DYDOX ON-DEMAND TERMS AND CONDITIONS

Effective Date: 24 June 2026

These Terms and Conditions ("Terms") govern access to and use of the DyDox On-Demand service made available by OpnLabs Pty Ltd (ABN 94631085320) of Australia ("OpnLabs", "we", "our" or "us").

By booking, accessing, using, evaluating or otherwise interacting with DyDox, you acknowledge that you have read, understood and agree to be bound by these Terms.

In these Terms, unless the context otherwise requires:

Acceptable Use Requirements means the requirements set out in clause 9.

AI Model means any artificial intelligence model, machine learning model, large language model, retrieval augmented generation system, vector database, knowledge graph system, reasoning engine or related technology used in connection with DyDox.

Assessment Artefacts means cybersecurity documentation, assessment material, evidence, records, diagrams, policies, procedures, reports, framework mappings, control documentation, risk documentation and any other information uploaded to or processed by DyDox.

Booking means a reservation for access to the DyDox On-Demand service made through the online booking platform or otherwise accepted by OpnLabs.

Booking Window means the period of access purchased by a User and confirmed by OpnLabs.

Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales, Australia.

Confidential Information means information disclosed by one party to the other which is confidential by nature or designated as confidential, including technical information, commercial information, security information, methodologies, software, trade secrets, source materials and business information.

Customer Data means all information, content, documents, files, records, Assessment Artefacts and other materials submitted, uploaded, transmitted or otherwise provided by a User through DyDox.

Documentation means any manuals, guides, instructions, specifications, online materials or other documentation relating to DyDox.

DyDox means the artificial intelligence and machine learning enabled cybersecurity assessment and dynamic documentation platform operated by OpnLabs and made available through https://opnlabs.au/dydox.

DyDox On-Demand means the evaluation, demonstration and proof-of-concept service offered by OpnLabs under these Terms.

Fees means all charges, booking fees, service fees and other amounts payable by a User under these Terms.

Generated Outputs means any reports, assessments, mappings, recommendations, documentation, analyses, findings, artefacts, templates, content or other materials generated by DyDox.

GST has the meaning given under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all present and future intellectual property rights including copyright, patents, trademarks, trade secrets, designs, know-how, confidential information, database rights and all analogous rights worldwide.

OpnLabs Sample Artefacts means any sample documents, templates, frameworks, examples, demonstration materials or reference content supplied by OpnLabs.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Service means the DyDox On-Demand service provided by OpnLabs.

User, you or your means the individual or legal entity booking, accessing or using the Service.

Unless the context otherwise requires:

(a) headings are for convenience only and do not affect interpretation;

(b) the singular includes the plural and vice versa;

(c) references to legislation include amendments and replacements;

(d) references to a person include an individual, corporation, government agency, partnership or other legal entity; and

(e) the words "including", "includes" and similar expressions are not words of limitation.

These Terms constitute a legally binding agreement between OpnLabs and the User.

A User is deemed to accept these Terms by:

(a) making a Booking;

(b) paying any applicable Fees;

(c) accessing the Service;

(d) uploading any Customer Data;

(e) receiving Generated Outputs; or

(f) otherwise using DyDox.

Where a User accesses the Service on behalf of an organisation, the User represents and warrants that they are authorised to bind that organisation to these Terms.

These Terms constitute the entire agreement between the parties regarding DyDox On-Demand and supersede all prior discussions, negotiations, understandings and representations.

The Service is intended for professional users, organisations and authorised representatives of organisations.

By using the Service, the User represents and warrants that:

(a) they are at least 18 years of age;

(b) they have legal capacity to enter into these Terms;

(c) all information provided is accurate and complete;

(d) they possess all rights, permissions and authorities necessary to upload Customer Data; and

(e) their use of the Service complies with all applicable laws.

The Service is designed primarily for:

(a) government agencies;

(b) defence organisations;

(c) critical infrastructure operators;

(d) financial institutions;

(e) healthcare organisations;

(f) managed security service providers;

(g) cybersecurity consultants;

(h) cybersecurity assessors; and

(i) governance, risk and compliance practitioners.

