Terms of Service

Kekkai Pty Ltd (ACN 698 066 330, ABN 96 698 066 330)

Email: hello@kekkai.com.au | Website: kekkai.com.au

These Terms of Service (“Terms”) govern your access to and use of the Kekkai platform, including the website at kekkai.com.au, the external security scanner, assessment reports, monitoring services, APIs, and all related tools and features (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms. References to “you” and “your” include both you individually and the organisation you represent.

Kekkai Pty Ltd (“Kekkai”, “we”, “us”, “our”) is a company registered in Australia.

1. Definitions

1.1. Account means a registered user account on the Service, created via email and password or through a supported third-party authentication provider (Google, Microsoft).

1.2. Domain means an internet domain name submitted to the Service for scanning or monitoring.

1.3. Free Tier means access to the Service without a paid subscription, including one-off external security scans and associated reports.

1.4. Paid Tier means any subscription plan that provides additional features beyond the Free Tier, including continuous monitoring, M365/Google Workspace integration, Essential Eight assessment, and conditional access policy analysis.

1.5. MSP/Partner Tier means a subscription plan designed for managed service providers and IT consultancies, providing multi-tenant management and white-label reporting capabilities.

1.6. Report means any security assessment output generated by the Service, including executive summaries, technical playbooks, remediation guidance, and PDF exports.

1.7. Scan means an automated assessment of publicly observable security signals for a Domain, including but not limited to DNS records, TLS/SSL certificates, HTTP security headers, email authentication configuration, subdomain enumeration, and breach exposure data.

1.8. User Content means any data, information, or material you provide or submit to the Service, including Domain names, account details, and configuration preferences.

2. Nature of the Service

2.1. Kekkai is an automated external security assessment platform. The Service analyses publicly available data about internet Domains to produce security Reports. The Service does not perform penetration testing, vulnerability exploitation, or active security testing.

2.2. What the Service does:

(a) Queries publicly available DNS records (A, MX, NS, TXT, SPF, DKIM, DMARC) using standard DNS protocol.
(b) Performs TLS/SSL handshakes on standard service ports to assess certificate and cipher configuration.
(c) Makes standard HTTP/HTTPS requests to assess security header configuration.
(d) Queries public Certificate Transparency logs.
(e) Checks publicly available breach databases for domain-level exposure data.
(f) Enumerates subdomains using public sources.
(g) Generates a security assessment Report based on the data collected.
(h) Maps findings to recognised frameworks (Essential Eight, CIS Controls, ISO 27001) for informational purposes.

2.3. What the Service does not do:

(a) Attempt to bypass any access control system, authentication mechanism, or firewall.
(b) Submit credentials, test default passwords, or attempt any form of authentication.
(c) Send malformed, malicious, or exploit payloads.
(d) Scan arbitrary network ports beyond those used for standard web and email services.
(e) Access any non-public or authenticated areas of a Domain’s infrastructure.
(f) Provide legal advice, insurance advice, or compliance certification.
(g) Perform penetration testing or vulnerability exploitation.

3. Accounts and Registration

3.1. Certain features of the Service require an Account. You may create an Account using an email address and password or by authenticating through a supported third-party provider (Google or Microsoft). You are responsible for maintaining the confidentiality of your Account credentials.

3.2. You agree to provide accurate, current, and complete information during registration and to update your information as necessary to keep it accurate.

3.3. You are responsible for all activity that occurs under your Account, whether or not you authorised it. You must notify us immediately at hello@kekkai.com.au if you become aware of any unauthorised use of your Account.

3.4. You must be at least 18 years of age to create an Account. If you are under 18, you may not use the Service.

3.5. Each Account is for a single user or legal entity. You may not share Account credentials with multiple individuals unless the Service expressly provides multi-user features for your subscription tier.

4. User Representations and Acceptable Use

4.1. Legitimate purpose. You represent that you are using the Service for legitimate security assessment, risk management, or compliance purposes. You will not use the Service for any unlawful, malicious, or harmful purpose.

4.2. Domain authority. For Paid Tier and MSP/Partner Tier features that require domain verification (including continuous monitoring, individual breach data access, and white-label reporting), you represent that you own, administer, or have written authorisation from the domain owner to use those features in connection with the relevant Domain.

