Terms of Service
These Terms of Service (“Terms”) govern the use of DekkoSecure’s cloud services: DekkoCore-AU (au.dekko.io), DekkoCore-CA (ca.dekko.io), DekkoCore-US (us.dekko.io) and DekkoDEMS (fusion.dekko.io) (together the “Services”).
Entity: Securest Pty Ltd (ABN 31 166 558 676) trading as DekkoSecure (“DekkoSecure”, “we”, “us” or “our”).
You accept these Terms when you create an account or use the Services. If you do not agree to them do not use the Services.
1. Who these Terms apply to
In short
Everyone who uses the Services. Organisations that buy a plan are responsible for the people they bring in.
These Terms apply to everyone who uses the Services:
- Customers: organisations that buy a plan;
- Authorised Users: people who use the Services under a Customer’s plan; and
- Invited Participants: people invited to share, view, sign or collaborate on content.
Customers must make sure their Authorised Users and Invited Participants comply with these Terms and the policies on this page. Those users have access only while a Customer’s paid plan supports it.
2. Organisation agreements and order of precedence
In short
Organisations can buy on these Terms or sign their own agreement with us. Where the two differ the signed agreement applies.
Organisations can buy a plan under these Terms alone or sign a separate agreement with DekkoSecure such as a master services agreement, order form or service level agreement (a “Signed Agreement”). Arrange one at dekkosecure.com/contact.
If documents conflict they apply in this order:
- the Signed Agreement;
- these Terms;
- the Privacy Policy and Acceptable Use Policy; and
- documentation referred to in these Terms.
3. Your content and zero-knowledge encryption
In short
Your files, messages and meetings stay yours. Only the people you share them with can open them. Not even DekkoSecure can.
“Customer Content” means the files, messages, meetings, signatures and other material users upload, create or share in the Services. Customers and their users keep all rights in it.
The Services are zero-knowledge. Customer Content is encrypted on users’ devices before it reaches DekkoSecure. Keys are handled automatically in the background on those devices. Only the people a user shares content with can open it. DekkoSecure cannot read it.
You grant DekkoSecure the limited rights it needs to store, replicate and transmit encrypted Customer Content in order to provide the Services. It uses those rights for nothing else.
What zero-knowledge means for these Terms
Most online services can read the content they host. DekkoSecure cannot. That changes several parts of these Terms:
- Recovery. DekkoSecure cannot restore content a user or administrator deletes.
- Support. DekkoSecure sees content only when a user chooses to share it. That access is logged and limited to the content shared.
- Legal requests. If the law requires disclosure DekkoSecure can provide only what it holds in readable form: account information and metadata.
- Enforcement. DekkoSecure enforces the Acceptable Use Policy through metadata, activity logs and reports of misuse. It never reads Customer Content.
- Responsibility. Customers and their users are responsible for what they upload and share.
4. Your account
In short
Keep your login to yourself. If you think someone else has used it tell your administrator or DekkoSecure straight away.
Keep your credentials confidential. Do not share your password or let anyone else use your account. Do not use another user’s credentials.
If you believe someone has accessed your account without authorisation tell your organisation’s administrator or DekkoSecure support immediately.
You are responsible for all activity under your account. DekkoSecure is not liable for loss caused by unauthorised access that results from your actions or omissions.
5. Acceptable use
In short
Use the Services lawfully and fairly. The Acceptable Use Policy on this page sets out the rules.
Your use of the Services is subject to the Acceptable Use Policy on this page. It forms part of these Terms.
DekkoSecure may suspend or end access that breaches the Policy or the law or that poses a security or operational risk.
Customers must make sure everyone in their tenancy complies with the Policy.
6. Changes to the Services
In short
We improve the Services over time. Core functions of your plan won’t shrink during its term.
DekkoSecure may add, change or remove features to improve performance, usability, security or compliance.
During a plan’s term DekkoSecure will not materially reduce the core functions of the plan the Customer bought.
Where practicable DekkoSecure gives notice of material changes through in-app notifications, release notes or email.
7. Availability, support and service levels
In short
The Services run on major cloud providers and we work to keep them available. Uptime and support commitments come with a Signed Agreement.
The Services run on third-party infrastructure including Microsoft Azure and Oracle Cloud Infrastructure (the “Service Providers”).
DekkoSecure takes reasonable measures to keep the Services secure, reliable and performant. Incidents at Service Providers and other events beyond DekkoSecure’s reasonable control can affect availability. They are not a breach of these Terms.
Uptime commitments and support response times are set out in a service level agreement that forms part of a Signed Agreement. Without one no specific uptime or response time is guaranteed. Request the service level agreement at dekkosecure.com/contact.
8. Data storage, resilience and backups
In short
Encrypted content is stored across three separate availability zones in its region. A deleted file cannot be restored by anyone. Keep your own archive of files you need long term.
Encrypted Customer Content is stored on Microsoft Azure Zone-Redundant Storage. It is replicated across three physically separate availability zones in the same region so content stays available if one zone fails.
DekkoSecure does not keep point-in-time backups of Customer Content. A file removed by a user or administrator is permanently deleted and DekkoSecure cannot recover it. Customers are responsible for keeping their own long-term archives.
DekkoSecure keeps encrypted backups of the components that run the Services: application code, configuration and operational databases.
9. Privacy and data location
In short
We collect only what we need to run the Services. Your data stays in the country of the instance you use.
DekkoSecure collects only the personal information needed to operate, secure and support the Services. It never sells it or uses it for marketing.
Each instance keeps its data in its own country: Australia for DekkoCore-AU, Canada for DekkoCore-CA and the United States for DekkoCore-US and DekkoDEMS.
The Privacy Policy on this page has the detail.
10. Plans, renewal and payment
In short
Organisations buy plans for at least 12 months, billed in advance. The Services run while a paid plan is in place. Everyone else’s access comes through those plans.
Customers buy a plan for the Services. Each plan runs for the term in its order or Signed Agreement (the “Plan Term”). A Plan Term is at least 12 months unless DekkoSecure agrees otherwise.
Renewal
DekkoSecure provides the Services expecting each plan to be renewed. It will contact the Customer before the Plan Term ends. The Customer must complete its renewal in good time.
If a renewal is still being finalised when a Plan Term ends DekkoSecure may keep the Services running. The renewed Plan Term then starts the day after the previous one ended and fees apply from that date.
When a plan ends
If a plan ends without renewal the Customer’s tenancy becomes read-only. Its Authorised Users can still sign in and download content.
DekkoSecure will email the Customer’s administrator at least 30 days before deleting data. After that it may disable access and permanently delete the tenancy’s data. Deleted content cannot be recovered.
Fees and payment
Fees are invoiced in advance for each Plan Term and exclude GST and similar taxes. Prices are fixed for the Plan Term. DekkoSecure may change prices for a renewed term with at least 30 days’ notice before the current term ends.
Fees are not refundable except as set out under Suspension and termination.
If an invoice is more than 14 days overdue DekkoSecure may suspend access after written notice. Access returns once the overdue amount is paid. If it is still unpaid 30 days after suspension DekkoSecure may end the plan. The tenancy then becomes read-only and its data is deleted as set out above.
Users without their own plan
Authorised Users and Invited Participants use the Services through a Customer’s plan. Invited Participants lose access to a tenancy when its plan ends. Authorised Users keep read-only access until its data is deleted. Any user’s access ends when the Customer removes them.
DekkoSecure may disable or delete any account that no active paid plan supports. That includes accounts created only to receive shared content and accounts from ended trials.
11. Exporting your data
In short
Download your content at any time. After a plan ends you keep read-only access for at least 30 days to take it with you.
Users can download any content they have access to at any time. Files are decrypted on the user’s device as they download. Administrators of larger tenancies can use DekkoSecure’s bulk export tools.
DekkoSecure cannot read Customer Content so it cannot export it for a Customer. A user with access must download it. DekkoSecure provides documentation and support to help. Hands-on export assistance is available as a paid service.
Administrators can download up to six months of audit log history in the app. Customers using the Azure Log Analytics workspace integration hold their logs in their own systems.
After a plan ends the tenancy stays read-only for at least 30 days so content can be exported.
12. Confidentiality
In short
Each side keeps the other’s confidential information private and uses it only for the Services.
“Confidential Information” is non-public information one party discloses to the other in connection with the Services. Customer Content is the Customer’s Confidential Information.
Each party must use the other’s Confidential Information only to provide or receive the Services and protect it with at least reasonable care. It may share it only with personnel, advisers and Service Providers who need it and are bound to keep it confidential.
This does not cover information that is public through no fault of the receiving party, that it already knew, that it develops independently or that it lawfully receives from a third party.
A party may disclose Confidential Information where the law requires it. Where the law allows it must notify the other party first and disclose only what is required.
13. Intellectual property
In short
You own your content. DekkoSecure owns the Services and gives you the right to use them.
DekkoSecure and its licensors own all intellectual property in the Services including the software, documentation and trade marks. Customer Content stays the Customer’s.
DekkoSecure grants each user a non-exclusive and non-transferable right to use the Services while their account is active and subject to these Terms.
You must not copy, modify, reverse engineer, resell or sublicense the Services except where the law permits.
DekkoSecure may use any feedback you give it without obligation.