The Service must not be used by any person prohibited from receiving or using the Service under applicable laws.

DyDox is an artificial intelligence and machine learning enabled cybersecurity assessment and dynamic documentation platform.

The Service enables Users to upload cybersecurity-related documentation and Assessment Artefacts for automated analysis and document generation.

DyDox may utilise technologies including:

(a) Retrieval Augmented Generation (RAG);

(b) vector database indexing;

(c) knowledge graph generation;

(d) artificial intelligence reasoning systems;

(e) machine learning models;

(f) cybersecurity framework mapping engines;

(g) automated assessment workflows; and

(h) dynamic documentation generation systems.

DyDox may generate outputs including:

(a) System Security Plans (SSPs);

(b) Statements of Applicability (SoAs);

(c) System Risk Management Plans (SRMPs);

(d) Cybersecurity Assessment Reports (CARs);

(e) control mappings;

(f) compliance artefacts;

(g) supporting assessment documentation; and

(h) related cybersecurity documentation.

The User acknowledges and agrees that DyDox is an evolving platform.

OpnLabs may at any time and without notice:

(a) modify functionality;

(b) modify workflows;

(c) modify user interfaces;

(d) modify processing methodologies;

(e) modify generated outputs;

(f) add or remove features;

(g) improve performance;

(h) alter supported cybersecurity frameworks; and

(i) change system architecture.

Although OpnLabs intends to maintain support for relevant cybersecurity frameworks, OpnLabs provides no guarantee, representation, commitment or service level regarding the timing or implementation of framework updates published by:

(a) ASD;

(b) ACSC;

(c) NIST;

(d) ISO;

(e) CIS;

(f) PCI Security Standards Council;

(g) APRA; or

(h) any other framework owner or regulator.

The User acknowledges and agrees that DyDox On-Demand is provided primarily as:

(a) an evaluation service;

(b) a demonstration service;

(c) a testing environment;

(d) a proof-of-concept platform; and

(e) a capability assessment environment.

The Service is intended to demonstrate the potential benefits of:

(a) AI-assisted cybersecurity assessment;

(b) cybersecurity assessment readiness activities;

(c) dynamic cybersecurity documentation generation;

(d) documentation automation; and

(e) continuous documentation maintenance concepts.

DyDox On-Demand is not designed, warranted, certified or represented as suitable for:

(a) production use;

(b) operational accreditation activities;

(c) regulatory compliance activities;

(d) security certification activities;

(e) audit assurance engagements;

(f) business-critical decision making;

(g) production cybersecurity assessments;

(h) operational risk acceptance decisions; or

(i) formal assurance programs.

The User acknowledges that any use of DyDox On-Demand beyond evaluation, demonstration, testing or proof-of-concept purposes is undertaken entirely at the User's own risk.

The Service is not intended to replace:

(a) professional cybersecurity assessments;

(b) independent assurance services;

(c) IRAP assessments;

(d) internal audit activities;

(e) formal accreditation activities;

(f) production security assurance activities;

(g) legal advice;

(h) official contractual documentation;

(i) official security documentation;

(j) PCI DSS assessments;

(k) ISO certification assessments;

(l) NIST cybersecurity assessments;

(m) ACSC Essential Eight assessments; or

(n) artificial intelligence risk assessments.

Generated Outputs are provided solely for informational, evaluation, demonstration and proof-of-concept purposes.

Users must not rely upon Generated Outputs:

(a) to make operational security decisions;

(b) to obtain accreditation;

(c) to obtain certification;

(d) to satisfy regulatory obligations;

(e) to satisfy contractual obligations;

(f) to support legal proceedings;

(g) to support procurement decisions;

(h) to support production deployment decisions; or

(i) as a substitute for professional advice.

All Generated Outputs must be independently reviewed, validated and approved by appropriately qualified professionals before any use, implementation, reliance or distribution.

DyDox does not provide:

(a) legal advice;

(b) audit advice;

(c) regulatory advice;

(d) compliance advice;

(e) risk advice;

(f) cybersecurity consulting services; or

(g) professional assurance services.

