Acceptable Use Policy

Last updated: February 2026

1. PURPOSE AND APPLICATION

This Acceptable Use Policy (AUP) sets out rules for using the Nyxium Platform and related services (including any APIs, support services, and documentation).

This AUP applies to:

·       each Customer; and

·       each User accessing the Platform under a Customer’s account.

This AUP is incorporated by reference into the Customer’s subscription / licence agreement with Nyxium (Agreement). Capitalised terms not defined in this AUP have the meaning given in the Agreement.

2. CUSTOMER RESPONSIBILITY FOR USERS

The Customer is responsible for:

·       all access to and use of the Platform under its account, including by Users;

·       ensuring Users are aware of and comply with this AUP and the Agreement; and

·       maintaining appropriate access controls (including promptly removing access for departed staff or compromised accounts).

3. LAWFUL AND PERMITTED USE

Customers and Users must use the Platform only:

·       for lawful purposes;

·       in accordance with the Agreement, documentation and any published policies; and

·       in a manner that does not interfere with, damage, or degrade the Platform or other customers’ use.

4. PROHIBITED ACTIVITIES

Customers and Users must not (and must not attempt to):

4.1.      Unlawful activity and harmful content

·       use the Platform for unlawful activity, including fraud, deception, or violations of applicable laws and regulations; and

·       upload, store, transmit, or make available content that is illegal, defamatory, abusive, threatening, or otherwise unlawful.

4.2.      Security and system integrity

·       probe, scan, or test the vulnerability of the Platform (except with Nyxium’s prior written consent);

·       bypass, disable, or interfere with security-related features (including authentication, access controls, audit logs, or rate limits);

·       introduce malware, ransomware, or other malicious code, or facilitate phishing or credential theft; and

·       attempt to gain unauthorised access to accounts, systems, networks, or data.

4.3.      Interference and misuse

·       interfere with or disrupt the integrity or performance of the Platform, including by excessive requests, denial-of-service activity, or automated traffic that is not authorised; and

·       use the Platform in a way that materially increases load or storage beyond reasonable expectations for the subscription plan, except as agreed with Nyxium.

4.4.      Reverse engineering and unauthorised copying

·       reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas from the Platform, except to the extent permitted by law that cannot be excluded; and

·       copy, modify, create derivative works from, or redistribute the Platform or Nyxium materials except as permitted by the Agreement.

4.5.      Intellectual property infringement

·       upload or transmit content that infringes third-party intellectual property rights or other rights.

4.6.      Unauthorised disclosure

·       disclose credentials or allow access by unauthorised persons; and

·       share logins between Users where individual accounts are required under the Agreement or for audit / security reasons.

5. CUSTOMER DATA AND AUTHORITY TO UPLOAD

The Customer warrants and must ensure that it has all necessary rights, authorities, notices and consents to upload, store, process and use Customer Data in the Platform, including where Customer Data contains personal information or sensitive information.

Nyxium is not responsible for the accuracy, quality, legality, or integrity of Customer Data uploaded by or on behalf of the Customer.

6. THIRD PARTY INTEGRATIONS AND SERVICES

Where the Platform integrates with third party products or services (for example, identity providers such as Microsoft), the Customer and Users must comply with the third party’s applicable terms and acceptable use requirements.

Third-party services are outside Nyxium’s control and may be subject to third-party terms, availability and outages. Nyxium is not responsible for third party downtime or failures, and the Customer is responsible for maintaining its own accounts and permissions for any third party services it elects to use.

7. RESPONSIBLE DISCLOSURE

If a Customer or User becomes aware of a security vulnerability or incident relating to the Platform, they must promptly notify Nyxium at: declanlane@nyxium.com.au and must not publicly disclose details without Nyxium’s prior written consent (except where disclosure is required by law).

8. ENFORCEMENT, SUSPENSION AND TERMINATION

Nyxium may monitor use of the Services to the extent reasonably necessary to operate, maintain and secure the Services and to investigate suspected misuse.

Nyxium may suspend or restrict access to the Services (in whole or part) immediately where Nyxium reasonably suspects:

·       a security incident or material risk to the Services, Nyxium, the Customer, Users or third parties;

·       unlawful conduct; or

·       a material breach of this Policy or the Agreement.

Where practicable, Nyxium will provide notice of the suspension and will work with the Customer to resolve the issue. Nyxium may terminate access for repeated or material breaches in accordance with the Agreement.

9. CONTACT US

If you have any questions about this document, or wish to contact Nyxium about any matter arising from it, please contact:

Email: declanlane@nyxium.com.au
Address: Level 3, 150 Edward St Brisbane QLD 4000
Attention: Declan Lane

10. UPDATES TO THIS POLICY

Nyxium may update this AUP from time to time by publishing an updated version at www.nyxium.com.au/legal. Continued use of the Platform after an update constitutes acceptance of the updated AUP, subject to any notice requirements in the Agreement.