Terms of service

These terms (the "Terms") form a binding agreement between Risurix (a Division of Fractality Pty Ltd) of S1, 12 Browning Street, South Brisbane Queensland Australia ("Risurix", "we", "us", "our") and the recruiting organisation that has subscribed to Risurix ("you", "Customer"). By creating an account or making any use of the platform, you accept these Terms.

1. Definitions and interpretation

In these Terms, unless the context otherwise requires:

• "ACL" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "APPs" means the Australian Privacy Principles in Schedule 1 of the Privacy Act 1988 (Cth).
• "Authorised User" means an employee or engaged contractor of the Customer who is granted access to the platform by the Customer.
• "Business Day" means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.
• "Candidate" means an individual whom the Customer invites to complete an Assessment.
• "Confidential Information" has the meaning given in clause 10.
• "Credits" means the pre-purchased units of usage referred to in clause 5.
• "Customer Data" means the personal information and other data that the Customer (or an Authorised User or Candidate) submits to or generates through the platform.
• "GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• "Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
• "Platform" means the Risurix software-as-a-service platform operated by Risurix.
• "Report" means the structured risk profile report generated by the Platform from a Candidate’s Assessment.
• "SIRPI-PE" means the Risurix Individual Risk Profile Instrument - Pre-Employment edition.
• "Sub-processor" means a third-party service provider engaged by Risurix to support delivery of the Platform.

Headings are for convenience only. References to legislation include any successor or amending legislation. A reference to a clause is a reference to a clause of these Terms. Where these Terms refer to "written" notice, an email sent to a notice address validly given under clause 23 is sufficient.

2. The Platform

Risurix is a software-as-a-service platform that administers SIRPI-PE to Candidates and produces a Report for the Customer. Use of the Platform is permitted solely for lawful pre-employment selection and on-boarding purposes for roles where safety performance is a relevant selection criterion.

3. Accounts and security

You are responsible for the security of your account credentials and for all activity carried out under your account. Authentication uses email and password, supported by multi-factor authentication (MFA). You must:

• enable MFA on every Authorised User account;
• use a unique password of at least 12 characters containing mixed case, a number, and a symbol;
• promptly disable accounts of personnel who leave or change role;
• notify us at security@risurix.com without undue delay if you become aware of unauthorised access.

4. Permitted use

You may not, and may not permit any Authorised User or third party to:

• use the Platform to assess any individual without their informed consent or in breach of any applicable anti-discrimination, employment, privacy, work health and safety, or work health and safety regulator law (including, for the avoidance of doubt, the Disability Discrimination Act 1992 (Cth) and any equivalent State or Territory legislation);
• use the Platform to make a sole-source hiring decision (see clause 8);
• reverse engineer, decompile, disassemble, copy, or create derivative works of any part of the Platform or SIRPI-PE (including item content), except to the minimum extent permitted by law;
• re-sell, sublicense, lease, or otherwise commercially exploit access to the Platform, or use the Platform to provide services to a person other than yourself or your engaged Candidates;
• extract, reproduce, publish, share, or use to train any machine-learning model, any Assessment item content, scoring keys, score-to-report mappings, or Report rendering logic;
• circumvent, attempt to circumvent, or interfere with any security, authentication, integrity, or rate-limiting feature;
• use the Platform for benchmarking against, or developing a product competitive with, the Platform.

5. Credits and billing

Use of the Platform is metered in Credits. One Credit is consumed each time an Assessment invitation is issued to a Candidate. Credits are pre-purchased in packs through the dashboard. All prices are quoted in Australian Dollars and (where Risurix is registered for GST) include GST. Tax invoices issued for taxable supplies of AUD 1,000 or more contain the information required by section 29-70 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Credits do not expire while your account is active. Credits are non-transferable between organisations.

6. Refunds and ACL

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee that applies under the ACL where applicable. To the extent the ACL applies to a supply, our liability is limited as described in clause 16 and as permitted by section 64A of the ACL. Where the ACL does not apply (typically because the supply is of services not of a kind ordinarily acquired for personal, domestic or household use, the price of the supply exceeds the indexed monetary threshold under section 3 of the ACL, and the carve-out under section 64A is engaged), Risurix’s refund position is as follows:

• you may cancel your subscription at any time through the dashboard;
• you may request a pro-rata refund of unused Credits if you cancel within 30 days of purchase due to a material defect in the Platform that we have failed to remedy after reasonable opportunity;
• other refund requests are reviewed case by case and the outcome documented in writing.

7. Customer obligations regarding Candidates

You acknowledge that you are the entity selecting Candidates and making hiring decisions. You must, before issuing any invitation:

• confirm that you have a lawful basis (including consent where applicable) to invite the Candidate;
• give the Candidate accurate information about the purpose of the Assessment and how the Report will be used;
• offer reasonable adjustments to Candidates with disability, consistent with sections 5(2), 6(2) and 21A of the Disability Discrimination Act 1992 (Cth) (subject to the unjustifiable-hardship limitation in section 21B), including alternative formats, additional time, and a documented alternative selection process where appropriate;
• maintain at least one Authorised User per organisation who has completed the Risurix-published interpretation training; and
• not communicate raw scores or category labels to Candidates as if they were a definitive characterisation of the Candidate.

You will retain, for at least the period required by the applicable record-keeping rule (and in any event no less than five (5) years), the audit-trail entries the Platform produces for each Assessment, and the human-review record described in clause 8.

8. Reports as decision support, not decision-making

A Report is a decision-support input only. It is not a determinative assessment of the Candidate, and it must not be used as the sole or principal basis for any adverse decision affecting the Candidate (including a decision not to progress the Candidate, a decision not to offer employment, or a decision to impose adverse terms).

You agree to:

• use the Report in conjunction with other relevant evidence (interview, reference checks, technical assessment, structured workplace observation, etc.);
• ensure a trained human reviewer interprets the Report and records, in writing, the human decision-making step;
• honour Candidate requests for feedback in accordance with the Feedback guidance published on the Platform;
• not modify, re-render, or re-purpose the Report in a way that misrepresents the underlying scoring; and
• maintain records of any reasonable adjustments offered and provided.

These obligations are intended to support compliance with sections 5(2), 6(2) and 21A of the Disability Discrimination Act 1992 (Cth), Australian Privacy Principles 1.7, 1.8 and 1.9 of Schedule 1 of the Privacy Act 1988 (Cth) (as inserted by the Privacy and Other Legislation Amendment Act 2024 (Cth), commencing 10 December 2026), and equivalent State and Territory legislation.

9. Intellectual property

All intellectual property in the Platform, SIRPI-PE, the scoring engine, the Report layouts, the documentation, and any improvements, derivatives or extensions of any of the foregoing belongs to Risurix or its licensors. Nothing in these Terms transfers any intellectual-property right to you.

We grant you a non-exclusive, non-transferable, revocable licence, for the duration of your subscription, to use the Platform and to reproduce Reports internally for the purpose of evaluating Candidates. You may share an individual Candidate’s Report internally on a need-to-know basis with personnel involved in the relevant selection process.

You grant Risurix a perpetual, irrevocable, royalty-free licence to use any feedback, suggestion, or idea you provide about the Platform. Risurix may use Customer Data in a de-identified, aggregated form (consistent with section 6 of the Privacy Act 1988 (Cth)) to maintain, validate, secure, and improve the Platform and SIRPI-PE.

10. Confidentiality

"Confidential Information" means non-public information disclosed by one party (the Discloser) to the other (the Recipient) that is identified as confidential or that a reasonable person would understand to be confidential. Without limiting the foregoing, Risurix’s Confidential Information includes SIRPI-PE item content, scoring keys, Report rendering logic, the SIRPI-PE manual, the Platform source code, and security configuration. The Customer’s Confidential Information includes the Customer’s business plans, pricing, personnel data, and Customer Data.

Confidential Information does not include information that: (a) is or becomes generally publicly available other than by breach of these Terms; (b) is in the Recipient’s possession before disclosure, on a non-confidential basis; (c) is independently developed by the Recipient without use of the Discloser’s Confidential Information; or (d) is rightfully received from a third party without restriction.

The Recipient will:

• use the Discloser’s Confidential Information only to perform these Terms;
• protect it with at least the standard of care it uses for its own confidential information of a similar kind (and in any event no less than reasonable care);
• limit access to those of its personnel and professional advisers who need to know and who are bound by equivalent obligations of confidence;
• on termination, return or destroy the Discloser’s Confidential Information (at the Discloser’s election), except where retention is required by law or routine backup procedures (with continuing obligations of confidence).

