Terms of Service

These terms form an agreement between [legal entity name] (ABN [ABN]) (“Pursiva”, “we”, “us”) and the organisation issued a registration key to use the Pursiva platform (“you”, “the Customer”).

Pursiva is business software supplied to organisations. It is not offered to consumers for personal or domestic use. By creating a workspace or signing in, you accept these terms on behalf of your organisation and confirm you are authorised to do so.

Pursiva is a hosted platform for developing and managing sales opportunities: lead and site capture, qualification, costing, proposal generation, reporting and related workflow. We grant you a non-exclusive, non-transferable right to use it for your own internal business purposes for as long as this agreement is in force.

Some capabilities are supplied as separately enabled modules or custom add-ons. Where a module has been built specifically for you, any additional terms agreed in writing for that work apply alongside these terms and prevail over them to the extent of any inconsistency.

Access is granted through a registration key carrying a seat limit and a set of enabled modules. You are responsible for who you invite, for keeping credentials secure, and for everything done under your users’ accounts. Accounts are personal to an individual and must not be shared between people.

Tell us promptly at [support email] if you believe an account has been compromised.

You own everything you put into Pursiva — your opportunities, accounts, contacts, notes, pricing, proposals, uploaded files and configuration (“Customer Data”). We claim no ownership of it.

You grant us only the permission we need to run the service for you: to host, store, back up, transmit and display Customer Data, and to process it to provide the features you use. We do not sell Customer Data, and we do not use it to train machine-learning models.

You are responsible for having the right to put that data into the platform in the first place, including any personal information about your own customers and contacts. How we handle it is described in the Privacy Policy.

You must not, and must not permit anyone else to:

• use the platform unlawfully, or to store or transmit unlawful or infringing material;
• attempt to access another customer’s workspace or data, or probe, scan or test the security of the platform without our written consent;
• reverse engineer, copy or resell the platform, or use it to build a competing product;
• exceed your seat allocation, or share access with organisations outside your own;
• upload malicious code, or interfere with the platform’s operation or availability.

We may suspend access immediately where continued use presents a security risk, threatens the platform’s stability, or is unlawful. Where circumstances allow we will tell you first, and we will restore access once the issue is resolved.

We aim to keep Pursiva available continuously, but we do not commit to a specific uptime figure unless one has been agreed with you separately in writing. Maintenance, third-party outages and factors outside our control can interrupt the service.

The platform is actively developed and features change. We will not remove a feature you depend on without reasonable notice, and we will not make a change that materially reduces the core functionality of the service during a period you have paid for.

Support is provided by email to [support email] during Australian business hours.

Fees, billing frequency and seat counts are as set out in the written quote, order form or invoice agreed with you. Unless stated otherwise there, invoices are payable within 14 days, and amounts are in Australian dollars and exclusive of GST.

Where a plan includes usage-based elements such as AI credits, those are consumed as used and are non-refundable once consumed.

Pursiva relies on third parties to operate: hosting, transactional email, address lookup and, for the optional AI features, language-model providers. Optional integrations you choose to connect, such as a Google or Microsoft calendar, are governed by your agreement with that provider as well as this one. The current list is in the Privacy Policy.

AI-assisted output is generated by a language model and can be wrong. It is a drafting aid and a prompt for judgement, not advice, and you remain responsible for reviewing anything you send to a customer.

Each of us may learn confidential information about the other. Each of us will use it only to perform this agreement, protect it with at least reasonable care, and disclose it only to people who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the recipient, was already known, or must be disclosed by law.

We own the platform, its software, design and documentation, and any improvements to it, including improvements suggested by you. Feedback you give us may be used freely and without obligation. You own your Customer Data and the documents you create with the platform, such as your proposals.

We warrant that we will provide the service with due care and skill. Beyond that, and to the extent the law permits, the platform is provided “as is” and we exclude all other warranties.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, that cannot lawfully be excluded. Where our liability for failing to comply with such a guarantee can be limited, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

Subject to section 11, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss of business opportunity.

Subject to section 11, our total aggregate liability arising out of or in connection with this agreement is limited to the fees you paid us in the 12 months before the event giving rise to the liability.

These limits do not apply to your obligation to pay fees, to either party’s breach of confidentiality, or to liability that cannot be limited by law.

This agreement runs until terminated. Either party may terminate for convenience on 30 days’ written notice, or immediately if the other party commits a material breach and does not remedy it within 14 days of being asked to.

While your workspace is active you may request an export of your data at any time, and we will provide it in a machine-readable format within 30 days. On termination you have 30 days to make that request; after that we delete or irreversibly anonymise Customer Data within a further 60 days, except where we must retain it by law. Backups age out on their own cycle.

We may update these terms as the product and the law change. For material changes we will give at least 30 days’ notice by email to your workspace administrators. If a material change is unacceptable to you, you may terminate before it takes effect and we will refund any fees covering the unused remainder of your term.

This agreement is governed by the laws of [state or territory], Australia, and each party submits to the non-exclusive jurisdiction of its courts. Neither party may assign this agreement without the other’s consent, except to a purchaser of substantially the whole of its business. If any provision is unenforceable, the rest stands. Neither party is liable for delay caused by events genuinely outside its control.

[legal entity name]
[registered address]
[support email]