Terms of Service

In these Terms of Service:

• "ACL" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "Account" means your registered user account on the Services.
• "Company", "we", "us", or "our" means In the Event Of Pty Ltd (ABN 38687352647, ACN 687352647).
• "Content" means any text, images, data, information, or other materials.
• "Journey" means a life-event checklist (e.g., Moving Home, Getting Hacked, Changing Credit Card) created within the Services.
• "Personal Information" has the meaning given in the Privacy Act 1988 (Cth) and includes personally identifiable information (PII).
• "Services" means the In The Event Of platform, website (https://intheeventof.co), applications, and all related services.
• "User", "you", or "your" means any individual or entity accessing or using the Services.

By accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Services. Your continued use of the Services following any changes to these Terms constitutes acceptance of those changes.

3.1 Eligibility

To use the Services, you must:

• Be at least 18 years of age; and
• Be authorised to enter into a binding contract under applicable law.

By creating an Account, you represent and warrant that you meet these eligibility requirements.

3.2 Account Creation

You may create an Account using:

• Email and password authentication;
• Google Single Sign-On (SSO); or
• Other authentication methods we may offer from time to time.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your Account credentials;
• All activities that occur under your Account;
• Notifying us immediately of any unauthorised access or security breach; and
• Not sharing your Account with others or allowing third-party access.

We are not liable for any loss or damage arising from your failure to protect your Account credentials.

3.4 Account Termination by User

You may delete your Account at any time through your Account settings or by contacting us at hello@intheeventof.co. Upon deletion, your data will be handled in accordance with our Privacy Policy.

4.1 Core Services

In The Event Of provides identity update infrastructure that enables you to:

• Track and manage your digital footprints (accounts and services you use);
• Create life-event Journeys (Moving Home, Getting Hacked, Changing Credit Card, etc.);
• Receive guided manual update steps with direct links to brand portals;
• Generate consent receipts for all actions involving your Personal Information;
• Export your data or request Account deletion at any time.

4.2 Current Functionality

• Digital footprint tracking and management
• Journey checklist creation and execution
• Guided manual updates (not automated)
• Data export and account deletion
• Consent receipt generation

4.3 Service Availability

We strive to provide reliable Services, but we do not guarantee uninterrupted, error-free, or secure access. The Services may be temporarily unavailable due to:

• Scheduled maintenance (notified in advance where possible);
• Emergency maintenance or security updates;
• Third-party service provider outages;
• Events beyond our reasonable control (see Section 20: Force Majeure).

4.4 Beta Features

We may offer beta or experimental features marked as "Beta," "Labs," or similar designations. These features:

• May be modified or discontinued at any time without notice;
• May contain bugs or behave unexpectedly;
• Are provided "as is" with no warranty (subject to ACL rights in Section 5).

4.5 Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including features, functionality, or integrations. Where reasonably practicable, we will provide advance notice of material changes.

5.1 Consumer Guarantees Apply

If you acquire our Services as a consumer (as defined in the ACL), the following consumer guarantees apply:

• Services will be rendered with due care and skill;
• Services will be fit for any purpose you make known to us;
• Services will be reasonably fit for any purpose for which they are commonly supplied;
• Services will be supplied within a reasonable time (if no time specified).

5.2 What Cannot Be Excluded

Nothing in these Terms excludes, restricts, or modifies:

• Any consumer guarantee, right, or remedy conferred by the ACL;
• Any other right or remedy conferred by law that cannot be lawfully excluded;
• Our liability for death or personal injury caused by our negligence;
• Our liability for fraud or fraudulent misrepresentation.

5.3 Consumer vs. Business Use

If you use the Services for business purposes or you are not a "consumer" as defined in the ACL, different limitations of liability may apply (see Section 14: Limitation of Liability).

5.4 More Information

For more information about your rights under the ACL, visit the Australian Competition & Consumer Commission (ACCC) website: www.accc.gov.au/consumers

By using the Services, you agree to:

• Provide accurate, current, and complete information when creating your Account and using the Services;
• Maintain and promptly update your information to keep it accurate and current;
• Maintain the security and confidentiality of your Account credentials;
• Comply with all applicable laws and regulations, including those relating to data protection, privacy, and online conduct;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Not attempt to gain unauthorised access to the Services, other Accounts, or computer systems;
• Not interfere with or disrupt the integrity or performance of the Services;
• Not transmit any viruses, malware, or other harmful code;
• Not use the Services to harass, abuse, or harm others;
• Respect the intellectual property rights of the Company and third parties;
• Be responsible for all activities conducted through your Account;
• Notify us immediately of any unauthorised use of your Account or any security breach.

