Partner Program Agreement

This Partner Program Agreement (the “Agreement”) governs your participation in the baref00t.io Partner Program operated by Becloudsmart Pty Ltd (ABN 13 611 079 219) (“baref00t.io”, “we”, “us”). By ticking the acceptance box on the partner signup modal and completing payment, you (the “Partner”) enter into this Agreement on behalf of your organisation.

This Agreement supplements the baref00t.io Terms of Service and Privacy Policy. Where this Agreement conflicts with the general Terms of Service, this Agreement controls for your partner activities.

1. Grant of partner rights

Subject to your continued compliance with this Agreement, we grant you a non-exclusive, non-transferable, revocable right to:

• Resell baref00t.io assessments to your end customers under your branding.
• Apply your logo, footer text, brand colour, and contact email to assessment reports and customer-facing emails delivered through the baref00t.io platform.
• Use baref00t.io APIs and partner portal to onboard customers, trigger assessments, and access deliverables.
• Refer to your participation as a baref00t.io partner in your marketing, subject to clause 6.

2. Customer relationship + data handling

For each end customer the Partner brings to the platform:

• The end customer remains the data controller of their tenant data under GDPR / Australian Privacy Act / equivalent.
• The Partner acts as the customer’s data processor.
• baref00t.io acts as a sub-processor on the Partner’s behalf, processing tenant configuration data solely to produce the assessment requested by the Partner.
• The Partner is responsible for ensuring it has lawful authority and customer consent to engage baref00t.io as a sub-processor. The Partner must execute a Data Processing Addendum with the customer that names baref00t.io as a sub-processor before initiating any assessment.
• baref00t.io will provide a separate Data Processing Addendum (DPA) on request and will publish a sub-processor list at /privacy.

3. Fees + billing

Partner subscription fees are charged at the plan and currency selected at signup, billed monthly or annually as elected. Fees are non-refundable except where required by law. Pricing is subject to change with 30 days’ notice; existing subscriptions remain at their current price until renewal.

The Partner may set its own pricing for end customers. The Partner is solely responsible for invoicing, collecting, and remitting fees to its end customers, and for any taxes arising from those transactions.

4. Intellectual property

baref00t.io retains all rights, title, and interest in the assessment platform, methodology, report templates, scoring logic, and any modifications or derivatives. The Partner is granted a licence to use these materials solely as needed to deliver assessments to its customers, ending on termination of this Agreement.

The Partner may not reverse-engineer the platform, attempt to derive the source code or scoring logic, or build a competing service using baref00t.io’s assessment outputs.

5. Confidentiality + API key security

The Partner agrees to keep all API keys, partner credentials, and non-public technical information confidential. The Partner is responsible for any activity performed using its credentials, including misuse by employees or contractors. The Partner must rotate keys promptly on suspected compromise via the partner portal.

6. Marketing + branding rules

• The Partner may state that it is a baref00t.io partner and may use the baref00t.io word mark in factual statements (e.g. “Powered by baref00t.io”).
• Use of the baref00t.io logo for any other purpose requires our prior written consent.
• The Partner may not imply that baref00t.io endorses, supports, or warrants its services beyond what is stated in this Agreement.
• Customer wins may be referenced only with the customer’s explicit consent.

7. Warranties + disclaimers

baref00t.io warrants that the assessment platform will perform substantially as described in current product documentation. EXCEPT AS EXPRESSLY STATED, THE PLATFORM IS PROVIDED “AS IS” AND BAREF00T.IO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Assessment reports are point-in-time snapshots and are not a substitute for a formal security audit, penetration test, or IRAP assessment. The Partner is responsible for setting appropriate expectations with its end customers.

8. Mutual indemnity

The Partner indemnifies baref00t.io against claims arising from: (a) the Partner’s misrepresentation of baref00t.io’s services to end customers, (b) the Partner’s breach of clause 2 (data handling authority), or (c) the Partner’s failure to obtain required consents from its end customers.

baref00t.io indemnifies the Partner against third-party intellectual property claims arising from the Partner’s authorised use of the platform, capped at the fees paid by the Partner in the preceding 12 months.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party’s aggregate liability under this Agreement is limited to the fees paid by the Partner in the 12 months preceding the claim.

10. Term + termination

This Agreement begins on acceptance and continues for the term of the Partner’s subscription. Either party may terminate with 30 days’ written notice. baref00t.io may terminate immediately for material breach (including non-payment, security misuse, or breach of clause 2 or clause 6).

On termination:

• The Partner’s right to resell ends immediately.
• Existing assessment reports already delivered to end customers remain valid.
• End customers may continue to access reports through the customer portal independently of the Partner.
• baref00t.io may, at its option, contact the Partner’s end customers regarding continued service after a 30-day grace period.

11. Changes to this Agreement

We may publish revised versions of this Agreement. Existing partners will be re-prompted to accept the new version on next portal sign-in. Continued use of the platform after a version bump without acceptance is a breach.

12. Governing law

This Agreement is governed by the laws of Western Australia, Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.

13. Contact

All partner program enquiries and legal notices: partners@baref00t.io