Terms of Service

Effective Date: 19 May 2025

Welcome to Wunda Cybersecurity Services & Solutions (“Wunda”). These Terms of Service (“Terms”) govern your use of our websites, applications, content, and services (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be legally bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Scope of Services

Wunda provides a range of cybersecurity services including but not limited to:

  • Offensive security assessments (penetration testing, red teaming, etc.)
  • Defensive architecture and implementation support
  • Security advisory and consulting services
  • Cybersecurity training and awareness programs
  • OT and ICS security services
  • Risk and compliance advisory (ISO 27001, NIS-2, IEC 62443, etc.)
  • The specific terms and deliverables of your engagement will be outlined in a separate statement of work (SOW), proposal, or master services agreement (MSA).

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3. Client Obligations

You agree to:

  • Provide accurate and complete information necessary for service delivery
  • Cooperate fully with Wunda’s consultants and provide timely access to systems, personnel, and facilities
  • Ensure that all activities performed by Wunda are authorized and within applicable legal boundaries
  • Accept responsibility for backup of all systems and data prior to testing or service execution

4. Confidentiality

Each party agrees to maintain strict confidentiality regarding proprietary or sensitive information received during the course of service delivery. Confidential information shall not be disclosed to third parties without prior written consent. These obligations shall survive termination of the engagement.

5. Intellectual Property

5.1. Ownership of Deliverables

All reports, documents, source code, scripts, configurations, methodologies, templates, training materials, or other intellectual property created or provided by Wunda during the delivery of its services (collectively, “Deliverables”) remain the sole and exclusive property of Wunda Cybersecurity Services & Solutions, unless otherwise expressly agreed in writing.

5.2. Client Use

Wunda grants you a non-exclusive, non-transferable, revocable license to use the Deliverables solely for your internal business purposes. You must not reproduce, distribute, sublicense, modify, or otherwise exploit the Deliverables for commercial purposes or for use by third parties without prior written consent from Wunda.

5.3. Pre-Existing IP and Third-Party Materials

Any pre-existing intellectual property owned by Wunda or third-party providers that is incorporated into the Deliverables shall remain the property of its respective owner. The use of such material is subject to the license terms provided by the original rights holder. Nothing in these Terms transfers ownership of any third-party intellectual property.

5.4. Feedback and Improvements

Should you provide feedback, suggestions, or enhancement requests relating to Wunda’s services or Deliverables, you agree that Wunda may use such feedback for business and product development purposes without restriction or obligation to you.

5.5. Retention of Rights

Wunda retains all rights, title, and interest in and to all its intellectual property, including any improvements or modifications made during the course of service delivery. No rights are granted to you except those explicitly set forth in this agreement or in a separate binding contract.

6. Third-Party Tools and Services

In some cases, Wunda may recommend or utilize third-party software or services. Wunda makes no warranties regarding third-party offerings and shall not be held liable for damages arising from their use.

7. Limitation of Liability

To the fullest extent permitted by law:

  • Wunda disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Wunda will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to loss of profits, revenue, data, business interruption, personal injury, or any other loss or damage arising from or related to your access to or use of the Services.
  • You agree that your sole remedy for any dissatisfaction with the Services is to stop using them.
  • Wunda’s total liability arising out of or related to the Services, regardless of the cause of action, whether in contract, tort, or otherwise, will not exceed the amount paid by you for the specific Services giving rise to the claim.
  • This limitation applies even if Wunda has been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.
  • Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including the Australian Consumer Law.

8. Indemnity

You agree to indemnify, defend, and hold harmless Wunda, its employees, and agents from any claims, liabilities, damages, and expenses arising from your misuse of the Services, breach of these Terms, or violation of applicable laws.

9. Termination

Wunda reserves the right to terminate or suspend Services at any time, with or without cause, upon written notice. Upon termination, all rights and licenses granted to you shall immediately cease, and any outstanding fees shall become due.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of Australia for any disputes arising out of or relating to these Terms.

11. Updates to These Terms

Wunda may modify these Terms at any time by posting the revised version on our website. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms.