Terms of Service
Last updated: 06 July 2026
Please read these RAD Terms of Service (the "Terms") carefully. They govern your access to and use of RAD’s R&D application software that records evidence of you or your team’s R&D activity so that it can be used to substantiate claims under the Australian R&D Tax Incentive scheme, and includes any updates, upgrades, modified versions, extensions, improvements, and derivative works of the foregoing (collectively, the "RAD App").
Effective date: 06 July 2026
The RAD App is provided by RAD Business Pty Ltd (ACN 698 339 507) trading as RAD (“RAD”, “We” or “Us”).
"You" means the entity that you represent in accepting these Terms. You represent and warrant that:
you have full legal authority to bind your employer or such entity to these Terms;
you have read and understand these Terms; and
you agree to these Terms on behalf of such employer or entity.
1. Definitions
In these Terms, capitalised terms have the meanings given below. Other capitalised terms are defined where they first appear.
“Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Confidential Information” means information disclosed by or on behalf of one party to the other that is marked as confidential or that a reasonable person would understand to be confidential, including business plans, pricing, product details, technical information, and the contents of Evidence Records; but excludes information that is or becomes public other than through a breach of these Terms, was lawfully known to the recipient free of any obligation of confidence, is independently developed by the recipient, or is lawfully received from a third party without restriction.
“Data Processing Addendum” or “DPA” means RAD’s data processing addendum referenced in clause 5.1, as updated from time to time.
“Evidence Records” means the AI-generated written summaries of R&D activity produced by the RAD App.
“Fees” means the fees payable for access to and use of the RAD App, as set out in the applicable plan as selected on subscription, or specified in an Order Form.
“Order Form” means an ordering document agreed between RAD and you that references these Terms.
“Personal Information” has the meaning given in the Privacy Act.
“Privacy Act” means the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
“Privacy Policy” means RAD’s privacy policy referenced in clause 5.1, as updated from time to time.
“RAD App” has the meaning given in the introduction to these Terms.
“Sensitive Information” has the meaning given in section 6 of the Privacy Act, and includes health information and financial information.
“Subscription Term” means the period described in clause 4.4 (or as set out in your Order Form).
“Taxes” means taxes, levies, or duties (including GST), other than taxes on RAD’s net income.
“User” means an individual you nominate who installs and uses the RAD App.
“Workplace Surveillance Laws” means applicable workplace surveillance and privacy legislation, including the Workplace Surveillance Act 2005 (NSW), the Surveillance Devices Act 1999 (Vic), the Workplace Privacy Act 2011 (ACT), and equivalent legislation in other Australian jurisdictions.
2. How the RAD App works, in plain terms
You, and any nominated individuals in your team (each a “User”) install the RAD App on their own work devices. Installation is voluntary.
When the RAD App is running, it captures short contextual snapshots and metadata from whichever application is currently in focus, provided the User has chosen to allow it. Users can exclude applications they don’t want captured and can choose to pause capture on demand. Admins can set standard capture time windows for all Users with connected accounts.
Snapshots are processed by AI to identify R&D-relevant work and turn it into a written Evidence Record summarising the nature of the work performed to link it to relevant R&D activity. Non-relevant activity is discarded.
Your team and your nominated tax agent (if applicable) may see the resulting Evidence Records. They do not see raw screenshots of each other’s work.
All data is stored in Australia. AI processing runs on Google Cloud global infrastructure, which may include overseas processing (see RAD’s Data Processing Addendum for details).
RAD does not use your data to train external AI models.
3. Account and Registration
3.1 Account Registration and User Licence
In order to access and use the RAD App, you must register for a RAD account.
RAD will make the RAD App available to you and any nominated Users during
the applicable subscription term, solely for your own internal business purposes.
3.2 Eligibility
In order to open and maintain a RAD account, you hereby represent, warrant, and covenant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which
you reside.
3.3 Credentials
You are responsible for maintaining the confidentiality of your RAD account credentials. You agree to immediately notify RAD of any suspected or unauthorised use of your RAD account. RAD reserves the right to revoke, rotate, or expire any API tokens, client credentials, or other programmatic authentication mechanisms at any time if RAD reasonably believes such credentials have been compromised or are being used in violation of these Terms.
4. Fees, Term, and Termination
4.1 Fees
Some RAD App features may only be accessed and used after payment of applicable Fees. Except as expressly stated in these Terms or as required by applicable law, Fees paid are non-refundable, and payment obligations are non-cancelable.
4.2 Future Functionality
You agree that your purchase of the RAD App is not contingent on the delivery of any future functionality or features, or dependent on any oral or written comments made by RAD regarding future functionality or features.
4.3 Taxes
You are responsible for any Taxes other than RAD’s income tax. Fees and expenses are exclusive of Taxes (including GST), levies, or duties.
4.4 Subscription Term
Your Subscription Term begins once you accept these Terms and sign into your RAD account for the first time, or if purchasing the RAD App by a RAD Order Form, then the Subscription Term listed on your Order Form.
