Platform Licence Agreement
Please read this licence information carefully before using our platform.
Appellon Platform Licence Agreement
Forming a Binding Agreement
Pulse Australasia Pty Ltd (ACN 154 929 450) of Level 19, 207 Kent Street, Sydney, New South Wales 2000 ("Appellon") establishes organisational mindsets that are focussed on achievement and connection, and increases well-being, quality of work life experience and performance outcomes.
This Agreement is between you ("Client" or "you") and Appellon and sets out the terms of the licence that Appellon is granting to enable the Client to use the Appellon Client Programs and the Support Services in assessing and improving the culture of the Client's organisation.
In order to access the Appellon Client Programs, you must complete your details on the sign-up page on the Appellon Website; register for an Appellon client account; and review and accept the terms of this Agreement by clicking on the "I have read and accept the Appellon Licence Agreement" checkbox.
If you are registering for an Appellon client account on behalf of a company or another organisation, then you are agreeing to this Agreement for that company or organisation and promising to Appellon that you have the authority to bind that company or organisation to this Agreement.
By accepting this Agreement you are also promising to Appellon that all of the information that you have provided about yourself and your company or organisation is true and correct.
Appellon reserves the right to amend, vary, modify and/or replace this Agreement at any time, and such amendment shall be effective immediately upon posting to the Appellon Website.
Definitions and Interpretation
In this Agreement, unless the context requires otherwise:
"Agreement" means the agreement formed between Client and Appellon when the Client clicked on the "I have read and accept the Appellon Licence Agreement" checkbox.
"Appellon Client Account" means the account that the Client opened with Appellon to enable the Client to use the Appellon Client Programs.
"Appellon Client Programs" means the programs within the Appellon Program Suite that the Client currently holds subscriptions for.
"Appellon Platform" means the cloud based software platform developed by Appellon which enables the Client to receive and interact with the Appellon Client Programs.
"Appellon Program Suite" means the suite of programs provided by Appellon from time to time and which currently comprise:
- the Work-Rite Program;
- the Lead-Rite Program; and
- the Care-Rite Program.
"Business Day" means a day that is not a Saturday, Sunday or public holiday.
"Free Period" means the period from the Client opening its Appellon Client Account to the date that is four weeks after that date.
"Program Fees" means the fees for the use of the Appellon Client Programs which the Client is required to pay.
"Super Admin" means each person that the Client nominated as the person who will manage the Appellon Client Account on behalf of the Client.
"Term" means the period that the Client specified as the term of this Agreement when it registered or updated its Appellon Client Account.
"User" means a member of the Client's staff to whom the Client gives access to any of the Appellon Client Programs.
"User Band" means the number of Users the Client has uploaded to the Appellon Platform, falling within: 0-100; 101-500; 501-1,000; or 1,001-1,500 total Users.
Access
In consideration of payment of the Program Fees, Appellon grants to the Client non-exclusive and non-transferable access rights for the Client's Users to use the Appellon Client Programs solely for the Purpose and solely for the Term.
The Client understands and agrees that the Client's Super Admin will be solely responsible for the level of access to the Appellon Client Programs granted to the Client's other Users.
The Client's Obligations
The Client acknowledges and agrees it will:
- be responsible for the accuracy and completion of the payment and contact details that the Client provides to Appellon;
- ensure that the Appellon Client Programs are used strictly in accordance with the terms of this Agreement and strictly in compliance with all applicable laws and regulations;
- be liable for any breach of this Agreement by any of the Client's Users;
- make every reasonable effort to prevent unauthorised access to the Appellon Client Programs.
Control of Appellon Client Programs
The Client acknowledges and agrees that it will not:
- use any of the Appellon Client Programs for any purpose other than the Purpose;
- make any of the Appellon Client Programs available to any person other than to a User;
- access or attempt to access the source code of any of the Appellon Client Programs;
- copy, reverse engineer, adapt, decompile, vary or modify any of the Appellon Client Programs;
- use any of the Appellon Client Programs to create, train, or improve a substantially similar product or service;
- knowingly transmit to any of the Appellon Client Programs any virus or other disabling feature.
Availability of Appellon Client Programs
The Client acknowledges and agrees that each of the Appellon Client Programs is provided on an "as is" and "as available" basis. While Appellon will use reasonable endeavours to provide the Appellon Client Programs, the Client acknowledges that they may not be continuous or fault-free and may not be available at all times.
Service Fees
Service Fees Generally
The Client must pay to Appellon the Service Fees according to the Client's then current User Band. If the Client adds or removes a sufficient number of Users such that the number of Users falls into a different User Band, the Service Fees will be adjusted accordingly.
Payment Terms
All Service Fees must be paid monthly in advance and be paid:
- by credit card or on receipt of an invoice; or
- by payment by the nominated method to Appellon as agreed with the Client from time to time; and
- in immediately available funds and without set-off, counter claim, condition or deduction or withholding.
Representations, Warranties and Liabilities
Disclaimer
Except for the express representations and warranties, Appellon disclaims all express or implied representations, warranties, guarantees and conditions with regard to the Appellon Client Programs.
Appellon will not be liable if the Client is unable to use any Appellon Client Program due to any incompatibility or fault or incorrect configuration of the Client's equipment.
Limitation of Liability
To the maximum extent permitted by law, Appellon's maximum liability to the Client for any breach of this Agreement is limited to having agreed deficiencies in the Appellon Client Programs rectified or the payment of the cost of having the agreed deficiencies rectified.
Exclusion of Liability
To the maximum extent permitted by law, Appellon excludes liability for any consequential or indirect loss or damage (including loss of profit, loss of opportunity, loss of goodwill, loss of business, damage to reputation, business interruption, or loss or corruption of data) which may arise in connection with the Appellon Client Programs.
Intellectual Property
The Client acknowledges and agrees that:
- Appellon owns or licences all of the Intellectual Property Rights in the Appellon Client Programs;
- nothing in this Agreement gives the Client any proprietary right to the Appellon Client Programs; and
- all Intellectual Property Rights created by the Client's use of any of the Appellon Client Programs will vest and be owned by Appellon.
Confidentiality
The Client must keep Appellon's Confidential Information confidential and must not disclose this information to any person except:
- with the prior written consent of Appellon;
- to the extent required by law; or
- to any advisers who have a need to know the Confidential Information.
Privacy
Appellon maintains a privacy policy in compliance with data collection regulations.
By using the Appellon Client Programs, the Client consents and agrees to the collection, processing and use of personal data about the Client and the Client's Users in accordance with the Privacy Policy.
Support Services
Self-Managed Support
Self-Managed Support is designed by Appellon to help customers use the Appellon Client Programs through e-messages, calls to a user helpline and a webchat option.
Remote Managed Support
Remote Managed Support provides the Client's Super Admin with the ability to gain additional consulting advice and support to increase/maximise product impact.
Termination
This Agreement will terminate with immediate effect:
- by written agreement between the parties;
- by Appellon if the Client fails to pay any outstanding Service Fees within thirty days of the date on which the payment fell due;
- at the end of the then current Term unless the Client renews its Appellon Client Account; or
- by either party providing a written notice to the other party if an Event of Default occurs.
Effect of Termination
The Client and each of its Users will immediately cease to have access to the Appellon Client Programs upon termination of this Agreement.
Upon request by the Client made within thirty (30) days after the effective date of termination, Appellon shall make available to the Client for download any Client data stored in the Appellon Client Programs.
General
Entire Agreement
This Agreement constitutes the entire agreement between the parties in relation to its subject matter. All prior discussions, undertakings, agreements, representations, warranties and indemnities in relation to that subject matter are replaced by this Agreement.
Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws in force in the State of New South Wales and each party submits to the exclusive jurisdiction of the courts of that State.
Contact Us
If you have any questions about this Platform Licence Agreement, please contact us at enquiries@appellon.com
Last updated: March 13, 2026