End User Licence Agreement

Last updated: 06 July 2026

When this End User Licence Agreement (EULA) applies

When this End User Licence Agreement (EULA) applies

This End User Licence Agreement (EULA) is a legal agreement between You and
RAD Business Pty Ltd (ACN 698 339 507) trading as RAD (“RAD”, “We”, “Us”).

This EULA applies to You when you use or access the RAD App, whether you directly subscribe to the RAD App, or You are invited as a user via a third party such as your employer (“Employer”).

What the RAD App captures, and Your consent

What the RAD App captures, and Your consent

So You understand what using the RAD App involves, and so You can give informed consent:

  • While the RAD App is running, it captures contextual snapshots of the application window in focus, together with related metadata (such as which applications are open and in focus, and the duration of work sessions). These are processed by AI to generate written evidence records of R&D activity.

  • Snapshots may incidentally capture personal or sensitive information about You or other people, that is visible on your screen within the in-focus application window (such as health or financial information). You may pause capture at any time on demand, but it is up to You to do this before accessing such information (for instance, email, banking access, etc).

  • You can reduce incidental capture using the exclusion settings, and by minimising or closing non-work applications while the RAD App is running.

  • Your evidence records may be viewed by Your Employer and the registered tax advisor Your Employer nominates, and by authorised RAD personnel for the support and troubleshooting purposes described in the agreement between RAD and Your Employer. They do not see raw snapshots of each other’s work.

  • All data is stored in Australia, and is not used to train external AI models.

  • Taking part is voluntary. You can uninstall the RAD App at any time.

In some cases, You may access a dashboard-only view of the RAD App (such as advisors or indirect Employer admins). This EULA still applies to You, although You may not be using the RAD App to capture snapshots. 

By clicking “I accept” (or, if You access the RAD App through an Employer, by installing or using the RAD App), You acknowledge that You have read this section, You consent to the RAD App capturing information from Your device as described, and You expressly consent to the incidental capture of personal information and any sensitive information that may be visible on Your screen while the RAD App is running.

Your Responsibilities

You will be solely responsible for:

  • Your compliance with this EULA;

  • The security of all passwords and other account information held by You that is required to access and use the RAD App;

  • Using the RAD App in accordance with all applicable laws and government regulations;

  • Using the RAD App in accordance with any applicable policies of Your Employer
    which may apply to You or any device used by You;

  • Selecting which applications and time periods the RAD App may capture information which is most relevant to R&D activity by navigating the Toolbar Menu on the RAD desktop application.

  • Ensuring that any device on which You install or run the RAD App is Your own work device, and that You are authorised to run activity capture on that device;

  • Using the RAD App’s exclusion settings, and minimising or closing non-work applications, to avoid capturing personal information or content that is not relevant to R&D activity;

  • Not using the RAD App to capture or disclose any information that You are not permitted to disclose to RAD or Your Employer, including another person’s confidential, personal, or sensitive information, or information subject to confidentiality, privilege, or other legal obligations;

  • Ensuring that the activity You allow the RAD App to capture genuinely reflects Your work, and not using the RAD App to fabricate, exaggerate, or misrepresent R&D activity; and

  • Not disabling, avoiding, or circumventing any capture settings, exclusions, or active hours configured by Your Employer.

Limitations of the RAD App

You acknowledge and agree that:

  • The RAD App is not intended to be used as the sole basis for any business decision, including eligibility as to R&D tax incentives;

  • Certain features or functionality of the RAD App may utilise artificial intelligence technology (“AI Features”). Any information, classifications, recommendations or initial estimates provided by using the RAD App (including, without limitation, AI Features) may not be relied upon as accurate, complete or reliable, and must be verified by You (as to accuracy/relevance), and your or your qualified tax advisor (as to eligibility for tax claims);

  • The RAD App does not provide professional or tax advice. No information created or provided via the RAD App may be relied upon as professional or tax advice; and

  • The RAD App does not guarantee to achieve any particular result for You.

Proprietary Rights and Licences

RAD is the owner of intellectual property rights in the RAD App. RAD reserves all right, title and interest in and to the RAD App, including all related intellectual property rights, and any future developments and enhancements to such rights.

If you obtain a subscription to the RAD App directly from RAD, RAD grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the RAD App for so long as you have a valid subscription to the RAD App. If you obtain a subscription to the RAD App from a third party (for instance, Your Employer), the licence to use the RAD App will be revoked upon termination of the paying party’s subscription.

