Submission for any purpose, without attribution, restriction or compensation. You warrant that you have all rights necessary to grant this licence and that the Submission does not infringe any third party right.

6.2       You irrevocably consent under the Copyright Act 1968 (Cth) to any act or omission by Brighten Tech or its licensees that would, but for this consent, infringe any moral right you have in any Submission.

7.  Third party content and links

7.1       The Website may contain Third Party Content and links to third-party websites, services and resources. Third Party Content is provided for convenience only and does not constitute endorsement, sponsorship, recommendation or approval by Brighten Tech.

7.2       We have no control over and accept no responsibility for the availability, accuracy, reliability, security or content of any third-party website, service or resource, or for any loss or damage arising from your use of any of them.

8.  Privacy

8.1       Our handling of personal information collected through the Website is governed by our Privacy Policy, available at www.brightentech.ai/privacy-policy2 (or as relocated from time to time). By using the Website, you acknowledge our Privacy Policy.

9.  No advice; no reliance

9.1       The Content (including any commentary, white paper, blog post, media article or thought leadership piece published by us or by Brighten Personnel) is provided for general information purposes only. It does not constitute, and must not be relied upon as, legal, financial, taxation, regulatory, cyber security, technical, investment or other professional advice.

9.2       You should obtain appropriately qualified professional advice before acting, or refraining from acting, on the basis of any Content. We make no representation or warranty that any Content is accurate, current, complete or fit for any particular purpose.

10.  Disclaimers

10.1     To the maximum extent permitted by law, the Website, the Content and any service or product referred to on the Website are provided "AS IS" and "AS AVAILABLE". No member of the Brighten Group, and no item of Brighten Personnel, makes any condition, warranty, guarantee, representation or undertaking, express or implied (whether by statute, custom or trade usage), in connection with the Website or the Content, including any implied warranty or guarantee of merchantability, fitness for any particular purpose, acceptable quality, accuracy, completeness, currency, availability, uninterrupted operation, error-free operation, security or non-infringement.

10.2     Without limiting clause 10.1, no member of the Brighten Group warrants or represents that:

(a)        the Website will be available, secure or uninterrupted;

(b)        the Website or any file or download from it is free from viruses, malware, worms or other harmful components;

(c)        any Content or Third Party Content is accurate, complete, current, fit for purpose or non-infringing; or

(d)        any defect in the Website will be corrected.

10.3     To the extent any consumer guarantee under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) cannot lawfully be excluded, Brighten Tech's liability for breach of that guarantee is, to the maximum extent permitted, limited at Brighten Tech's election to: (a) the resupply of the affected services; or (b) the payment of the cost of having the affected services resupplied.

11.  Limitation of liability

11.1     To the maximum extent permitted by law, no member of the Brighten Group, and no item of Brighten Personnel, is liable to you or any other person for any direct, indirect, consequential, special, incidental, punitive or exemplary loss or damage, or for any loss of profit, revenue, business, opportunity, anticipated savings, goodwill, data, use, reputation, regulatory fine or penalty, or cost of procurement of substitute services, in each case arising out of or in connection with the Website, the Content, any Third Party Content, any product or service referred to on the Website, or these Terms, howsoever arising, whether under contract, tort (including negligence), statute, indemnity or otherwise.

11.2     Without limiting clause 11.1, no member of the Brighten Group is responsible or liable for:

(a)        any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)        the accuracy, suitability or currency of any information on the Website or any Third Party Content;

(c)        any cost incurred by you in connection with your use of the Website; or

(d)        any matter beyond our reasonable control.

11.3     Subject to clause 10.3, the maximum aggregate liability of the members of the Brighten Group (taken together) arising out of or in connection with these Terms or the Website, however arising, is limited to one hundred Australian dollars (A$100.00).

11.4     Bar to proceedings against Brighten Personnel. You agree not to bring, and waive any right to bring, any claim or proceeding against any Brighten Personnel personally in respect of any matter arising out of or in connection with the Website or these Terms. Any claim must be brought (if at all) only against Brighten Tech or another corporate member of the Brighten Group, and only to the extent permitted by these Terms.

12.  Indemnity

12.1     You indemnify and must keep indemnified Brighten Tech, each other member of the Brighten Group and each item of Brighten Personnel (each an "Indemnified Party") against all loss, damage, liability, fine, penalty, cost and expense (including legal costs on an indemnity basis) suffered or incurred by any Indemnified Party arising out of or in connection with: (a) your access to or use of the Website; (b) any breach by you of these Terms; (c) any negligent, reckless, unlawful or wilful act or omission by you; (d) any Submission made by you; or (e) any third-party claim arising from your conduct.

12.2     Brighten Tech holds the benefit of this indemnity, and of the releases and exclusions in clauses 10 and 11, on trust for each Indemnified Party that is not a party to these Terms, and may enforce them on their behalf.

13.  Suspension and termination

13.1     We may, at any time and in our sole discretion, suspend, restrict or terminate your access to the Website (including by blocking your IP address or device), with or without notice and with or without cause.

13.2     Clauses 5, 6, 9, 10, 11, 12, 14 and 15 survive termination.

14.  Governing law and jurisdiction

14.1     These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Nothing in this clause prevents Brighten Tech (on its own behalf or on behalf of any other Indemnified Party) from seeking injunctive or equitable relief in any court of competent jurisdiction.

15.  General

15.1     Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision is severed and the remainder continues in full force.

15.2     No waiver. No failure or delay by us in exercising any right operates as a waiver. A waiver must be in writing signed by us.

15.3     Assignment. You must not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours at any time without your consent.

15.4     Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brighten Tech in relation to your use of the Website and supersede all prior or contemporaneous agreements, representations and understandings.

15.5     No partnership. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship between you and us.

15.6     Force majeure. We are not liable for any failure or delay in performance to the extent caused by any event beyond our reasonable control, including act of God, war, terrorism, civil unrest, cyber attack, pandemic, government action, telecommunications or utility failure.

15.7     Reservation. Nothing in these Terms is intended to limit, exclude or modify any obligation imposed on us by law that cannot, as a matter of law, be limited, excluded or modified by contract.

16.  Contact

16.1     If you have a question or complaint about these Terms or the Website, please contact us:

Cyber IP Pty Ltd ACN 669 216 004 t/a Brighten Tech Email:  info@brightentech.ai Phone:  1800 375 932 (within Australia) / +61 2 8527 0600 (outside Australia)