SixSides Customer Agreement

This Customer Agreement (the "Agreement") is a legally binding agreement between SixSides Pty Ltd (ABN 51 685 592 581) of Queensland, Australia (referred to as "SixSides", "we", or "us") and the party that accepts these terms by confirming agreement via checkbox, submitting an order, or paying an issued invoice (referred to as "Customer" or "you").

By proceeding with payment or use of the platform, the Customer agrees to be bound by this Agreement. The Effective Date of this Agreement is the date on which the Customer completes payment for the associated Event services.

Background

SixSides provides an event management platform and mobile application service (excluding ticketing) for single events, offering features such as event agendas, sponsor and partner listings, attendee networking tools, push notifications, session feedback, and other attendee engagement features.
The Customer wishes to engage SixSides to provide these services for its specific event.
The parties enter into this one-off Agreement for the provision of SixSides' services for the Customer's event under the terms and conditions below.

1. Definitions

In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given below:

"Event" – the single event or conference organised by Customer for which the Services are being provided under this Agreement, as identified in the relevant ordering document or scope of work (including the scheduled Event date(s)).
"Services" (or "Platform") – the event application and management services provided by SixSides under this Agreement, including access to SixSides' event platform and related features and support, as described in this Agreement and any attached documentation.
"Customer Content" – any data, materials, information, logos, text, graphics, photos, video, or other content that the Customer or its attendees, speakers, sponsors, or agents provide or upload to the Platform in connection with the Event (including event schedules, speaker details, sponsor information, messages, and feedback).
"SixSides IP" – all Intellectual Property Rights in the SixSides Platform and services, including but not limited to the software, mobile application, website, documentation, tools, algorithms, trademarks, and any updates or customisations thereof.
"Intellectual Property Rights" – all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade mark, design, patent, trade secret, know-how, database right, or other proprietary right, whether registrable or not, anywhere in the world.
"Fees" – the one-time project fee and any other charges payable by the Customer for the Services, as set out in the Order Form, invoice, or Commercial Terms Schedule, and including any applicable GST.
"GST" – goods and services tax as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), at the prevailing rate (currently 10%).
"Confidential Information" – any non-public or proprietary information disclosed by one party to the other in connection with this Agreement, whether oral, written, or electronic, including business information, technical data, trade secrets, Customer Content, and personal information of attendees. It does not include information that is in the public domain (other than through breach of this Agreement) or that was independently developed or rightfully obtained by the receiving party free of confidentiality obligations.
"Privacy Policy" – SixSides' Privacy Policy available at https://www.sixsides.co/legal/privacy, which outlines SixSides' practices regarding the collection, use, and protection of personal information.
"Terms of Service" – SixSides' general Terms of Service available at https://www.sixsides.co/legal/terms, which may further describe permitted uses of the Platform and user conduct (to the extent not modified by this Agreement).
"Non-Excludable Condition" – any guarantee, condition or warranty (such as those implied by the Australian Consumer Law) that cannot lawfully be excluded or limited by contract.

Any other capitalised terms used in this Agreement have the meaning given in context or in the clause where they are first defined.

2. Event Engagement and Scope of Services

2.1 One-Off Event Engagement: This Agreement is specific to the Event and is not a subscription or rolling services contract. The Services are provided to the Customer for the sole purpose of facilitating the Event identified by the parties. The term of this Agreement begins on the Effective Date and continues until completion of the Event and any agreed post-Event period (for example, to allow post-event access or data export), unless terminated earlier in accordance with this Agreement. There is no automatic renewal – a new agreement must be executed for any future events or additional services outside the scope of the specified Event.
2.2 Scope of Services: SixSides will provide the Customer with access to its event management platform ("the Platform") for use in connection with the Event. The Platform will be configured and made available with the features and modules as agreed with the Customer (for example, interactive agenda scheduling, speaker and sponsor/partner listings, attendee networking and messaging tools, push notification functionality, session feedback and surveys, live polls or Q&A, and other attendee engagement tools offered by SixSides). SixSides will also provide any ancillary services specified in writing (such as initial training or on-site support, if agreed). The Services explicitly exclude ticketing or payment processing for the Event unless otherwise agreed in writing. The Customer remains responsible for managing Event registrations, ticket sales, payments, and any other Event logistics not expressly included in the Services.
2.3 Platform Access: SixSides will enable access to the Platform for the Customer and the Event's end-users (e.g. attendees, speakers, sponsors) for the duration of the Event engagement. Access may be provided via a mobile application and/or web interface. SixSides grants the Customer a limited, non-exclusive, non-transferable licence to use the Platform during the term of this Agreement solely for purposes of organising, managing, and enhancing the Event. This licence will automatically terminate upon expiry or termination of this Agreement. The Customer's right to access and use the Platform is subject to the terms of this Agreement and any user guidelines or acceptable use policies provided by SixSides.
2.4 Service Limitations: The Customer acknowledges that SixSides is providing a technology platform to facilitate Event management and attendee engagement, and SixSides is not an event organiser or agent of the Customer. All decisions regarding Event content, scheduling, attendee participation, and outcomes are the responsibility of the Customer. SixSides does not guarantee any specific results or attendee engagement levels. The Services depend on various technical components (such as internet connectivity, attendees' devices, and third-party app stores or services). SixSides will make commercially reasonable efforts to ensure the Platform is accessible and functional as agreed, but the Customer is responsible for providing or ensuring necessary internet access at Event venues, compatible devices for users, and any third-party integrations not supplied by SixSides. Except as expressly set out in this Agreement, no additional services or functionality are implied. Any changes to the scope of Services (such as additional features or extended support beyond what is agreed) must be mutually agreed in writing and may be subject to additional fees.

3. Fees and Payment Terms

3.1 Fees: In consideration for the Services, the Customer will pay SixSides the agreed one-time project fee. The Fees and any applicable breakdown (for example, setup fee, customisation fee, support fee, etc., if applicable) will be specified in a quote, proposal, or order form provided by SixSides and accepted by the Customer, or in a Commercial Terms Schedule attached to this Agreement. All Fees are stated in Australian Dollars (AUD) and exclusive of GST unless expressly stated otherwise. If GST is applicable to any supply under this Agreement, the Customer must pay the GST amount at the same time as the underlying Fee, and SixSides will provide a compliant tax invoice.
3.2 Invoicing and Payment: SixSides will invoice the Customer for the Fees as per the agreed payment schedule. Unless otherwise agreed in writing, the project Fee is payable in full within 14 days of the invoice date. Alternatively, SixSides may require a portion of the Fee to be paid as an upfront deposit (for example, 50% on signing of this Agreement) with the balance payable before or on a specified milestone (such as the launch of the Event app or the Event start date). Any such milestone payment terms will be detailed in the invoice or schedule. The Customer shall pay all invoices in cleared funds by the due date specified. Time for payment is of the essence. If the Customer anticipates any delay in payment, it must notify SixSides and seek written approval for an extension, but any such extension is at SixSides' discretion.
3.3 Late Payment: If the Customer fails to pay any amount by the due date, SixSides may (at its option and without limiting its other rights) suspend access to the Platform or Services until payment is received. Late payments may incur interest at the rate of 15% per annum, calculated daily from the due date until the date of payment in full. The Customer will be responsible for any reasonable costs (including legal fees on an indemnity basis and debt collection costs) incurred by SixSides in recovering overdue amounts.
3.4 No Refunds: Fees are non-cancellable and non-refundable upon commencement of the project. Once work on the Event (including any configuration, development, or content integration) has begun, the Customer is committed to paying the full project Fee. In the event that the Customer cancels or substantially changes the Event or no longer wishes to use the Services, no refunds of Fees will be provided for any reason except where required by law. This no-refund policy reflects the upfront allocation of SixSides' resources and time in preparing for the Event. If the Customer has prepaid Fees and the law requires a refund in certain circumstances, any refund will be limited to the portion of Fees for services not yet rendered (and may exclude any non-recoverable costs or work already performed by SixSides). For clarity, a termination of this Agreement by the Customer for convenience (see Clause 11.2) or due to an Event cancellation will not entitle the Customer to a refund of Fees already paid, and if any Fees remain unpaid at cancellation, those will become immediately due and payable.
3.5 Taxes: The Customer is responsible for any duties, withholdings, or taxes (other than SixSides' income taxes) that are imposed in relation to the Services. If the Customer is required by law to withhold any amount from the Fees, it shall gross-up the payment such that SixSides receives the full amount it would have received but for the withholding.

4. Customer Obligations and Responsibilities

The Customer agrees to fulfill the following obligations in order to facilitate the successful delivery of Services and to use the Platform in an appropriate manner:

4.1 Provide Event Materials: The Customer must provide SixSides with all necessary Event-related materials, information, and content in a timely manner and in the format reasonably requested by SixSides. This includes (but is not limited to) the Event schedule/agenda, speaker information and photos, sponsor and partner details and logos, attendee lists or data (if applicable), and any other content required to configure the Event app or platform. The Customer confirms that all such Customer Content provided is accurate to the best of its knowledge and kept up-to-date, and will promptly notify SixSides of any changes or corrections needed.
4.2 Licence to Use Customer Content: The Customer grants SixSides a royalty-free, non-exclusive licence to use, reproduce, modify, and display the Customer Content solely for the purposes of providing the Services under this Agreement and fulfilling SixSides' obligations (including setting up the Event app and supporting Event operations on the Platform). The Customer warrants that it has all necessary rights and permissions to provide the Customer Content to SixSides and to grant this licence, and that no Customer Content (a) infringes or misappropriates any third party's Intellectual Property Rights, (b) is defamatory, obscene, or unlawful, or (c) violates any third-party privacy or publicity rights. The Customer retains ownership of all Customer Content and all rights thereto, subject to the licence granted here for SixSides to perform the Services.
4.3 Compliance and Appropriate Use: The Customer must use the Platform and Services only for their intended purpose in connection with the Event and in accordance with all applicable laws and regulations. The Customer is responsible for ensuring that its authorised users (including its employees, contractors, and Event attendees or participants where applicable) comply with all user terms and this Agreement when accessing the Platform. In particular, the Customer and its users must not:

use the Platform to engage in any activity that is illegal, fraudulent, or infringes any rights (including intellectual property and privacy rights) of others;
upload or transmit any viruses, malicious code, or harmful content, or otherwise attempt to interfere with the proper working of the Platform or any systems or networks of SixSides or its providers;
attempt to reverse engineer, decompile, or disassemble the Platform, nor hack, circumvent security or authentication measures, or otherwise attempt to discover the source code or underlying trade secrets of the Platform;
share or permit others to use any login credentials or access keys provided by SixSides, except as authorised for the purposes of the Event. The Customer is responsible for maintaining the confidentiality and security of any account credentials and must notify SixSides immediately of any unauthorised access or suspected breach of its Event account;
resell, sub-license, or otherwise provide access to the Platform or Services to any third party (other than giving Event attendees access as intended) without SixSides' prior written consent;
use the Platform to store, transmit or display any content that is offensive, harassing, indecent, or otherwise inappropriate, or that contains personal data of individuals without having obtained all necessary consents (for example, do not upload attendee lists or contact details unless those individuals have agreed to participate and have their information used on the Event platform).

