Trial / Evaluation Agreement

This Trial Agreement is between CyberOrbit AI Pty Ltd (ACN 700 012 157, ABN 75 700 012 157) (CyberOrbit), and the organisation on whose behalf the trial is activated (you or the Customer), for your evaluation of the Services on a limited, no-fee or reduced-fee basis. The person who accepts confirms they are authorised to bind the Customer.

The Services are AI-driven penetration testing. An autonomous AI agent performs active, offensive testing(including active exploitation and adaptive sandbox-based probing), and the assessment reports you take to certification are reviewed and signed by a certified security professional, as described in the Terms of Service. Testing output generated between certified reports is AI-produced without individual human sign-off.

The trial runs for 30 days from activation (the Trial Period), unless we agree a different length in writing or it ends earlier under the Data, Confidentiality and Deletion or Termination sections below. The trial length and the number of assessments included are shown to you when you activate the trial.

A completed and accepted Penetration Testing Authorisation is required for every target before any scan begins, including during the trial. The Authorisation may be accepted electronically, and an electronic acceptance is valid and enforceable under the Electronic Transactions Act 1999 (Cth). The trial does not waive the criminal-law requirement for authorisation. Active testing without authorisation is an offence regardless of whether fees are paid.

You represent and warrant that you own or hold written authority over every target you submit, and you accept the authority warranties and indemnity in the Penetration Testing Authorisation.

• The trial Services are provided strictly "AS IS" and "AS AVAILABLE", with no warranties of any kind to the maximum extent permitted by law, and except for rights that cannot be excluded under the Australian Consumer Law.
• There is no Service Level Agreement during the trial. Availability, performance, support, and features may change or be withdrawn at any time.
• CyberOrbit does not warrant that all vulnerabilities will be found, that systems will be secure after testing, or that testing will not cause disruption.

To the maximum extent permitted by law (and subject to non-excludable consumer guarantees), CyberOrbit's total liability arising from the trial is limited to AUD 100, and neither party is liable for indirect or consequential loss. This limit is reasonably necessary to protect CyberOrbit's legitimate interests because the Services are provided for evaluation on a no-fee or reduced-fee basis, "AS IS", and without a Service Level Agreement; the parties agree it is a fair and proportionate allocation of risk for a trial and is not an unfair contract term within the meaning of the Australian Consumer Law.

For testing within the authorised scope and test window performed with reasonable skill and care, CyberOrbit is not liable for in-scope disruption or pre-existing vulnerabilities. You indemnify CyberOrbit for unauthorised testing and unlawful use.

This Agreement governs your use of the Services during the Trial Period. To the extent of any inconsistency between this Agreement and the Terms of Service during the Trial Period, this Agreement prevails, and the liability cap in the Terms of Service does not apply during the Trial Period. The AUD 100 cap does not apply to, and does not limit: (a) your indemnity obligations; (b) either party's breach of confidentiality; (c) either party's infringement or misuse of the other's intellectual property; or (d) any liability that cannot lawfully be excluded, including under the Australian Consumer Law.

• Our Acceptable Use Policy and our Data Processing Agreement apply to the trial and are incorporated by reference. A copy of the Data Processing Agreement is available on request via the legal contact form below.
• On the end of the Trial Period, CyberOrbit will delete your trial data and assessment results within 30 days, unless you convert to a paid subscription or law requires retention.
• Each party keeps the other's confidential information confidential.

Either party may end the trial at any time on written notice. On termination, access ends and the 30-day deletion above applies.

New South Wales, Australia. Disputes are resolved by good-faith negotiation, then arbitration administered by ACICA in Sydney.

You accept this Agreement by ticking the acceptance box and clicking to accept when you activate or join a trial. Electronic acceptance is valid and enforceable under the Electronic Transactions Act 1999 (Cth). As evidence of acceptance, CyberOrbit records the accepting account, the version of this Agreement accepted, the date and time, the originating IP address, and a cryptographic hash of the acceptance statement you confirmed. We retain this record for the period required by Australian record-keeping obligations. You may instead request to execute this Agreement by signature via the legal contact form below.