A Recipient may disclose Confidential Information to the extent required by law, a regulator with jurisdiction, or a court of competent jurisdiction, provided that (where lawful) it gives the Discloser prompt notice and reasonable opportunity to seek a protective order.

The obligations in this clause 10 survive termination for a period of seven (7) years, except in relation to trade secrets, which survive indefinitely.

11. Privacy

We process Personal Information in accordance with our Privacy policy. By inviting Candidates and uploading their data, you confirm that you have authority to do so and that you have given the Candidate the notices, and obtained the consents, required by the APPs and these Terms.

You and Risurix each acknowledge that, for each Candidate, you collect Personal Information for your purposes and Risurix collects Personal Information for the purposes set out in the Privacy policy. Each party is responsible for its own compliance with the Privacy Act 1988 (Cth) and the APPs.

12. Sub-processors

Risurix may engage Sub-processors to support delivery of the Platform. Risurix will maintain a current list of Sub-processors at https://risurix.com/sub-processors. Risurix imposes obligations on Sub-processors that are materially consistent with these Terms. Risurix will give the Customer at least 30 days’ notice of any new or replacement Sub-processor that will receive Customer Data. If you reasonably object on data-protection grounds, you may terminate the affected subscription on written notice within 30 days of our notice of the change.

13. Service availability and security

We use commercially reasonable efforts to keep the Platform available 24x7, with a target monthly availability of 98.5% excluding scheduled maintenance windows announced at least 48 hours in advance. We maintain the security measures described in our Privacy policy, including transport encryption (TLS 1.2 or higher), encryption of Customer Data at rest, tenant isolation, principle-of-least-privilege access for engineering personnel, and audit logging.

We do not guarantee uninterrupted availability. Our liability for unavailability is limited as described in clause 16. If the Platform falls below the target monthly availability for three consecutive months, you may terminate the affected subscription on written notice without further charge, and we will refund any pre-paid amounts in respect of the period after termination.

14. Insurance

Risurix maintains, with reputable Australian insurers, the following insurances:

• public and products liability insurance of at least AUD 5M;
• professional indemnity insurance of at least AUD 5M.

A certificate of currency will be provided to the Customer on reasonable written request.

15. Warranties

Each party warrants that it has the corporate power and authority to enter into and perform these Terms. Risurix warrants that the Platform will be provided with due care and skill consistent with industry practice for similar services. Except for the warranties set out in this clause and any consumer guarantee that applies under the ACL and cannot be excluded, and to the maximum extent permitted by law, the Platform is provided "as is" and "as available", and Risurix makes no other representation or warranty.

16. Liability

To the maximum extent permitted by law:

• each party’s aggregate liability arising out of or in connection with these Terms is limited to the fees payable to Risurix for use of this service;
• neither party is liable for any indirect, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, or anticipated savings;
• the cap and exclusion in this clause do not apply to: (i) breach of clause 4 (Permitted use), (ii) breach of clause 9 (IP), (iii) breach of clause 10 (Confidentiality), (iv) liability for fraud or wilful misconduct, (v) the Customer’s payment obligations, (vi) the Customer’s indemnity in clause 17, or (vii) liability that cannot be excluded by law.

Nothing in these Terms excludes liability that cannot be excluded by law. If a consumer guarantee under the ACL applies, and Risurix is entitled to limit its liability, Risurix’s liability is limited (at Risurix’s option) to re-supply of the services or payment of the cost of having the services re-supplied.

17. Indemnity

You will defend, indemnify, and hold Risurix harmless from any third-party claim, and any reasonable legal costs incurred by Risurix in connection with such claim, arising out of or in connection with:

• your or any Authorised User’s breach of clause 4 (Permitted use), clause 7 (Customer obligations regarding Candidates), or clause 8 (Decision support);
• your use of the Platform or a Report in breach of any anti-discrimination, employment, privacy, or work health and safety law;
• your unauthorised disclosure or use of any Report; or
• a claim that your use of Customer Data infringes a third party’s rights.

