livewells subscription terms
Contents
- 1. Parties, acceptance and definitions
- 2. What a Subscription buys
- 3. Subscription scope
- 4. Plan allowances, limits and top-ups
- 5. Billing, renewal, cancellation and refunds
- 6. Support and availability
- 7. Suspension, retention and deletion
- 8. Your responsibilities
- 9. Liability
- 10. Privacy
- 11. Changes to these terms
- 12. Suspension and termination
- 13. General
- 14. Governing law
These terms govern livewells subscriptions. They start for your organisation when you finish checkout. livewells is a hosted service that we run for you. We license no software to you. Clause 2.15 states what the Service cannot promise.
1. Parties, acceptance and definitions
1.1 These terms are between Maelstrom AI Pty Ltd (ACN 679 356 702), which uses the name livewells ("we", "us"), and the organisation named at checkout ("you"). Maelstrom AI Pty Ltd is the trustee for the Maelstrom AI Holding Trust (ABN 61 633 823 792).
1.2 You accept these terms when you finish a checkout. The person who finishes checkout warrants that they have authority to bind the organisation that they name. We supply Subscriptions for business use in connection with the security work of your organisation.
1.3 We supply livewells to organisations that we can verify. We verify an organisation through the Microsoft Entra tenant that it links in clause 3.2. If we cannot verify your organisation, we decline the Subscription before it activates, or we end it in clause 12.3. We refund in full what you paid for a Subscription that did not activate.
1.4 Definitions:
"Service" means the livewells hosted service at app.livewells.io. It includes the disposable, sandboxed browser, the reports, the video, the enrichment results and the API. Our control systems, which run the Service, are not licensed to you.
"Subscription" means a paid livewells plan bought through checkout, billed monthly or yearly.
"Plan allowances" means what a Subscription includes: unlimited analysts in one organisation, 500 submissions in each calendar month, and 3 concurrent sessions. We count calendar months in UTC.
"Submission" means one session in which a link is opened in the Service. A session lasts 15 minutes at most.
"Customer Content" means the links you submit, and the video, reports, network logs and enrichment results that the Service makes for your sessions.
"Top-up" means a one-off purchase of 250 extra submissions for the current calendar month.
"Analyst" means a person in your organisation who signs in to the Service with Microsoft Entra ID.
"Administrator" means an Analyst to whom your organisation has given administrator rights in the Service. Only an Administrator can change organisation settings, delete all Customer Content or buy a Top-up.
"Confirmed Malicious Case" means a session with a malicious verdict. An Analyst sets that verdict only after an assessment of the evidence. The Analyst must conclude in good faith that the link is malicious.
"Threat Data" means de-identified data derived from a Confirmed Malicious Case. It is limited to attacker indicators (domains, IP addresses and redirect chains, defanged), page structure, enrichment signals and the verdict label. It also holds the month of the session and the country of the exit, where known. Recipient identifiers are redacted. Threat Data holds no video. Threat Data is not Customer Content.
"Business hours" means 09:00 to 17:00 Australian Eastern Time on a business day. "Business day" means a weekday that is not a public holiday in Melbourne, Victoria.
"Support SLA" means the livewells Support SLA issued with your Subscription. Its definitions, severity table and exclusions are part of these terms.
"Data Processing Agreement" means the livewells Data Processing Agreement.
"Acceptable Use Policy" means the livewells Acceptable Use Policy.
"Quoted Plan" means a plan that we agree with you in a written agreement that we sign, for example with more submissions or longer retention.
"Data Incident" means unauthorised access to, or disclosure or loss of, Customer Content that results from our breach of these terms or the Data Processing Agreement.
2. What a Subscription buys
2.1 A Subscription buys access to the Service within the Plan allowances. It gives you no right in our software or systems.
2.2 livewells opens a link in a disposable, sandboxed browser. An Analyst opens the link by hand, and the Service records what the page loaded and did.
2.3 A file that a page offers for download goes to the temporary disk of the disposable browser. Each file is limited to 512 MiB. The Service does not copy the file to storage, and the file is not part of a case export. The Service takes no action on the file. The file is destroyed when the browser is destroyed at the end of the session.
2.4 A livewells report is evidence for your Analysts to judge. It records what the Service observed in one session. Your Analyst sets the verdict. Clause 2.15 states what the Service is and what it cannot promise.
2.5 We host the Service and we hold your Customer Content for you. You keep ownership of your Customer Content, and the Analysts of your organisation can see it. We give it only to the sub-processors on the published sub-processor list, to run the Service. We give it to no one else, except when clause 2.7 or 7.7 allows it. We do not make it public, share it with another customer, sell it, or use it to train a model. Clauses 2.9 to 2.14 are the only exception, and they cover Threat Data only.
2.6 We encrypt the session files of each organisation (the video, reports, network logs and enrichment results). We use a key made for that organisation alone. We delete the files of a session when the retention period ends, or when you delete the session. Your Administrator can delete all of your Customer Content whenever the account is active, and we then destroy the key. Cloudflare keeps point-in-time history of its databases for a limited period. On your written request, we delete all of your Customer Content.
2.7 We access your Customer Content for support only with your written permission, and we agree an end time with you in writing. We also access it for an incident or abuse investigation, if clause 12.6 and the Data Processing Agreement allow it. The operator console shows no links, reports or videos. You grant us a limited licence to host, process and display your Customer Content, only to provide the Service to you. Clause 2.9 gives us one more licence, for Threat Data.
2.8 A Subscription includes the Data Processing Agreement, the Support SLA and the sub-processor list. They apply from checkout and are part of these terms. They are in fixed form. We do not amend them for one customer, and we do not issue bespoke terms. We sign negotiated terms only in a written agreement for a Quoted Plan. Ask sales@livewells.io about a Quoted Plan.
2.9 You grant us a worldwide, non-exclusive licence to make Threat Data from each Confirmed Malicious Case of your organisation. We can use Threat Data to supply a livewells threat feed and to train livewells detection models. The licence continues for Threat Data that we have made and given out. It ends for new use in clause 2.10. It covers Threat Data only and does not cover Customer Content. We are a controller of Threat Data, and we are accountable for our use of it in data-protection law.
2.10 The licence in clause 2.9 is on by default. An Administrator can select "Exclude all cases from threat data" whenever they wish, in the Service. An Analyst who ran a case, or an Administrator, can select "Exclude this case from threat data" whenever they wish. We do not use an excluded case. The licence does not apply to: a case with a different verdict; a case that you exclude; or a case of your organisation after you exclude all cases.
2.11 We delete a record that we hold from an excluded case at the next scheduled run, which is each minute. We put none of it in a new export or a new training run. Turning off the exclusion of all cases does not bring back the cases that you excluded before. Turning off the exclusion of one case lets that case join again, if its verdict is malicious. A verdict changed away from malicious also withdraws the record.
2.11A We make Threat Data only from a case whose session has ended. Material that we give out in an export, or train a model with, stays with its recipients and in the model, because it is de-identified and is not Customer Content.
2.12 Threat Data holds no video and no recipient identifier. We remove the domains, addresses and identifiers of your organisation, and we do not keep a record that holds one. Threat Data holds no information about your organisation or its staff. If an indicator identifies a person, the rules for personal information apply to it. We do not try to re-identify a person or an organisation from Threat Data.
2.13 If we supply a threat feed, we do not allow a recipient to re-identify a person or organisation. Each recipient must agree to that in writing before it receives Threat Data. A recipient of the threat feed receives Threat Data and not Customer Content. We do not sell Customer Content. We give the video, network logs and page content of a session to no one. Attacker indicators are part of Threat Data on purpose.
