Terms | FORTE/CYBERx

These Terms of Service ("Terms") form a binding agreement between you and FORTE/CYBERx Pty Ltd ("we", "us") for your use of FORTE/CYBERx(the "Service"). By creating an account or purchasing mission credits, you agree to these Terms.

1. Definitions

Service: the FORTE/CYBERx web application and supporting APIs.
Mission: a single submitted challenge processed by the AI council.
Credit: a digital, non-refundable unit consumed when a mission is initiated.
Output: AI-generated advisor responses, options, plans, or analytics.

2. Account & eligibility

You must be at least 16 years old and authorised to bind your organisation (if applicable). Accounts are personal — sharing credentials is prohibited.

3. Mission credits & purchases

Credits are sold via Stripe Checkout in non-refundable packs (Starter, Standard, Command).
Credits do not expire while your account remains active.
Pricing is GST-inclusive where shown for Australian customers.
Refunds are governed by our Refund Policy.
Promotional credits (including the new-account signup bonus and credits earned via the referral programme) are non-transferable, non-refundable and may be revoked if we determine, acting reasonably, that they were obtained through self-referral, automation, multiple-account abuse, or any other breach of our Acceptable Use Policy.
We reserve the right to vary credit-pack pricing prospectively. Existing balances are unaffected by future price changes.

4. AI-output disclaimer

Outputs are decision-support material generated by AI models. They are NOT professional advice (legal, financial, regulatory, security, medical, or otherwise) and must not be relied upon as such. Use of the Service, the Outputs, and any decision to implement, defer, or vary any recommendation, phase, action item, tactical plan, or strategic option contained in an Output is entirely at your own discretion and risk. You are solely responsible for validating every Output with appropriately qualified counsel before acting on it. We make no warranty, express or implied, that Outputs are accurate, current, complete, fit for purpose, lawful, or suitable for your circumstances.

4.1 No responsibility for outcomes

To the maximum extent permitted by law, we disclaim all responsibility and liability for any loss, damage, cost, claim, regulatory action, fine, business interruption, reputational harm, security incident, breach, audit finding, contractual breach, or other adverse outcome arising directly or indirectly from your reliance on, implementation of, deferral of, or interpretation of any Output, advisor response, board commentary, strategic option, tactical plan, phase, quick win, recommendation, or chat response generated by the Service. The decision to act, the manner of execution, the selection of vendors and personnel, and the validation of any Output remain solely your responsibility.

4.2 Regulated decisions

You must not use Outputs as the sole or determinative basis for any regulated decision, including but not limited to: clinical or diagnostic decisions; legal advice provided to a client; financial product advice; credit, insurance or underwriting decisions; criminal-justice decisions; immigration decisions; or employment hiring, performance or termination decisions. Such decisions require independent sign-off by a person appropriately licensed and accountable under the relevant Australian law.

5. Acceptable use

Your use must comply with our Acceptable Use Policy. Misuse may result in suspension or termination without refund.

6. Intellectual property

FORTE/CYBERx owns the Service, advisor archetypes, prompts, and underlying software.
You retain ownership of your mission inputs and the Outputs delivered to your account.
You grant us a limited licence to host and process your inputs solely to deliver the Service.

7. Account security & MFA

You are responsible for safeguarding your sign-in credentials. We strongly recommend enabling TOTP-based multi-factor authentication via the in-product enrolment flow (Account → Security). Notify us immediately at info@fortecyberx.au if you suspect compromise.

8. Suspension & termination

We may suspend or terminate accounts that breach these Terms, are used unlawfully, or pose a security risk. You may delete your account at any time from your in-product profile (Account → Delete account). Deletion is a 30-day soft-delete window during which the account can be restored on request, after which data is permanently purged subject to the retention schedule in our Privacy Policy.

9. Liability

Subject to non-excludable consumer guarantees under the Australian Consumer Law, our total aggregate liability under these Terms is limited to the fees paid by you to us in the twelve (12) months preceding the event giving rise to liability. We exclude liability for indirect, consequential, or special loss to the maximum extent permitted by law.

Without limiting the above, we exclude all liability for outcomes arising from your reliance on AI-generated Outputs, your implementation of any tactical plan or phase derived from an Output, or your decision to defer action based on an Output, to the fullest extent permitted by the Australian Consumer Law.

The following are also excluded from any service-level or availability expectation: (a) Outputs derived from promotional or referral-earned credits; (b) Outages, throttling, content filtering, or quality variance caused by upstream third-party LLM providers (Google, OpenAI, or successor providers); and (c) Outages caused by upstream sub-processors listed in our Privacy Policy §6.

10. Indemnity

You indemnify us against claims arising from your misuse of the Service, your breach of these Terms, your acting on Outputs without independent professional validation, or your reliance on, implementation of, or failure to implement any Output, tactical plan, advisor recommendation, or board direction generated by the Service, regardless of whether you obtained independent professional validation.

11. Force majeure

Neither party is liable for failure caused by events beyond reasonable control (natural disasters, war, infrastructure outages, government action).

12. Dispute resolution & governing law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of NSW.

13. General

Severability: if any clause is invalid, the remainder continues to apply.
Entire agreement: these Terms and the documents they reference are the entire agreement.
Updates: we may update these Terms with reasonable notice for material changes.
Assignment: we may assign these Terms (and your account) to a successor in connection with a merger, acquisition, restructure, or sale of substantially all our assets. You may not assign these Terms or your account without our prior written consent.
Notices: notices to us are valid when sent to info@fortecyberx.au; notices to you are valid when sent to the email address on your account or posted in-product.
No waiver: our failure to enforce any clause is not a waiver of our right to enforce it later.