Terms of Service | Consystence

1. Agreement to these terms

These Terms of Service (the "Terms") are between you and Consystence Pty Ltd (ABN 88 683 701 359) ("Consystence", "we", "us") and govern your access to and use of the Consystence platform, software, websites, APIs, and documentation (together, the "Services"). By creating an account, provisioning a tenant, installing our software, or using the Services, you agree to these Terms. If you use the Services on behalf of an organisation, you represent that you are authorised to bind it, and "you" includes that organisation.

If your organisation has a separately signed agreement with Consystence (for example an enterprise or pilot agreement), that agreement prevails over these Terms to the extent of any inconsistency.

2. The Services

Consystence is an industrial operations platform for building, simulating, and operating industrial processes: device-type authoring, closed-loop simulation, server-driven operator screens, a provenance historian, organisation and fleet management, and an advisory AI tier. The Services span:

Cloud services — the account service (account.consystence.com) and your organisation's cloud tenant at yourorg.consystence.com oryourorg.consystence.dev, hosted in Azure Australia East;
Self-hosted software — the site server and edge runtime you install on your own infrastructure, and the csy command-line client (together, the "Software");
APIs, SDK, documentation, and support channels.

Control-path principle. Any control action reaches equipment through your programmable logic controllers on their established deterministic paths. The AI tier is advisory and diagnostic only: it reads and explains, and has no pathway to command equipment.

3. Early access

The Services are in an early-access (beta) phase. During this phase: features may change, be withdrawn, or behave inconsistently with documentation; availability is provided on a reasonable-endeavours basis without service-level commitments; and we may apply and adjust usage limits (such as sandbox quotas and rate limits) to protect the platform. The beta is provided for evaluation, device-type authoring and simulation, and supervised commissioning trials alongside your existing control systems — it isnot intended for production control of live plant while the Services remain in beta. Where we materially reduce what a paid subscription includes, you may terminate and receive a pro-rata refund of prepaid, unused fees.

4. Accounts and access

Sign-in uses Microsoft Entra External ID (OpenID Connect) — there are no Consystence passwords. Individual accounts may self-serve a free sandbox; organisation tiers are approval-gated. You must provide accurate information and keep your sign-in and any connected identity secure.

You are responsible for activity under your organisation's accounts, including:

Roles you grant. Owners and admins you appoint can manage members, commission equipment, and issue credentials. Appoint them deliberately.
Credentials shown once. API keys, invitation links, and site activation codes are displayed a single time and stored by us only in hashed form. You are responsible for conveying and storing them securely; anyone who presents them gets the access they carry.
Site operator accounts. Local operator accounts on your site servers (including site PINs) are created and administered by your organisation on your infrastructure.
Notifying us promptly of any suspected unauthorised access atsecurity@consystence.com.

5. Plans, billing, and suspension

Free sandbox — a personal sandbox tenant for individual accounts, for evaluation, device-type authoring, and simulation. Quotas and rate limits apply and may change. Sandboxes are not for production operation of real plant.
Integrator and Enterprise — organisation tiers, approval-gated, priced per engagement or as set out in your order. Every tier carries a metered advisory-AI allowance; the largest advisory-model allowance is an Enterprise capability, and paid Enterprise subscriptions are covered by ourService Level Agreement.

Paid subscriptions and licence seats are billed through Stripe. Fees are exclusive of GST unless stated; you are responsible for applicable taxes. If a subscription payment fails, a grace period applies while the subscription is past due; if it is cancelled or remains unpaid, your organisation's cloud tenant is suspended and becomes unreachable until payment resumes. Suspension preserves tenant data; resubscribing restores access. We may also suspend access immediately where reasonably necessary to address a security risk, legal requirement, or serious breach of these Terms, and will tell you why unless prevented by law.

6. Software licence (site server, edge, CLI)

We grant you a non-exclusive, non-transferable licence to install and run the Software on your own infrastructure for your internal business purposes, in accordance with these Terms, your subscription tier, and any seat entitlements in your order. Site servers activate against your organisation with a one-time activation code; licence artifacts are cryptographically bound to the installation.

You must not:

circumvent, disable, or interfere with activation, licence enforcement, or the advisory-only boundary of the AI tier;
reverse engineer, decompile, or disassemble the Software except to the extent a right to do so cannot lawfully be excluded;
sublicense, rent, or provide the Software or Services to third parties as a bureau or managed offering without a written agreement with us.

Releases are published with checksums and signatures; verify them. You are responsible for the infrastructure the Software runs on — including host security, backups, and key material (for example, loss of a site server's data-protection keys can make locally-stored secrets unrecoverable).

7. Your data

You retain all rights in data your organisation submits to or generates in the Services — plant telemetry, historian data, process and electrical models, device types you author, and operational records ("Customer Data"). You grant Consystence a non-exclusive licence to host, process, transmit, and display Customer Data solely to provide, secure, and support the Services. Customer platform data is hosted in Azure Australia East; data held by Software on your own servers stays on your infrastructure except what you configure to sync to your cloud tenant. We handle personal information as described in ourPrivacy Policy, and where we process personal data on your behalf, our Data Processing Agreement applies.

You are responsible for having the necessary rights to the data you connect to the platform, including telling your personnel about operational audit records (commands, acknowledgements, and AI usage are attributed to the acting user by design).

The Services provide export mechanisms (including tenant configuration export and historian APIs). On written request following termination, we will delete or de-identify your organisation's Customer Data within a reasonable period, except records we must retain by law or that are reasonably required as audit evidence.

8. AI advisory tier

Advisory only. AI output is informational. It does not and cannot issue commands to equipment, and you must not attempt to wire it into a control path.
Human judgement required. AI output may be inaccurate or incomplete. Qualified personnel must evaluate it before acting, and it must never be the basis for a safety-related decision.
Providers. Inference runs with the model providers and in the regions disclosed in our Privacy Policy. We do not use your data or prompts to train models.

9. Industrial use and safety responsibilities

This section survives anything else in these Terms. The platform supervises and operates industrial equipment, and the division of responsibility must be explicit:

Not a safety system. The Services are not a safety instrumented system and are not rated or certified to functional-safety standards (such as IEC 61508/61511). Emergency stops, protection functions, and all hard safety interlocks must be implemented and remain in your controllers, I/O hardware, safety relays, and protection devices — never in the Services.
Engineering remains yours. You are responsible for the correctness of your control logic, device-type definitions, tag mappings, alarm configuration, and commissioning; for validating behaviour in simulation and controlled commissioning before production use; and for compliance with the laws, standards, and site rules that apply to your facility.
Operations remain yours. Commands issued through the platform are issued by your personnel under your authority. You must ensure operators are trained, competent, and authorised.
Connectivity is not guaranteed. Monitoring and command paths depend on networks and services that can fail or lag (edge buffering delivers data late rather than never). Do not rely on the Services as the sole means of observing or intervening in a process whose failure could cause injury, death, or material damage.
Network segmentation. You must deploy site servers and edge devices on appropriately segmented networks in line with our documentation, and control physical and network access to them.

10. Acceptable use

You must not:

use the Services for any unlawful purpose;
attempt to access another tenant's data or to defeat tenant isolation, authentication, or rate limits;
probe or test the security of the Services without our prior written consent;
interfere with or disrupt the integrity or performance of the Services;
submit data you lack the rights to process;
misrepresent device types or other content you publish for use by other organisations.

11. Intellectual property

We own the Services and Software, and all associated intellectual property; no ownership transfers to you. You own your Customer Data and the device types and configurations you author. If you give us feedback, we may use it without obligation. Third-party and open-source components remain subject to their own licences.

12. Confidentiality

Each party must protect the other's confidential information with at least reasonable care, use it only for purposes of the Services relationship, and disclose it only to personnel and advisers who need it, or where required by law.

13. Warranties and the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies those guarantees or any other right you have that we cannot lawfully limit.

Subject to that, the Services are provided "as is" during early access, and we do not warrant they will be uninterrupted, error-free, or fit for any purpose beyond what is expressly stated — in particular the safety-responsibility allocation in section 9. Where legislation permits us to limit our liability for breach of a non-excludable guarantee, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.

14. Liability

To the maximum extent permitted by law, and subject to section 13: (a) neither party is liable for indirect or consequential loss, loss of profits or revenue, loss of data, or business interruption; (b) we are not liable for loss arising from plant or process outcomes to the extent it results from your responsibilities under section 9 (including safety functions not implemented in your control layer, unvalidated engineering, or reliance on the Services as a sole means of observation or intervention); and (c) our total aggregate liability under these Terms is capped at the amounts you paid for the Services in the 12 months before the event giving rise to the claim (or AUD $100 where you have paid nothing). Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud.

15. Indemnity

You indemnify us against third-party claims to the extent they arise from your Customer Data, your breach of section 9 or 10, or your unlawful use of the Services — except to the extent we caused the loss. If a third party claims the Services infringe their intellectual property, we will defend that claim or modify or replace the affected Service, and this section states your exclusive remedy for such claims.

16. Termination

You may stop using the Services and cancel subscriptions at any time; organisation owners may delete tenants from the account console (deletion is confirmed, immediate, and irreversible). We may terminate or suspend for material breach (with notice and a reasonable cure period where the breach is curable), for non-payment after the grace period in section 5, or where required by law. After termination, section 7 governs data export and deletion; sections 9 and 11 to 18 survive.

17. Changes, notices, and general

We may update these Terms; material changes will be notified to organisation owners at their account email and posted here at least 14 days before taking effect (except changes required by law or urgent security need). Continued use after the effective date is acceptance. Notices to us go tolegal@consystence.com. Neither party is liable for delay caused by events beyond its reasonable control. If a provision is unenforceable, the remainder stands. These Terms plus your order and ourPrivacy Policy are the entire agreement for the Services.

18. Governing law

These Terms are governed by the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

19. Contact

Questions about these Terms:legal@consystence.com, or by post: Consystence Pty Ltd, GPO Box 2120, Brisbane QLD 4001, Australia.