Terms of Service

These Terms of Service ("Terms") govern your use of EssentialScan AU ("the Service", "we", "us"). By creating an account, submitting a domain for scanning, or purchasing a report, you agree to these Terms.

1. Nature of the Service

EssentialScan AU is a passive external reconnaissance tool only. The Service collects and analyses information that is publicly observable from outside your network, including DNS records, TLS certificate configurations, publicly advertised services, and publicly available breach datasets.

• The Service does not perform penetration testing, active exploitation, brute-force attempts, denial-of-service activity, or any intrusive testing.
• The Service does not access, attempt to access, or interact with any system beyond what is publicly exposed and observable.

2. Domain ownership and authorisation

You warrant that you are the registered owner of, or are formally authorised by the registered owner to request scanning of, every domain you submit to the Service. Scans are only released after domain ownership has been verified.

3. Not a formal assessment

The Service is not a substitute for a formal Essential Eight Maturity Model assessment as defined by the Australian Signals Directorate, and is not an IRAP assessment. Maturity Level estimates produced by the Service are based solely on externally observable evidence and cannot evaluate internal controls such as application control, restriction of administrative privileges, or backup practices. If your contract, accreditation, or insurer requires a formal assessment, you must engage an IRAP-certified assessor.

4. Accounts and acceptable use

• You must provide accurate account and billing information.
• You must not resell, redistribute, or republish scan results except as permitted under the MSP White-Label plan.
• You must not use the Service to assess domains belonging to third parties without their authority.

5. Fees, GST, and billing

All prices are in Australian dollars and include GST where applicable. One-time reports are charged at the time of purchase. Subscriptions are billed monthly in advance and may be cancelled at any time, effective at the end of the current billing period. A tax invoice is issued for every payment.

6. Limitation of liability

To the maximum extent permitted by law, including the Australian Consumer Law:

• Our total aggregate liability arising out of or in connection with the Service is capped at the amount you paid for the scan or subscription period giving rise to the claim.
• We are not liable for decisions made on the basis of scan results, including tender outcomes, insurance decisions, or remediation choices.
• We are not liable for indirect, incidental, or consequential loss, including loss of profit, revenue, or business opportunity.

Nothing in these Terms excludes any guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law.

7. Accuracy of results

Scan results reflect publicly observable data at the time of the scan. External data sources may be incomplete, delayed, or inaccurate. We do not warrant that the Service identifies every vulnerability or exposure affecting your environment.

8. Termination

We may suspend or terminate access for breach of these Terms, including submission of unauthorised domains. You may cancel a subscription at any time through the billing portal.

9. Governing law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

10. Contact

Questions about these Terms can be sent to legal@essentialscan.com.au.