Terms of Use for NeoTrak.io

These Terms of Use ("Terms") form a legally binding agreement between you ("you", "your", "User") and Neotrak Services Pty Ltd (ABN – 82 686 222 873), an Australian proprietary company headquartered in Sydney, New South Wales, Australia, governing your access to and use of the NeoTrak.io website, platform, applications, APIs, integrations, and related services (collectively, the "Service").

By accessing, registering for, browsing, or using the Service (including any free trial, free tier, or paid subscription), you confirm that you have read, understood, and agree to these Terms. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity.

If you do not agree to these Terms, you must immediately cease accessing or using the Service.

1. Description of the Service

NeoTrak provides a cloud-based security platform for developers and security teams, including (but not limited to) end-of-life (EOL) risk monitoring, vulnerability scanning, secrets detection, infrastructure-as-code (IaC) security, software bill of materials (SBOM) generation, and related reporting and remediation tools. Features vary by plan (free or paid) as described on our pricing page.

2. Eligibility and Account

You must be at least 18 years old (or the age of majority in your jurisdiction) and have legal capacity to enter into these Terms. To use certain features, you must create an account. You are responsible for:

• Keeping your login credentials confidential.
• All activities under your account.
• Immediately notifying us of any unauthorized access (via [email protected] or in-app support).

We reserve the right to suspend or terminate accounts for breaches, suspected fraud, or security risks.

3. Acceptable Use and Prohibitions

You may use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service in any way that violates Australian law, the laws of your jurisdiction, or third-party rights.
• Attempt to reverse engineer, decompile, disassemble, or derive source code from the Service.
• Upload, transmit, or introduce viruses, malware, or harmful code.
• Interfere with, disrupt, or overburden the Service or our systems.
• Use automated means (e.g., bots, scrapers) to access the Service except as expressly permitted via our API.
• Use the Service for high-risk activities (e.g., life-critical systems) without our prior written consent.
• Misrepresent your identity or impersonate others.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your active subscription/term, solely for your internal business purposes (or personal use if individual).

4. User Data and Integrations

You retain ownership of any data, code snippets, configurations, or content you upload or connect to the Service ("User Data"). By using the Service, you grant us a limited, worldwide, royalty-free, non-exclusive license to access, store, process, analyze, and transmit User Data as reasonably necessary to:

• Provide, maintain, improve, and support the Service.
• Perform scans and generate outputs (e.g., vulnerability reports).
• Comply with legal obligations.

We access repositories/integrations (e.g., GitHub, GitLab) on a read-only basis where authorized by you. We do not store your full source code long-term; scans occur in ephemeral, secure environments, and we never modify your code or repositories.

5. Intellectual Property

The Service, including software, designs, algorithms, documentation, trademarks, and any outputs we generate (excluding your User Data), is owned by us or our licensors and protected by Australian and international intellectual property laws. Nothing in these Terms grants your ownership or additional rights beyond the limited license above.

6. Subscriptions, Fees, and Payment

• Free tier: Limited features, no charge, subject to these Terms.
• Paid plans: As described on our pricing page. Fees are in USD (or as specified), exclusive of GST/taxes.
• Billing occurs via our third-party processor (e.g., Stripe). You authorize recurring charges.
• You are responsible for all fees and taxes. Late payments may incur interest or lead to suspension.
• Cancellation: Via your account settings. Access continues until the end of the paid period; no pro-rata refunds except as required by law (e.g., ACL cooling-off rights where applicable).
• We may change pricing with 30 days' notice.

7. Termination and Suspension

We may suspend or terminate your access immediately if you breach these Terms, fail to pay, pose a security risk, or for any other reasonable cause. You may terminate by cancelling your account/subscription. Upon termination: access ends; we may delete User Data after a reasonable retention period (subject to backups/legal holds). Sections surviving termination (e.g., IP, liability, governing law) continue.

8. Disclaimers and Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied (including merchantability, fitness for purpose, or non-infringement), except those that cannot be excluded under Australian Consumer Law. We do not warrant that the Service will be error-free, uninterrupted, secure, or detect/fix all vulnerabilities/threats (security is evolving; results depend on your configurations). To the maximum extent permitted by law:

• Our total aggregate liability (whether in contract, tort, or otherwise) shall not exceed the total fees paid by you in the 12 months preceding the claim.
• We are not liable for any indirect, consequential, special, punitive, or exemplary damages, including loss of profits, data, business opportunity, or security incidents.
• Nothing limits our liability for death/personal injury caused by negligence, fraud, or matters that cannot be excluded under law.

9. Indemnification

You agree to indemnify, defend, and hold us harmless from claims, losses, liabilities, damages, costs (including reasonable legal fees) arising from:

• Your User Data.
• Your breach of these Terms.
• Your misuse of the Service.
• Violation of third-party rights.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia (excluding conflict of laws principles). You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales. We encourage informal resolution first — contact [email protected].

11. Changes to Terms

We may update these Terms from time to time. Continued use after changes constitutes acceptance. We will post the updated version here and may notify you (e.g., via email or in-app) for material changes.

12. Miscellaneous

• Entire agreement: These Terms (plus any incorporated policies) constitute the full agreement.
• Severability: Invalid provisions do not affect the remainder.
• No waiver: Failure to enforce does not waive rights.
• Assignment: We may assign these Terms; you may not without our consent.

13. Contact

Questions or notices: [email protected]
Address: Neotrak Services Pty Ltd, Sydney NSW, Australia

Thank you for using NeoTrak. We are committed to helping secure your software supply chain responsibly.