4.4 Event Attendee Data and Privacy Compliance: If the Customer provides SixSides with personal information relating to any Event attendees, speakers, sponsors, or other individuals (for example, names, email addresses, contact information, or any other personally identifiable data uploaded to the Platform), the Customer represents and warrants that it has collected and is disclosing such personal information in compliance with all applicable privacy laws (including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, if applicable). This means the Customer has obtained any required consents or provided necessary notices to those individuals to allow their data to be used in connection with the Services. The Customer must not upload or provide any sensitive personal data to the Platform unless necessary for the Event and agreed to by SixSides in advance. The Customer agrees that it will comply with its own posted privacy policy and obligations under privacy laws regarding personal information collected during the Event (such as attendee data), and that it will not direct SixSides to use or process personal data in a manner that would violate applicable law.
4.5 Cooperation and Support: The Customer will cooperate in good faith with SixSides and provide all information, approvals, and assistance reasonably required by SixSides to implement and support the Services. This includes designating a project contact or coordinator to liaise with SixSides, making timely decisions or approvals on any configurations or content, and testing the Event app prior to launch. The Customer is responsible for any configuration or content decisions it makes. If the Services include any integration with third-party systems or services (such as CRM systems, social media, or analytics), the Customer will provide necessary access and API keys and ensure it has the rights to allow such integration. The Customer shall also ensure that its network and systems comply with any specifications provided by SixSides and that it maintains its own backup of any Customer Content (as a precaution, although SixSides will also backup data as described in Clause 8).
4.6 Marketing and References: The Customer agrees that SixSides may use the Customer's name, logo, and the name of the Event in SixSides' marketing materials, client lists, or case studies to identify the Customer as a user of the SixSides platform. Any such use will be in good taste and not disparaging. SixSides' right to use the Customer's name and logo is limited to factual reference (e.g., listing the Customer as a client or showcasing non-confidential aspects of the Event app as an example of SixSides' work). If the Customer does not want to be included in certain marketing references, it can notify SixSides in writing. SixSides will, upon request, cease any new public use of the Customer's name and logo within a reasonable time (not to exceed 6 months) after the Event or after such request is received, whichever is later, while acknowledging that materials already publicly distributed (such as printed case studies or online portfolio entries) cannot be retroactively withdrawn.
4.7 Indemnity: To the extent permitted by law, the Customer indemnifies and agrees to keep indemnified SixSides, its directors, employees and agents from and against any Claim (including all losses, liabilities, damages, costs and expenses, and including third-party claims) that arise out of or relate to: (a) the Customer's breach of this Agreement or misuse of the Platform; (b) any Customer Content provided that infringes a third party's rights or violates law; or (c) any breach of privacy or data protection obligations by the Customer (for example, if the Customer fails to obtain necessary consents from attendees or provides personal data improperly). This indemnity is reduced to the extent the Claim results directly from SixSides' breach of this Agreement or its negligence. SixSides will promptly notify the Customer of any Claim and allow the Customer to control the defence and settlement of such Claim (provided that any settlement that imposes non-monetary obligations on SixSides or admits liability on SixSides' part shall require SixSides' prior written consent).

5. SixSides' Obligations and Service Commitments

SixSides will provide the Services in a professional manner and in accordance with the following commitments:

5.1 Provision of Platform: SixSides will make the Platform available to the Customer and authorised users for the Event as set out in this Agreement. The Platform will substantially conform to the features and specifications agreed upon, and SixSides will use reasonable care and skill in the configuration and delivery of the Platform for the Event. Prior to the Event, SixSides will work with the Customer to configure the Event app/Platform with the Customer Content and requested features. SixSides will timely implement any agreed customisations or configurations, and will notify the Customer once the Event app is ready for review or launch.
5.2 Support Services: SixSides will provide customer support to the Customer during the term of this Agreement. Standard support is available via email or an online support portal during SixSides' normal business hours (e.g., Monday to Friday, 9:00 am to 5:00 pm Australian Eastern Standard/Daylight Time, excluding public holidays). SixSides will use reasonable endeavours to respond to support queries within one business day. In addition, during the live Event dates, SixSides will provide or make available on-call support for critical issues that significantly impact the Platform's functionality for attendees (this may include after-hours or weekend support as needed while the Event is in progress). Support may consist of technical assistance, bug fixes, and guidance on using the Platform's features. The Customer will be provided with contact details for obtaining Event support.
5.3 Service Level and Uptime: SixSides will use commercially reasonable efforts to ensure the Platform is available for use by the Customer and attendees at least 99% of the time during the active Event period (from a reasonable time before the Event starts to the conclusion of the Event), excluding scheduled maintenance windows and downtime caused by factors outside SixSides' control. While SixSides cannot guarantee that the Services will be uninterrupted or error-free, it commits to minimising downtime. If unplanned outages or severe issues occur, SixSides will work to promptly restore service. SixSides will communicate any scheduled maintenance in advance and will endeavour to perform routine maintenance outside of critical Event hours. In urgent cases requiring immediate maintenance (for example, to fix a security vulnerability or resolve a critical bug), SixSides may perform emergency maintenance and will notify the Customer as soon as practicable of any significant service interruption.
5.4 Data Security: SixSides will implement and maintain industry standard security measures to protect the Customer's data and the personal information of Event attendees stored on the Platform. These measures include, but are not limited to: encryption of data in transit (e.g., via TLS/SSL) and encryption of stored data where appropriate, use of firewalls and access controls, regular security audits or assessments of the Platform, and best practice software development and operational procedures to safeguard against unauthorised access or data breaches. Event data will be hosted on infrastructure under SixSides' control in a location that is geographically appropriate for the Event, in order to ensure low-latency and reliable access. For Events held in Australia, data will be hosted in the AWS Sydney (ap-southeast-2) region. For Events held outside of Australia, data may be hosted in other global regions to optimise performance, while remaining under SixSides' administrative control and subject to comparable security standards. SixSides' security practices aim to comply with relevant standards and legal requirements to ensure data is stored and processed securely. The Customer acknowledges that, while SixSides follows best practices for security and will promptly address any identified vulnerabilities, no system is completely immune from risks. SixSides does not guarantee absolute security but confirms that it will promptly inform the Customer of any data breach involving Customer or attendee personal data that comes to SixSides' attention, and will cooperate with the Customer in any required notifications or remedial actions in accordance with applicable privacy laws.
5.5 Privacy and Compliance: SixSides will handle all personal information and Customer data in accordance with its Privacy Policy and applicable privacy laws. SixSides' Privacy Policy (which is incorporated by reference into this Agreement) describes the types of personal data collected, the purposes of processing, how data may be shared, and the measures taken to protect privacy. SixSides will only use personal information of the Customer's personnel, Event attendees, or other individuals that is provided or collected in the course of providing the Services for the purposes of delivering the Services or as otherwise permitted by this Agreement or the Privacy Policy. SixSides will not sell personal data or use it for marketing purposes unrelated to the Event without appropriate consent. If the Customer requires SixSides to comply with any additional data protection requirements (for example, under the EU GDPR or other international laws, if applicable to the Event), the parties will work together in good faith to enter into any required data processing addendum or agreement. SixSides agrees to assist the Customer, where reasonably possible, in responding to any individual's request to exercise their privacy rights (such as opt-outs or data access requests) regarding personal data stored on the Platform.
5.6 Confidentiality: SixSides will treat the Customer's Confidential Information with strict confidence. Any business or technical information disclosed by Customer that is marked as confidential or would reasonably be understood to be confidential (including Customer Content and non-public details about the Event) will not be used by SixSides for any purpose outside the scope of this Agreement, and will not be disclosed to any third party except to SixSides' personnel or sub-contractors who need the information to perform the Services (and who are bound by similar confidentiality obligations). SixSides will take reasonable steps to protect the Customer's Confidential Information from unauthorised use or disclosure. (The Customer likewise agrees to keep confidential any of SixSides' Confidential Information, such as non-public aspects of the SixSides platform or pricing arrangements, using the same care.) If disclosure of Confidential Information is required by law or court order, the party subject to such requirement must, to the extent legally permissible, give prompt notice to the other party and cooperate in any effort to limit or oppose the disclosure. The obligations of confidentiality survive the termination of this Agreement.
5.7 Platform Updates and Changes: SixSides continuously improves its Platform and may deploy updates, bug fixes, or new features from time to time. Where practical, SixSides will test any updates to ensure they do not adversely affect the Event's operation. If a significant Platform update is planned that could impact functionality during the Event, SixSides will either defer the update until after the Event or obtain Customer's approval before proceeding. SixSides reserves the right to make minor changes or improvements to the Services at its discretion (for example, to enhance security or performance), provided such changes do not materially reduce the core functionality being provided to the Customer for the Event.
5.8 Third-Party Services: The Platform may interoperate with or include integrations to third-party services (e.g., social media logins, map services, analytics tools, or other event-related services). SixSides will inform the Customer of any essential third-party services it uses or recommends. Some third-party services may have separate terms and conditions that apply to the Customer or end-users. The Customer is responsible for reviewing and ensuring compliance with any such third-party terms if it elects to enable or use those integrations (for example, if enabling a third-party sign-on or connecting an external ticketing system). SixSides is not responsible for the functionality or availability of third-party services not provided by SixSides, and use of such services is at the Customer's risk. However, SixSides will take reasonable steps to ensure that core third-party components it uses (such as cloud hosting by AWS, or notification services) are reliable and under appropriate contractual safeguards (including data protection terms) consistent with this Agreement.
5.9 Use of Anonymised Data: The Customer agrees that SixSides may collect and use data and metrics related to the use and performance of the Platform in aggregate or anonymised form for legitimate purposes such as analytics, service improvements, and internal reporting. For example, SixSides might track overall usage patterns, feature adoption, feedback response rates, or other statistical information across events to improve its product and services. Any such data will not include any personally identifiable information or Confidential Information of the Customerin a form that identifies the Customer or any individual. SixSides will not disclose any Event-specific data to third parties except in aggregated or anonymised form (e.g., "average attendee engagement rates") or as needed to provide the Services to the Customer. This Clause survives termination of the Agreement, but any ongoing use of data will remain subject to the confidentiality and privacy protections stated here.