14. Warranties
In short
We provide the Services with reasonable care and skill. We don’t promise they will be error-free or suit every purpose. Your consumer law rights still apply.
DekkoSecure provides the Services with reasonable care and skill.
To the extent the law permits DekkoSecure does not guarantee the Services will be uninterrupted or error-free or fit for a particular purpose. Warranties not set out in these Terms are excluded.
This does not affect rights that cannot lawfully be excluded including the consumer guarantees under the Australian Consumer Law.
15. Indemnity
In short
Customers are responsible for claims about their content or their users’ misuse of the Services.
DekkoSecure hosts Customer Content without being able to read it. The Customer controls that content and is responsible for it.
The Customer must indemnify DekkoSecure against any claim, loss or cost (including reasonable legal costs) arising from Customer Content or from a breach of the Acceptable Use Policy by the Customer, its Authorised Users or its Invited Participants.
DekkoSecure will tell the Customer promptly about any such claim and where reasonable let the Customer manage the defence. The indemnity is reduced to the extent DekkoSecure caused the loss.
16. Limitation of liability
In short
DekkoSecure’s liability is capped at the fees paid in the previous 12 months or AUD 100 if that is more. Your consumer law rights still apply.
Nothing in these Terms excludes or limits any right that cannot lawfully be excluded including the consumer guarantees under the Australian Consumer Law.
To the extent the law permits DekkoSecure is not liable for indirect or consequential loss or for loss of profits, revenue, data or goodwill however it arises.
To the extent the law permits DekkoSecure’s total liability in connection with the Services is limited to the fees the Customer paid in the 12 months before the event giving rise to the claim or AUD 100 if that is more.
Where liability for a non-excludable guarantee can be limited it is limited to supplying the Services again or paying the cost of having them supplied again.
A Signed Agreement may set different limits.
17. Suspension and termination
In short
You can stop using the Services at any time. We can suspend access that breaks these Terms or puts others at risk. A Customer can end its plan with a refund if we seriously breach these Terms and don’t fix it.
You may stop using the Services at any time. Stopping early does not end a Customer’s Plan Term or entitle it to a refund.
A Customer may end its plan if DekkoSecure seriously breaches these Terms and does not fix the breach within 30 days of written notice. DekkoSecure will then refund the prepaid fees for the unused part of the Plan Term.
DekkoSecure may suspend or end access if you breach these Terms, if the law requires it or if continued access would cause harm or liability to DekkoSecure, other users or third parties. Where practicable and lawful it will tell the Customer’s administrator first or promptly afterwards.
DekkoSecure may stop providing the Services outside a paid Plan Term as set out under Plans, renewal and payment.
When access ends the right to use the Services ends immediately. Data is then deleted as set out under Plans, renewal and payment and in the Privacy Policy.
Fees owed, Confidentiality, Intellectual property, Indemnity and Limitation of liability continue to apply after termination.
18. Changes to these Terms
In short
If we change these Terms we update the date at the top of this page. Changes that disadvantage paying Customers apply from their next renewal.
DekkoSecure may update these Terms. The date at the top of this page shows when they last changed. Where practicable DekkoSecure gives notice of material changes through in-app notifications, email or release notes.
Continued use of the Services after notice means you accept the updated Terms.
An update that disadvantages a Customer with a paid plan applies to that Customer from its next renewal. Updates required by law or made for security apply when published.
An update does not change a Signed Agreement unless both parties agree in writing.
19. Transferring these Terms
In short
We can transfer these Terms if DekkoSecure’s business is sold, merged or restructured. Customers need our agreement to transfer a plan.
DekkoSecure may transfer its rights and obligations under these Terms to a related company or to a buyer or successor of its business in a sale, merger or restructure. It will tell Customers when it does.
A Customer may not transfer its plan to another organisation without DekkoSecure’s written agreement.
20. Notices
In short
We contact your organisation’s administrator by email. You contact us at [email protected].
DekkoSecure gives notices by email to the administrator address registered in the Customer’s tenancy. Customers must keep that address current.
Customers give notices to DekkoSecure by email to [email protected].
An email notice is treated as received on the next business day unless the sender gets a delivery failure.
21. Governing law
In short
New South Wales law applies unless a Signed Agreement says otherwise.
These Terms are governed by the laws of New South Wales, Australia. This applies to every instance unless local law requires otherwise. Each party submits to the non-exclusive jurisdiction of the New South Wales courts.
A Signed Agreement may set a different governing law and jurisdiction.
22. Entire agreement
In short
These Terms, the policies on this page and any Signed Agreement are the whole agreement.
These Terms, the policies on this page and any Signed Agreement form the entire agreement between you and DekkoSecure about the Services. They replace any earlier versions and prior communications.
No term is to be interpreted against a party because that party drafted it.