Legal Policies

1. Terms of Service

1.1 Application and Binding Effect

These Terms of Service (the "Terms") constitute a legally binding agreement between you and the Company governing your access to and use of the Services[cite: 1, 2].

If you access or use the Services on behalf of a company, partnership, trust, government body, or other legal entity, you represent and warrant that you have full power and authority to bind that entity to these Terms, and references to "you" and "Customer" shall be construed accordingly[cite: 1, 2].

If you do not agree to these Terms, you must not access or use the Services[cite: 1, 2].

1.2 Definitions and Interpretation

In these Terms, unless the context requires otherwise[cite: 1, 2]:

• "Account" means an account registered to access or use the Services[cite: 1, 2].
• "Affiliate" means, in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party[cite: 1, 2].
• "Customer Data" means any data, information, materials, or content submitted, uploaded, transmitted, or otherwise made available by you or on your behalf through the Services, including without limitation application lists, bundle identifiers, and hashes[cite: 1, 2].
• "Documentation" means any user guides, technical documentation, instructions, or descriptive materials relating to the Services made available by us from time to time[cite: 1, 2].
• "Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, know-how, confidential information, trade secrets, and all other similar proprietary rights, whether registered or unregistered[cite: 1, 2].
• "Loss" includes any liability, loss, damage, cost, charge, expense, fine, penalty, or outgoing of any kind, whether direct, indirect, consequential, special, exemplary, or otherwise[cite: 1, 2].
• "Personal Data" has the meaning given in the Data Processing Addendum where applicable[cite: 1, 2].
• "Support Services" means any support, maintenance, assistance, or related services that we elect to provide in connection with the Services[cite: 1, 2].

Headings are for convenience only and do not affect interpretation[cite: 1, 2]. The words "including", "includes", and similar expressions are not words of limitation[cite: 1, 2].

1.3 Business Customers Only

The Services are made available solely for business and professional use and are not offered for personal, domestic, or household use[cite: 1, 2]. You represent and warrant that[cite: 1, 2]:

1. you are using the Services solely for business purposes[cite: 1, 2];
2. you have legal capacity to enter into binding obligations[cite: 1, 2]; and
3. you possess all requisite power and authority to agree to these Terms on behalf of the relevant entity[cite: 1, 2].

1.4 Description of Services

The Services include, without limitation, Stēre, a macOS management solution made available via web portal (7sp.io) and downloadable installation packages (.dmg / .pkg).

We may at any time, in our sole discretion and without liability, modify, update, improve, remove, suspend, restrict, or discontinue any feature, functionality, component, or part of the Services[cite: 1, 2].

1.5 Accounts and Security

Access to the Services may require registration of an Account[cite: 1, 2]. You agree to[cite: 1, 2]:

1. provide accurate, current, and complete information[cite: 1, 2];
2. maintain and promptly update such information as necessary[cite: 1, 2];
3. keep Account credentials secure and confidential[cite: 1, 2];
4. ensure that access to the Services is limited to authorised personnel only[cite: 1, 2]; and
5. accept responsibility for all acts, omissions, and activities occurring under or through your Account[cite: 1, 2].

You must notify us promptly of any actual or suspected unauthorised access to or use of your Account or credentials[cite: 1, 2]. We shall not be liable for any Loss arising from your failure to protect your Account credentials or to control access to your Account[cite: 1, 2].

1.6 Purchases Through Paddle as Merchant of Record

Where paid subscriptions or other paid access to the Services are offered, such transactions are processed by Paddle, which acts as the Merchant of Record and authorised reseller for those transactions[cite: 1, 2].

Accordingly[cite: 1, 2]:

1. the purchase transaction is entered into with Paddle in its capacity as Merchant of Record[cite: 1, 2];
2. Paddle is responsible for payment processing, tax handling, invoicing, and the legal handling of the transaction as Merchant of Record[cite: 1, 2];
3. purchases made through Paddle are subject to Paddle's applicable legal terms and policies, including Paddle's buyer terms, refund policy, and privacy policy[cite: 1, 2]; and
4. nothing in these Terms shall be construed as modifying, displacing, limiting, or overriding Paddle's rights or obligations as Merchant of Record[cite: 1, 2].

For convenience, the following Paddle legal materials are relevant to transactions processed through Paddle[cite: 1, 2]:

• Paddle Buyer Terms[cite: 1, 2]
• Paddle Checkout Buyer Terms (2022)[cite: 1, 2]
• Paddle Refund Policy[cite: 1, 2]
• Paddle Privacy Policy[cite: 1, 2]

1.7 Subscription Access and Renewal

Access to paid components of the Services may be provided on a subscription basis[cite: 1, 2]. Subscription periods, renewal mechanics, pricing, invoicing, and payment collection are presented at the time of purchase and are administered through Paddle as Merchant of Record[cite: 1, 2].

Where a subscription is designated as renewing automatically, it shall renew in accordance with the terms presented by Paddle at checkout unless cancelled in accordance with Paddle's applicable processes[cite: 1, 2].

1.8 Cancellation

Where a subscription has been purchased through Paddle, cancellation of renewal or subscription management must be effected through Paddle or through the mechanisms made available by Paddle[cite: 1, 2].

Unless otherwise stated in the applicable purchase flow or required by law, cancellation shall prevent future renewal charges but shall not automatically terminate access before the end of the then-current paid period[cite: 1, 2].

1.9 Customer Data; Ownership and Licence

As between the parties, and subject to the rights expressly granted herein, you retain all right, title, and interest in and to Customer Data[cite: 1, 2].

You grant to the Company a worldwide, non-exclusive, royalty-free, limited licence to host, store, reproduce, transmit, process, adapt, display, and otherwise use Customer Data solely to the extent reasonably necessary to provide, operate, maintain, support, secure, and improve the Services, to comply with law, and to enforce our rights under these Terms[cite: 1, 2].

You represent and warrant that[cite: 1, 2]:

1. you own or otherwise control all rights necessary to provide Customer Data to us[cite: 1, 2];
2. the Customer Data, and our authorised processing thereof, will not infringe, misappropriate, or otherwise violate any law or third-party right[cite: 1, 2]; and
3. you have obtained all notices, consents, permissions, and authorisations required in connection with Customer Data[cite: 1, 2].

1.10 Customer Responsibilities and Compliance with Laws

You are solely responsible for[cite: 1, 2]:

1. the legality, accuracy, quality, and integrity of Customer Data[cite: 1, 2];
2. the acts and omissions of your personnel, contractors, administrators, and authorised users[cite: 1, 2];
3. obtaining and maintaining all necessary licences, consents, notices, permissions, and authority required for use of the Services[cite: 1, 2];
4. configuring and using the Services in a lawful and responsible manner[cite: 1, 2]; and
5. compliance with all applicable laws and regulations, including privacy, surveillance, monitoring, employment, telecommunications, export control, sanctions, and anti-corruption laws[cite: 1, 2].

1.11 Export Control and Sanctions

You must not access, use, export, re-export, transfer, or otherwise deal with the Services in violation of any applicable export control, trade sanctions, embargo, or similar laws or regulations[cite: 1, 2]. You represent and warrant that neither you nor any person using the Services on your behalf is a person or entity with whom dealings are prohibited or restricted under applicable law[cite: 1, 2].

1.12 Support Services

Unless otherwise expressly agreed in writing, any Support Services are provided on a reasonable endeavours basis only[cite: 1, 2]. We do not undertake to provide any particular support response times, service levels, resolution commitments, or availability commitments[cite: 1, 2].

1.13 Confidentiality

Each party ("Receiving Party") must keep confidential and must not disclose to any third party any Confidential Information of the other party ("Disclosing Party"), except as expressly permitted by these Terms[cite: 1, 2].

"Confidential Information" means any non-public information disclosed by or on behalf of a party that is designated as confidential or that by its nature would reasonably be understood to be confidential, including business, technical, operational, commercial, product, and security information[cite: 1, 2].

1.14 Feedback

If you provide us with any suggestion, idea, enhancement request, recommendation, correction, or other feedback concerning the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable licence to use, reproduce, modify, adapt, disclose, commercialise, and otherwise exploit that Feedback without restriction, attribution, or obligation to you[cite: 1, 2].

1.15 Suspension and Termination

We may, in our sole discretion and with or without notice, suspend, restrict, or terminate your access to all or any part of the Services if you breach these Terms, your entitlement to paid access lapses through Paddle, or your use creates a legal or security risk[cite: 1, 2].