This indemnity is conditional on Risurix (a) promptly notifying you of the claim, (b) granting you control of the defence and settlement (provided the settlement does not impose any admission or non-monetary obligation on Risurix without consent), and (c) reasonably cooperating with you.

18. Termination

Either party may terminate these Terms:

• on 30 days’ written notice for convenience;
• on 14 days’ written notice for the other party’s material breach of these Terms, where the breach is curable and has not been cured within the 14-day period;
• immediately on written notice where the other party (i) becomes insolvent, has an administrator, receiver or liquidator appointed, or makes an assignment for the benefit of creditors; or (ii) repeatedly breaches clause 4 (Permitted use), or commits a single breach of clause 4 that materially threatens the integrity of the SIRPI-PE instrument.

On termination, for a period of 60 days you will retain access to the Platform solely for the purpose of exporting Customer Data and Reports. You may export Customer Data in the formats published on the Platform. After this 60-day window, Risurix will destroy or de-identify Customer Data in accordance with the Privacy policy, except for Customer Data we are required to retain by law.

Termination does not affect rights accrued before termination. Clauses 1 (Definitions), 4 (Permitted use, the prohibitions on which survive), 6 (Refunds), 8 (final paragraph), 9 (IP), 10 (Confidentiality), 11 (Privacy), 15 (Warranties), 16 (Liability), 17 (Indemnity), 19 (Force majeure), 21 (Dispute resolution), 22 (Governing law), 23 (Notices), and 24 (General) survive termination.

19. Force majeure

Neither party is liable for any failure or delay in performance to the extent caused by a force majeure event, being an event beyond the reasonable control of the affected party (including natural disaster, pandemic, war, sabotage, government action, third-party network or infrastructure failure not attributable to that party’s negligence, and cyber incidents not caused by that party’s failure to implement reasonable security). The affected party must notify the other promptly, mitigate the impact, and resume performance as soon as practicable. If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected subscription on written notice.

20. Changes to these Terms

We may amend these Terms by giving you at least 30 days’ written notice. If an amendment materially and adversely reduces your rights (objectively assessed), you may terminate the affected subscription without penalty by giving written notice before the amendment takes effect, and we will refund any pre-paid amounts in respect of the period after termination. Continued use of the Platform after the effective date of an amendment constitutes acceptance of the amendment.

We will not increase fees more often than once in any 12-month period and will give at least 60 days’ notice of a fee increase.

21. Dispute resolution

If a dispute arises out of or in connection with these Terms, the parties will first try in good faith to resolve it by negotiation between senior representatives. If the dispute is not resolved within 21 days of one party giving written notice of the dispute, either party may refer the dispute to mediation administered by the Australian Disputes Centre under its Mediation Guidelines. Nothing in this clause prevents a party from seeking urgent interlocutory relief.

22. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia sitting in New South Wales.

23. Notices

Notices under these Terms must be in writing and given:

• by email to legal@risurix.com (in the case of Risurix) or to the email address registered on the Customer’s account (in the case of the Customer); or
• by pre-paid post to the registered office of the recipient.

A notice is taken to be received on the next Business Day after it is sent (for email) or on the second Business Day after posting (for pre-paid post). The address for service of legal proceedings is the registered office of Risurix at S1, 12 Browning Street, South Brisbane QLD 4101.

24. General

• Anti-corruption and ethical conduct. Each party will comply with all applicable anti-bribery, anti-corruption, and modern-slavery laws.
• Assignment.The Customer may not assign or novate these Terms without Risurix’s prior written consent (not to be unreasonably withheld). Risurix may assign or novate these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets, on written notice.
• No partnership. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• No waiver. A failure or delay in exercising a right is not a waiver.
• Severability. If a provision of these Terms is held to be unenforceable, that provision is severed to the minimum extent necessary, and the remainder of these Terms continues in force.
• Entire agreement. These Terms, together with the Privacy policy and the Sub-processors list, constitute the entire agreement between the parties about the subject matter and supersede prior representations and agreements.
• Counterparts and electronic signature. These Terms may be executed in counterparts and by electronic signature.

Contact

General enquiries: support@risurix.com
Billing enquiries: billing@risurix.com
Legal notices: legal@risurix.com
Postal: Risurix, S1, 12 Browning Street, South Brisbane QLD 4101