Legal

Privacy policy and terms of service.

Draft for legal review. Combined Privacy Policy and Terms of Service v1.0, published in draft form ahead of public launch. Will be reviewed by legal counsel and reissued as final before launch (mid-2026). Substantive changes between this draft and the final document will be summarised in a change log on this page.

This page combines the Icarus Privacy Policy and Terms of Service into a single document for v1.0. Where a term has a precise legal meaning, that meaning is taken from the Australian Privacy Principles (APPs) and applicable Australian law unless explicitly defined otherwise. The Icarus operating entity is Icarus Data Exchange Network (IDEN), a wholly-owned subsidiary of UmbrellaNET.

Part A — Privacy policy

A.1 Who we are

The data controller for the purposes of this Policy is Icarus Data Exchange Network (IDEN), trading as Icarus, a wholly-owned subsidiary of UmbrellaNET. References in this Policy to "Icarus", "we", "us", and "our" mean IDEN.

A.2 What we collect

We collect three categories of personal information.

  • Account information. Name, business email address, business postal address, phone number where you provide one, and the role you hold within your organisation. We collect this when you create an account, submit a contact form, apply to the partner programme, or respond to a sales or engineering enquiry.
  • Billing information. Billing address, tax identifiers (e.g. ABN), and payment instrument details. Payment instruments are processed by our payment processor; we do not store complete card or bank details on our own systems.
  • Usage information. Log data associated with your use of the portal and the IaaS platform — IP address, session metadata, audit-log entries for actions you take, and resource utilisation associated with your account. We collect this for service delivery, security, and billing purposes.

We do not collect sensitive information (as defined under the APPs) in the ordinary course of operating the service. If a workload you run on the platform causes you to provide sensitive information, that information is your data, not ours, and our handling of it is governed by Part B (Terms of Service) and your separate contractual arrangements with us.

A.3 How we use it

We use personal information for five purposes only.

  • Provisioning. Creating, configuring, and operating the services you have requested.
  • Billing. Issuing invoices, processing payments, and meeting our tax obligations.
  • Security. Protecting the platform from unauthorised access, fraud, and abuse.
  • Support. Responding to your support, sales, and engineering enquiries.
  • Service communications. Operational notices about your account, the service, security incidents, and material changes to this document. We do not use account creation as a basis for unsolicited marketing email beyond service-related communications.

A.4 Where we store it

All personal information processed by Icarus is stored in Australia. We do not transfer personal information outside Australia in the ordinary course of operating the service. If a future change to our processing arrangements would require an offshore transfer, we will update this Policy and notify affected customers before the change takes effect.

A.5 How long we keep it

We retain personal information for as long as your account is active, plus the period required to meet our legal, tax, audit, and contractual obligations. Specific retention periods are documented in our internal records-management policy and shared on request. When the retention period ends, the information is securely deleted or de-identified.

A.6 Third parties

We share personal information only with two categories of third party in the ordinary course of operating the service.

  • Payment processor. Our payment processor receives the billing and payment-instrument information necessary to process your payments.
  • Carbon offset registry. Aggregated, non-personal usage information is shared with our carbon offset registry to substantiate the offset volumes purchased on the network's behalf. Personal information is not shared with the registry.

We do not sell personal information. We do not share personal information with advertising platforms.

A.7 Your rights

Under the Australian Privacy Principles you have the rights to:

  • Access the personal information we hold about you.
  • Correct information you believe is inaccurate or out of date.
  • Request deletion of information that is no longer required for the purposes for which it was collected.
  • Portability — receive a copy of personal information you have provided to us in a commonly used, machine-readable format.

To exercise any of these rights, contact us using the details in section A.9.

A.8 Cookies and analytics

We use a privacy-respecting analytics stack on the marketing site. Specific tools and their cookie behaviour are listed in the cookie banner; you can accept, reject, or selectively allow analytics cookies on first visit and at any time thereafter via the footer link.

