Terms of Service

1. Acceptance

These Terms of Service form a legally binding agreement between you (the Customer) and TEQNIX Pty Ltd (TEQNIX), a company incorporated in New South Wales, Australia.

By signing a service order or statement of work, or by authorising TEQNIX to begin testing, you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind that organisation.

Where a signed statement of work conflicts with these Terms, the statement of work prevails for that engagement.

2. The service

TEQNIX provides one service: Continuous Offensive Security Testing. It is testing of an agreed asset scope, delivered on an agreed schedule across a minimum term, by human consultants and agentic AI working together.

The service is assembled from modules. Surface and Perimeter form the base package and are always included. Network, Access, Cloud, Identity and People are optional and may be added or removed at the commencement of a term. There are no tiers or service levels: every module is delivered in the same way.

TEQNIX may also deliver point-in-time penetration testing under a separate statement of work. Where it does, these Terms apply except for clauses that relate specifically to continuous delivery.

There is no self-serve signup and no trial. Testing begins only after the authorisation requirements in clause 4 are satisfied.

3. Scope, and what continuous means

The service is continuous within a bounded scope. It is not unlimited.

• Testing is confined to the assets recorded in the confirmed asset register for the engagement.
• The schedule, including which activities run at which intervals, is agreed in writing during onboarding and recorded in the service agreement.
• Deliverables each month are: validated findings, a written monthly report, notification of critical and high severity findings within one business day of validation, and verification of remediation you have applied. A review call is provided quarterly.
• Coverage varies between cycles. A scheduled layer runs consistently; an exploratory layer follows what that scheduled layer finds. TEQNIX does not warrant identical depth of coverage for every asset in every cycle.
• Fair use of the service is set out in the service agreement. Where use materially exceeds the agreed scope, TEQNIX will raise it with you and agree a variation rather than silently absorb or decline the work.

Severity is assessed using CVSS v3.1 with business context applied by the validating consultant. Notification targets are expressed in business days. The service is not monitored 24 hours a day.

4. Customer authorisation and responsibility

You are responsible for:

• Holding all authorisations, permissions and consents necessary for TEQNIX to test the agreed scope.
• The accuracy of the asset register, and for telling TEQNIX when it changes.
• Notifying hosting providers, cloud providers and other third parties where their terms require it.
• Obtaining any regulatory approvals required in your jurisdiction.
• For the People module, obtaining approval from a human resources or executive owner rather than an IT owner, and for any employee notification your obligations require.

TEQNIX verifies domain ownership independently and will pause rather than proceed against an unconfirmed asset register. You indemnify TEQNIX against loss, damage, claim or expense arising from your breach of this clause.

5. Testing environment

Security testing can cause unexpected behaviour in the systems under test. Destructive actions, denial-of-service and credential attacks are blocked by default, and scope is enforced at the network layer, but disruption cannot be entirely excluded.

Where you elect to have production systems tested, you do so at your own risk, and you are responsible for backups, rollback procedures and incident arrangements. TEQNIX exercises reasonable professional care but does not accept liability for downtime, data loss or service degradation arising from authorised testing of production systems.

6. Fees and payment

The base package, comprising the Surface and Perimeter modules, is $10,000 per year. All amounts are in Australian dollars and exclude GST. Where GST or other taxes apply they are added to the invoice and are your responsibility.

Additional modules are quoted per engagement based on the number of in-scope assets and whether testing is authenticated. Final pricing is confirmed in a written proposal before the term begins.

The service has a 12-month term, billed annually in advance. Fees for a term are payable in full at the start of that term. Invoices are payable on the terms stated in the service agreement.

Fees may be varied at the start of a renewal term on notice. Where your asset scope grows materially during a term, TEQNIX will raise a variation rather than apply a change unilaterally.

7. Artificial intelligence and subprocessors

The service is delivered by human consultants and agentic AI working together. Human consultants define and enforce the boundaries agents operate within, direct the testing, and reproduce or confirm every finding before it is reported to you.

Delivery involves the following disclosed processing:

• Scan output, asset and configuration data, and finding detail for in-scope assets are processed by Anthropic's Claude models via Anthropic's commercial API.
• That processing occurs on infrastructure in the United States. Data therefore leaves Australia.
• Under Anthropic's commercial API terms, data submitted through the API is not used to train Anthropic's models.
• TEQNIX uses the standard commercial API. Provider-side retention is governed by Anthropic's published terms.
• Command-level logs of agent activity are retained for each engagement and made available to you on request.

If your own obligations require that testing data remain in Australia, you must tell TEQNIX before the engagement begins, as it constrains how the service can be delivered.

8. Disclaimer of warranties

To the maximum extent permitted by law, and subject to the Australian Consumer Law, the service is provided without warranty that:

• all vulnerabilities present in the tested scope will be identified;
• systems reported without critical findings are free of security issues;
• findings or recommendations are complete or exhaustive; or
• remediation of identified findings will render systems secure.

Testing describes the state of the scope at the time of testing. The service is not intrusion detection, not incident response, not remediation, and not a guarantee against compromise.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

9. Limitation of liability

To the maximum extent permitted by law:

• Any cap on TEQNIX's total aggregate liability arising out of or in connection with these Terms or the service, whether in contract, tort including negligence, breach of statutory duty or otherwise, is as set out in the applicable statement of work or service order. Where a Customer requires different terms, we consider them on a case-by-case basis.
• TEQNIX is not liable for indirect, incidental, special, consequential or punitive loss, including loss of profits, revenue, data, business interruption, reputational harm or the cost of substitute services.
• TEQNIX is not liable for harm arising from your failure to remediate reported findings.
• TEQNIX is not liable for any security incident or breach you suffer, whether or not it relates to a finding reported or not reported.

Nothing in this clause limits liability that cannot be limited under the Australian Consumer Law.

10. Data and confidentiality

Information collected or generated in delivering the service, including target system data, findings, evidence and logs, is used solely to deliver the engagement you have contracted for.

TEQNIX does not sell, rent or trade your data, and does not disclose it except: as required by law or lawful order; to subprocessors disclosed in clause 7; to subcontractors bound by equivalent confidentiality obligations; or with your prior written consent.

Engagement data is retained for twelve months after an engagement ends and then securely deleted, unless you request a longer period in writing or a law requires retention. Financial records are retained as Australian tax law requires.

Each party will keep the other's confidential information confidential and not disclose it without consent, except as required by law.

11. Intellectual property

Methodologies, tools, frameworks and know-how used by TEQNIX remain the property of TEQNIX or its licensors. On payment, you receive a non-exclusive, non-transferable licence to use the deliverables, including reports, for your internal business purposes.

You grant TEQNIX a limited licence to access and test the agreed scope for the purpose of delivering the engagement.

12. Term and termination

The initial term is 12 months from commencement, and renews for successive 12-month terms unless either party gives written notice at least 30 days before the end of the current term.

Either party may terminate immediately on written notice if the other materially breaches these Terms and fails to remedy the breach within seven days of notice.

TEQNIX may suspend or terminate immediately, without liability, where it reasonably believes continuing would expose TEQNIX or a third party to legal risk, or where it has reasonable grounds to suspect you do not hold the authorisation warranted in clause 4.

Because fees are paid annually in advance, prepaid fees for the current term are not refundable on termination, except where TEQNIX terminates for its own convenience or where a refund is required by law. Where a term has been invoiced but not yet paid, the fees for that term remain payable.

13. Governing law

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts. Before commencing proceedings, the parties will attempt in good faith to resolve any dispute by negotiation for 30 days from written notice of the dispute.

14. General

These Terms with the applicable statement of work are the entire agreement between the parties on this subject matter. TEQNIX may modify these Terms, with the updated version posted at teqnix.io/terms and the revision date changed; continued use of the service after posting constitutes acceptance.

If a provision is held invalid, it is modified to the minimum extent necessary to make it enforceable and the remainder continues in force. A failure or delay in exercising a right is not a waiver of it. Neither party is liable for failure or delay caused by circumstances beyond its reasonable control.

15. Contact

TEQNIX Pty Ltd, 31 Market Street, Sydney NSW 2000, Australia.
Legal: legal@teqnix.io
General: info@teqnix.io