4.3. Free Tier scans. The Free Tier analyses only publicly available data. You acknowledge that no domain ownership verification is required for Free Tier scans, as the data accessed is the same data available to any internet user, web browser, or DNS resolver. You agree to use Free Tier scans only for legitimate purposes.

4.4. Prohibited conduct. You agree not to:

(a) Use the Service to conduct or facilitate attacks, exploitation, harassment, or abuse against any Domain or its owners, operators, or users.
(b) Use scan results to launch, plan, or support denial-of-service attacks, phishing campaigns, social engineering, or any form of cybercrime.
(c) Systematically scan Domains for the purpose of competitive intelligence gathering, espionage, or building competing security assessment products.
(d) Redistribute, resell, or sublicense scan results or Reports without authorisation from Kekkai, except as expressly permitted under your subscription tier.
(e) Attempt to reverse-engineer, decompile, or otherwise derive the source code, scoring algorithms, or scanning methodology of the Service.
(f) Circumvent, disable, or interfere with rate limiting, access controls, or other security features of the Service.
(g) Use automated systems (bots, scrapers, scripts) to access the Service in a manner that exceeds reasonable use or circumvents rate limits, unless authorised via a paid API plan.
(h) Submit domains for the purpose of harassing domain owners, including repeatedly scanning a domain and sharing poor results publicly to damage reputation.
(i) Misrepresent your identity, affiliation, or authority in connection with your use of the Service.
(j) Use the Service in any manner that violates any applicable law, regulation, or third-party right.

4.5. Compliance with law. You are responsible for ensuring that your use of the Service complies with all laws applicable to you, including but not limited to privacy, data protection, and computer misuse laws in your jurisdiction.

5. Scanning and Data Collection

5.1. Publicly available data. The Service accesses only data that is publicly available through standard internet protocols. Every data point the Service collects is the same data that any web browser, email client, or DNS resolver would receive in the course of normal operation. No access control system is bypassed.

5.2. Scanning methodology. Scans are performed using standard DNS queries, TLS handshakes, and HTTP requests. The Service operates in accordance with responsible scanning principles and respects server responses, including rate-limiting signals.

5.3. Breach data. Breach exposure data is sourced from publicly available breach databases and aggregation services. The Free Tier displays aggregate breach counts and named breaches only. Individual-level breach data (specific email addresses appearing in breaches) is available only to verified domain owners through the Paid Tier or MSP/Partner Tier.

5.4. Scan frequency. Scans are point-in-time assessments. Free Tier scans are subject to rate limits. Paid Tier scans may run on a schedule determined by your subscription plan. We reserve the right to adjust rate limits and scan frequencies at any time.

5.5. Third-party domains. You acknowledge that scanning a Domain does not require the consent of the Domain owner, as the Service accesses only publicly observable data. However, you remain responsible for your use of the results, and section 4 (Acceptable Use) applies in full.

6. Reports and Remediation Guidance

6.1. Automated assessments. Reports are generated by automated systems. They represent an automated assessment of publicly observable security signals at a point in time. Reports are not, and should not be treated as:

(a) a professional security audit or penetration test;
(b) a compliance certification for any standard or framework (including but not limited to Essential Eight, CIS Controls, ISO 27001, SOC 2, or PCI DSS);
(c) legal advice regarding your regulatory obligations;
(d) insurance advice or an insurance risk assessment;
(e) a guarantee that a Domain is secure or insecure; or
(f) a substitute for professional cybersecurity assessment by qualified practitioners.

6.2. Accuracy. While we use reasonable efforts to ensure the accuracy of our scanning and analysis, we do not warrant that Reports are error-free, complete, or current. Findings may include false positives (reporting an issue that does not exist) or false negatives (failing to report an issue that does exist). Security configurations can change at any time, and a Report reflects only the state observed during the Scan.

6.3. Remediation guidance. Reports may include suggested remediation steps, configuration commands, and prioritisation recommendations. This guidance is general in nature and provided for informational purposes only. You acknowledge that:

(a) Implementing remediation steps may affect the operation of your systems, services, or applications.
(b) You are solely responsible for evaluating, testing, and implementing any remediation in your own environment.
(c) Kekkai recommends that you test all changes in a non-production environment before applying them to production systems.
(d) Kekkai accepts no liability for any consequences arising from your implementation of remediation guidance, including service disruptions, data loss, or system failures.