6. Intellectual Property Rights

6.1 SixSides IP Ownership: The Customer acknowledges that SixSides (and/or its licensors) owns and retains all rights, title, and interest in the SixSides Platform, Services, and SixSides IP. Except for the limited rights expressly granted to the Customer under this Agreement, nothing in this Agreement transfers any Intellectual Property Rights or ownership in the Platform or underlying software to the Customer. All materials, code, technology, know-how, processes and improvements comprising the Services or developed by SixSides in the course of providing the Services (including any configurations or customisations made for the Event, and any general enhancements or bug fixes) are and shall remain the property of SixSides. The Customer must not remove or alter any copyright, trademark or proprietary notice on the Platform or related documentation.
6.2 Customer Content Ownership: As between the parties, the Customer retains all Intellectual Property Rights in and to the Customer Content (including any logos, trademarks, attendee data, or original content provided by the Customer or generated by users during the Event). SixSides does not claim ownership of Customer Content. Upon conclusion of the Event and/or upon termination of this Agreement, and upon the Customer's request, SixSides will make available to the Customer any remaining Customer Content or Event data in SixSides' possession in a commonly readable format (for example, exporting attendee lists, feedback results, etc.), and thereafter, to the extent practicable, will delete or destroy any personal data or Customer Confidential Information in its systems, except to the extent that SixSides is required to retain such data by law or for legitimate business record-keeping (in which case SixSides will continue to protect the confidentiality of that data). Use of the Customer's trade marks or logos by SixSides is only permitted as set out in Clause 4.6 (Marketing and References) or as otherwise expressly authorised by the Customer.
6.3 Licence to Use Platform: Subject to the terms of this Agreement and the Customer's payment of all applicable Fees, SixSides grants the Customer a limited, non-transferable, non-sublicensable, revocable (upon termination) licence to access and use the SixSides Platform and Services for the sole purpose of hosting and managing the Customer's Event. This licence allows the Customer's staff and authorised users to input data, configure Event pages, and allow Event attendees to use the Event app or platform for networking and engagement during the Event. The Customer must not use the Platform for any other events or purposes not covered by this Agreement without SixSides' prior written consent. No license is granted to any source code or software of SixSides except as needed to access the hosted service.
6.4 Feedback and Event-specific Enhancements: If the Customer provides any suggestions, feedback or requests for improvements to SixSides (for example, ideas to improve features or custom functionality requested for the Event), SixSides may use and implement such feedback at its discretion. The Customer acknowledges that any enhancements or modifications to the Platform, even if inspired or suggested by Customer's feedback or made specifically for the Customer's Event, will be owned by SixSides and may be made available to other customers as part of SixSides' standard offering (unless otherwise agreed in writing that a particular customisation will be exclusive to the Customer). This ensures that SixSides can continuously improve its product for the benefit of all clients. SixSides agrees that it will not publicly attribute feedback or suggestions to the Customer without permission.
6.5 IP Warranty: SixSides warrants that to the best of its knowledge, the Platform as provided and used in accordance with this Agreement does not infringe the Intellectual Property Rights of any third party. In the event of a third-party claim that the Services or Platform infringe their rights, SixSides will indemnify the Customer against any resulting direct liability or reasonable expenses (including reasonable legal fees) arising from such claim, provided that the Customer promptly notifies SixSides of the claim, allows SixSides to control the defence and settlement of the claim, and cooperates fully with SixSides. SixSides may, at its option, modify the Platform or Services to be non-infringing, procure a licence for continued use, or if those options are not commercially feasible, terminate the Services and refund any prepaid fees for the unused portion of the Services. This Clause states SixSides' sole liability, and the Customer's exclusive remedy, for any third-party intellectual property infringement claims regarding the Services.
6.6 Wrapped Video Content: Where SixSides provides automatically generated videos (including but not limited to highlight reels, event recaps, or "wrapped" summaries using attendee or session data), SixSides retains all Intellectual Property Rights in the underlying video generation tools, templates, animations, and creative assets. The Customer retains ownership of any data or media (e.g. logos, photos, speaker content) provided by the Customer or its users and included in such videos. SixSides reserves the right to include discreet branding, such as the SixSides logo and website URL, within or at the end of these videos. The Customer may not remove or obscure this branding unless otherwise agreed in writing. The Customer is granted a non-exclusive, royalty-free licence to use the generated videos for internal purposes, public sharing, or Event promotion, provided SixSides' branding remains intact.

7. Data Security and Privacy

(Note: Clause 7 overlaps partially with the earlier security and privacy commitments in Clause 5.4 and 5.5. It is intended to reinforce key points and ensure clarity around data handling obligations.)