7.1 Prohibited Activities

You must not use the Services to:

• Violate any local, state, national, or international law or regulation;
• Infringe the intellectual property, privacy, publicity, or other rights of any person;
• Transmit or upload any Content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Engage in any form of automated data collection (scraping, crawling, harvesting) without our express written consent;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services;
• Introduce or distribute viruses, worms, Trojan horses, or other malicious code;
• Attempt to gain unauthorised access to the Services, other user Accounts, or computer systems or networks;
• Interfere with or disrupt the Services or servers or networks connected to the Services;
• Use the Services to send spam, unsolicited communications, or phishing attempts;
• Use the Services in any manner that could disable, overburden, damage, or impair the Services;
• Create multiple Accounts to abuse or circumvent our policies;
• Use the Services for any illegal activity, including money laundering, fraud, or identity theft.

7.2 Consequences of Violation

If you violate this Acceptable Use Policy, we may, in our sole discretion:

• Issue a warning;
• Temporarily suspend your Account;
• Permanently terminate your Account;
• Remove or disable access to prohibited Content;
• Report your conduct to law enforcement authorities;
• Take legal action against you.

We are not obligated to provide advance notice before taking action, although we will do so where reasonably practicable and appropriate.

8.1 Company Ownership

The Services, including all software, code, designs, graphics, text, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and other Content (excluding User Content), are owned by or licensed to the Company and are protected by Australian and international intellectual property laws.

8.2 Limited License to User

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use (or internal business use if applicable).

This license does not permit you to:

• Copy, modify, distribute, sell, or lease any part of the Services;
• Reverse engineer or attempt to extract the source code of the Services;
• Use the Services for any commercial purpose without our written consent;
• Remove or alter any proprietary notices from the Services.

8.3 User Retains Data Ownership

You retain all ownership rights to your Personal Information and User Content. By using the Services, you grant us a limited license to process, store, and transmit your data solely to provide the Services (see Section 9: User Content & Data).

8.4 Trademarks

"In The Event Of," the In The Event Of logo, and other Company trademarks, service marks, graphics, and logos are trademarks of In the Event Of Pty Ltd. You may not use our trademarks without our prior written consent.

8.5 Third-Party Trademarks

The Services may display trademarks, logos, and brand names of third-party services (e.g., Google, Spotify, PayPal, Netflix). These trademarks are the property of their respective owners. We do not claim ownership of third-party trademarks, and their display does not imply endorsement or affiliation.

9.1 User Ownership

You retain all ownership rights to your Personal Information, Journey data, footprint information, and any other Content you submit to the Services ("User Content").

9.2 License Granted to Company

By submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, store, modify, display, and transmit your User Content solely to:

• Provide, maintain, and improve the Services;
• Create anonymised, aggregated analytics (with no personally identifiable information);
• Comply with legal obligations or enforce these Terms;
• Facilitate consented data sharing with enterprise partners (future feature, with explicit opt-in consent).

We will never sell your Personal Information to third parties. See our Privacy Policy for details.

9.3 User Representations & Warranties

You represent and warrant that:

• You own or have the necessary rights to submit your User Content;
• Your User Content does not violate any third-party rights (privacy, intellectual property, etc.);
• Your User Content does not violate any applicable laws;
• Your User Content is accurate and not misleading.

9.4 Accuracy Obligations

You are responsible for ensuring the accuracy of the information you provide. Inaccurate information may result in failed updates or incorrect data being sent to third-party services.

9.5 Right to Export & Delete

You may export your User Content or request deletion of your Account and associated data at any time via your Account settings or by contacting us at hello@intheeventof.co. Data deletion is handled in accordance with our Privacy Policy (Section 13: Data Retention).

9.6 Prohibited User Content

You must not submit User Content that:

• Is unlawful, harmful, fraudulent, or deceptive;
• Infringes any intellectual property or other rights of any person;
• Contains viruses, malware, or other harmful code;
• Is defamatory, obscene, pornographic, or otherwise objectionable;
• Violates any applicable law or regulation.

10.1 Third-Party Authentication

The Services may integrate with third-party authentication and service providers to facilitate account access and data management. When you connect a third-party account, you authorise us to access certain data from that provider in accordance with the permissions you grant. Your use of these integrations is also governed by the third-party provider's terms of service and privacy policy.

10.2 Brand Integrations

The Services help you manage updates across various brands and services (e.g., banks, utilities, streaming services). We provide links to these third-party services to facilitate manual updates. We do not control these third-party services and are not responsible for their:

• Availability, performance, or security;
• Terms of service, privacy policies, or practices;
• Accuracy or completeness of information;
• Content, products, or services offered.

10.3 Third-Party Terms Apply

Your use of any third-party service accessed through the Services is subject to that third party's terms of service, privacy policy, and other applicable agreements. You are responsible for reviewing and complying with those third-party terms.

10.4 No Endorsement or Warranty

We do not endorse, warrant, or guarantee any third-party services, brands, or integrations. Any reliance on third-party services is at your own risk. We are not liable for any loss or damage arising from your use of third-party services.

10.5 Data Sharing with Third Parties

We do not share your Personal Information with third parties without your explicit consent, except as described in our Privacy Policy (Section 8: Disclosure of Personal Information). Future enterprise connectors will require separate, explicit opt-in consent before any PII is shared.

10.6 Breach Data Provider

Breach data displayed within the Services is sourced from Have I Been Pwned (HIBP) and licensed under the Creative Commons Attribution 4.0 International Licence. Your use of that breach data is also subject to HIBP's Terms of Use. We do not guarantee the accuracy or completeness of breach data provided by third parties.

Your privacy is critically important to us. Our collection, use, disclosure, and storage of your Personal Information is governed by our Privacy Policy, which forms part of these Terms.

Please review our Privacy Policy to understand:

• What Personal Information we collect;
• How we collect, use, and disclose your information;
• Your rights under the Privacy Act 1988 (Cth) and Australian Privacy Principles;
• How we protect your data with encryption and security measures;
• How to access, correct, export, or delete your data;
• Our commitment to never sell your Personal Information.

By using the Services, you consent to the collection and use of your Personal Information as described in the Privacy Policy.

12.1 Free Tier

We offer a free tier that includes:

• Digital footprint discovery, including supported email scanning
• Journey checklists and guided manual updates
• Basic breach notifications
• Limited Security Centre access

12.2 SecureMe Subscription

SecureMe is our paid protection subscription. Pricing is displayed in Australian dollars at checkout and currently includes:

• Monthly: A$10 per month, billed monthly
• Annual: A$99 per year, billed annually

SecureMe includes enhanced monitoring, priority breach alerts, expanded remediation guidance, and additional Security Centre features.

12.3 Payment Processing

Payments are processed by Stripe. We do not store your full payment card details on our servers. Payment data is handled in accordance with Stripe's terms, security controls, and privacy practices.

12.4 Billing and Renewal

Paid subscriptions renew automatically unless you cancel before the end of the current billing period. You authorise us and our payment processor to charge the applicable subscription fee at the start of each billing period.

12.5 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. Except where required by law or expressly stated at checkout, subscription fees are non-refundable.

12.6 Price Changes

We may update pricing for SecureMe from time to time. If we do, we will provide reasonable notice before the new pricing applies to your next billing period.

13.1 Services Provided "As Is"

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding:

• The accuracy, reliability, or completeness of the Services;
• The uninterrupted, timely, secure, or error-free operation of the Services;
• The quality or results obtained from using the Services;
• The correction of any defects or errors in the Services;
• The availability or functionality of third-party services or integrations.

13.2 No Warranty of Availability

We do not warrant that:

• The Services will be available at all times or at any specific time;
• Third-party integrations (OAuth providers, brands) will remain available or functional;
• Data from third-party services will be accurate or up-to-date;
• Manual update links will remain valid (as third parties may change their URLs).

13.3 User Responsibility

You are responsible for:

• Verifying the accuracy of information before submitting updates to third-party services;
• Complying with third-party terms of service when using integrations;
• Maintaining backups of your data;
• Ensuring your use of the Services complies with applicable laws.

13.4 ACL Guarantees Preserved

Where you are a consumer under the ACL, the consumer guarantees in Section 5 apply, and nothing in this Section 13 excludes or limits those guarantees.

14.1 Consumer Liability (ACL Applies)

If you are a consumer under the ACL and we breach a consumer guarantee:

• You are entitled to a remedy under the ACL, which may include repair, replacement, or refund;
• Our liability for a failure to comply with a consumer guarantee is not excluded or limited by these Terms;
• Where the failure is a "major failure" (as defined in the ACL), you are entitled to cancel the Services and obtain a refund, or retain the Services and be compensated for the drop in value.

However, to the maximum extent permitted by the ACL, our liability for a failure to comply with a consumer guarantee is limited to, at our option:

• Supplying the Services again; or
• Paying the cost of having the Services supplied again.