A.9 Contact

To make a privacy enquiry, exercise your APP rights, or lodge a complaint, contact us via the form at /contact with the enquiry type "Privacy". The Privacy Officer for Icarus is reachable at the same address. Complaints not resolved to your satisfaction may be referred to the Office of the Australian Information Commissioner.

Part B — Terms of service

B.1 Agreement

These Terms of Service govern your use of the Icarus IaaS platform and the customer portal at my.icaruscloud.com.au. By creating an account, you agree to these Terms. If you are entering this agreement on behalf of an organisation, you represent that you have the authority to do so.

B.2 Acceptable use

You agree not to use the service for, or in connection with:

  • Cryptocurrency mining, except with explicit written pre-authorisation from Icarus. Unauthorised cryptocurrency-mining workloads will be terminated without notice and the account suspended.
  • Spam, unsolicited bulk communications, or abusive network behaviour, including denial-of-service activity and large-scale credential-stuffing.
  • Illegal content or activity under Australian law, including content that infringes intellectual property rights, content that constitutes child sexual abuse material, and activity that breaches sanctions or export-control regimes.
  • Activity that compromises platform security or integrity, including unauthorised access attempts, evasion of platform isolation controls, and use of the platform to attack other services.

We reserve the right to suspend or terminate accounts in breach of this section, and to cooperate with law-enforcement requests where required.

B.3 Service availability

Service availability commitments and the operative SLA wording are set out in the IaaS page and the customer-specific SLA included in your contract on sign-up. No SLA is created or modified by this section.

B.4 Payment

  • Currency. Charges are denominated in Australian dollars (AUD) and are GST-inclusive on every line item.
  • Cadence. Service is billed monthly, in arrears for usage and in advance for committed capacity, with invoices issued on the first business day of the following month.
  • Late payment. Invoices not paid within fourteen (14) days of issue may attract a late-payment fee at the rate published in your contract or, where no contract rate is specified, at a commercially reasonable rate consistent with Australian small-business practice. Continued non-payment may result in service suspension on notice.
  • Disputes. Billing disputes must be raised within thirty (30) days of invoice issue and are resolved as set out in section B.8.

B.5 Termination

  • By you. You may terminate your account at any time on thirty (30) days' written notice through the portal. Pro-rata charges apply for in-month cancellation. Founding-customer cohort terms may include alternative cancellation arrangements; where they apply, the cohort terms prevail.
  • By Icarus. We may terminate your account on thirty (30) days' written notice for any reason, or immediately for material breach of these Terms (including section B.2 acceptable use). Where we terminate for breach, no pro-rata refund applies.
  • Data on termination. On termination, we will make reasonable effort to enable export of your data for thirty (30) days, after which data is securely deleted in line with section A.5.

B.6 Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the service, in any twelve-month period, is capped at the fees paid by you to Icarus in the same twelve-month period. Neither party is liable to the other for indirect, consequential, or special damages, including loss of profit, loss of data, or loss of business opportunity. Nothing in this section excludes liability that cannot be excluded under Australian Consumer Law.

B.7 Governing law

These Terms are governed by the laws of Western Australia, and the parties submit to the exclusive jurisdiction of the courts of Western Australia for any dispute arising under them.

B.8 Dispute resolution

Before commencing legal proceedings, the parties agree to attempt good-faith resolution by direct discussion at the executive level for a period of thirty (30) days from written notice of dispute. Where the dispute is not resolved in that period, the parties may proceed to mediation under the Resolution Institute Mediation Rules before commencing court proceedings. This section does not prevent either party from seeking urgent injunctive relief.

B.9 Changes to these Terms

We may update these Terms from time to time. Material changes will be notified to account holders by email and posted on this page at least thirty (30) days before they take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

Version: v1.0 — effective from launch (mid-2026), subject to legal review before final issue.
Last updated: 27 April 2026.