7.1 Data Hosting and Location: All Customer and Event data (including personal information of users) that is stored by SixSides as part of the Services will be hosted on secure servers located in Australia (specifically, in the AWS Sydney region data centers). SixSides will not transfer Customer's stored data outside of Australia except with Customer's consent or as necessary to provide the Services (for example, if using a content delivery network or email service that might route data internationally, SixSides will ensure such providers meet adequate data protection standards).
7.2 Security Practices: SixSides employs administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Customer data. These safeguards include access controls restricting who at SixSides can access Customer data (only personnel who need access to support the Event), encryption technologies, regular backups of data, and monitoring for security incidents. SixSides maintains a disaster recovery and business continuity plan designed to recover critical systems in the event of a major incident. Encryption: All web traffic between end-users and the Platform is protected via SSL/TLS encryption. Sensitive personal data and credentials are encrypted at rest in the database. SixSides regularly updates its software and third-party libraries to address security vulnerabilities and adheres to standard patch management practices.
7.3 Privacy Compliance: SixSides acknowledges that some of the data processed on behalf of the Customer may include personal information about identifiable individuals (such as Event attendees or staff). In processing such data, SixSides will act as a service provider to the Customer and will: (a) process personal information only on the documented instructions of the Customer (as set out in this Agreement or as otherwise agreed), and for the purposes of performing the Services and improving the Platform (as described in Clause 5.9 regarding anonymised usage data); (b) not disclose personal information to any third party except as needed to provide the Services (such as cloud infrastructure or notification delivery providers) or as required by law; and (c) take reasonable steps to assist the Customer in responding to any obligations to data subjects or regulators (for example, assisting with handling of access or correction requests, or data breach notifications, as appropriate). SixSides is also subject to obligations under the Australian Privacy Act and will abide by the Australian Privacy Principles in its handling of personal information.
7.4 Data Breach and Incident Response: In the unlikely event that SixSides becomes aware of any unauthorised access to or disclosure of Customer data (including any personal information) stored on the Platform – i.e., a security breach – SixSides will promptly investigate and take steps to mitigate the issue. SixSides will notify the Customer without undue delay of any confirmed data breach which is likely to impact the Customer or its users, providing relevant details of the nature and scope of the breach and the actions being taken to address it. SixSides will cooperate with the Customer in good faith to fulfil any legal obligations the Customer may have to notify affected individuals or authorities, and to further investigate and remediate the incident. Both parties agree to coordinate in advance any public communications or notices required (unless urgent action is required by law).
7.5 Data Retention and Deletion: SixSides will retain Customer data (including personal information collected during the Event) for the duration of this Agreement. After the conclusion of the Event, SixSides will retain the data for a reasonable period to allow the Customer to export or retrieve needed information (for example, keeping the Event app content accessible for a few weeks post-Event for attendees, or retaining attendee engagement data for the Customer's analysis). Beyond that period, SixSides will not retain personal information from the Event longer than is necessary for the purposes of this Agreement, except as required for legal compliance or legitimate business purposes (such as backup archives or audit logs). Upon the Customer's request, SixSides will delete or anonymise personal data associated with the Event, to the extent technically feasible, except where retention is required by law or for the establishment, exercise, or defence of legal claims. Any anonymised aggregate data (which no longer identifies individuals or the Customer) may be retained by SixSides as part of its business analytics.
7.6 Privacy Policy and Terms of Service: The Customer acknowledges that in addition to this Agreement, end-users (like Event attendees using the mobile app) may be subject to SixSides' end-user terms or policies when they download or use the app. SixSides will ensure that its Terms of Service and Privacy Policy are readily accessible to users and that they adequately inform users how their data will be handled. If there is any conflict between this Agreement and SixSides' standard Terms of Service or Privacy Policy with respect to the obligations between SixSides and the Customer, the terms of this Agreement shall prevail (as this Agreement governs the relationship). The Customer agrees that it will not do or omit to do anything that would put SixSides in breach of its Privacy Policy or applicable privacy laws, and SixSides agrees likewise to uphold the promises in its Privacy Policy in performing this Agreement.

8. Confidentiality

8.1 Non-Disclosure: Each party (the receiving party) must keep the Confidential Information of the other party (the disclosing party) strictly confidential and must not disclose it to any third party or use it for any purpose except as necessary to perform its obligations or exercise its rights under this Agreement. Confidential Information shall be used by the receiving party only for purposes related to this Agreement. For clarity, SixSides' Confidential Information includes the technical details of the Platform and any non-public aspects of SixSides' pricing or business strategies; the Customer's Confidential Information includes all non-public information provided by Customer about its business, the Event, and any personal or sensitive data entrusted to SixSides.
8.2 Permitted Disclosures: Notwithstanding the above, a receiving party may disclose Confidential Information of the disclosing party: (a) to those of its employees, officers, agents, contractors, or advisors who need to know such information for the purposes of this Agreement, provided they are bound by confidentiality obligations no less stringent than those in this Clause; (b) with the disclosing party's prior written consent; or (c) if required by law, court order, or any governmental or regulatory authority, provided that, to the extent legally permitted, the receiving party gives prompt written notice to the disclosing party of such requirement to allow the disclosing party an opportunity to seek a protective order or otherwise contest the disclosure. If Confidential Information is required to be disclosed, the receiving party will disclose only the minimum amount necessary to comply and will assert the confidential nature of the information to the authority.
8.3 Duration of Confidentiality: The obligations in this Clause 8 commence on the Effective Date (or earlier, if any Confidential Information was shared in anticipation of this Agreement) and will continue for a period of 5 years after the termination or expiration of this Agreement, or indefinitely with respect to trade secrets and personal information, as applicable under law. Each party remains responsible for any unauthorised disclosure by any person to whom it provided the other party's Confidential Information in accordance with this Agreement.
8.4 Return/Destruction: Upon termination of this Agreement (or earlier upon request), each party will, at the disclosing party's option, return or destroy (and certify destruction of) all Confidential Information of the other party in its possession or control, except where retention is required by law or where contained in routine backup archives (in which case the obligations of confidentiality hereunder shall continue to apply to such retained information).

9. Warranties and Disclaimers

9.1 Mutual Authority Warranty: Each party warrants that it has full power and authority to enter into this Agreement and to perform its obligations hereunder, and that doing so will not violate any other agreement to which it is a party.
9.2 SixSides' Warranties: SixSides warrants that the Services will be provided with due care, skill, and diligence, consistent with prevailing industry standards for services of a similar nature. SixSides further warrants that the Platform, when used as permitted and in accordance with the instructions, will materially perform as described in the provided documentation or specifications for the Event. If the Services fail to meet the foregoing warranty, SixSides' sole obligation (and the Customer's exclusive remedy) is for SixSides to use commercially reasonable efforts to correct or re-perform the deficient Services, at no additional cost to the Customer, provided that the Customer notifies SixSides in writing of the deficiency in reasonable detail during the Event or within 30 days thereafter. If SixSides is unable to correct the deficiency within a reasonable time (not exceeding 30 days from notification), the Customer may be entitled to a pro-rata refund of fees corresponding to the deficient part of the Services, at SixSides' discretion. This warranty does not apply to the extent that any failure of the Services to perform is caused by Customer Content, third-party equipment or software (not provided by SixSides), or misuse of the Platform in violation of this Agreement.
9.3 No Other Implied Warranties: Except as expressly provided in this Agreement, and to the fullest extent permitted by law, the Services and Platform are provided on an "as is" and "as available" basis. SixSides disclaims all other warranties, guarantees or representations, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or arising from course of dealing or trade usage. The Customer acknowledges that software-based services can never be entirely free from defects or bugs, and that SixSides provides no warranty that the Services will be uninterrupted, error-free, or completely secure. The Customer assumes all responsibility for determining whether the Services meet its needs and for the results obtained from use of the Services. While SixSides will take reasonable steps, SixSides does not warrant that the Platform will operate in every combination of hardware or with every third-party service, or that any specific errors or discrepancies will be corrected (except as provided in the limited warranty above). The Customer also acknowledges that availability of the Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and SixSides is not responsible for any delays or failures beyond its reasonable control.
9.4 Australian Consumer Law: Nothing in this Agreement is intended to exclude, restrict or modify rights which the Customer may have under any Non-Excludable Conditions (including certain provisions of the Australian Consumer Law (ACL), if applicable) that cannot be lawfully excluded. If the ACL or any other law implies a guarantee, condition or warranty into this Agreement in respect of goods or services supplied, and SixSides is not permitted by law to exclude it, then to the extent permitted by law SixSides' liability for any breach of such non-excludable guarantee, condition or warranty is limited (at SixSides' option) to supplying the services again, or payment of the cost of having the services supplied again (for goods, to replacing or repairing the goods, or supplying equivalent goods). The Customer warrants that it is acquiring the Services for the purposes of a business and agrees that the statutory consumer guarantees under the ACL may not apply. However, this Agreement will be read subject to any mandatory consumer rights.

10. Limitation of Liability

10.1 Cap on Liability: To the maximum extent permitted by law, and subject to any Non-Excludable Conditions (as described in Clause 9.4 above), the total aggregate liability of SixSides to the Customer arising out of or in connection with this Agreement or the Services (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall not exceed the total Fees actually paid (or payable) by the Customer to SixSides under this Agreement. If no Fees were paid (for example, in a trial scenario), SixSides' liability shall be limited to AUD $100. This cap on liability applies in aggregate to all claims during and after the Term of the Agreement, meaning it is the overall maximum for all incidents or breaches.
10.2 Exclusion of Indirect Loss: In no event will either party be liable to the other for any indirect, consequential, special, incidental or punitive loss or damage of any kind, even if advised of the possibility of such damages or if such damages were reasonably foreseeable. The excluded losses and damages include, without limitation: loss of profit, loss of revenue, loss of business or opportunity, loss of goodwill or reputation, business interruption, loss of anticipated savings, loss or corruption of data, and the cost of procurement of substitute services. For the avoidance of doubt, any damages that are not direct and immediate result of a breach, but rather stem from consequential effects, are excluded to the fullest extent permitted by law. Each party agrees to mitigate any losses it incurs.
10.3 Exceptions to Limitations: The limitations and exclusions of liability in this Agreement do not apply to the extent they are prohibited by law or to the following matters: (a) either party's liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation; (b) the Customer's obligation to pay Fees due (unpaid Fees owed to SixSides are not limited by the cap); (c) the Customer's indemnification obligations under Clause 4.7 (indemnity for third-party claims, which shall be uncapped to the extent of third-party liabilities); and (d) any breach of confidentiality or violation of intellectual property rights by a party, which may be subject to equitable relief and full damages as allowed by law. However, to the extent that any loss or damage is contributed to by the negligence or wrongdoing of the party suffering the loss (or its agents), the liability of the other party will be reduced proportionally.
10.4 Sole Remedy: Except for any remedies that cannot be limited by law, the parties acknowledge that the remedies expressly provided in this Agreement (such as the warranty remedy in Clause 9.2 and any service credits or refunds expressly agreed) are the Customer's sole and exclusive remedies for any claims related to the Services. Any Claim or cause of action the Customer may have arising out of or related to this Agreement must be brought within one (1) year after the cause of action arose, otherwise it is irrevocably waived.

