Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Duskpulse Digital (ABN 62 216 896 168), an Australian sole trader operating from Brisbane, Queensland, Australia ("Duskpulse Digital", "we", "us", or "our"). These Terms govern your access to and use of our website located at https://www.duskpulsedigital.com, all software products we develop and distribute, all subscription services we operate, and any custom development services we provide. By accessing or using any Duskpulse Digital service, product, or platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

2. Definitions

"Service" refers to any service, product, platform, application, or website provided by Duskpulse Digital, whether accessed through a web browser, desktop application, Discord bot, or any other means. "Products" refers to desktop applications developed and distributed by Duskpulse Digital, including but not limited to Duskpulse Command and Duskpulse Sentinel, which are typically acquired through a one-time purchase. "Subscription Services" refers to ongoing services provided on a recurring billing basis, including but not limited to PulseBeacon and any associated bots, dashboards, or integrations. "User" or "Account" refers to any individual who registers for, accesses, or uses any Duskpulse Digital service or product. An "Account" is the registered identity through which a User accesses authenticated features of our services.

3. Account Registration

To access certain features of our services, you may be required to create an account. You must be at least thirteen (13) years of age to create an account or use our services. By registering, you represent and warrant that you meet this age requirement. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate and complete. Each individual may maintain only one account. Creating multiple accounts for the purpose of circumventing restrictions, abusing promotions, or any other reason is strictly prohibited and may result in the termination of all associated accounts. You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at duskpulsedigital@gmail.com if you become aware of any unauthorised use of your account. Duskpulse Digital will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

4. Products - Desktop Applications

Duskpulse Digital offers desktop applications available for one-time purchase. Upon completing a valid purchase, you are granted a non-exclusive, non-transferable, revocable licence to install and use the purchased application on a single device. Each licence key is bound to a single device and may not be shared, resold, or redistributed. You may not copy, modify, distribute, sell, sublicense, or otherwise make the application available to any third party without our prior written consent. Duskpulse Digital reserves the right to revoke your licence and access to any product at any time if you are found to be in violation of these Terms, including but not limited to redistribution, reverse engineering, or abusive conduct.

We offer a seven (7) day money-back guarantee on all desktop application purchases, calculated from the date of purchase. To request a refund within this period, contact us at duskpulsedigital@gmail.com with your order details. Refund requests made after the seven-day period will be assessed on a case-by-case basis at our sole discretion. No refunds will be issued for partial months on subscription-based services.

5. Subscription Services - PulseBeacon

PulseBeacon is a subscription service offered by Duskpulse Digital. The paid tier is billed on a monthly basis at a rate of $4.00 AUD per month. A free tier is also available, which provides access to a limited feature set including up to two (2) monitored channels and four (4) notification themes. The paid tier provides access to up to twenty (20) monitored channels and all available notification themes, along with any additional premium features as they are released.

All subscription payments are processed through Stripe. By subscribing to a paid tier, you authorise Duskpulse Digital and Stripe to charge your designated payment method on a recurring monthly basis until you cancel your subscription. You may cancel your subscription at any time through your account dashboard. Upon cancellation, your subscription will remain active until the end of your current billing period. You will retain full access to paid features until your paid time expires, at which point your account will be downgraded to the free tier.

When downgrading from a paid tier to the free tier, any channels configured beyond the free tier limit of two will be disabled. Any premium notification themes applied to your channels will be reset to a default theme available on the free tier. Duskpulse Digital reserves the right to modify subscription pricing at any time. We will provide at least thirty (30) days' notice of any pricing changes via email or through our website. Continued use of the subscription service after a pricing change takes effect constitutes your acceptance of the new pricing.

6. PulseBeacon Bot (Discord)

The PulseBeacon Bot is a Discord bot operated by Duskpulse Digital that monitors live streaming platforms including Twitch, Kick, and YouTube for live status changes and delivers themed notification embeds to configured Discord channels. The bot functions as part of the PulseBeacon subscription service and is subject to these Terms as well as Discord's own Terms of Service and Community Guidelines.

By using the PulseBeacon Bot, you represent and warrant that you have the necessary ownership or permissions to configure the bot in any Discord server or channel where you deploy it. You may not use the bot to send unsolicited or spam notifications, harass other users, or engage in any abusive conduct. Duskpulse Digital is not affiliated with, endorsed by, or sponsored by Discord, Twitch, Kick, or YouTube. Our services interact with these platforms through their publicly available APIs, and we make no guarantees regarding the continued availability of those third-party APIs or platforms.

7. Creator Program

Duskpulse Digital may offer a Creator Program through which eligible users can apply for creator status, receive a unique creator code, and earn commissions or points based on referrals and other qualifying activities. The specific commission structure, points system, and withdrawal rules applicable to the Creator Program will be communicated to accepted creators upon enrolment and may be updated from time to time at our discretion.

Participation in the Creator Program is subject to approval by Duskpulse Digital. We reserve the right to reject any application or terminate any creator account at any time, with or without cause, including but not limited to cases involving fraudulent referrals, abuse of the points or commission system, misrepresentation, or any conduct that we determine to be detrimental to Duskpulse Digital or its users. Upon termination of a creator account, any accrued but unwithdrawn points or commissions may be forfeited at our discretion.

8. Custom Development Services

Duskpulse Digital provides custom software development services on a quote basis. Each custom development engagement will be scoped and priced individually based on the requirements discussed with the client. Quotes are valid for the period specified in the proposal and are subject to change if the scope of work is modified after acceptance.

Payment for custom development services is structured around project milestones as agreed upon in writing between the client and Duskpulse Digital prior to commencement. Unless otherwise agreed in a separate written agreement, the client shall own all intellectual property rights in the deliverables produced under a custom development engagement upon full and final payment. Duskpulse Digital retains the right to use general knowledge, techniques, and non-client-specific code developed during the engagement. All timeline estimates provided by Duskpulse Digital are estimates only and do not constitute binding commitments or guaranteed delivery dates.

9. Acceptable Use

You agree to use all Duskpulse Digital services, products, and platforms only for lawful purposes and in accordance with these Terms. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any Duskpulse Digital software, product, or service. You may not scrape, crawl, or use automated means to extract data from our website or services without our prior written consent. You may not attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of our services, servers, networks, or infrastructure. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity. You may not use our services to transmit, distribute, or store material that violates any applicable law or regulation, infringes upon the rights of any third party, or is otherwise objectionable as determined by Duskpulse Digital in its sole discretion. Violation of this acceptable use policy may result in immediate suspension or termination of your account and access to all Duskpulse Digital services.

10. Intellectual Property

All software, source code, object code, algorithms, documentation, branding, logos, trademarks, trade names, designs, graphics, and other intellectual property associated with Duskpulse Digital and its products and services are and shall remain the exclusive property of Duskpulse Digital. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited licence to use our products and services as expressly set forth herein.

Any content created by you through the use of our services, including but not limited to custom notification card designs or configurations, remains your property. However, by using our services, you grant Duskpulse Digital a non-exclusive, royalty-free, worldwide licence to use, display, and process your user-generated content solely for the purpose of providing and improving our services.

11. Service Availability

Duskpulse Digital strives to maintain reliable and consistent access to all services, but we do not guarantee uninterrupted, error-free, or continuous availability. Our services may be subject to scheduled or unscheduled maintenance, updates, or downtime. We may also experience disruptions due to factors beyond our reasonable control, including but not limited to third-party service outages, network failures, or force majeure events. Duskpulse Digital reserves the right to modify, suspend, or discontinue any service or feature at any time, with or without notice. Where practicable, we will provide reasonable advance notice of any material changes or discontinuations that may affect your use of our services.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Duskpulse Digital, its owner, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use our services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

In no event shall the total aggregate liability of Duskpulse Digital for all claims arising out of or relating to these Terms or your use of our services exceed the total amount you have paid to Duskpulse Digital in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not made any payments to Duskpulse Digital, our total liability shall not exceed fifty Australian dollars ($50 AUD). Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Australian consumer law.

13. Termination

Duskpulse Digital reserves the right to suspend or terminate your account and access to any or all of our services at any time, with or without prior notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or abusive conduct, or if your continued use poses a risk to the security or integrity of our services or other users. You may terminate your account at any time by contacting us at duskpulsedigital@gmail.com or through your account settings, where available.

Upon termination of your account, whether initiated by you or by us, your right to access and use our services will cease immediately. Any active subscriptions will be cancelled, and no refunds will be issued for any remaining portion of a billing period unless otherwise required by applicable law. Your account data will be handled and deleted in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property, limitation of liability, and governing law provisions, shall survive and remain in full force and effect.

14. Changes to Terms

Duskpulse Digital reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page. For material changes, we will make reasonable efforts to notify you via the email address associated with your account or through a prominent notice on our website. Your continued use of any Duskpulse Digital service or product after the revised Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of our services and close your account.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect.

16. Contact

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at duskpulsedigital@gmail.com. You may also reach us through the contact form on our website at https://www.duskpulsedigital.com/contact.html.