Your Subscription Term ends on completion of the specified commitment term (either one (1) month for monthly subscription option, twelve (12) months for annual subscription option, or such other period as specified on your Order Form, if applicable). You acknowledge that an annual subscription commitment may be charged in twelve (12) monthly instalments for convenience, but the Subscription Term for an annual subscription is a minimum of twelve (12) months, and if terminated earlier, the Fee for the entire Subscription Term becomes due and payable.
4.5 Auto-Renewal
We will give you at least: (a) for annual subscription option, thirty (30) days’ written notice; or (b) for monthly subscription option, 1 days’ written notice before each renewal, setting out the renewal date and the then-current Fees. You may cancel the renewal at any time before the renewal date using the method in clause 4.6, and cancellation takes effect at the end of your then-current Subscription Term. If you do not take any action, your subscription will automatically renew for a new subscription term.
4.6 Cancellation and Termination by You
You can upgrade your plan, cancel your renewal, or delete your RAD account by going to your account Settings and selecting the relevant action from the presented options.
4.7 Termination or Suspension by RAD
We reserve the right to terminate or suspend your access to the RAD App to you on reasonable prior written notice, and only as set out in this clause 4.7. If we terminate or suspend your access to the RAD App without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your access to the RAD App for cause, including (without limitation)
for a violation of these Terms or the End User Licence Agreement (“EULA”).
We will only suspend or terminate for cause immediately where you commit a serious breach of these Terms (including a serious breach of clause 6.2 or the Data Processing Addendum), engage in fraudulent or unlawful conduct, or fail to pay Fees within one (1) day after we notify you of non-payment. For any other material breach, we will give you written notice describing the breach and at least 14 days to remedy it, and will only terminate or suspend if you do not remedy it within that period. We may also terminate for convenience on 30 days’ written notice, in which case we
will refund a pro-rated portion of any prepaid Fees for the unused part of your
then-current Subscription Term. Any suspension will be no broader or longer
than reasonably necessary, and we will restore access promptly once the issue
is resolved.
4.8 Effect of Termination
Once you cancel your RAD account, neither your RAD account nor your Evidence Records can be restored or recovered in any way. [Before cancellation or expiry of your access to the RAD App, you can access any exportable data created using the RAD App via [method].]
Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
5. RAD's obligations to You
5.1 Processing of Data
We will keep your data confidential and store it in Australia, in line with our Privacy Policy and Data Processing Addendum and which form part of these Terms. Some processing activities may occur overseas, as disclosed in the Data Processing Addendum.
Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which
by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
5.2 Treatment of confidential and business information
We will keep your business information, project structures, and any R&D activity captured as your confidential information, including for the purpose of preserving novelty of any invention which may be subject to patent protection, in line clause 8.
5.3 Communication of information relating to RAD App capture
Prior to activating any User account, we will provide Users with a precise written description of data captured by the RAD App, including the type of data captured, the applications monitored, the frequency of capture, who can access the captured data, and the purposes for which it is used.
5.4 Security
We have implemented and maintain physical, technical, and administrative security measures designed to protect the RAD App from unauthorised access, destruction, use, modification, or disclosure. You agree to implement reasonable access controls and authentication mechanisms on the RAD App, including secure identity management.
6. Your obligations
6.1 Tell your Users
The RAD App captures activity from devices used by people who install it. If you are licensing the RAD App on behalf of other Users, you are responsible for the notification and policy steps inside your business. To ensure that you are maintaining your workplace obligations within your jurisdiction, you must:
Let the Users in your organisation know what the RAD App captures, who can see the output, and that taking part as a User is voluntary.
Ensure your internal workplace and privacy policies cover the activity capture described in these Terms, and processing of data by RAD.
Your employee notification must specifically disclose that authorised RAD product and engineering personnel may access captured data for the purposes described in clause 109 of these Terms.
Comply with all applicable Workplace Surveillance Laws and privacy laws before activating the RAD App on any device, and give each affected individual any notice required by law within the timeframe required by law.
Obtain any consents required under applicable law, including express consent under the Privacy Act to the incidental capture of Personal Information and any Sensitive Information that may be visible on a User’s screen while the RAD App is running.
Not activate, or permit a User to use, the RAD App on any individual’s device unless that individual has been given the notices required by law and that individual’s participation is voluntary.
6.2 Acceptable Use
You may access and use the RAD App only for your own internal business purposes, in accordance with these Terms and all applicable laws. You must not, and must not permit any User or other person to:
use the RAD App for any unlawful purpose, in breach of any applicable law, or for any purpose other than capturing R&D evidence to support claims under the Australian R&D Tax Incentive;
attempt to gain unauthorised access to the RAD App, its infrastructure, or any other customer’s data;
reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the RAD App, except to the extent this restriction cannot lawfully be excluded;
copy, modify, or create derivative works of the RAD App, or remove or obscure any proprietary notices;
resell, sublicence, rent, or otherwise make the RAD App available to any third party outside your organisation;
interfere with or disrupt the integrity or performance of the RAD App, or introduce any malicious code; or
share your account credentials with, or allow access by, any person outside your organisation.
We may suspend access in accordance with clause 4.7 where we reasonably believe you or a User have breached this clause.
7. Liability and Disclaimers
7.1 Limitation of Liability
To the extent permitted by applicable law, and except for:
any amounts owed by you as Fees;
your indemnification obligations in these Terms or your breach of clause 6; and
any claims that may not be capped or limited under applicable law,
neither party nor their licensors shall be liable to the other party for any:
direct, indirect, incidental, consequential, punitive, special, exemplary, or statutory damages (including, without limitation, loss of business, loss of profits, loss of revenue, loss of data, loss of goodwill, or for any cost of cover or cost of procurement of substitute goods or services), even if such party has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence, or
amounts in the aggregate that exceed the actual Fees paid by you to RAD during your current subscription term.
The parties agree that the waivers and limitations specified in this clause 7 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
7.2 Liability employee claims
Notwithstanding clause 7.1 above, if a claim is made by a current or former employee arising from data captured by RAD, you will indemnify RAD against any loss, damage, or liability to the extent the claim arises from your failure to provide your employees and Users with legally compliant notices about use of the RAD App, where RAD has met its obligations under clause 5.
7.3 AI-generated outputs; no tax or professional advices
The RAD App uses AI to identify R&D-relevant activity and to generate Evidence Records. You acknowledge and agree that:
AI-generated outputs, including Evidence Records, are drafts produced to support your and your advisor’s review. They may contain errors, omissions, or inaccuracies, and must not be relied on without independent professional review.
RAD uses AI to characterise captured activity as R&D-relevant and to generate written evidence summaries. Unlike the capture processes, these AI-generated summaries are not deterministic: the same inputs may produce different outputs, and outputs may be incomplete or incorrect. They are always a draft for review by you or your advisors, are not a determination of eligibility under the R&D Tax Incentive scheme, and RAD does not warrant their accuracy, completeness, or suitability for any particular claim.
RAD is not a registered tax agent. RAD does not provide tax, accounting, financial, or legal advice, and does not lodge R&D Tax Incentive claims. Whether activity is eligible R&D, and the preparation and lodgement of any claim, remain the responsibility of you and your registered R&D tax advisor.
You are responsible for exercising your own professional judgment, and for obtaining your own professional advice, before relying on any Evidence Record or other output of the RAD App for the purposes of an R&D Tax Incentive claim or any other purpose.
To the maximum extent permitted by law, RAD does not warrant the accuracy, completeness, or fitness for purpose of any AI-generated output, and is not liable for claim outcomes or for any reliance on those outputs beyond their stated purpose as draft evidence records for review.
Nothing in this clause 7.3 excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.
8. Confidentiality and your IP
8.1 Types of confidential information
Nothing in this clause 7.3 excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.
8.2 Keeping confidential information confidential
We will both keep the other party’s confidential information confidential, use it only for the purposes of these Terms and the services provided by the RAD App, and not disclose it to third parties without consent (other than to advisors, employees, or sub-processors who need to know and are under equivalent obligations).
We treat the technical content captured through the RAD App including any
pre-disclosure ideas, hypotheses, experiments, or other information that may
be the subject of future patent applications as strictly confidential.
8.3 Ownership of data and intellectual property
You own your data. We own RAD itself including the software, models, branding, and documentation. Nothing in these Terms transfers ownership of either by using the RAD App.
9. Where your data goes
We disclose who can access data and where it does in our Data Processing Addendum (http://radrnd.com/data-processing-addendum). Any sub-processors will be listed in the Data Processing Addendum.
10. RAD staff access
By accepting these Terms, you agree that:
Authorised RAD support and engineering staff may access your captured data to debug the platform and resolve technical issues.
RAD staff remain under confidentiality obligations. We won’t disclose your data outside of authorised RAD personnel without your consent, except as required by law.
Your data won’t be used to train external AI models, and won’t be used for any purpose other than running, debugging, and improving the RAD App.
11. General
These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of that state.
These Terms do not create an employment, partnership, joint venture, or agency relationship between us.
Changes to these Terms must be in writing and signed by both parties.
These Terms (including the End User License Agreement applicable to Users, the Privacy Policy and Data Processing Addendum referenced herein) constitute the whole agreement between us, and replaces anything entered into previously.
Neither party will be liable for failure or delay in performance due to events beyond its reasonable control including denial-of-service attacks, third-party hosting or utility provider failures, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Neither party may assign these Terms without the prior consent of the other party, except that either party may assign these Terms, with notice to the other party, in connection with the assigning party’s merger, reorganisation, acquisition or other transfer of all or substantially all of its assets or voting securities, provided that the assignee agrees to be bound by these Terms. Any non-permitted assignment or your assignment to a RAD competitor is null and void.
If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms.
If a dispute arises in connection with these Terms, neither party may commence proceedings (other than for urgent injunctive or interlocutory relief) unless: (a) the party claiming a dispute exists has given written notice to the other party specifying the dispute; and (b) the parties have used reasonable endeavours to resolve the dispute through good faith negotiation for at least 20 business days after that notice is given.
Notices under these Terms (including the Data Processing Addendum) must be given in writing by email and are taken to be received on the next business day after sending, unless the sender receives a delivery failure notification:
support@radrnd.com (or privacy@radrnd.com for privacy matters)