2.14 For each case marked malicious, we keep one job record. It holds the case reference, a state, a short reason code, a one-way reference, an attempt count and two times. It holds no content, and it stays after you delete the case. We keep the video, network logs and page content of a session only for the retention period in clause 7. Deleting a session, or the end of a Subscription, leaves Threat Data in place unless you excluded the case in clause 2.10. Threat Data is de-identified and is not Customer Content.
2.15 What the Service is, and what it cannot promise:
(a) livewells is a triage aid. It shows your Analyst what a page loaded and did in one session. Your Analyst decides if a link is malicious. We do not make that decision.
(b) Phishing kits can detect a sandbox. A site that detects a sandbox can show it a harmless page and hide what it does. We do our best to make the Service hard to detect, but we cannot promise that a site stays unaware of it.
(c) A result with no signals (a clean finding) does not prove that a link is safe. You cannot trust a clean finding at 100%. Use multiple sources to confirm a result. If you are in doubt, assume that unwanted or unsolicited email is malicious.
(d) No tool gives 100% accurate results, and it is not reasonable to expect them. A result can also flag a link that is safe. The verdict is the decision of your Analyst, and not our decision.
(e) We supply the Service with due care and skill. This clause states the Service that we supply. It does not exclude, restrict or modify a right that the Australian Consumer Law gives you.
3. Subscription scope
3.1 A Subscription is granted to your organisation only. It is per-entity and non-transferable. You must not assign it without our written consent, and you must not resell it or share it with another organisation. It does not extend to a related or affiliated entity unless we agree in writing. Sharing a Subscription outside your organisation is a material breach.
3.2 Your Analysts sign in through a Microsoft Entra tenant that you ask us to link to your livewells account. We decide who belongs to your organisation from the Entra tenant that signs the person in.
4. Plan allowances, limits and top-ups
4.1 The Plan allowances and the price in effect at your purchase or latest renewal are part of these terms.
4.2 The monthly limit is hard. When you have used your submissions for the calendar month (UTC), the Service refuses more submissions. It does so until the next calendar month, or until you buy a Top-up. We do not charge for use above the limit.
4.3 A Top-up adds 250 submissions to the calendar month (UTC) in which you pay for it. Unused top-up submissions end with that month.
4.4 The Service gives you 3 concurrent sessions. Each session ends after 15 minutes, or after 5 minutes without activity.
4.5 Only an Administrator of your account can buy a Top-up.
4.6 More submissions, more concurrent sessions, API access above the standard plan or longer retention are available in a Quoted Plan. Ask sales@livewells.io.
5. Billing, renewal, cancellation and refunds
5.1 We bill Subscriptions monthly or yearly in advance through Stripe, on the hosted checkout pages of Stripe. We do not see or hold your card details.
5.2 Prices are in Australian dollars. A monthly Subscription costs A$699 excluding GST (A$768.90 including GST), a yearly Subscription costs A$6,990 excluding GST (A$7,689 including GST), and a Top-up costs A$149 excluding GST (A$163.90 including GST). Where GST applies to your purchase, we add it at checkout, and the total is the figure that includes GST. Where GST does not apply to your purchase, the total is the figure that excludes GST. Checkout shows the price that applies to you.
5.3 A Subscription renews automatically at the end of each paid month or year, unless you cancel first. Before each yearly renewal, we email you a renewal reminder. A monthly Subscription renews each month, and we send no renewal reminder for it. We email you a receipt for each payment.
5.4 You can ask us in writing (clause 13.3) to change between monthly and yearly billing. The two give the same Plan allowances. A move to yearly billing starts at once, and we charge the difference pro rata. A move to monthly billing starts at your next renewal. We do not refund or credit a part of the current paid period. A change of plan does not change what you can use.
5.5 You can cancel whenever you wish, with no cancellation fee. Give us notice in writing (clause 13.3). Cancellation starts at the end of the current paid period, and your account stays active until then.
