Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and KeyFlux Pty Ltd ("KeyFlux", "we", "us", or "our") governing your access to and use of the KeyFlux digital identity infrastructure platform, including our APIs, SDKs, documentation, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

2. Description of Services

KeyFlux provides digital identity infrastructure services including:

• Verifiable credential issuance and management
• Credential verification and validation services
• Trust registry and governance framework tools
• Identity verification and KYC services
• APIs and SDKs for integration
• Developer documentation and support

Our Services support W3C Verifiable Credentials, ISO 18013-5 mobile driving licences (mDL), and other digital credential standards.

3. Account Registration

To access certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or remain inactive for extended periods.

4. Acceptable Use

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Issue fraudulent, misleading, or false credentials
• Engage in identity fraud or impersonation
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Transmit malware, viruses, or other harmful code
• Reverse engineer, decompile, or disassemble our software
• Use our Services for money laundering, terrorist financing, or other illegal activities
• Circumvent any security measures or access controls
• Resell or redistribute our Services without authorisation

5. API Usage and Rate Limits

Access to our APIs is subject to rate limits and usage quotas as specified in your service plan. You agree to:

• Comply with all API documentation and usage guidelines
• Respect rate limits and not attempt to circumvent them
• Use API keys and credentials securely
• Not share API credentials with unauthorised parties
• Implement appropriate error handling and retry logic

We reserve the right to throttle or suspend API access for accounts that exceed limits or engage in abusive behaviour.

6. Fees and Payment

Certain Services require payment of fees as described on our pricing page or in your enterprise agreement. You agree to:

• Pay all applicable fees in accordance with your selected plan
• Provide accurate billing information and maintain valid payment methods
• Pay all taxes applicable to your use of the Services

Fees are non-refundable except as expressly stated in these Terms or required by law. We may modify pricing with 30 days' notice for existing customers.

7. Intellectual Property

7.1 Our Intellectual Property

KeyFlux and its licensors retain all rights, title, and interest in the Services, including all software, APIs, documentation, trademarks, and other intellectual property. These Terms do not grant you any rights to use our trademarks or branding without prior written consent.

7.2 Your Content

You retain ownership of data and content you submit to our Services. You grant us a limited licence to process your content solely to provide the Services to you.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services may be used by us without obligation or compensation to you.

8. Data Processing

Where we process personal data on your behalf, we act as a data processor and you act as the data controller. Our processing is governed by our Data Processing Agreement (DPA), which forms part of these Terms for enterprise customers.

You are responsible for ensuring you have appropriate legal bases and consents for any personal data you process through our Services, and for complying with applicable data protection laws including GDPR, Australian Privacy Act, and New Zealand Privacy Act.

9. Service Level and Availability

We strive to maintain high availability of our Services. Enterprise customers may be entitled to specific service level commitments as detailed in their service agreement.

We may perform scheduled maintenance with reasonable advance notice. We reserve the right to modify, suspend, or discontinue any part of the Services with appropriate notice.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that no credential verification system can guarantee 100% accuracy.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEYFLUX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO KEYFLUX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

These limitations apply regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless KeyFlux and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Credentials you issue or data you process through our Services

13. Term and Termination

These Terms commence when you first access our Services and continue until terminated. You may terminate by closing your account and discontinuing use of the Services.

We may suspend or terminate your access immediately if you breach these Terms, engage in fraudulent activity, or if required by law. Upon termination, your right to use the Services ceases, and we may delete your account data after a reasonable retention period.

14. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of New South Wales, Australia.

For EU customers, nothing in these Terms affects your statutory rights under applicable EU consumer protection laws. For New Zealand customers, nothing in these Terms limits rights under the Consumer Guarantees Act 1993.

15. Compliance with Laws

You agree to comply with all applicable laws and regulations in your use of the Services, including but not limited to:

• Anti-money laundering (AML) and counter-terrorism financing (CTF) laws
• Know Your Customer (KYC) requirements
• Data protection and privacy laws (GDPR, Australian Privacy Act, etc.)
• Electronic signature and digital identity laws
• Export control and sanctions regulations

16. Changes to Terms

We may modify these Terms at any time by posting the revised version on our website. Material changes will be notified via email or through the Services with at least 30 days' notice. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable agreements, constitute the entire agreement between you and KeyFlux.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations freely.
• Force Majeure: Neither party shall be liable for delays caused by circumstances beyond reasonable control.

18. Contact Information

For questions about these Terms, please contact us: