Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites and services operated by Hamiware (ABN 55 224 152 641) (“Hamiware,” “we,” “us,” or “our”). They apply to www.hamiware.com (the “Website”) and to the PulseOwl service, including the application at app.pulseowl.dev, our APIs, and supported integrations (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.

1. Changes to These Terms

We may modify these Terms from time to time. Changes take effect when posted on the Website. For material changes, we will use reasonable efforts to notify you (e.g., email or in-product notice). Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

2. Eligibility & Accounts

  • Business use only (B2B); you represent that you are at least 18 and acting for a business.
  • You must maintain accurate account information and keep credentials secure. Accounts are single-user and must not be shared.
  • Authentication may be provided via third-party identity providers (e.g., Clerk). You authorise us to receive basic profile and identity data from your chosen provider as needed to operate the Service.

3. Privacy

Please review our Privacy Policy which explains how we collect, use, and protect personal information. By using the Service, you acknowledge that we will process information as described there.

4. Acceptable Use

You must not misuse the Service. For example, you must not:

  • Access the Service by any means other than our publicly supported interfaces, or attempt to bypass security or access unauthorised areas.
  • Introduce malware, perform denial-of-service attacks, or interfere with Service operation or other users.
  • Mine, scrape, or harvest data except as permitted by the Service or our written consent.
  • Infringe intellectual property or other rights, or use the Service in violation of law.
  • Use the Service to send spam or unlawful communications.

5. Intellectual Property & Feedback

  • The Service and materials we provide are owned by Hamiware or its licensors and are protected by law. No rights are granted except as expressly set out in these Terms.
  • You must not copy, modify, reverse engineer, or create derivative works of the Service except as permitted by law.
  • If you provide ideas, suggestions, or feedback, you grant Hamiware a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate them without restriction.
  • “Hamiware” and “PulseOwl” are identifiers of our business and service. You may not use our names, logos, or branding without prior written consent.

6. Third-Party Services & Integrations

The Service may interoperate with or rely on third-party services (e.g., cloud providers, identity providers, communications platforms, or documentation sources). We do not control third-party services and are not responsible for their acts, omissions, changes, outages, or data handling. Your use of third-party services is subject to their terms. We are not liable for failures caused by third-party services except to the extent we caused or contributed to the issue.

7. Pilot Terms

During any free pilot period, the Service is provided “as is” with no SLA and may change or be suspended at any time. To the maximum extent permitted by law, we exclude all warranties during the pilot and limit liability as set out in Section 12.

8. Fees & Payment (applicable when paid plans commence)

  • Fees (if and when introduced) will be billed monthly in advance in AUD via card through Stripe. Unless stated otherwise, prices are inclusive of applicable GST.
  • You may cancel at any time by emailing [email protected]. If you cancel a paid plan, we will refund any fees paid in advance for services not rendered for the remainder of the current billing period.
  • We may suspend the Service for non-payment after reasonable notice. Late or failed payments may result in suspension or termination under Section 10.

9. Website Access & External Links

Access to the Website is provided on a temporary basis and may be updated or withdrawn without notice. The Website may contain links to external sites we do not control. We are not responsible for and make no representations about those sites; your use of them is at your own risk and subject to their terms.

10. Suspension & Termination

  • We may suspend or restrict access immediately if we reasonably believe there is a security risk, unlawful activity, or material breach.
  • Either party may terminate for material breach if not cured within 15 days after written notice.
  • Upon termination, you must stop using the Service and remove any software or materials we provided that are installed in your environment.

11. Data Handling, Confidentiality & Deletion

  • Service Data. We may process configuration, telemetry, metadata, and other information you or your systems provide to operate, secure, improve, and support the Service, and to comply with law.
  • Confidentiality. Each party will protect the other’s non-public information using reasonable measures and use it only for purposes connected to the Service.
  • Deletion. If you request account closure, we will delete or de-identify Service Data within 48 hours of verifying the request, subject to our legal obligations to retain certain records.

12. Disclaimers & Limitation of Liability

  • No warranties (general). Except for any rights that cannot be excluded under the Australian Consumer Law or other non-excludable law (“Non-excludable Conditions”), the Service is provided “as is” and “as available”. We do not warrant the Service will be uninterrupted, error-free, or fit for your purpose.
  • Cap during pilot. During any free pilot period, and except for Non-excludable Conditions, our aggregate liability arising out of or in connection with the pilot is capped at AUD 500.
  • Cap during paid plans. During any paid period, and except for Non-excludable Conditions, each party’s aggregate liability in any 12-month period is capped at the fees you paid to Hamiware for the Service in that period.
  • Indirect loss excluded. To the extent permitted by law, neither party is liable for indirect or consequential loss, including loss of revenue, profits, goodwill, data, or business interruption.
  • ACL remedy. Where Non-excludable Conditions apply, our liability is limited to supplying the services again or paying the cost of having the services supplied again.

13. Indemnity (Customer)

You will indemnify Hamiware against third-party claims and costs to the extent arising from your unlawful use of the Service or content you provide that infringes third-party rights. This section does not limit your rights under Non-excludable Conditions.

14. Publicity

We may not use your name or logo in marketing or publicity without your prior written consent.

15. Linking to the Website

You may link to our home page in a fair and legal manner that does not damage our reputation or suggest endorsement. We may withdraw linking permission at any time.

16. Notices

Legal notices to Hamiware must be sent to [email protected].

17. Miscellaneous

  • Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Severability. If any provision is unenforceable, the remainder will remain in effect, and the unenforceable provision will be replaced with an enforceable one that most closely reflects the original intent.
  • No waiver. A failure to enforce a provision is not a waiver of that provision.
  • Entire agreement. These Terms and any referenced policies (including the Privacy Policy) form the entire agreement between you and Hamiware regarding the Service.

18. Governing Law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.