11. Termination and Cancellation

11.1 Term: This Agreement commences on the Effective Date and continues until the completion of the Event and any post-Event services, unless earlier terminated in accordance with this Clause 11. The natural expiry (end) of the Agreement will occur after the Event is concluded and obligations (such as data export or post-event support) are fulfilled. The Parties may also mutually agree in writing to terminate the Agreement at any time.
11.2 Termination for Convenience: Prior to the scheduled Event date, either party may terminate this Agreement for convenience (without needing to give a reason) by providing at least 30 days' written notice to the other party, provided that no such termination for convenience by the Customer shall entitle the Customer to any refund of Fees already paid, and any work in progress or costs incurred by SixSides up to the termination effective date shall be recoverable (if not already paid, SixSides may issue a final invoice for work performed). If the Customer gives notice of termination for convenience fewer than 30 days before the Event (or after project kickoff has occurred), SixSides reserves the right to charge the full project Fee as a cancellation fee. SixSides may also terminate for convenience with 30 days' notice, in which case SixSides will refund any portion of Fees for Services not delivered (for example, if SixSides were to withdraw before completing the project, which is an unlikely scenario outside of force majeure or breach by Customer).
11.3 Termination for Cause: Either party may terminate this Agreement immediately by written notice to the other if the other party commits a material breach of any term of this Agreement that is either incapable of remedy or (if capable of remedy) is not remedied within 14 days after receiving written notice detailing the breach and requiring its remedy. In addition, SixSides may terminate this Agreement or suspend Services immediately if the Customer fails to pay any amount due within 10 business days after written notice of non-payment, or if the Customer becomes insolvent, goes into liquidation or administration, or is otherwise reasonably believed by SixSides to be unable to pay its debts as they fall due. Termination for cause shall not prejudice any other rights or remedies of the terminating party.
11.4 Consequences of Termination: Upon termination or expiration of this Agreement for any reason: (a) SixSides will cease providing the Services, and may disable access to the Platform for the Event (except as needed to provide Customer access for data retrieval as noted below); (b) any outstanding invoices shall become immediately due and payable by the Customer (and in the case of termination by SixSides for Customer's breach, any unpaid Fees for work already performed or committed will be due, and in the case of termination by Customer for SixSides' breach, the Customer will owe Fees only for the portion of Services delivered up to termination); (c) each party shall promptly return or destroy the other party's Confidential Information as required by Clause 8.4; and (d) SixSides will, upon Customer's request, export or make available to the Customer the Customer Content and data from the Event that remains stored on the Platform (at the Customer's cost if any special effort is required for export). The Customer must request any data export within 30 days of termination; otherwise SixSides may delete the data in accordance with its data retention policy.
11.5 No Prejudice to Rights: Termination of this Agreement shall not affect any rights or liabilities that accrued prior to the effective date of termination. Clauses of this Agreement which by their nature are intended to survive termination (including but not limited to indemnities, confidentiality, limitation of liability, governing law, and any licences granted to SixSides to use anonymised data) will remain in effect after termination. If the Agreement is terminated, the Customer is still responsible for any use of the Platform by attendees or users that occurred prior to termination (for example, if termination occurs mid-Event, any liabilities arising from user content or interactions earlier in the Event remain the Customer's responsibility as set out in this Agreement).
11.6 Force Majeure: Neither party will be liable for any delay or failure to perform its obligations (except payment obligations) under this Agreement if such delay or failure is due to circumstances beyond its reasonable control. Such circumstances include, but are not limited to, acts of God, natural disasters, war, civil commotion, acts of terrorism, epidemic or pandemic, government restrictions, labour disputes (excluding those involving the affected party's own staff), failure or delay of suppliers, or utility or communications failures ("Force Majeure Event"). The party affected by a Force Majeure Event must promptly notify the other party of the event and use its best efforts to resume full performance as soon as possible. If a Force Majeure Event continues for a prolonged period (e.g., more than 60 days) such that the Event is cancelled or either party cannot meet its obligations, the parties will discuss appropriate arrangements, which may include termination of the Agreement by mutual consent. If the Event itself is cancelled due to a Force Majeure Event, SixSides will reasonably apportion any refundable part of the Fees taking into account work already performed and non-recoverable costs, in good faith consultation with the Customer.

12. General Provisions

12.1 Governing Law: This Agreement is governed by the laws in force in the State of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia with respect to any dispute or claim arising out of or in connection with this Agreement. The parties agree not to argue that Queensland is an inconvenient forum.
12.2 Entire Agreement: This Agreement (including any schedules or appendices and documents incorporated by reference, such as the Privacy Policy) constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions, negotiations, understandings or agreements (written or oral) relating to that subject matter. Each party acknowledges that in entering into this Agreement, it has not relied on any representation or warranty not expressly set out in this Agreement. No amendment to this Agreement will be effective unless in writing and signed by both parties (email is acceptable for minor operational changes, but any amendment to key terms must be formally agreed).
12.3 Assignment: The Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of SixSides (such consent not to be unreasonably withheld). SixSides may assign or novate this Agreement in connection with a reorganisation, merger, or sale of its business or assets, or to an affiliated company, by providing notice to the Customer, provided that the assignment will not reduce the guarantees provided to the Customer under this Agreement. Subject to the foregoing, this Agreement will bind and benefit the parties and their respective permitted successors and assigns.
12.4 Subcontracting: SixSides may subcontract parts of the Services (for example, use independent developers or cloud infrastructure providers), but will remain fully responsible for the performance of any subcontracted obligations. SixSides will ensure any subcontractors are bound by confidentiality and data protection obligations consistent with this Agreement. The Customer's consent is not required for standard subcontracting (e.g., hosting on AWS, or hiring contractors for development), but SixSides will be liable for their acts and omissions as if they were SixSides' own.
12.5 No Partnership or Agency: Nothing in this Agreement is intended to create a partnership, joint venture, or agency relationship between the Customer and SixSides. SixSides is performing its obligations as an independent contractor. Neither party has the authority to act for, bind, or incur any obligation on behalf of the other party (except as expressly provided otherwise in this Agreement).
12.6 No Waiver: A failure or delay by either party to exercise any right or remedy provided under this Agreement or by law does not constitute a waiver of that (or any other) right or remedy. A waiver is only effective if in writing and applies only to the specific instance for which it is given. A single or partial exercise of any right or remedy does not prevent further exercise of that or any other right or remedy.
12.7 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will (to the extent necessary) be severed from the Agreement and the remaining provisions will remain in full force and effect. The parties shall negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that, as closely as possible, achieves the intended commercial result of the original provision.
12.8 Notices: Any formal notice or other communication given under this Agreement must be in writing and delivered to the relevant party's address or email as set out in the signing page or Order Form (or as later notified in writing). Notices will be deemed given: (a) if delivered by hand or courier, on the date of delivery; (b) if sent by prepaid post within Australia, 2 business days after posting (or 7 business days if international); or (c) if sent by email, at the time the email is sent, provided no bounce-back or error message is received, and if sent outside normal business hours, then at 9am on the next business day at the recipient's location. Routine operational communications (such as support requests) may be sent by ordinary email to the usual SixSides contact.
12.9 Costs: Each party will bear its own costs in relation to the preparation and execution of this Agreement. Any stamp duty or registration fees payable on this Agreement (if applicable) shall be paid by the Customer.