5.6 We do not refund the current paid period when you cancel, with four exceptions:
- the law requires a refund, including the Australian Consumer Law;
- we end your Subscription other than for your breach, and we refund the unused part pro rata;
- clause 12.4 applies; or
- clause 1.3, 6.7 or 12.3 applies.
A Top-up is not refundable, except if the law requires it. Your statutory rights stay in force.
5.7 If a renewal payment is declined, we keep your account active for 7 days from the first declined payment. If the payment is not made by then, we suspend your account. A cancelled Subscription ends at the end of the paid period, and we then suspend the account. When you pay the overdue amount, your account resumes, unless we suspended it for another reason in clause 12.
6. Support and availability
6.1 Support requests go to support@livewells.io. We reply to support email by the next business day, 09:00 to 17:00 Australian Eastern Time. This is a target, not a resolution time.
A response is a human acknowledgement that we have the request. It also says that we have started work, or have asked for information that we require. A response is not a resolution. The Support SLA gives the definitions and the method that we use to work a request.
6.2 The response window is a published target and is not a contractual service level. No service credit or refund applies to a missed target on a request. We owe you the guarantee of due care and skill in the services that we supply. Clause 9 does not exclude it.
6.3 Support covers your use of the Service. Support does not cover these items: faults in your own Microsoft Entra ID, your own network, or the sites that you open in the Service; your own misconfiguration, or use outside the published documentation; use that the Acceptable Use Policy prohibits; and events outside our reasonable control. The response clock stops while we wait for information or access that we asked you to provide.
6.4 We run the Service with due care and skill. The Australian Consumer Law gives you consumer guarantees. We do not promise uninterrupted service beyond them. We state no availability target and we give no service credit. We work a ticket about suspected exposure of Customer Content before routine tickets. We do the same for a failure of the separation between customers, or the loss of reports.
6.5 We ask Cloudflare to store Customer Content in Oceania using a location hint. The hint is set on our R2 buckets, our D1 database and our Durable Objects. A hint is a request, not a guarantee. We do not set a location for session containers, which run in Cloudflare locations that we do not choose. Those locations can be in the countries where Cloudflare operates, including outside Australia.
6.6 Support is for the use of the Service by your own organisation. We can decline or meter support that is abusive, or that in substance re-sells our support to third parties. We can also decline or meter support that asks us to do work unrelated to the Service.
6.7 We are a small operation. If we are unavailable for a long period, for example through illness, the response clock stops on notice to you. We do not publish a response target that we cannot meet through a reasonable period of operator absence. If a pause in this clause lasts more than 20 consecutive business days, you can end the Subscription. You then receive a pro-rata refund of prepaid fees for the unused term.
6.8 Hostile content: an Analyst can open a link that leads to a hostile site. The Service opens it in a disposable browser that is destroyed when the session ends. Session browsers connect to the internet from the network of Cloudflare. The operator of a site that you open sees the traffic of the session and the Cloudflare network addresses. You accept that a site that you open can be hostile, and clause 9.1 applies to loss that the content of a site causes.
6.9 The Service can copy the live domains and public IP addresses of a case for your blocklist. An Analyst must confirm first. After the confirmation, the Service gives the domains and addresses live, not defanged. The audit entry holds counts only. You are responsible for how you handle them.
7. Suspension, retention and deletion
7.1 If a Subscription ends or is cancelled, we suspend the Service for your account when the paid period ends. If a payment is declined, we suspend it when the period in clause 5.7 ends. While your account is suspended, no one can sign in and no session starts. We resume the account when you pay the overdue amount.
7.2 If your organisation pays by invoice in a Quoted Plan, an access end date is agreed for it. Your access lasts to the end of that date, in UTC. We suspend the Service for your account at the first daily run after that date.
7.3 On your written request (clause 13.3), we resume the account, for 7 days at most, so that your Administrator can export your Customer Content. We then suspend the account again. Customer Content is deleted at the end of the retention period.