You grant RAD a licence to use, host, copy, store, backup, transmit, process and display data supplied to, or created by, Your use of the RAD App, so that RAD can provide the RAD App to You.

You grant this licence only to the extent You have the right to do so. As between RAD
and Your Employer, ownership of and rights in data captured through the RAD App are governed by the agreement between RAD and Your Employer and the Data Processing Addendum, and nothing in this EULA transfers ownership of that data to RAD.

Disclaimer and Limitation of Liability

RAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE RAD APP, WHICH ARE PROVIDED
TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

IN NO EVENT WILL YOU OR RAD HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. 

Nothing in this EULA excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where RAD is liable for a failure to comply with a consumer guarantee that cannot be excluded, RAD’s liability is limited, to the extent permitted, to re-supplying the relevant service or paying the cost of having it re-supplied.

Nothing in the mutual limitation above limits Your liability for: (a) Your breach of the RAD Acceptable Use Policy; (b) Your infringement of RAD’s or a third party’s intellectual property rights; (c) Your unlawful conduct; or (d) loss, damage, or liability arising from data You capture or disclose through the RAD App in breach of this EULA or applicable law, including capturing another person’s personal, sensitive, or confidential information without authority. You indemnify RAD against loss, damage, liability, and reasonable costs to the extent arising from any of (a) to (d).

RAD Acceptable Use Policy

You may not, and must not allow any other person to use the RAD App to:

  • make the RAD App available to, or use the RAD App for the benefit of, anyone other than You;

  • sell, resell, license, sublicense, distribute, make available, rent or lease any RAD App
    in an outsourcing offering,

  • use the RAD App to store or transmit a virus or malicious code,

  • interfere with or disrupt the integrity or performance of the RAD App,

  • permit direct or indirect access to or use of the RAD App in a way that circumvents
    a contractual usage limit,

  • copy the RAD App or any part, feature, function or user interface thereof,

  • access the RAD App in order to build a competitive product or service,

  • reverse engineer, decompile, modify, combine, create derivative works of, distribute
    or adapt the RAD App,

  • engage in, promote or facilitate illegal activity or violate any applicable local, state, national or international law or regulation;

  • perform significant load or security testing without first obtaining RAD’s written consent;

  • disable, avoid, or circumvent, damage or otherwise interfere with any security or access-related features or restrictions of the RAD App, features that prevent or restrict the use or copying of content from the RAD App, or features that enforce limitations on the use of the RAD App;

  • create or pose a risk that can result in a denial of service attack on the RAD App;

  • create a security or service risk to RAD or the RAD App;

  • create, facilitate, or distribute spyware or any capability for covert surveillance, persistent tracking, or monitoring of a person or device without their valid consent
    or other legal right;

  • make decisions regarding Your eligibility to receive R&D tax incentives in reliance on information obtained via the RAD App without appropriate human-in-the-loop review, verification and approval from a qualified professional;

  • use the RAD App, or information obtained via the RAD App to harass, intimidate, abuse, or discriminate against another person for any purpose;

  • use information obtained via the RAD App for any detrimental employment or performance related reasons for other Users (for example, relating to productivity,
    poor performance, etc.)

Term and Termination

This EULA commences when You accept it (including by clicking “I accept”), or if earlier when You first use the RAD App and continues for so long as you remain a User of the RAD App.

RAD may suspend Your use of the RAD App (without a right to a credit or refund) for
Your failure to comply with this EULA, for so long as such failure is continuing. If You fail
to rectify the conduct giving rise to the suspension of RAD App after reasonable requests from Us, RAD may terminate Your access to the RAD App.

General

This EULA operates alongside the agreement between RAD and the party through
which You access the RAD App (for example, Your Employer’s agreement with RAD), RAD’s Privacy Policy, and (where applicable) RAD’s Data Processing Addendum. If there is any inconsistency about how data captured through the RAD App is handled, the Data Processing Addendum and the agreement between RAD and Your Employer prevail over this EULA to the extent of the inconsistency.

RAD handles personal information about You in accordance with its Privacy Policy (available at radrnd.com/privacy-policy) which forms part of this EULA and explains
how You can access or correct Your personal information.

RAD may update this EULA from time to time. We will make the current version available within or alongside the RAD App, and Your continued use of the RAD App after a change takes effect constitutes acceptance of the updated EULA.

This EULA is governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State

Designed & operated in Australia

© 2026 RAD Business Pty Ltd

Designed & operated in Australia

© 2026 RAD Business Pty Ltd