Nothing generated by DyDox shall be interpreted as professional advice of any kind.

Generated Outputs do not constitute:

(a) certification;

(b) accreditation;

(c) formal audit findings;

(d) legal advice;

(e) independent assurance;

(f) regulatory approval;

(g) compliance determinations; or

(h) official assessment outcomes.

The User bears sole responsibility for determining the suitability, accuracy, completeness and appropriateness of all Generated Outputs for any intended purpose.

Human review, professional judgement and independent validation remain mandatory and are the sole responsibility of the User.

Access to DyDox On-Demand is available only through a valid Booking accepted by OpnLabs.

All Bookings:

(a) are subject to availability;

(b) are offered on a first-come, first-served basis;

(c) may be scheduled up to thirty (30) days in advance;

(d) are not confirmed until payment has been received or otherwise approved by OpnLabs; and

(e) are subject to these Terms.

Upon confirmation of a Booking, OpnLabs will issue a booking confirmation to the registered email address provided by the User.

The User is responsible for ensuring that all booking details are accurate.

Unless otherwise specified by OpnLabs:

(a) all Booking times operate according to Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Time (AEDT) as applicable;

(b) access commences at the scheduled commencement time; and

(c) access automatically terminates at the conclusion of the Booking Window.

The User acknowledges that:

(a) access may cease automatically at the end of the Booking Window;

(b) unused time is forfeited;

(c) no refund or credit will be provided for unused time unless required by law; and

(d) completion of any assessment activity within a Booking Window is not guaranteed.

The User acknowledges and agrees that:

(a) assessment duration may vary significantly depending upon the quantity, quality and complexity of Customer Data;

(b) completion of any assessment process is not guaranteed within a Booking Window;

(c) additional Booking time may be required; and

(d) previously consumed Booking time remains chargeable irrespective of assessment completion status.

Bookings exceeding twelve (12) hours are not available through the online booking portal.

Users requiring extended sessions must contact support@opnlabs.com for customised arrangements.

The User must pay all Fees specified at the time of Booking.

Unless otherwise stated:

(a) Fees are quoted in Australian Dollars (AUD);

(b) Fees are payable in Australian Dollars (AUD);

(c) Fees include GST; and

(d) GST will be added where required by law.

Where access is provided before payment:

(a) OpnLabs may issue an invoice;

(b) payment must be made by the due date specified on the invoice; and

(c) failure to pay may result in suspension or termination of access.

If an invoice remains unpaid thirty (30) days after the due date, the User must pay a late payment fee equal to the greater of:

(a) AUD $100; or

(b) ten percent (10%) of the invoice value.

If any amount remains unpaid more than thirty (30) days after the due date, an additional monthly late payment fee equal to the greater of:

(c) AUD $100; or

(d) twenty percent (20%) of the outstanding balance,

shall accrue for each month or part thereof until payment is made in full.

Without limiting any other rights available to OpnLabs, OpnLabs may:

(a) suspend Services;

(b) refuse future Bookings;

(c) withhold deliverables;

(d) engage debt recovery services;

(e) recover collection costs; and

(f) recover legal costs to the extent permitted by law.

Bookings may be cancelled up to twelve (12) hours before the scheduled commencement time.

Where cancellation occurs within twelve (12) hours of commencement:

(a) Fees are non-refundable; and

(b) a cancellation charge of up to one hundred percent (100%) of the Booking value may apply.

If a User fails to attend or access a booked session:

(a) no refund is payable;

(b) no service credit is payable; and

(c) the Booking shall be deemed consumed.

If a User experiences a technical issue, the User must:

(a) collect screenshots where possible;

(b) gather relevant supporting information; and

(c) promptly notify OpnLabs at support@opnlabs.com.

OpnLabs may, at its sole discretion:

(d) provide service credits;

(e) reissue Booking time; or

(f) provide alternative remediation.

No refund is guaranteed except where required by law.

The User is solely responsible for:

(a) all Customer Data uploaded to DyDox;

(b) all activity occurring under their access credentials;

(c) compliance with applicable laws;

(d) determining the suitability of the Service for their purposes;

(e) reviewing all Generated Outputs; and

(f) maintaining copies of all required documentation.