7.4 We keep your Customer Content for the retention period. The default is 90 days from the end of the session. Your Administrator can set the period between 7 and 365 days. At the end of the period we delete the Customer Content.
7.5 Your Administrator can delete the Customer Content of one ended session, or all of it. You can also ask us in writing (clause 13.3) to delete it, and we do. The audit log keeps records of retention settings, deletions and operator actions.
7.6 When a Subscription ends, we delete your Customer Content at the end of the retention period. Before the Subscription ends, your Administrator can set a shorter retention period. On your written request (clause 13.3), we delete it sooner.
7.7 If the law compels us to disclose Customer Content, we disclose only what the law requires. We tell you first, unless the law forbids it.
7.8 If we stop providing the Service, we give you notice for the longest period that we reasonably can. We refund the unused part of your prepaid fees. We keep the export route for your Administrator open during the notice period. We then delete your Customer Content.
8. Your responsibilities
8.1 You are responsible for the security of your Microsoft Entra ID accounts, and for what your Analysts do in the Service. You must remove access for people who stop working for your organisation. You must use the Service only in line with the Acceptable Use Policy.
8.2 You must have the right to submit each link and to have us process the personal information in it. You warrant that you can lawfully submit each link that you submit. This includes a link that contains the details of a third party, for example a recipient identifier.
8.3 You warrant that you will set a malicious verdict only after an Analyst has assessed the evidence. The Analyst must conclude in good faith that the link is malicious. You are responsible for how you handle and share the reports and videos that you download. You are responsible for the accuracy of what you tell us at checkout.
9. Liability
9.1 The Service is a triage aid, and your Analyst decides the verdict (clause 2.15). Subject to clause 9.4, we are not liable for loss that results from your decision or the decision of your Analyst. Nor are we liable for loss that the content of a site that you open causes. These two limits apply if the Service worked in line with these terms. If it did not, clause 9.2 applies.
9.2 Subject to clause 9.4, the liability of each party to the other in connection with these terms is limited. The limit is the fees that you paid or must pay for the Subscription in the 12 months before the event that caused the liability. It is a total for all events in that period, and not a limit for each event. This limit applies in contract, tort (including negligence) and otherwise. It applies to a Data Incident, including a breach of clause 13.7 that results from our negligence. A fee that you must pay by these terms is not within your limit.
9.3 Subject to clause 9.4, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings. We are not liable for loss or corruption of data that results from your own deletion of it. We are also not liable if it results from the retention settings that you chose or from the compromise of your Microsoft Entra ID accounts. Reasonable costs that you incur to investigate and notify a Data Incident are direct loss, and the limit in clause 9.2 applies to them.
9.4 Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy that the law does not allow to be excluded. This includes the Australian Consumer Law. Where the law lets us limit our liability for a breach of such a guarantee, we limit it to the remedy in the next sentence. At our option, we supply the services again or pay the cost of having them supplied again. We do this only if it is fair or reasonable.
9.5 Clauses 9.1 to 9.3 do not apply to liability for death or personal injury caused by negligence. They do not apply to fraud or to our wilful misconduct. They do not apply to our deliberate disclosure or deliberate misuse of Customer Content in breach of clause 2.5 or 13.7.
10. Privacy
Our privacy policy explains what we hold and why.
Stripe collects your billing details on its own pages, and we do not receive card details. We hold your name, work email, plan, subscription status, and the Microsoft Entra tenant and user identifiers of your Analysts. This is the account record. We hold your Customer Content for you, in line with clause 2.5 and the Data Processing Agreement.
Our privacy policy also explains how we make and use Threat Data in clauses 2.9 to 2.14, and how you exclude cases from it. The Data Processing Agreement requires us to tell you of a personal data breach that affects your Customer Content. We do so without undue delay, and within 72 hours of when we become aware of it.
