Terms and Conditions

Agreement to Terms

These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between Startupsmith Ltd (“Startupsmith”, “we”, “us”, “our”) and you (“User”, “you”) concerning your access to and use of the Phishies platform, website, and related services available at https://catchphishies.com (collectively, the “Service”).

By accessing or using the Service, creating an account, placing an order, or otherwise engaging with Phishies, you confirm that you are at least 18 years of age (or the legal age of majority in your jurisdiction), that you have read and understood these Terms, and that you agree to be legally bound by them. If you do not agree to these Terms, you must immediately stop using the Service.

We may amend these Terms from time to time. Material changes will be communicated via a notice on our website or by email where appropriate. Your continued use of the Service after any changes take effect constitutes acceptance of the revised Terms.

Definitions

• “Service” refers to the website https://catchphishies.com and all related features, products, content, and services operated by Phishies.
• “User” / “You” refers to any individual or entity accessing or using the Service.
• “Account” refers to a registered profile created by a User to access restricted features of the Service.
• “Content” refers to all text, images, audio, video, data, software, and other material available on or through the Service.
• “User Content” refers to any content uploaded, submitted, recorded, transmitted, or otherwise provided by users through the Service, including voice recordings, scripts, contact information, phishing templates, audio samples, and training content.
• “Transaction” refers to any purchase, subscription, or payment made through the Service.

User Accounts

To access certain features of the Service, you may be required to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your login credentials confidential and not share your password with any third party;
• Accept responsibility for all activity that occurs under your account;
• Notify us immediately at hello@catchphishies.com if you suspect unauthorised use of your account or a security breach.

Phishies may suspend or terminate your account where reasonably necessary to protect the Service, other users, comply with legal obligations, or where we reasonably believe that:

• account information is inaccurate;
• the account has been used in violation of these Terms; or
• the account poses a security, legal, or operational risk.

You may not create accounts using false identities or another person’s information. Accounts are non-transferable and may not be sold, shared, or assigned.

Payments and Pricing

Certain features of the Service require payment. By making a purchase, you agree to pay all applicable fees disclosed at the time of purchase. Unless otherwise stated, all prices are displayed in USD and exclude applicable taxes.

We use third-party payment processors to handle transactions. By submitting payment information, you authorise us and our payment processor to charge the applicable amounts to your payment method. We do not store full payment card details on our servers.

We may change pricing from time to time. Price changes will not affect existing billing periods already paid for. If subscription pricing changes, we will provide reasonable notice before the new pricing takes effect.

We reserve the right to refuse or cancel transactions where fraud, unauthorised activity, or abuse is suspected.

Subscriptions and Automatic Renewal

Some features of the Service are offered on a subscription basis. By subscribing, you agree that:

• Your subscription automatically renews at the end of each billing period unless cancelled before renewal.
• You authorise us to charge your payment method for recurring subscription fees.
• You may cancel your subscription at any time through your account settings or by contacting hello@catchphishies.com.
• Cancellation takes effect at the end of the current billing period.
• If a free trial is offered, billing will begin automatically at the end of the trial period unless cancelled beforehand.

We will provide notice of material subscription pricing changes before renewal where required by applicable law.

Refunds and Cancellation Policy

Our refund policy is as follows:

• Digital products and downloads are generally non-refundable once accessed or downloaded unless defective or materially different from their description.
• Subscription cancellations are not eligible for pro-rated refunds unless required by applicable law.
• If you receive a defective or materially misdescribed product or service, contact hello@catchphishies.com within 14 days of purchase.
• If you believe a billing error has occurred, we encourage you to contact us before initiating a chargeback so we can attempt to resolve the issue.

Nothing in these Terms limits any non-excludable rights or remedies available under applicable consumer protection laws.

Acceptable Security Testing Use

Phishies is designed for lawful cybersecurity awareness, phishing simulation, behavioural training, and related security testing purposes only.

By using the Service, you represent and warrant that:

• you have all necessary rights, permissions, authority, and consents to upload content, contact individuals, or conduct simulations using the Service;
• your use of the Service complies with all applicable laws, regulations, employment obligations, telecommunications laws, privacy laws, and recording consent requirements;
• you will not use the Service for fraud, harassment, intimidation, deception for unlawful purposes, impersonation for malicious purposes, or unauthorised surveillance;
• you will not use the Service to unlawfully impersonate emergency services, government agencies, financial institutions, or real individuals without authorisation;
• you are solely responsible for ensuring that any voice recordings, audio samples, scripts, contact lists, or training materials used with the Service are lawfully obtained and used.

We reserve the right to suspend or terminate accounts immediately where we reasonably believe the Service is being used unlawfully, abusively, fraudulently, or in a manner that may expose us or others to legal or reputational risk.

User Content

You retain ownership of your User Content.

By uploading or submitting User Content to the Service, you grant Startupsmith Ltd a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, transmit, and use the User Content solely for the purpose of operating, maintaining, improving, securing, and providing the Service.

You represent and warrant that:

• you own or have all necessary rights and permissions to provide the User Content;
• your User Content does not violate any law or third-party rights;
• your User Content does not contain malicious code or unlawful material.