The User is solely responsible for ensuring that Customer Data is:

(a) accurate;

(b) complete;

(c) current;

(d) lawful; and

(e) suitable for processing through the Service.

OpnLabs has no obligation to verify the accuracy, completeness or validity of Customer Data.

The User warrants that they possess all rights, permissions, licences and authorities necessary to:

(a) upload Customer Data;

(b) process Customer Data through DyDox;

(c) provide Customer Data to OpnLabs; and

(d) permit the generation of Generated Outputs.

The User remains solely responsible for:

(a) data classification decisions;

(b) security classification decisions;

(c) information handling requirements;

(d) regulatory restrictions; and

(e) data sovereignty obligations.

Unless authorised by the User's own internal governance processes and risk assessments, Users should not upload:

(a) classified information;

(b) protected information;

(c) national security information;

(d) highly sensitive operational information;

(e) information subject to sovereign restrictions; or

(f) information prohibited from cloud processing.

The User is solely responsible for downloading, retaining and safeguarding Generated Outputs.

OpnLabs does not guarantee ongoing access to any Generated Outputs following expiry of a Booking Window.

The User must use DyDox lawfully, responsibly and in accordance with these Terms.

The User must not upload, submit, transmit or process:

(a) unlawful content;

(b) malicious software;

(c) ransomware;

(d) viruses;

(e) spyware;

(f) infringing material;

(g) unauthorised confidential information;

(h) unauthorised proprietary information;

(i) content that violates applicable laws; or

(j) content intended to interfere with Service operations.

The User must not:

(a) abuse the Service;

(b) misuse the Service;

(c) interfere with Service operations;

(d) circumvent technical controls;

(e) conduct unauthorised testing;

(f) attempt unauthorised access;

(g) reverse engineer the platform except where such restriction is prohibited by law;

(h) disrupt other users; or

(i) compromise Service security.

Users must not conduct penetration testing, vulnerability assessments, security testing or other intrusive activities against DyDox or associated infrastructure without OpnLabs' prior written approval.

Access is granted solely to the individual User associated with the Booking.

The User must not:

(a) share credentials;

(b) share access;

(c) transfer Bookings;

(d) resell access;

(e) sublicense access;

(f) provide access to third parties; or

(g) permit unauthorised use of the Service.

Without OpnLabs' prior written consent, the User must not use DyDox:

(a) for commercial training services;

(b) for educational services;

(c) for third-party consulting services;

(d) for outsourced assessment services;

(e) as a managed service offering; or

(f) as part of any commercial service delivered to third parties.

Except with OpnLabs' prior written consent, the User must not:

(a) video record sessions;

(b) screen record sessions;

(c) live stream sessions;

(d) broadcast demonstrations;

(e) publish screenshots;

(f) distribute screenshots;

(g) create benchmark reports;

(h) conduct competitive analysis;

(i) document methodologies;

(j) replicate workflows;

(k) replicate assessment methodologies;

(l) replicate documentation methodologies; or

(m) use DyDox to develop competing products or services.

The User may capture screenshots solely for:

(a) support purposes;

(b) troubleshooting purposes; or

(c) incident reporting purposes.

OpnLabs may immediately suspend or terminate access without notice and without refund if it reasonably suspects a breach of this clause.

DyDox and all associated Intellectual Property Rights remain the exclusive property of OpnLabs and its licensors.

Without limitation, OpnLabs retains ownership of:

(a) software;

(b) source code;

(c) object code;

(d) AI Models;

(e) workflows;

(f) methodologies;

(g) assessment logic;

(h) knowledge graphs;

(i) templates;

(j) dashboards;

(k) trade secrets;

(l) know-how;

(m) Documentation; and

(n) all improvements thereto.

Subject to these Terms, the User retains ownership of Customer Data.

The User grants OpnLabs a non-exclusive, worldwide, royalty-free licence to host, process, analyse, store, transmit and use Customer Data solely for the purpose of providing the Service.