1.16 Post-Termination Retention and Deletion

Following cancellation, termination, or expiry of the applicable access period, we may retain Customer Data and associated account data for up to thirty (30) days, after which such data may be deleted or de-identified[cite: 1, 2].

1.17 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS[cite: 1, 2].

WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS[cite: 1, 2].

1.18 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW[cite: 1, 2]:

1. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSS OR DAMAGE, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION[cite: 1, 2]; AND
2. OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS PAID FOR ACCESS TO THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM[cite: 1, 2].

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by law, including under the Australian Consumer Law, to the extent that the same cannot lawfully be excluded, restricted, or modified[cite: 1, 2].

1.19 Indemnity

You shall defend, indemnify, and hold harmless the Company and its directors, officers, employees, contractors, Affiliates, licensors, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal costs) arising out of or in connection with your use of the Services, breach of these Terms, or infringement of third-party rights[cite: 1, 2].

1.20 Governing Law and Jurisdiction

These Terms, and any dispute arising out of or in connection with them or the Services, shall be governed by and construed in accordance with the laws of Western Australia, without regard to conflict of laws principles[cite: 1, 2]. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia[cite: 1, 2].

1.21 Contact

Dextera Pty Ltd (ABN 48 143 783 966) trading as Seventh Sense Project
Western Australia, Australia
Email: [email protected]

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2. End User Licence Agreement (EULA)

This End User Licence Agreement ("EULA") governs the download, installation, deployment, and execution of all Stēre software packages, agents, client binaries, and installer disk images (.dmg, .pkg) (collectively, the "Software").

2.1 Licence Grant

Subject to your compliance with these Terms and the maintenance of a valid paid subscription or authorized trial obtained through Paddle, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence during the applicable access period to download, install, and deploy the Software solely on target devices owned or authorized by your organization for internal business purposes.

2.2 MDM Deployment and Admin Responsibility

If you download, upload, or deploy the Software via Mobile Device Management (MDM) solutions (including Jamf, Kandji, Intune, or Microsoft Endpoint Manager), you represent and warrant that you are an authorized IT administrator with full corporate authority to bind your organization to this EULA and to deploy the Software onto managed end-user endpoints.

2.3 Licence Restrictions

Except as expressly permitted by law notwithstanding contractual restriction, you shall not, and shall not permit any third party to:

1. reverse engineer, decompile, disassemble, modify, adapt, translate, or attempt to derive source code from the Software;
2. copy, distribute, sell, lease, sublicense, time-share, or commercially exploit the Software except as expressly authorized;
3. remove, alter, or obscure any proprietary notices, trade marks, or copyright markings embedded within the Software;
4. use the Software for covert surveillance, hidden tracking, unauthorized device monitoring, or any unlawful, deceptive, or abusive purpose; or
5. circumvent, disable, or tamper with any authentication, security, or license key verification mechanism in the Software.

2.4 Software Ownership

The Software is licensed, not sold. All right, title, and interest in and to the Software, including all associated Intellectual Property Rights, remain exclusively with Dextera Pty Ltd (ABN 48 143 783 966) trading as Seventh Sense Project.

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3. Payment, Billing and Refund Notice

3.1 Paddle as Merchant of Record

All purchase transactions for paid access to the Services are processed by Paddle, which acts as Merchant of Record and authorised reseller[cite: 1, 2]. Paddle is responsible for handling the buyer transaction, including billing, tax compliance, invoicing, payment collection, and transaction processing[cite: 1, 2].

3.2 Applicable Paddle Terms and Policies

Where you purchase access to the Services through Paddle, your transaction is subject to Paddle's applicable legal terms and policies, including[cite: 1, 2]:

• Paddle Buyer Terms[cite: 1, 2]
• Paddle Checkout Buyer Terms (2022)[cite: 1, 2]
• Paddle Refund Policy[cite: 1, 2]
• Paddle Privacy Policy[cite: 1, 2]

3.3 Refunds and Transaction Enquiries

Any refund rights relating to a purchase processed by Paddle, and any procedures for seeking a refund, are governed by Paddle's Refund Policy and applicable law[cite: 1, 2]. Any payment, invoicing, tax, billing, subscription renewal, or refund enquiry should, in the first instance, be directed through Paddle's applicable channels[cite: 1, 2].

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4. Privacy Policy

4.1 Scope

This Privacy Policy describes how we collect, use, disclose, store, and handle personal information in connection with the Services[cite: 1, 2]. This Privacy Policy applies to personal information handled by Dextera Pty Ltd trading as Seventh Sense Project[cite: 1, 2]. It does not replace or override Paddle's Privacy Policy in respect of information handled by Paddle as Merchant of Record[cite: 1, 2].

4.2 Personal Information Collected

(a) Information provided by you

We may collect personal information voluntarily provided by you, including name, email address, and the content of communications or support requests[cite: 1, 2].

(b) Technical and usage information

We may collect technical and usage-related information, including IP address, browser type, device information, operating system information, log data, and telemetry performance data[cite: 1, 2].

(c) Customer Data

In the course of providing the Services, we may process limited operational data uploaded by customers, including application lists, bundle identifiers, and hashes[cite: 1, 2].

(d) Transaction information

Where a purchase is made through Paddle, we may receive limited transaction-related information from Paddle as necessary to provision or verify access[cite: 1, 2]. We do not store full payment card details[cite: 1, 2].

4.3 Purposes of Processing

We collect and use personal information to provide, operate, maintain, secure, and support the Services[cite: 1, 2]. We do not use personal information or Customer Data for AI training[cite: 1, 2].

4.4 Cookies

We use essential cookies only, being cookies strictly necessary for the operation, authentication, security, session management, and core functionality of the websites or Services[cite: 1, 2].

4.5 Disclosure of Personal Information

We do not sell personal information[cite: 1, 2]. We may disclose personal information to Paddle (for transaction verification), hosting and infrastructure service providers, professional advisers, or where required by law[cite: 1, 2].

4.6 Retention

We retain personal information only for as long as reasonably necessary to fulfil the purposes described herein[cite: 1, 2]. Where an Account is cancelled or terminated, we may retain associated Account data and Customer Data for up to thirty (30) days, after which such data may be deleted or de-identified[cite: 1, 2].

4.7 Contact

Privacy-related enquiries may be directed to: [email protected]

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5. Acceptable Use Policy

5.1 Application

This Acceptable Use Policy ("AUP") governs all access to and use of the Services and Software[cite: 1, 2].

5.2 Lawful and Authorised Use

You may use the Services solely for lawful, authorised, and legitimate business purposes[cite: 1, 2]. Where the Services enable device management or administration, you must ensure that you have all necessary rights, permissions, authorisations, and lawful basis required under applicable law[cite: 1, 2].

5.3 Prohibited Conduct

You must not use the Services or Software to[cite: 1, 2]:

• access, monitor, or control any device, account, or system without proper authorization[cite: 1, 2];
• engage in covert surveillance, hidden monitoring, stalking, spyware-like conduct, or deceptive access practices[cite: 1, 2];
• violate any applicable law, regulation, sanction, or third-party right[cite: 1, 2];
• transmit, store, or deploy malware, ransomware, viruses, or harmful code[cite: 1, 2]; or
• probe, scan, test, or exploit vulnerabilities of the Services without prior written consent[cite: 1, 2].

5.4 Reporting

Suspected misuse or abuse of the Services may be reported to [email protected][cite: 1, 2].

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6. Data Processing Addendum

6.1 Purpose and Incorporation

This Data Processing Addendum ("DPA") forms part of, and is incorporated into, the agreement between the Company and the Customer governing use of the Services[cite: 1, 2]. This DPA applies where, and to the extent that, we process Personal Data on behalf of the Customer in connection with the Services[cite: 1, 2].

6.2 Roles of the Parties

Customer acts as Controller and Company acts as Processor with respect to Personal Data processed under this DPA[cite: 1, 2]. Paddle's handling of buyer transaction information as Merchant of Record is governed by Paddle's own legal terms and privacy documentation[cite: 1, 2].

6.3 Subprocessors

Customer hereby grants general authorisation for us to engage Subprocessors in connection with the Services[cite: 1, 2]. As of the Effective Date, the identified relevant Subprocessor is Paddle (for transaction coordination and subscription status handling)[cite: 1, 2].

6.4 Deletion and Retention

Upon termination or expiry of the Principal Agreement, we shall delete or de-identify Personal Data in accordance with our standard retention practices, including retention for up to thirty (30) days post-termination[cite: 1, 2].

6.5 Contact

Enquiries relating to this DPA may be directed to [email protected][cite: 1, 2].

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