Terms of Service

Last updated: 26 May 2026

These Terms of Service (“Terms”) govern your access to and use of the Pulseware service (the “Service”), available at www.pulseware.com.au, operated by Pulseware (“we”, “us”). By creating an account or using the Service, you agree to these Terms.

1. The Service

Pulseware is an online tool for creating, sharing, and analysing surveys. We provide the Service on an as-is, best-effort basis. We may change, add, or remove features without notice; we will give reasonable notice of changes that materially reduce functionality on a paid tier.

2. Accounts

You are responsible for keeping your account credentials secure and for all activity under your account. You must be at least 16 years old (or the digital-consent age in your jurisdiction). You may delete your account at any time.

3. Acceptable use

You agree not to use Pulseware to:

• send spam, deceptive, or unsolicited survey invitations;
• collect personal or sensitive information without a lawful basis and the respondent’s informed consent;
• host content that is illegal, harassing, hateful, defamatory, or infringes someone’s rights;
• attempt to access another customer’s data, or interfere with the operation of the Service;
• reverse-engineer, scrape, or impose disproportionate load on the Service.

We may suspend or terminate accounts that breach this section, with or without notice depending on severity.

4. Your content

You retain ownership of the surveys you create and the response data your respondents submit (“Customer Content”). You grant us a worldwide, non-exclusive licence to host, store, and process Customer Content solely to provide and improve the Service. We do not use Customer Content to train AI models without your explicit, per-survey opt-in.

5. Respondent data

When respondents submit answers to a survey you publish, you are the controller of that data. You must (a) tell respondents what you’re collecting and why, (b) comply with applicable privacy laws (including the Australian Privacy Act 1988 and the GDPR where relevant), and (c) honour respondent rights of access, correction, and deletion.

6. Pulseware’s IP

The Service, our brand, the Pulseware name and logo, and our underlying software are owned by us. These Terms grant you a limited, revocable, non-exclusive licence to use the Service — nothing more.

7. Fees and billing

The Free tier is provided at no charge, subject to the limits on the pricing page. Paid tiers (when launched) are billed in advance. Subscriptions auto-renew unless cancelled before the next billing date. We do not refund unused time on a cancelled subscription unless required by law.

8. Availability

We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance, third-party outages, and circumstances beyond our reasonable control may cause downtime.

9. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or that it will meet your specific requirements.

10. Liability cap

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service in any 12-month period is capped at the amount you paid us for the Service in that period (or, for Free-tier customers, AUD $100). Neither party is liable for indirect, incidental, or consequential loss, including lost profits or lost data, except where required by law (including the non-excludable consumer guarantees under the Australian Consumer Law).

11. Termination

Either party may terminate at any time. On termination, your access to the Service ends and we will delete Customer Content within a reasonable period (typically 30 days), subject to legal record-keeping obligations. You can export your data via CSV before termination.

12. Changes to these terms

We may update these Terms from time to time. Material changes will be communicated by email or an in-product notice with at least 14 days’ notice where reasonable. Continued use after the effective date constitutes acceptance.

13. Governing law

These Terms are governed by the laws of Victoria, Australia. The courts of Victoria have exclusive jurisdiction over any dispute, unless a mandatory consumer-protection law in your jurisdiction provides otherwise.

14. Contact

Questions about these Terms can be raised through the dashboard once you have a Pulseware account.