Subject to clause 10.6, ownership of Generated Outputs generated from Customer Data vests in the User upon payment of applicable Fees.

All OpnLabs Sample Artefacts remain the exclusive property of OpnLabs.

Any Generated Outputs derived wholly or partly from OpnLabs Sample Artefacts remain the property of OpnLabs.

All rights not expressly granted under these Terms are reserved by OpnLabs.

OpnLabs will handle Personal Information in accordance with:

(a) applicable Australian privacy laws; and

(b) the Privacy Act 1988 (Cth),

to the extent applicable to the Service.

Each party must keep confidential and not disclose the other party's Confidential Information except:

(a) as required by law;

(b) with prior written consent; or

(c) where necessary for performance of these Terms.

Confidential Information does not include information that:

(a) is publicly available other than through breach;

(b) was already lawfully known;

(c) is independently developed; or

(d) is lawfully obtained from a third party.

The User acknowledges and agrees that OpnLabs may utilise:

(a) cloud providers;

(b) hosting providers;

(c) infrastructure providers;

(d) software vendors;

(e) support providers; and

(f) technology partners

to deliver the Service.

Customer Data may be processed, stored, transmitted, accessed or supported:

(a) within Australia; or

(b) outside Australia.

The User expressly consents to such processing.

OpnLabs does not warrant that Customer Data will remain within any particular jurisdiction.

The User remains solely responsible for determining whether use of the Service satisfies applicable data sovereignty requirements.

The User acknowledges that:

(a) hosting providers may change;

(b) infrastructure locations may change;

(c) support locations may change; and

(d) processing locations may change,

without notice.

The User acknowledges that DyDox may operate within shared or multi-tenant environments utilised by other customers, suppliers, industry participants or competitors.

The User remains solely responsible for determining whether Customer Data is suitable for processing in such environments.

OpnLabs does not intentionally retain:

(a) uploaded documents;

(b) Generated Outputs; or

(c) intermediate assessment artefacts,

beyond operational requirements necessary to provide the Service.

Following expiry of a Booking Window:

(a) computing resources may be recycled;

(b) temporary environments may be destroyed;

(c) uploaded information may be deleted; and

(d) Customer Data may become irretrievable.

OpnLabs does not use:

(a) Customer Data;

(b) Generated Outputs;

(c) assessment information; or

(d) customer intellectual property,

for training proprietary large language models or artificial intelligence systems.

OpnLabs will implement reasonable technical and organisational measures designed to protect Customer Data; however, no system can be guaranteed to be completely secure.

The User acknowledges and accepts all risks inherent in electronic communications, cloud services and internet-based processing.

OpnLabs may provide support services in connection with DyDox On-Demand at its discretion.

Support services are provided on a best-efforts basis only.

Unless expressly agreed in writing, no service level agreements, uptime commitments, response time commitments or resolution time commitments apply to DyDox On-Demand.

The User acknowledges and agrees that support personnel, contractors, suppliers and service providers may be located:

(a) within Australia; or

(b) outside Australia.

Support systems, ticketing platforms, collaboration platforms, monitoring systems and operational tooling may be hosted or operated outside Australia.

OpnLabs does not warrant or guarantee:

(a) availability of support personnel;

(b) support response times;

(c) resolution times;

(d) successful resolution of issues;

(e) continuity of support services; or

(f) completion of troubleshooting activities within any specified timeframe.

The User must provide all information reasonably requested by OpnLabs to investigate and respond to support requests.

Failure to provide requested information may delay or prevent support assistance.

The User acknowledges and agrees that DyDox utilises artificial intelligence, machine learning and automated processing technologies.

Generated Outputs may be produced wholly or partly through automated processing and are not reviewed by a human prior to delivery.

The User acknowledges that artificial intelligence systems may produce different outputs from similar inputs.

Generated Outputs may vary over time and between assessments.

Generated Outputs:

(a) may contain errors;

(b) may be incomplete;

(c) may omit controls;

(d) may omit risks;

(e) may omit framework requirements;

(f) may contain inaccuracies;

(g) may contain assumptions;

(h) may contain outdated information; and

(i) may not reflect current regulatory expectations.

Artificial intelligence cannot replace professional judgement, expert review or independent validation.

The User remains solely responsible for exercising professional judgement regarding any Generated Outputs.

Before relying upon, distributing, implementing or acting upon any Generated Outputs, the User must ensure such outputs are independently reviewed and validated by appropriately qualified professionals.

OpnLabs does not warrant or represent that Generated Outputs will:

(a) satisfy regulatory requirements;

(b) satisfy contractual requirements;

(c) satisfy accreditation requirements;

(d) satisfy certification requirements;

(e) satisfy audit requirements;

(f) satisfy security requirements;

(g) identify all risks;

(h) identify all vulnerabilities; or

(i) identify all compliance obligations.

Generated Outputs must not be relied upon as the sole basis for:

(a) operational decisions;

(b) security decisions;

(c) risk acceptance decisions;

(d) procurement decisions;

(e) accreditation decisions;

(f) certification decisions;

(g) compliance determinations; or

(h) regulatory submissions.

DyDox On-Demand is not designed, warranted, certified or represented as suitable for:

(a) production environments;

(b) operational accreditation activities;

(c) regulatory compliance activities;

(d) audit assurance activities;

(e) security certification activities;

(f) production cybersecurity assessments;

(g) business-critical decision making; or

(h) operational risk acceptance.

Any such use is undertaken entirely at the User's own risk.

OpnLabs may immediately suspend access to the Service without notice where OpnLabs reasonably believes:

(a) these Terms have been breached;

(b) Fees remain unpaid;

(c) Customer Data creates legal, regulatory or security risks;

(d) the Service is being misused;

(e) the Service is being abused;

(f) unauthorised access has occurred or is suspected;

(g) continued access may adversely affect DyDox, OpnLabs or other users; or

(h) suspension is necessary to comply with law or regulatory requirements.

OpnLabs may terminate a User's access immediately by written notice where:

(a) a material breach of these Terms occurs;

(b) repeated breaches occur;

(c) fraudulent activity is suspected;

(d) illegal activity is suspected; or

(e) continued provision of the Service becomes impractical or commercially unreasonable.

Access granted under a Booking automatically expires upon completion of the applicable Booking Window unless otherwise agreed in writing.

During any suspension:

(a) access may be disabled;

(b) Customer Data may become inaccessible;

(c) Generated Outputs may become inaccessible; and

(d) no refund is payable unless required by law.

Upon termination:

(a) all rights granted to the User cease immediately;

(b) access credentials may be disabled;

(c) temporary environments may be destroyed;

(d) Customer Data may be deleted in accordance with OpnLabs operational practices; and

(e) unpaid amounts immediately become due and payable.

To the maximum extent permitted by law, OpnLabs is not liable for any loss arising from suspension, restriction or termination of access under these Terms.

The User indemnifies, defends and holds harmless OpnLabs, its directors, officers, employees, contractors, subcontractors, suppliers, licensors and affiliates from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, penalties, fines, costs and expenses (including reasonable legal costs on a full indemnity basis) arising directly or indirectly from:

(a) Customer Data;

(b) uploaded content;

(c) breach of these Terms;

(d) unlawful use of the Service;

(e) misuse of Generated Outputs;

(f) reliance upon Generated Outputs by the User or any third party;

(g) infringement or alleged infringement of Intellectual Property Rights;

(h) breach of confidentiality obligations by the User;

(i) breach of privacy obligations by the User;

(j) regulatory non-compliance arising from the User's conduct;

(k) unauthorised disclosure of information;

(l) use of the Service contrary to its intended purpose; or

(m) any claim brought by a third party relating to the User's use of the Service.

OpnLabs may assume conduct of any claim subject to indemnification and the User must provide all reasonable assistance requested by OpnLabs.

The indemnities contained in these Terms are continuing obligations independent of other obligations and survive expiry or termination of these Terms.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law, including the Competition and Consumer Act 2010 (Cth).

To the maximum extent permitted by law, OpnLabs excludes all liability for:

(a) indirect loss;

(b) consequential loss;

(c) special loss;

(d) exemplary loss;

(e) punitive damages;

(f) loss of profits;

(g) loss of revenue;

(h) loss of opportunity;

(i) loss of goodwill;

(j) loss of anticipated savings;

(k) loss of business;

(l) loss of contracts;

(m) loss of reputation;

(n) business interruption;

(o) regulatory penalties;

(p) compliance failures;

(q) accreditation failures;

(r) certification failures;

(s) security incidents;

(t) cyber incidents;

(u) loss of data; and

(v) corruption of data.

The User expressly acknowledges that DyDox On-Demand is an evaluation, demonstration and proof-of-concept service and that the Fees charged reflect the allocation of risk under these Terms.

To the maximum extent permitted by law, OpnLabs shall have no liability arising from:

(a) inaccuracies in Generated Outputs;

(b) omissions in Generated Outputs;

(c) reliance on Generated Outputs;

(d) decisions made using Generated Outputs;

(e) implementation of Generated Outputs; or

(f) failure of Generated Outputs to meet User expectations.

OpnLabs is not liable for failures, interruptions, errors or security incidents arising from third-party providers, including cloud providers, infrastructure providers, software providers and telecommunications providers.

To the maximum extent permitted by law, the total aggregate liability of OpnLabs arising out of or in connection with a claim shall not exceed the total Fees actually paid by the User for the specific Booking giving rise to the claim.

The parties acknowledge that the exclusions, limitations and liability cap contained in these Terms are fair, reasonable and form an essential basis of the agreement between the parties.

OpnLabs shall not be liable for any delay, interruption, failure or inability to perform obligations caused by circumstances beyond its reasonable control, including:

(a) natural disasters;

(b) fire;

(c) flood;

(d) earthquake;

(e) pandemic;

(f) epidemic;

(g) industrial disputes;

(h) war;

(i) terrorism;

(j) civil unrest;

(k) government actions;

(l) regulatory actions;

(m) internet outages;

(n) telecommunications failures;

(o) cloud provider outages;

(p) infrastructure failures;

(q) data centre failures;

(r) cybersecurity incidents;

(s) denial of service attacks;

(t) supply chain disruptions; or

(u) failures of third-party suppliers.

During a Force Majeure Event, affected obligations shall be suspended to the extent reasonably necessary.

A Force Majeure Event does not entitle the User to any refund, compensation or damages except where required by law.

OpnLabs will use reasonable efforts to mitigate the effects of any Force Majeure Event but does not guarantee uninterrupted operation of the Service.

OpnLabs may amend, update, replace or modify these Terms at any time by publishing revised Terms on the DyDox website or otherwise making revised Terms available to Users.

Unless otherwise specified by OpnLabs, amended Terms become effective immediately upon publication.

Continued access to or use of the Service following publication of amended Terms constitutes acceptance of those amended Terms.

The User is responsible for reviewing the current version of the Terms prior to making a Booking or using the Service.

OpnLabs may provide notices to Users by:

(a) email;

(b) publication on the DyDox website;

(c) publication within the Service;

(d) inclusion within booking communications; or

(e) any other reasonable electronic means.

Notices to OpnLabs must be sent to:

Email: support@opnlabs.com

or to any alternative contact details notified by OpnLabs from time to time.

A notice sent by email shall be deemed received:

(a) when transmitted, unless the sender receives an automated failure notification; or

(b) if transmitted outside Business Hours, at the commencement of the next Business Day.

Nothing in these Terms creates:

(a) a partnership;

(b) a joint venture;

(c) an agency relationship;

(d) a fiduciary relationship; or

(e) an employment relationship

between OpnLabs and the User.

OpnLabs provides the Service as an independent contractor.

OpnLabs may assign, novate, transfer or otherwise deal with its rights and obligations under these Terms without the consent of the User.

The User may not assign, transfer, novate or otherwise deal with any rights or obligations under these Terms without OpnLabs' prior written consent.

OpnLabs may engage subcontractors, service providers, cloud providers, hosting providers and other third parties in connection with the provision of the Service.

OpnLabs remains entitled to determine the providers used to deliver the Service.

A failure or delay by either party to exercise a right, power or remedy under these Terms does not constitute a waiver of that right, power or remedy.

Rights and remedies provided under these Terms are cumulative and do not exclude any rights or remedies available at law.

Each party must do all things reasonably necessary to give effect to these Terms.

If any provision of these Terms is determined by a court or competent authority to be invalid, unlawful, void or unenforceable, that provision shall be severed to the minimum extent necessary.

The remaining provisions shall continue in full force and effect and shall remain binding upon the parties.

Where lawful and possible, any invalid or unenforceable provision shall be interpreted or modified so as to achieve substantially the same commercial effect as originally intended.

These Terms are governed by and shall be construed in accordance with the laws of New South Wales, Australia.

The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

Users accessing the Service from outside Australia do so at their own initiative and are responsible for compliance with applicable local laws.

Any provision which by its nature is intended to survive termination or expiry shall survive, including without limitation:

(a) Intellectual Property provisions;

(b) Confidentiality obligations;

(c) Privacy obligations;

(d) Indemnities;

(e) Liability limitations;

(f) Payment obligations;

(g) Dispute-related provisions;

(h) Governing law provisions; and

(i) any accrued rights or remedies.

Termination or expiry does not affect any rights, liabilities, obligations or remedies accrued before termination or expiry.

These Terms constitute the entire agreement between the parties relating to DyDox On-Demand.

These Terms supersede all prior:

(a) negotiations;

(b) discussions;

(c) understandings;

(d) representations;

(e) proposals;

(f) statements; and

(g) agreements,

whether oral or written, relating to the Service.

The User acknowledges that it has not relied upon any representation, warranty, statement or promise not expressly contained within these Terms.

The User expressly acknowledges and agrees that DyDox On-Demand is primarily an:

(a) evaluation service;

(b) demonstration service;

(c) testing platform; and

(d) proof-of-concept offering.

The User acknowledges that DyDox On-Demand is not intended, designed, certified, warranted or represented as suitable for:

(a) production use;

(b) operational accreditation;

(c) regulatory compliance activities;

(d) security certification activities;

(e) formal assurance activities;

(f) audit assurance activities;

(g) production cybersecurity assessments;

(h) business-critical decision making; or

(i) operational risk acceptance decisions.

The User acknowledges that Generated Outputs:

(a) are provided for informational purposes only;

(b) are generated using artificial intelligence and automated processing technologies;

(c) may contain errors;

(d) may be incomplete;

(e) may omit controls, risks or requirements;

(f) may not reflect current regulatory expectations; and

(g) require independent validation.

The User acknowledges that all Generated Outputs must be independently reviewed, validated and approved by appropriately qualified professionals before any reliance, implementation or use.

The User acknowledges sole responsibility for:

(a) Customer Data;

(b) uploaded content;

(c) information classification decisions;

(d) data sovereignty decisions;

(e) regulatory compliance decisions;

(f) reliance on Generated Outputs;

(g) implementation decisions; and

(h) all outcomes arising from use of the Service.

The User expressly acknowledges and consents to the possibility that Customer Data may be processed, transmitted, stored or supported outside Australia.

The User acknowledges that DyDox may operate within shared or multi-tenant environments and that responsibility for determining the appropriateness of uploaded information remains solely with the User.

The User acknowledges that OpnLabs does not use Customer Data, Generated Outputs, customer intellectual property or customer assessment information to train proprietary large language models.

The User acknowledges that the liability limitations, disclaimers, exclusions and risk allocations contained within these Terms form a fundamental basis upon which the Service is made available.

By booking, accessing or using DyDox, the User:

(a) acknowledges having read these Terms;

(b) acknowledges understanding these Terms;

(c) agrees to be legally bound by these Terms;

(d) accepts all disclaimers, exclusions and limitations contained within these Terms; and

(e) agrees that use of the Service constitutes electronic acceptance of this agreement.

OpnLabs Pty Ltd
DyDox On-Demand
Support: support@opnlabs.com
Website: https://opnlabs.au/dydox

End of Terms and Conditions