We may remove or restrict User Content that we reasonably believe violates these Terms or applicable law.

Intellectual Property

All content on the Service that is not User Content — including text, graphics, logos, images, software, interfaces, and design elements — is owned by or licensed to Startupsmith Ltd and protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose.

You may not:

• copy, reproduce, or commercially exploit any portion of the Service;
• modify or create derivative works from the Service;
• scrape, crawl, or use automated means to extract data without written permission;
• reverse-engineer or attempt to access source code;
• remove proprietary notices or branding.

The Phishies name and branding are trademarks of Startupsmith Ltd.

AI-Generated Content Disclaimer

Certain features of the Service may use artificial intelligence or automated systems to generate outputs, behavioural evaluations, phishing simulations, summaries, or recommendations.

You acknowledge and agree that:

• AI-generated outputs may be inaccurate, incomplete, or inappropriate;
• outputs are provided for informational and training purposes only;
• you are responsible for reviewing and validating outputs before relying on them;
• Startupsmith Ltd does not guarantee the effectiveness, legality, or accuracy of any simulated phishing, behavioural assessment, or AI-generated content.

Third-Party Links and Services

The Service may contain links to or integrations with third-party websites, applications, or services. These are provided for convenience only.

We do not control or endorse third-party services and are not responsible for their content, policies, or practices. Your use of third-party services is governed by their own terms and policies.

Cookies and Tracking Technologies

Phishies uses cookies and similar technologies to operate and improve the Service, analyse usage, and support security and functionality.

Where required by applicable law, we will obtain consent before placing non-essential cookies.

You can manage cookie preferences through your browser settings or any consent tools provided on the Service.

Privacy Policy

Your use of the Service is also governed by our Privacy Policy, available at https://catchphishies.com/privacy.

The Privacy Policy explains how we collect, use, process, store, and disclose personal information.

By using the Service, you acknowledge that you have reviewed the Privacy Policy.

Prohibited Uses

You agree not to use the Service to:

• violate any applicable law or third-party rights;
• distribute malware or malicious code;
• attempt unauthorised access to systems or accounts;
• conduct unlawful phishing, fraud, impersonation, harassment, or deceptive activities;
• harvest personal data without lawful authority;
• interfere with the operation or security of the Service;
• use automated scraping or extraction tools without permission;
• transmit unlawful, defamatory, abusive, hateful, or obscene content.

Violation of these restrictions may result in suspension, termination, legal action, or referral to law enforcement.

Termination and Suspension

We may suspend, restrict, or terminate access to the Service where reasonably necessary to:

• enforce these Terms;
• protect the Service, users, or third parties;
• comply with legal obligations;
• investigate suspected fraud, abuse, or security incidents;
• address non-payment.

You may terminate your account at any time through your account settings or by contacting hello@catchphishies.com.

Upon termination, your right to use the Service ceases immediately.

Sections relating to intellectual property, liability limitations, indemnification, dispute resolution, and any provisions intended to survive termination will continue in effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• the Service will be uninterrupted or error-free;
• defects will be corrected;
• the Service will be secure or free from harmful components; or
• outputs or content generated through the Service will be accurate or reliable.

Nothing in these Terms excludes rights that cannot be excluded under applicable consumer protection laws.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARTUPSMITH LTD AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• the total amount paid by you to us during the 12 months preceding the claim; or
• USD $100.

Nothing in these Terms limits liability that cannot legally be excluded, including liability for fraud or rights arising under applicable consumer laws.

Indemnification

You agree to indemnify and hold harmless Startupsmith Ltd, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• your breach of these Terms;
• your unlawful use of the Service;
• your User Content;
• your violation of any law or third-party rights.

We may assume exclusive control of any matter subject to indemnification, and you agree to cooperate with our defence of such claims.

Dispute Resolution

Before initiating formal legal proceedings, you agree to first contact hello@catchphishies.com with details of the dispute.

We will attempt to resolve disputes informally within 30 days.

API Access and Developer Terms

If we provide APIs or developer tools, your use of them is subject to these Terms and any additional API documentation we provide.

You agree to:

• comply with published usage limits and restrictions;
• keep API credentials secure;
• not misuse APIs to replicate or compete with the Service;
• comply with all applicable laws when using API data.

We may modify or discontinue API access at any time.

Governing Law

These Terms and any disputes arising from them shall be governed by the laws of New Zealand.

You and Startupsmith Ltd submit to the exclusive jurisdiction of the courts of New Zealand.

Changes to These Terms

We may revise these Terms from time to time.

When material changes are made, we will update the “Last Updated” date and may provide notice through the Service or by email.

Continued use of the Service after updated Terms take effect constitutes acceptance of the revised Terms.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any incorporated policies, constitute the entire agreement between you and Startupsmith Ltd regarding the Service.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Failure to enforce any provision of these Terms is not a waiver of our rights.

Assignment

You may not assign your rights under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, internet outages, or failures of third-party infrastructure.

No Partnership

Nothing in these Terms creates a partnership, employment, agency, or joint venture relationship.

Contact Us

If you have any questions regarding these Terms, please contact:

• Website: https://catchphishies.com
• Email: hello@catchphishies.com
• Legal Entity: Startupsmith Ltd