6.4. Compliance mapping. Where Reports map findings to compliance frameworks (Essential Eight, CIS Controls, ISO 27001, or others), this mapping is informational only. It does not constitute a compliance assessment, certification, or endorsement. Compliance with any framework depends on many factors beyond the scope of an external scan.

6.5. Insurance relevance. Where Reports flag findings as relevant to cyber insurance underwriting or claims, this is provided as general context only. Kekkai is not an insurance broker, underwriter, or advisor. You should consult qualified insurance professionals for insurance decisions.

7. Subscription Plans and Payment

7.1. Free Tier. The Free Tier is provided at no cost and includes one-off external security scans with basic reporting. The Free Tier is subject to rate limits and does not include service level commitments. Kekkai may modify, limit, or discontinue the Free Tier at any time without notice.

7.2. Paid Tier.Paid subscriptions are billed monthly in Australian dollars (AUD). Prices are published on our website and may be updated from time to time. We will provide at least 30 days’ notice of price changes to existing subscribers.

7.3. MSP/Partner Tier. MSP/Partner subscriptions are billed monthly on a per-tenant basis in AUD. Additional terms specific to the MSP/Partner Tier are set out in section 13.

7.4. Payment processing.Payments are processed by our third-party payment provider (currently Stripe). By subscribing, you agree to the payment provider’s terms of service. We do not store your full credit card details on our servers.

7.5. Billing cycle. Subscriptions renew automatically each month on the anniversary of your subscription start date. Your payment method will be charged at the beginning of each billing cycle.

7.6. Failed payments. If a payment fails, we will attempt to process the charge again and notify you. If payment cannot be collected within 7 days, we may suspend your access to Paid Tier features until payment is received.

7.7. Cancellation. You may cancel your subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing cycle. You will retain access to Paid Tier features until the end of the period you have already paid for. No refund is provided for the remaining days of a billing cycle after cancellation.

7.8. Refunds. Refunds are generally not provided except where required by the Australian Consumer Law. If you believe you are entitled to a refund, contact us at hello@kekkai.com.au.

7.9. Taxes. All prices are exclusive of GST unless stated otherwise. Where GST applies, it will be added to the invoiced amount at the current rate (10%). Kekkai will issue tax invoices that comply with the requirements of the A New Tax System (Goods and Services Tax) Act 1999.

8. Service Availability

8.1. No SLA for Free Tier.The Free Tier is provided on an “as available” basis with no service level commitments. We may experience downtime, interruptions, or degraded performance without notice.

8.2. Paid Tier availability. For Paid Tier and MSP/Partner Tier subscribers, we will use commercially reasonable efforts to maintain 99.5% monthly uptime, measured as the percentage of total minutes in a calendar month during which the Service is available. This excludes:

(a) scheduled maintenance windows, for which we will provide at least 24 hours’ notice;
(b) downtime caused by factors outside our reasonable control, including internet outages, hosting provider failures, and force majeure events;
(c) downtime caused by your equipment, software, or network connections; and
(d) downtime resulting from actions taken at your request or due to your breach of these Terms.

8.3. Modifications to the Service.We may modify, update, or discontinue features of the Service from time to time. For Paid Tier and MSP/Partner Tier subscribers, we will provide at least 30 days’ notice before discontinuing a material feature of the Service. For the Free Tier, changes may be made without notice.

9. Intellectual Property

9.1. Kekkai’s intellectual property. The Service, including the scanning methodology, scoring algorithms, grade calculation system, remediation content, report templates, user interface, documentation, and all associated software and technology, is the intellectual property of Kekkai or its licensors. All rights not expressly granted in these Terms are reserved.

9.2. Your licence to use Reports. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to:

(a) access and use Reports generated for Domains you own or are authorised to manage;
(b) share Reports with your employees, contractors, advisors, auditors, and insurers for your internal security assessment and compliance purposes; and
(c) if you are a Paid Tier or MSP/Partner Tier subscriber, share Reports with clients and third parties in accordance with the features of your subscription plan.