14.2 Business Use Liability (Non-Consumer)

If you are not a consumer under the ACL (e.g., you use the Services for business purposes), then to the maximum extent permitted by law:

• Our total liability to you for any loss or damage arising from your use of the Services is limited to AUD $100 or the fees paid by you in the 12 months preceding the claim, whichever is greater;
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses;
• We are not liable for any loss or damage caused by third-party services, integrations, or your breach of third-party terms;
• We are not liable for any loss or damage resulting from service interruptions, delays, or unavailability.

14.3 Liability That Cannot Be Limited

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any other liability that cannot be excluded or limited under applicable law.

14.4 Third-Party Liability

We are not responsible or liable for:

• The actions, errors, or omissions of third-party services or OAuth providers;
• The availability, accuracy, or security of third-party services;
• Any loss or damage caused by your reliance on third-party information;
• Your failure to comply with third-party terms of service.

14.5 User Responsibility

You acknowledge and agree that you use the Services at your own risk. You are solely responsible for:

• Verifying the accuracy of information before making updates;
• Backing up your data;
• Complying with applicable laws and third-party terms;
• Any consequences arising from your use of the Services.

To the maximum extent permitted by law (and subject to your consumer rights under Section 5), you agree to indemnify, defend, and hold harmless In the Event Of Pty Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from:

• Your use or misuse of the Services;
• Your breach of these Terms;
• Your violation of any law or regulation;
• Your violation of any third-party rights, including intellectual property, privacy, or other rights;
• Your User Content or any data you submit to the Services;
• Any claim that your User Content caused damage to a third party;
• Your fraud, negligence, or wilful misconduct.

This indemnification obligation survives termination of these Terms and your use of the Services.

Exclusion: To the extent this indemnification obligation is prohibited by the ACL or other applicable law, it does not apply.

16.1 Termination by User

You may terminate your Account at any time by:

• Using the account deletion feature in your Account settings; or
• Contacting us at hello@intheeventof.co.

Upon termination, your access to the Services will cease, and your data will be handled in accordance with our Privacy Policy (Section 13: Data Retention).

16.2 Suspension by Company

We may suspend your Account or access to the Services immediately, without prior notice, if:

• You breach these Terms, including the Acceptable Use Policy (Section 7);
• We reasonably suspect fraudulent, abusive, or illegal activity;
• We are required to do so by law or court order;
• Continued access poses a security risk to the Services or other users.

Where reasonably practicable, we will provide notice of suspension and an opportunity to remedy the breach before permanent termination.

16.3 Termination by Company

We may terminate your Account or access to the Services for any reason, including:

• Repeated or serious breaches of these Terms;
• Discontinuation of the Services (see Section 16.5 below);
• Legal or regulatory requirements.

If you are a consumer under the ACL, we will provide at least 30 days' notice before terminating your Account without cause.

16.4 Effect of Termination

Upon termination (by you or us):

• Your right to access and use the Services immediately ceases;
• Your Account data will be deleted or anonymised in accordance with our Privacy Policy;
• You may export your data before termination (see Section 9.5);
• Any outstanding fees owed (for future paid Services) become immediately due and payable.

16.5 Discontinuation of Services

We reserve the right to discontinue the Services, in whole or in part, at any time. If we discontinue the Services permanently, we will provide at least 60 days' notice to active users (where reasonably practicable), and you will have the opportunity to export your data.

16.6 Surviving Provisions

The following sections survive termination of these Terms: Sections 8 (Intellectual Property), 9 (User Content & Data), 11 (Privacy), 14 (Limitation of Liability), 15 (Indemnification), 18 (Dispute Resolution), 19 (Governing Law), and 21 (General Provisions).

17.1 Right to Modify

We may modify these Terms at any time to reflect changes in:

• Our Services, features, or functionality;
• Legal or regulatory requirements;
• Business practices or policies;
• Industry standards or best practices.

17.2 Notification of Changes

We will notify you of material changes to these Terms by:

• Sending an email to the address associated with your Account;
• Displaying a banner or notification within the Services;
• Updating the "Last Updated" date at the top of these Terms.

Material changes will take effect 30 days after notification (or such longer period as required by the ACL for consumer contracts). Non-material changes (e.g., clarifications, formatting) take effect immediately upon posting.

17.3 Acceptance of Changes

Your continued use of the Services after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your Account (Section 16.1).

17.4 Right to Reject Changes

If you are a consumer under the ACL and do not accept material changes to these Terms, you may terminate your Account within 30 days of receiving notice, without penalty.

18.1 Informal Resolution

Before initiating formal legal proceedings, you agree to contact us at hello@intheeventof.co to attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or the Services ("Dispute") informally.

We will make reasonable efforts to resolve Disputes within 30 days of receiving notice. Please provide:

• Your name and contact information;
• A description of the Dispute;
• The relief you are seeking.

18.2 Mediation

If we cannot resolve the Dispute informally, either party may propose non-binding mediation. Mediation costs will be shared equally unless otherwise agreed.

18.3 Consumer Rights Preserved

If you are a consumer under the ACL, nothing in this section prevents you from:

• Lodging a complaint with the Australian Competition & Consumer Commission (ACCC): www.accc.gov.au
• Seeking assistance from your state or territory consumer protection agency;
• Applying to a state or territory tribunal (e.g., VCAT in Victoria) for disputes under a specified monetary threshold;
• Seeking other remedies available under the ACL or other consumer protection laws.

18.4 Legal Proceedings

If informal resolution and mediation (if attempted) do not resolve the Dispute, either party may commence legal proceedings in accordance with Section 19 (Governing Law & Jurisdiction).

19.1 Governing Law

These Terms are governed by the laws of the State of Victoria, Australia, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

19.2 Jurisdiction

Subject to Section 19.3 (Consumer Rights), you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and courts entitled to hear appeals from those courts, for any legal proceedings arising from or relating to these Terms or the Services.

19.3 Consumer Rights Under ACL

If you are a consumer under the ACL, nothing in this section prevents you from bringing proceedings in:

• Your state or territory of residence;
• A tribunal with jurisdiction over consumer disputes (e.g., VCAT, NCAT, QCAT);
• Any other forum as permitted by the ACL or consumer protection laws.

19.4 Overseas Users

If you access the Services from outside Australia, you acknowledge that:

• You do so at your own initiative;
• You are responsible for compliance with local laws;
• Victorian law applies to your use of the Services;
• You may have additional rights under the laws of your jurisdiction that cannot be excluded (e.g., GDPR rights for EU residents - see our Privacy Policy, Section 11).

Neither party will be liable for any failure or delay in performing their obligations under these Terms (other than payment obligations) due to events beyond their reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, fires, storms);
• War, terrorism, civil unrest, or government actions;
• Epidemics or pandemics;
• Power outages, telecommunications failures, or internet disruptions;
• Cyberattacks, data breaches, or hacking incidents not caused by the affected party's negligence;
• Failure of third-party services, suppliers, or subcontractors;
• Labour disputes, strikes, or lockouts;
• Regulatory or legal changes that prevent performance.

20.1 Notice Obligations

If a force majeure event occurs, the affected party must:

• Notify the other party as soon as reasonably practicable;
• Describe the nature and expected duration of the event;
• Use reasonable efforts to mitigate the impact and resume performance.

20.2 Right to Terminate

If a force majeure event prevents performance for more than 60 consecutive days, either party may terminate these Terms by providing written notice to the other party. No liability or penalty will arise from such termination.

20.3 Consumer Rights Preserved

Nothing in this section limits your rights under the ACL (Section 5) or other consumer protection laws.

21.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be deemed severed, and the remaining provisions will continue in full force and effect to the maximum extent permitted by law.

21.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and In the Event Of Pty Ltd regarding the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether written, oral, or implied).

21.3 No Waiver

Our failure or delay in exercising any right, power, or privilege under these Terms does not constitute a waiver of that right, nor does any single or partial exercise preclude any further exercise of that right or any other right. A waiver is only effective if made in writing and signed by an authorised representative.

21.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, to any affiliate, successor, or acquirer without your consent. We will provide you with notice of any assignment that materially affects your rights under these Terms.

21.5 Notices

To You: We may provide notices to you via email (to the address associated with your Account), in-app notifications, or by posting on the Services. Notices sent by email are deemed received 24 hours after sending (if no delivery failure notification is received).

To Us: You may provide legal notices to us by email at hello@intheeventof.co or by post to:

Notices sent by post are deemed received 5 business days after posting (if sent within Australia).

21.6 Relationship of Parties

The relationship between you and In the Event Of Pty Ltd is that of independent contractors. Nothing in these Terms creates any partnership, joint venture, employment, agency, franchise, or fiduciary relationship. Neither party has authority to bind the other or incur obligations on the other's behalf.

21.7 Language

These Terms are provided in English. Any translation provided for convenience is not binding. In the event of any inconsistency between the English version and any translation, the English version prevails.

21.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

If you have questions about these Terms of Service, please contact us at: