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Terms of Use

Effective Date: 2 May 2026

Next Scheduled Review: 1 November 2027

Introduction

These Terms of Use are issued by Abilay, a registered business name of ConvergeRisk Pty Ltd (ABN 90 676 967 061) ("Abilay", "we", "our", or "us"). ConvergeRisk Pty Ltd is an Australian private company and the legal entity responsible for the Abilay platform.

Abilay is an independent cyber security capability Software as a Service ("SaaS") platform. We provide cyber security controls implementation, Information Security Management Systems ("ISMS"), governance frameworks, and personnel compliance tooling designed to help organisations build and maintain cyber security resilience. Our platform is aligned with the SMB1001 standard published by Dynamic Standards International ("DSI").

These Terms of Use govern your access to and use of the Abilay website, platform, portal, API, and all documents, templates, frameworks, policy suites, cyber security control configurations, and related materials made available ("Materials" and "Platform").

1. Acceptance of Terms

By accessing this website, using the Platform, downloading any Materials, or creating an account, you confirm that you have read, understood, and agree to be legally bound by these Terms of Use and the Privacy Statement.

If you do not agree, you must not access or use the Platform or Materials.

2. Intended Use of the Platform and Materials

The Platform and Materials are intended for legitimate business use, including:

  • implementing, operating, and maintaining cyber security controls and ISMS programmes;
  • internal governance, risk, compliance, and control activities;
  • managing SMB1001-aligned cyber security control obligations across an organisation or on behalf of clients;
  • development, optimisation, and maintenance of organisational security policies; and
  • sharing with third parties as part of supplier, partner, or third-party risk and governance processes.

The Materials are not tailored to any specific jurisdiction or regulatory environment unless expressly stated.

3. Account Registration and Human-Only Signup

Certain Platform features require an account. When registering, you agree to provide accurate, current, and complete information and to keep such information up to date.

Account creation is strictly limited to natural persons acting on their own behalf or on behalf of an organisation they are authorised to represent. The following are expressly prohibited:

  • creation of accounts by automated scripts, bots, AI agents, or any non-human process;
  • use of AI-generated or synthetic identities to simulate human registration;
  • circumventing or defeating any human-verification controls, including CAPTCHA or email verification, applied at registration; and
  • any programmatic or automated bulk account creation.

Abilay reserves the right to apply technical controls at the point of registration to verify that signups are initiated by a human. Accounts suspected of being created by automated means may be suspended without notice.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account. You represent that you are either acting on your own behalf or are authorised to bind the organisation you represent.

Accounts may not be assigned, shared, or transferred without prior written consent from Abilay. You are responsible for maintaining the confidentiality of your credentials and for all activities conducted through your account.

Abilay reserves the right to suspend or terminate access where these Terms are violated or the Platform is misused.

4. SMB1001 Alignment - Not Certification

Abilay is an independent cyber security capability SaaS platform. The Platform supports organisations in implementing controls aligned with the SMB1001 standard published by DSI.

Abilay is not a Conformity Assessment Body ("CAB"), certifier, or DSC licence holder. Use of the Platform does not constitute, and Abilay does not issue, SMB1001 certification.

References to SMB1001 on the Platform are for alignment and implementation guidance purposes only. Certification outcomes, if sought, are the responsibility of the user and must be obtained through an appropriate DSI-recognised body.

5. MSP Partner and Multi-Tenant Use

Managed Service Providers ("MSPs") who access the Platform to manage cyber security controls on behalf of Small and Medium-sized Business ("SMB") clients agree to the following additional conditions:

  • MSPs may manage Platform access and cyber security control implementation on behalf of their end clients (SMBs), but each SMB's certification licence and platform account remains the property of the SMB, not the MSP.
  • MSPs must not represent to end clients that they hold, own, or control the SMB's certification or licence status.
  • MSPs are responsible for ensuring their use of the Platform on behalf of clients complies with these Terms and any applicable client agreements.
  • MSP access may be subject to additional commercial terms agreed separately with Abilay.

Abilay's multi-tenant architecture is designed to maintain strict data separation between MSP clients. MSPs must not attempt to access, query, or export data belonging to clients other than their own.

6. API Access

Abilay may provide access to an external Application Programming Interface ("API") for integration and automation purposes. Use of the API is subject to these Terms and any additional API documentation or developer agreements published by Abilay.

When accessing the API, you agree to:

  • authenticate using only the credentials and methods provided by Abilay;
  • not attempt to reverse-engineer, scrape, or exceed rate limits applied to the API;
  • not use the API to programmatically create accounts, bypass human-verification controls, or perform actions that would otherwise be prohibited under these Terms; and
  • comply with all applicable security requirements, including token management obligations.

Abilay reserves the right to suspend, modify, or revoke API access at any time.

7. No Professional Advice

The Platform and Materials do not constitute legal, regulatory, cyber security, compliance, or professional advice. You are responsible for determining whether the Materials are suitable and appropriate for your intended purposes.

8. AI-Assisted Capabilities

The Platform may include tools that enable editing, customisation, or AI-assisted generation of content.

AI-assisted outputs may contain errors, omissions, or jurisdictional limitations and may not reflect current laws or regulatory expectations. Abilay does not guarantee the accuracy or compliance of such outputs.

You agree not to rely on AI-assisted outputs as the sole basis for compliance, regulatory, or risk-critical decisions.

9. Independent Review Context

Certain Materials have benefited from input by a group of independent reviewers. Reviewer involvement does not constitute certification, endorsement, or regulatory approval. Responsibility for suitability and compliance remains with the user.

10. Customer Responsibility

You are solely responsible for assessing, adapting, implementing, and sharing the Materials and for ensuring compliance with applicable laws and obligations. All use and reliance occur at your own risk.

11. Monitoring and Technical Controls

Abilay may apply reasonable technical controls to monitor account activity for security, fraud prevention, automated-access detection, and compliance with these Terms, consistent with the Privacy Statement and applicable laws.

12. No Warranties

The Platform and Materials are provided "as is" and "as available" without warranties of any kind.

13. Limitation of Liability

To the maximum extent permitted by law, Abilay and ConvergeRisk Pty Ltd are not liable for any loss or damage arising from use of the Platform, Materials, or AI-assisted outputs. Where liability cannot be excluded, it is limited to the amount paid, if any, to access the Materials.

14. Indemnity

You agree to indemnify and hold harmless Abilay and ConvergeRisk Pty Ltd from claims arising from your use or misuse of the Platform or Materials.

15. Intellectual Property and Permitted Use

Materials remain the intellectual property of ConvergeRisk Pty Ltd, trading as Abilay, unless stated otherwise. A limited, non-exclusive, non-transferable licence is granted to use the Materials internally and to share them with third parties for legitimate governance and compliance activities only. Materials must not be resold or publicly distributed without written permission.

16. Governing Law

These Terms are governed by the laws of Queensland, Australia, without excluding mandatory consumer protections applicable in other jurisdictions.

17. Changes

These Terms may be updated from time to time. Continued use of the Platform constitutes acceptance of the updated Terms. Material changes will be communicated via the Platform or by email where practicable.