9.3. Restrictions. You may not:

(a) reproduce, modify, adapt, or create derivative works from Kekkai’s scoring methodology, remediation content, or report templates, except to the extent that such a restriction is not permitted by law;
(b) remove, alter, or obscure any proprietary notices, watermarks, or attributions in Reports;
(c) use Kekkai’s name, logo, or branding to imply endorsement, affiliation, or certification, except as expressly permitted under the MSP/Partner Tier; or
(d) use Reports or Service output to build, train, or improve a competing product or service.

9.4. Feedback. If you provide feedback, suggestions, or improvement ideas regarding the Service, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without obligation to you.

9.5. Your content. You retain ownership of User Content you submit to the Service. By submitting User Content, you grant us a licence to use, process, and store it solely for the purpose of providing and improving the Service.

10. Privacy and Data Handling

10.1. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at kekkai.com.au/privacy. Our Privacy Policy forms part of these Terms.

10.2. Data security. We implement technical and organisational measures designed to protect data processed through the Service, including encryption in transit and at rest, access controls, and logging. However, no system is completely secure, and we cannot guarantee absolute security.

10.3. Data retention. We retain data in accordance with the data retention schedule described in our Privacy Policy. In general:

(a) Free Tier scan results are retained for up to 24 months.
(b) Paid Tier scan results are retained for the duration of the subscription plus 24 months.
(c) Billing and financial records are retained for 7 years in accordance with Australian tax law.
(d) Account data is retained for the duration of the Account plus 30 days following an account deletion request.

10.4. Account deletion. You may request deletion of your Account and associated data by contacting us at hello@kekkai.com.au. We will process deletion requests within 30 days, subject to our legal obligations to retain certain records.

10.5. Cross-border transfers. Kekkai primarily processes data in Australia. Where we use third-party service providers that process data outside Australia, we take reasonable steps to ensure those providers protect personal information in a manner consistent with the Australian Privacy Principles.

11. Disclaimer of Warranties

11.1. As-is basis.To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

11.2. Specific disclaimers. Without limiting the generality of section 11.1, we specifically disclaim any warranty or representation that:

(a) the Service will be uninterrupted, error-free, or free of harmful components;
(b) scan results or Reports will be accurate, complete, current, or fit for any particular purpose;
(c) remediation guidance will resolve security issues without adverse effects;
(d) the Service will detect all security vulnerabilities, misconfigurations, or exposures;
(e) a favourable score or grade means a Domain is secure; or
(f) the Service satisfies any specific regulatory, compliance, or contractual requirement.

11.3. Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted, or modified by agreement. If a consumer guarantee applies and cannot be excluded, our liability is limited, at our election, to:

(a) in the case of services, re-supplying the services or paying the cost of having the services re-supplied; and
(b) in the case of goods, replacing or repairing the goods, or paying the cost of replacement or repair.

12. Limitation of Liability

12.1. Liability cap.To the maximum extent permitted by applicable law, Kekkai’s total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Service is limited to the greater of:

(a) the total fees you paid to Kekkai in the 12 months immediately preceding the event giving rise to the claim; or
(b) AUD $100.

12.2. Exclusion of consequential loss. To the maximum extent permitted by applicable law, Kekkai will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business, goodwill, or reputation, whether arising in contract, tort (including negligence), statute, or otherwise, even if we have been advised of the possibility of such damages.

12.3. Specific exclusions. Without limiting sections 12.1 and 12.2, Kekkai is not liable for:

(a) any loss or damage arising from your reliance on scan results, Reports, or remediation guidance;
(b) any loss or damage arising from your implementation of remediation steps suggested by the Service;
(c) any loss or damage to third parties resulting from your sharing or use of Reports;
(d) any claims by domain owners relating to your Scanning of their Domains;
(e) any loss or damage caused by inaccurate, incomplete, or outdated scan results, including false positives and false negatives;
(f) any business decisions made based on Reports, including insurance, compliance, or procurement decisions;
(g) any service interruptions, downtime, or data loss, except to the extent provided in our service level commitments for Paid Tier subscribers; or
(h) any unauthorised access to, or alteration or loss of, your Account data or transmissions, except where such access, alteration, or loss is caused by our gross negligence or wilful misconduct.

12.4. Essential purpose. You acknowledge that the limitations in this section 12 are an essential element of the agreement between you and Kekkai and reflect a reasonable allocation of risk. The Service would not be provided to you at the applicable price (or at all, in the case of the Free Tier) without these limitations.

12.5. Statutory rights preserved. The limitations in this section 12 apply to the maximum extent permitted by applicable law, including the Australian Consumer Law. They do not exclude or limit liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded by law.

13. MSP/Partner Tier

13.1. Applicability. This section 13 applies in addition to the other provisions of these Terms if you subscribe to the MSP/Partner Tier. In the event of a conflict between this section and the rest of these Terms, this section prevails to the extent of the conflict.

13.2. Multi-tenant access. The MSP/Partner Tier provides you with the ability to manage multiple client tenants under a single partner Account. Each tenant is a separate logical entity within the Service.

13.3. Per-tenant billing. You will be billed monthly for each active tenant in your partner Account. A tenant is considered active if it has been provisioned and not removed as at the billing date. Current pricing is published on our website.

13.4. White-label reports.Subject to your active subscription, you may generate Reports under your own branding (“White-Label Reports”). White-Label Reports:

(a) must include a notation stating “Powered by Kekkai” or similar attribution in a reasonably visible location, unless we agree otherwise in writing;
(b) may not misrepresent the nature of the Service, the scope of the assessment, or the meaning of scores and grades;
(c) remain subject to the accuracy disclaimers and liability limitations in these Terms; and
(d) are your responsibility once distributed to your clients. You are liable for any claims by your clients arising from their reliance on White-Label Reports.

13.5. Data isolation.Each tenant’s data is logically isolated within the Service. You will not access one tenant’s data through another tenant’s account. You are responsible for ensuring that your use of the MSP/Partner Tier complies with your own contractual obligations to your clients.

13.6. Client relationships. Your relationship with your clients is solely between you and your clients. Kekkai is not a party to any agreement between you and your clients. You are responsible for obtaining any consents or authorisations required from your clients in connection with your use of the Service.

13.7. Domain verification.You must complete domain verification for each tenant’s Domain before accessing continuous monitoring, individual breach data, or generating White-Label Reports for that tenant.

14. Rate Limiting and API Access

14.1. Rate limits. The Service imposes rate limits on scan requests and API calls. Rate limits vary by tier: the Free Tier has lower limits than the Paid Tier. Current rate limits are documented on our website and within the API documentation.

14.2. No circumvention. You must not circumvent, bypass, or attempt to defeat rate limits through any means, including rotating IP addresses, creating multiple Accounts, or using automated tools designed to evade detection.

14.3. API terms. If you access the Service via an API:

(a) you must authenticate using the credentials or API keys provided to you;
(b) you must comply with the rate limits, usage quotas, and technical requirements documented in our API documentation;
(c) you must not share API keys or credentials with third parties;
(d) you are responsible for all activity conducted using your API credentials; and
(e) we may revoke or restrict API access at any time if we reasonably believe you are in breach of these Terms or using the API in a manner that threatens the stability, security, or availability of the Service.

14.4. Fair use. Even within published rate limits, we reserve the right to throttle or restrict access if your usage pattern places disproportionate load on the Service or is inconsistent with normal use. We will endeavour to notify you before taking such action, except in cases of urgency.

15. Indemnification

15.1. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Kekkai, its directors, officers, employees, and agents from and against any claims, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) your use of the Service, including your sharing of Reports with third parties;
(b) your breach of these Terms, including the Acceptable Use provisions in section 4;
(c) your misrepresentation of domain ownership or authority;
(d) any claim by a third party (including a domain owner) arising from your use of the Service;
(e) your violation of any applicable law, regulation, or third-party right; or
(f) your implementation of remediation guidance provided by the Service.

15.2. This indemnification obligation does not apply to the extent that a claim arises from Kekkai’s gross negligence, wilful misconduct, or breach of these Terms.

15.3. Limitation. To the extent that the Australian Consumer Law or any other applicable law limits the enforceability of indemnification provisions in standard form contracts, this section 15 is limited accordingly.

16. Suspension and Termination

16.1. Termination by you. You may close your Account at any time by contacting us at hello@kekkai.com.au or through your Account settings. Closing your Account is distinct from cancelling a subscription (see section 7.7). On Account closure, your access to the Service will cease, and your data will be handled in accordance with section 10.

16.2. Suspension or termination by Kekkai. We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice if:

(a) you breach these Terms, including the Acceptable Use provisions;
(b) we reasonably believe your Account is being used for malicious reconnaissance, attack planning, or any activity that poses a security risk;
(c) you fail to pay subscription fees when due and do not remedy the failure within 7 days of notice;
(d) we are required to do so by law, regulation, or court order; or
(e) your use of the Service poses a risk to the security, integrity, or availability of the Service or to other users.

16.3. Notice. Where practicable, we will provide notice before suspension or termination and an opportunity to remedy the breach. However, we are not required to provide notice where the breach poses an immediate risk to security, legal compliance, or other users.

16.4. Effect of termination. On termination:

(a) your right to access the Service ceases immediately;
(b) if you have an active paid subscription, no refund is provided for the remaining period, except where required by law;
(c) your data will be retained and deleted in accordance with our data retention schedule (section 10.3); and
(d) sections 6 (Reports and Remediation Guidance), 9 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 15 (Indemnification), and 18 (Governing Law) survive termination.

16.5. Service discontinuation.Kekkai may discontinue the Service entirely with 90 days’ notice to Paid Tier and MSP/Partner Tier subscribers. In the event of full discontinuation, Paid Tier and MSP/Partner Tier subscribers will receive a pro-rata refund of prepaid fees for the remaining subscription period.

17. Changes to These Terms

17.1. We may update these Terms from time to time. When we make changes, we will update the “Last updated” date at the top of this document.

17.2. Material changes.For material changes that adversely affect your rights or obligations, we will provide at least 30 days’ notice via the email address associated with your Account or through a prominent notice on our website. Your continued use of the Service after the notice period constitutes acceptance of the updated Terms.

17.3. Non-material changes. Non-material changes (such as clarifications, formatting, or corrections that do not alter your rights or obligations) take effect when published.

17.4. Objection. If you do not agree with a material change, you may cancel your subscription and close your Account before the change takes effect. Your use of the Service after the effective date of the change constitutes acceptance.

18. Governing Law and Dispute Resolution

18.1. Governing law. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

18.2. Jurisdiction. Subject to section 18.3, the courts of New South Wales, Australia have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

18.3. Dispute resolution process. Before commencing any court proceedings (other than urgent interlocutory relief), the parties agree to follow this process:

(a) Negotiation. The aggrieved party must first notify the other party in writing, setting out the nature of the dispute and the outcome sought. The parties will use good faith efforts to resolve the dispute by negotiation within 14 days of the notice.
(b) Mediation. If the dispute is not resolved by negotiation within 14 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in Sydney, in accordance with the ADC Mediation Guidelines. The costs of mediation will be shared equally between the parties, with each party bearing its own legal costs.
(c) Court proceedings. If the dispute is not resolved by mediation within 28 days of referral (or such longer period as the parties agree), either party may commence court proceedings.

18.4. Continued performance. During the dispute resolution process, both parties will continue to perform their obligations under these Terms to the extent reasonably practicable, unless the dispute relates to the obligation in question.

19. General Provisions

19.1. Entire agreement. These Terms, together with the Privacy Policy and any additional terms applicable to your subscription tier, constitute the entire agreement between you and Kekkai regarding the Service and supersede all prior agreements, understandings, and representations.

19.2. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19.3. Waiver. A failure or delay by Kekkai in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver is only effective if it is in writing and signed by Kekkai.

19.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

19.5. Notices. Notices to Kekkai must be sent to hello@kekkai.com.au. Notices to you will be sent to the email address associated with your Account. Notices are deemed received when sent via email, provided the sender does not receive an automated delivery failure notification.

19.6. Force majeure. Kekkai is not liable for any failure or delay in performing its obligations to the extent caused by circumstances beyond its reasonable control, including natural disasters, pandemic, war, terrorism, government action, internet or telecommunications failures, or failures of third-party service providers.

19.7. No agency. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Kekkai. Neither party has authority to bind the other.

19.8. Third-party rights. These Terms do not confer any rights on any person other than the parties to these Terms, except as expressly stated.

19.9. Electronic transactions. These Terms are entered into electronically, and you consent to the application of the Electronic Transactions Act 1999 (Cth) and equivalent state and territory legislation.

20. Contact

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

Kekkai Pty Ltd
ACN 698 066 330 | ABN 96 698 066 330

Email: hello@kekkai.com.au
Website: kekkai.com.au