11. Changes to these terms
11.1 We can change these terms. We give you at least 30 days' notice by email of a change to these terms, and of a change to the price. The change applies from your next renewal, and not in the middle of a term. If you do not accept the change, you can cancel before the renewal (clause 5.5). The terms that you accepted continue to govern the period that you have paid for. A change that the law requires can apply sooner, and we tell you when we make it.
11.2 The Acceptable Use Policy, the Support SLA and the sub-processor list change in the same manner. For a new sub-processor, clause 5.3 of the Data Processing Agreement prevails: at least 30 days' notice before use, a right to object, and a right to exit. A change to a Quoted Plan is valid only in signed writing.
12. Suspension and termination
12.1 We can suspend or end a Subscription for a material breach of these terms or of the Acceptable Use Policy. This applies if you do not cure the breach within 14 days of notice. We can do so at once for abuse that clause 6 of the Acceptable Use Policy defines. Ending a Subscription ends your access to the Service. Clause 7 applies to your Customer Content.
12.2 If we end your Subscription other than for your breach, we refund the unused part pro rata.
12.3 We can decline or end a Subscription if providing it breaches a law that applies to us, including trade sanctions. We can also do so if we cannot verify your organisation in clause 1.3. When we end a Subscription in this clause, we refund the unused part pro rata, except where a sanctions law forbids the payment.
12.4 Neither party is liable for delay or failure to perform an obligation (other than an obligation to pay) that an event beyond its reasonable control causes. If such an event stops us from providing the Service for more than 30 consecutive days, you can cancel the Subscription. You then receive a pro-rata refund of the unused part.
12.5 We can suspend your account, or one Analyst, at once. We do so if we reasonably believe that it is necessary to protect the Service, another customer or a person. We tell you why promptly. We restore the account when the cause is removed. A suspension in this clause follows clause 7.1: no one can sign in, and the export in clause 7.3 is open to you.
12.6 To investigate abuse or a security incident, our staff can access only the records that the investigation requires. We will give you written notice promptly, unless the law or the investigation forbids it.
13. General
13.1 We enter these terms only in our capacity of trustee of the Maelstrom AI Holding Trust. Our liability is limited to the extent to which we are actually indemnified out of the assets of that trust. This does not apply to the extent that our fraud, gross negligence, wilful default or breach of trust removes or reduces our right of indemnity. The assets of that trust include the proceeds of insurance that responds to the liability.
13.2 You must not assign a Subscription without our written consent. We can assign to a successor that takes on our obligations, if the assignment does not reduce your rights. We give you notice of an assignment. If you object, you can cancel, and you receive a pro-rata refund of prepaid fees for the unused term.
13.3 Notices to us, including a cancellation, go to sales@livewells.io or support@livewells.io. A written request in clauses 5.4, 5.5, 7.3, 7.5 and 7.6 can go to either address. Notices to you go to the email given at checkout. A notice is given in writing by email. It is taken to be received on the next business day after it is sent, unless the sender receives an automated non-delivery report.
13.4 If a term is unenforceable, the rest stands. A failure to enforce a term is not a waiver.
13.5 The following documents are the entire agreement for a Subscription:
- these terms;
- the price shown at checkout;
- the Acceptable Use Policy;
- the Data Processing Agreement issued in clause 2.8;
- the Support SLA; and
- the sub-processor list.
If they conflict, these terms prevail. The exception is data protection, where the Data Processing Agreement prevails. They do not amend a written agreement for a Quoted Plan.
13.6 If you give us feedback or suggestions about livewells, we can use them without restriction or obligation to you.
13.7 Each party keeps the confidential information of the other confidential and uses it only to perform this agreement. This does not apply to information that is public, known to the receiver, independently developed, or required by law to be disclosed. Your Customer Content is your confidential information.
13.8 Clauses 2, 7, 9 and 13 and the Data Processing Agreement continue after a Subscription ends.
14. Governing law
These terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer in law, and a law of your own country gives you mandatory protections, nothing in these terms removes those protections.