Terms of Service
Red Pulse Tech ("Red Pulse", "we", "us") · ABN [ABN] Effective date: [DATE] · Version 1.0 (draft)
These Terms govern your access to and use of the Red Pulse Essential Eight compliance platform — the cloud dashboard, the Red Pulse agent, and related services (the "Service"). By creating an account, installing the agent, or using the Service, you ("you", "Customer") agree to these Terms.
1. The Service
Red Pulse provides software that assesses your organisation's security posture against the ACSC Essential Eight maturity model and related controls, via a read-only on-client agent that collects configuration evidence and a cloud dashboard that scores and reports on it. Features include posture scoring, drift detection, Google Workspace and Shadow IT insights, evidence-pack export, and an AI assistant.
2. Accounts and licence keys
Access requires an account and a valid licence key, which identifies your organisation (tenant) and carries an expiry. You are responsible for keeping your licence key and account credentials secure. If a key is rotated or revoked, the previous key stops working immediately and you must update your agent configuration.
3. Licence grant
Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to use the Service and to install and run the agent within your own environment for your internal business purposes, for the licence term.
4. Your responsibilities — authorisation to scan
You must only deploy the agent in environments you own or are authorised to assess. You represent and warrant that you have all necessary rights and authority to permit Red Pulse to collect configuration and security evidence from the systems, tenants and accounts you connect (including Microsoft 365/Entra, Active Directory, endpoints, and Google Workspace). You are responsible for obtaining any internal approvals and for the credentials and service accounts you supply to the agent.
5. Acceptable use
You must not: use the Service against systems you are not authorised to assess; attempt to breach or test the security of the Red Pulse platform itself without written permission; reverse engineer, resell, or sublicense the Service except as permitted by law; or use it unlawfully.
6. Compliance assessment is informational — not a guarantee
The Service provides an assessment and reporting tool. Its outputs (maturity scores, findings, AI summaries, evidence packs) are informational and do not constitute a guarantee, certification, or assurance that your organisation is compliant with the Essential Eight, secure, or that it will satisfy any assessor, auditor, regulator, insurer or third party. Red Pulse is not an ASD-endorsed assessor, and use of the Service is not a substitute for professional security advice or formal assessment. You remain responsible for your own security and compliance decisions. [Confirm wording with counsel re: any IRAP/assessor representations.]
7. AI features
AI-generated summaries and assistant responses are produced by a third-party model (see Privacy Policy §6/§8) and may be inaccurate or incomplete. They are guidance only; verify before relying on them. Do not enter information in the assistant you do not wish to be processed by our AI sub-processor.
8. Fees
Fees, billing cycle and licence term are as set out in your order or subscription. [Insert fees/billing terms, renewal, and refund policy.] Late or non-payment may result in suspension or licence expiry.
9. Intellectual property
The Service, software, and all related IP remain owned by Red Pulse. Your data — your account information and the posture evidence collected from your environment — remains yours. You grant us the limited rights needed to operate and provide the Service (see Privacy Policy).
10. Confidentiality
Each party will protect the other's confidential information and use it only to perform under these Terms.
11. Data protection
Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms.
12. Warranties and disclaimers
We will provide the Service with reasonable care and skill. Except as required by law (including non-excludable guarantees under the Australian Consumer Law), the Service is provided "as is" and we exclude all other warranties, express or implied, including fitness for a particular purpose and that the Service will be error-free, uninterrupted, or will detect every issue. Where liability for a non-excludable guarantee cannot be excluded, our liability is limited (where permitted) to re-supplying the Service or paying the cost of re-supply.
13. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or loss of profits, revenue, data or goodwill. Our aggregate liability arising out of or in connection with the Service is limited to the fees you paid in the [12] months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.
14. Indemnity
You indemnify Red Pulse against claims arising from your breach of §4 (authorisation to scan) or §5 (acceptable use), or your unlawful use of the Service. [Review scope with counsel.]
15. Term and termination
These Terms apply while you use the Service. Either party may terminate as set out in your order or for material breach not remedied within [14] days. On termination, your licence ends; we will handle your data per the Privacy Policy and applicable retention period.
16. Changes
We may update these Terms; material changes will be notified via the dashboard or email and take effect on the stated date. Continued use constitutes acceptance.
17. Governing law
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
18. Contact
[legal@redpulse.net] · Red Pulse Tech, [address].