Terms of Service

Public Pulse Pty Ltd (ACN 668 509 019, ABN 90 668 509 019) (“we”, “us”, “our”, “Company”) provides the Public Pulse platform and related services (“Service”) to you (“you”, “your”, “Customer”) subject to these Terms of Service (“Terms”).

By accessing, registering for, or using our Service at https://www.publicpulse.com/ or app.publicpulse.com (the “Platform”), you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to “you” include both you individually and the entity.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

1. Definitions

“Authorised User” means an individual who is authorised by the Customer to use the Service, for whom a subscription has been purchased.

“Customer Data” means all electronic data, content, and information submitted, uploaded, imported, or processed by Customer or Authorised Users into the Service, including constituent information and communications.

“Documentation” means the online user guides, documentation, and help and training materials provided by the Company.

“Intellectual Property Rights” means all patent rights, copyright, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence.

“Order Form” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between you and us.

“Subscription Term” means the period of your subscription to the Service as specified in your Order Form.

2. Access and Use of the Service

2.1 Licence Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Service solely for your internal business operations during the Subscription Term.

2.2 Use Restrictions

You shall not, and shall not permit any third party to:

• licence, sublicence, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Service available to any third party;
• modify, adapt, translate, or create derivative works based upon the Service;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code;
• use the Service in any manner that violates any applicable law or third-party rights;
• interfere with or disrupt the integrity or performance of the Service;
• attempt to gain unauthorised access to the Service or its related systems.

2.3 Account Security and Responsibilities

You are responsible for maintaining the confidentiality and security of your login credentials, all activities that occur under your account, and ensuring that your use of the Service complies with all applicable laws and regulations.

2.4 Suspension Rights

We reserve the right to suspend or limit your access to the Service if your account is overdue, your use poses a security risk, you are in breach of these Terms, or you are using the Service for fraudulent or illegal activities.

3. Customer Data

3.1 Ownership

As between the parties, you retain all right, title, and interest in and to the Customer Data. We obtain no rights from you to the Customer Data except for the limited licences granted in these Terms.

3.2 Licence to Host and Process

You grant us a worldwide, limited-term licence to access, use, process, copy, distribute, perform, export, and display Customer Data only to the extent necessary to provide, maintain, and improve the Service in accordance with these Terms.

3.3 Data Protection and Security

We will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data, as described in our Privacy Policy.

3.5 Data Export and Deletion

Upon termination or expiration of your subscription, and upon your written request made within 30 days, we will make available to you for download a file of your Customer Data. After such 30-day period, we may delete all Customer Data in our systems.

4. Artificial Intelligence

4.1 AI Features and Limitations

The Service includes features powered by Artificial Intelligence, including Large Language Models. You acknowledge that AI may produce outputs that are inaccurate, incomplete, biased, or inappropriate, and you are solely responsible for reviewing, verifying, and approving all AI-generated outputs before using or distributing them.

4.2 Ownership of AI Output

Subject to your compliance with these Terms, you own the output generated by the AI features for your specific inputs.

4.3 Training Data

We may use anonymised and aggregated usage data to improve our AI models and the Service. We will not use identifiable Customer Data to train general-purpose public AI models without your prior written consent.

5. Fees and Payment

You agree to pay all fees specified in your Order Form or subscription plan. All fees are quoted and payable in Australian Dollars (AUD). Payment obligations are non-cancellable and fees paid are non-refundable, except as required by law.

6. Confidentiality

Each party will protect the confidentiality of the other party’s Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

7. Intellectual Property

Subject to the limited rights expressly granted hereunder, we and our licensors reserve all right, title, and interest in and to the Service and Documentation, including all related Intellectual Property Rights.

8. Representations and Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

Each party will indemnify the other against third-party claims related to their respective obligations under these Terms.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law which cannot be excluded by agreement.

11. Term and Termination

Either party may terminate these Terms for cause upon 30 days’ written notice of a material breach if such breach remains uncured. Upon termination, your right to access and use the Service will immediately cease.

12. General Provisions

12.1 Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales.

12.11 Contact Information

For any questions, notices, or communications regarding these Terms, please contact us at:

Public Pulse Pty Ltd
Address: 81-83 Campbell Street, Surry Hills, NSW 2010, Australia
Email: legal@publicpulse.com
ABN: 90 668 509 019