Cohesis Essential 8 Assessment Tool
Terms & Conditions

1. Introduction and Acceptance of Terms

1.1. These Terms and Conditions (“Terms”) govern your access to and use of the Cohesis Essential 8 Assessment Tool available at https://www.cohesis.com.au/essential-8/ (the “Tool”), provided by Cohesis Pty Ltd (“Cohesis”, “we”, “us”, “our”).

1.2. By accessing or using the Tool, you (“User”, “you”, “your”) signify that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not access or use the Tool.

1.3. These Terms constitute a legally binding agreement between you and Cohesis regarding your use of the Tool.

2. Description of the Tool

2.1. The Tool is designed to assist Users in evaluating their organisation’s alignment with the Australian Cyber Security Centre’s “Essential 8” mitigation strategies based on information provided by the User. It generates summaries and potential insights based on this input.

3. Reliance on User-Provided Information

3.1. The functionality of the Tool and the accuracy, completeness, and relevance of any output, summaries, reports, or information generated by it (“Output”) are entirely and solely dependent on the accuracy and completeness of the information, data, and responses provided by you, the User.

3.2. Cohesis accepts no responsibility or liability whatsoever for any inaccuracies, omissions, errors, or deficiencies in the Output resulting from incomplete, inaccurate, outdated, or otherwise flawed information provided by the User. The User is solely responsible for ensuring the veracity and adequacy of all submitted information.

4. Use of Artificial Intelligence (AI) and Data Handling

4.1. You acknowledge that the Tool utilises a third-party Artificial Intelligence service, Perplexity AI, for the specific purpose of generating textual summaries based on the answers you provide within the Tool.

4.2. Cohesis will only transmit the information strictly necessary for Perplexity AI to perform the summarisation task.

4.3. Cohesis warrants that no Personal Data (as defined under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018), nor any other confidential information that directly identifies you or your organisation, will be shared with Perplexity AI or any other third party in connection with the generation of the Output. All data handling by Cohesis will comply with applicable Australian privacy legislation and principles.

5. Disclaimer of Warranties

5.1. The Tool and any Output are provided strictly on an “as is” and “as available” basis.

5.2. To the maximum extent permitted by applicable law, Cohesis expressly disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, reliability, security, freedom from viruses, or non-infringement regarding the Tool and its Output.

5.3. Cohesis does not warrant that the Tool will meet your requirements, operate without interruption, be error-free, or that any Output generated will be accurate, reliable, complete, or suitable for any particular purpose.

6. Assumption of Risk

6.1. Your use of the Tool and your reliance on any Output is entirely at your own risk. You are solely responsible for evaluating the usefulness, accuracy, and completeness of any Output and for any decisions made or actions taken, or not taken, based upon it.

7. Limitation of Liability

7.1. To the maximum extent permitted by applicable law, Cohesis, including its directors, officers, employees, agents, affiliates, successors, and assigns, shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if Cohesis has been advised of the possibility of such damages), arising out of or in connection with:

Your access to, use of, or inability to access or use the Tool;
Any conduct or content of any third party on or related to the Tool;
Any Output obtained from the Tool, including any reliance placed on such Output;
Unauthorised access, use, or alteration of your transmissions or data;
Any errors, omissions, or inaccuracies in the Tool or its Output; or
Any other matter relating to the Tool or these Terms.

7.2. Nothing in these Terms shall limit or exclude Cohesis’s liability where liability cannot be excluded or limited under applicable Australian law, including the Competition and Consumer Act 2010 (Cth).

8. Indemnification

8.1. You agree to indemnify, defend, and hold harmless Cohesis and its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, costs, and expenses (including, without limitation, reasonable legal fees and costs) arising directly or indirectly out of or in connection with:

Your access to or use of the Tool;
Your violation of any of these Terms;
Any information or data you submit to the Tool;
Any actions taken, or decisions made, by you or any third party based on the Output generated by the Tool, particularly where such Output is alleged to be inaccurate, incomplete, or misleading;
Any omission or lack of information within the Tool or its Output upon which you or a third party relied; or
Your violation of any applicable law or the rights of a third party.

9. Intellectual Property Rights

9.1. Cohesis retains all right, title, and interest in and to the Tool, including its software, code, design, structure, text, graphics, logos, and all other components (excluding User-provided data and the specific Output generated for the User). All intellectual property rights associated with the Tool are the property of Cohesis or its licensors.

9.2. Subject to your compliance with these Terms, Cohesis grants you a limited, non-exclusive, non-transferable, revocable licence to use the Output generated specifically for you through your use of the Tool solely for your internal business assessment and informational purposes.

9.3. You agree not to copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the source code of the Tool or any part thereof.

10. Modification of Terms

10.1. Cohesis reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect (e.g., by posting on the website). What constitutes a material change will be determined at our sole discretion.

10.2. By continuing to access or use the Tool after those revisions become effective, you agree to be bound by the revised Terms.

11. Governing Law and Jurisdiction

11.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Western Australia.

11.2. You irrevocably agree that the courts of Western Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). The courts system in Western Australia includes the Magistrates Court, District Court, and Supreme Court.

12. Severability

12.1. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13. Entire Agreement

13.1. These Terms constitute the entire agreement between you and Cohesis concerning your use of the Tool and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Tool.