EULA

HyperSec End User License Agreement (EULA)

Last Updated: 9 September 2025
Governing Law: Australian Capital Territory, Australia
ABN: 31 622 581 748

This EULA is published at https://hypersec.io/eula. By downloading, installing, accessing, or using any HyperSec Software, you agree to the then-current EULA at that URL.

1. Parties and Acceptance

This End User License Agreement (“Agreement” or “EULA”) is between HyperSec Pty Ltd (ABN 31 622 581 748) (“HyperSec”, “we”, “us”) and the entity or person that downloads, installs, accesses, or uses the Software (“Licensee”, “you”).

If you accept on behalf of an entity, you represent that you have authority to bind that entity. If you do not agree to this EULA, do not use the Software.

2. Definitions and Interpretation

  • Affiliate: An entity that controls, is controlled by, or is under common control with a party.
  • Community Edition: The no-fee edition of the Software, subject to the feature and usage constraints set out in Schedule A – Community Edition Usage Limits.
  • Enterprise Edition: The paid, full-feature edition identified in an Order or invoice.
  • Hosted Service: Any cloud or managed service operated by HyperSec for your use of the Software.
  • Internal Use: Use solely for your own business operations by your employees and individual contractors under your direction, and not for the benefit of unaffiliated third parties.
  • Order: A HyperSec order form, quote, invoice, or similar document identifying the Software, edition, quantities, term and fees.
  • Software: The HyperSec Data Fusion Engine (DFE), HyperSec XDR, and Edge Stream Hub (ESH, formerly HyperCollectors), including updates and components supplied by HyperSec.
  • Usage Data: Technical telemetry about license status, features, node identifiers, and throughput metrics; excluding Customer Content and personal data except as required for licensing and security.

Interpretation: Headings are for convenience only. “Including” means “including without limitation”.

3. Scope, Editions, and Deployment

  1. License Grant: HyperSec grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software for Internal Use during the licensed term or under the Community limits.
  2. Community Edition: Provided free of charge, feature- and capacity-limited per Schedule A.
  3. Enterprise Edition: Paid, full-feature, per Order.
  4. Deployment Models: On-premise or Hosted Service; both governed by this EULA.
  5. Evaluation: Time-limited, non-production, “as-is”.

4. Restrictions

  • No reverse engineering, decompilation, or disassembly except where required by law.
  • No provision of Software as a managed, hosted, SaaS/PaaS, or similar service without an Enterprise agreement expressly allowing it.
  • No redistribution, reselling, sublicensing, or sharing of the Software.
  • No circumvention of license keys, throughput limits, or technical controls.
  • Community Edition: Internal use only.

5. Open Source and Third-Party Components

Third-party and open-source components are subject to their respective licenses. Notices may be listed in the Documentation or on HyperSec’s website.

6. Ownership

The Software is licensed, not sold. HyperSec retains all intellectual property rights. Feedback may be used freely.

7. Government Customers

  1. Government agencies may disclose this EULA as required by law, redacting confidential details where permitted.
  2. Termination for convenience: 30 days’ notice, with payment for work performed and reasonable demobilisation costs.
  3. HyperSec indemnifies for IP infringement claims arising from authorised use.
  4. Audit obligations may be satisfied via reports or attestations; on-site only where required by law or agreed in writing.

8. Fees and Taxes

Enterprise fees are per Order and exclude GST. Fees are non-refundable except as required by law.

9. Support, Maintenance, and Changes

Community Edition: Provided “as-is”; no support or SLA.
Enterprise Edition: Support per Order. HyperSec may update or modify features, provided functionality is not materially degraded during an active term.

10. Telemetry and Audit

HyperSec may collect telemetry for licensing, security, and updates. Customers must maintain usage records.
Audits require 10 business days’ notice and occur at most once per year. Under-licensing over 5% or wilful breach must be rectified and costs paid.

11. Confidentiality and Data Protection

Each party must protect the other’s Confidential Information. HyperSec applies security controls for Hosted Services.

12. Warranties and Australian Consumer Law

The Software and Hosted Service are provided “as-is” and “as-available.”
Nothing excludes rights under the Australian Consumer Law (ACL). Remedies may be limited to resupply, repair, or reimbursement as allowed by law.

13. Intellectual Property Indemnity

HyperSec indemnifies against IP claims from authorised use. Remedies may include modification, replacement, or refund for unused term.
Excludes combinations, alterations, or misuse.

14. Liability

Neither party is liable for indirect, incidental, or consequential losses, or lost profits or data.
HyperSec’s aggregate liability is limited to fees paid in the prior 12 months (or AUD $100 if none).
This does not exclude liability for fraud, willful misconduct, or non-excludable personal injury.

15. Term and Termination

Either party may terminate for uncured breach with 14 days’ notice, or immediately for material or circumvention breaches.
Upon termination, all rights cease and Software must be deleted. Sections 4–15 and Schedule A survive termination.

16. Export and Sanctions

You must comply with all applicable export control and sanctions laws.

17. Publicity

HyperSec may list your organisation as a customer unless you opt out. No government name or insignia use without consent.

18. Assignment and Subcontracting

You may not assign without consent. HyperSec may assign to an affiliate or successor and subcontract under its responsibility.

19. General

This EULA and any Order form the entire agreement.
HyperSec may update this EULA by posting a new version at this URL; continued use implies acceptance.
Invalid terms do not affect the rest. Notices must be in writing.

20. Governing Law and Jurisdiction

Governed by the laws of the Australian Capital Territory and the Commonwealth of Australia.
Exclusive jurisdiction lies with the ACT courts. The CISG does not apply.

Schedule A – Community Edition Usage Limits

Last Updated: 9 September 2025

  • A. Feature Differences: excludes SSO/auth integration, AI analytics, multi-tenant management, and premium support.
  • B. Capacity Metrics: limited by published thresholds (e.g. ingest volume, EPS, cores, nodes, storage). The Software may enforce these limits.
  • C. Non-Circumvention: no sharding, pooling, or similar to bypass limits.
  • D. Internal Use Only: not for managed or hosted services.
  • E. Support: no support or SLA; community-only resources.
  • F. Updates: HyperSec may update this Schedule by posting a new version; continued use constitutes acceptance.