Subscriber Agreement and Terms of Service

Product: AI Adoption Pulse (the "Service") Provider: Behaviture ("we", "us"). Behaviture is an early-stage business established in the Czech Republic, with company registration in progress. Until registration completes, the provider under these documents is the individual operating Behaviture, whose full legal name and registered address are supplied on request and are confirmed in writing to every customer before any fee becomes payable. Version: 1.0 · Effective: 7 August 2026

1. Agreement to these terms

By creating an account, accepting an invitation to an existing account, purchasing a subscription, or otherwise using the Service, the organization on whose behalf you act ("Customer", "you") agrees to these terms. If you accept on behalf of an organization, you confirm that you are authorized to bind it. If you do not agree, do not use the Service.

These terms incorporate the Privacy Notice and, for personal data we process on your behalf, the Data Processing Addendum ("DPA"). Both are presented with these terms and are available at any time from within the Service.

Business use only. The Service is offered to organizations acting in the course of business. It is not offered to consumers, and it is not intended for personal or household use.

2. Definitions

Service — the AI Adoption Pulse web application, APIs, reports, and related services we make available.
Customer Data — data submitted to the Service by or for you, including organization configuration, approved-tool inventories, rosters, and aggregate results.
Respondent — an individual, typically one of your employees, who completes a survey. Respondents hold no account and take part only through a single-purpose link.
Respondent Content — an individual's survey answers and any free text they submit.
Add-on Module — an optional purchasable capability, such as Agentic AI Readiness, EU AI Act Readiness, or Job and Capability Analysis.
Subscription Term — the period for which a plan or add-on is purchased.

3. Accounts and access

3.1 You are responsible for keeping account credentials confidential and for all activity under your accounts.

3.2 Access is role-based. You provision and deprovision your own administrators and are responsible for the accuracy of any roster you upload.

3.3 You must have a lawful basis to invite your Respondents, and must give them any notice or obtain any consent your own law requires. This is your responsibility as controller, not ours — see the DPA.

3.4 Everyone who holds an account must accept these terms and the Privacy Notice before using the Service. We record who accepted which version and when.

4. Subscriptions, billing, and renewals

4.1 Plans and add-ons. Fees, response limits, campaign limits, and included modules are those shown at the point of purchase or in an applicable order form. Plan configuration is data-driven and may change for future Subscription Terms.

4.2 Pulse billing. Unless an order form says otherwise, subscriptions are billed per semiannual Subscription Term, matching the Service's pulse cadence.

4.3 Payment. Where online payment is enabled, a third-party payment processor handles it. We do not store full card details. Access to paid capabilities is granted only once payment is confirmed by a verified processor event — never by a browser redirect alone.

4.4 Cancellation. You may cancel at any time. On cancellation you keep access to the paid capabilities through the end of the Subscription Term you have already paid for, after which access lapses automatically. Except where the law requires otherwise, fees already paid are not refunded.

4.5 Pilot and trial access. We may grant time-boxed pilot or trial access. Such access expires automatically at the end of the granted window and creates no ongoing entitlement. Where a separate pilot agreement applies, it governs the commercial terms of that pilot.

4.6 Taxes. Fees exclude taxes, which are your responsibility except for taxes on our income.

5. Acceptable use

You will not, and will not permit any user to:

use the Service to surveil, monitor the individual performance of, discipline, or retaliate against any Respondent. The Service is an enablement and organizational-learning tool and must not be presented to employees or used as an individual-monitoring or disciplinary system;
attempt to re-identify individual Respondents, or defeat the Service's minimum-group-size and privacy protections, including by combining exports, filters, or repeated queries to isolate an individual;
upload unlawful, infringing, or malicious content, or data you have no right to submit;
reverse engineer, resell, or make the Service available to third parties except as expressly permitted;
probe, scan, or overload the Service, or bypass usage limits or access controls.

Breach of the first two bullets is a material breach. They are the promises the Service makes to your employees, and we enforce them.

6. Privacy, individual data, and anonymity

6.1 Respondent anonymity is a design property, not a policy. Individual survey answers and scores are not exposed to your administrators. Administrators see completion status and privacy-protected aggregates only, and groups below the minimum reporting threshold are withheld.

6.2 Irreversible anonymization. At survey completion the link between an invitation and the submitted answers is severed by design. As a result we may be unable to locate or delete an individual Respondent's answers by that individual's identity, because the answers are no longer associated with it. We disclose this openly; it applies to data-subject requests directed at severed Respondent Content, and it is a consequence of the privacy guarantee, not a limitation of our diligence.

6.3 Processing roles. For Customer Data and Respondent Content we process on your behalf, we act as processor and you act as controller, governed by the DPA. We act as controller for account, billing, and Service-operation data, as described in the Privacy Notice.

6.4 AI and LLM boundaries. Scoring and recommendation selection are deterministic and versioned. Where a large language model helps phrase report prose, it receives only minimized, above-threshold aggregate data. It never receives identities, tokens, IP addresses, or small-cohort data.

7. Customer Data and rights

7.1 As between us, you own Customer Data. You grant us a limited licence to host, process, and use it solely to provide, secure, and improve the Service, consistent with the Privacy Notice and the DPA.

7.2 We may use aggregated, de-identified data that identifies neither you, nor any individual, nor any Respondent, for benchmarking, research, and product improvement. Free-text Respondent Content is excluded from this use. You may opt out of contributing to cross-customer benchmark datasets by writing to sales@behaviture.com; opting out does not affect your use of the Service.

8. Intellectual property

8.1 The Service, including its scoring methodology, interpretation engine, software, and documentation, remains our property and that of our licensors. No rights are granted except the limited right to use the Service during the Subscription Term.

8.2 Feedback. If you give us suggestions, we may use them without restriction or obligation to you.

8.3 Reports. Generated reports are licensed to you for your internal business use, and you may share them within your own organization.

9. Service levels, changes, and beta features

9.1 We aim to provide the Service with reasonable skill and care. We do not guarantee uninterrupted or error-free operation, and during our early phase we offer no contractual uptime commitment unless an order form states one.

9.2 We may modify or discontinue features. We will give advance notice of materially adverse changes to a paid capability during a Subscription Term you have paid for, where practicable.

9.3 Features marked draft, beta, or preview are provided as-is and may change or be withdrawn.

10. Compliance mappings are not legal advice

The Service may present mappings to frameworks such as the EU AI Act or the NIST AI Risk Management Framework, and may raise risk flags. These are informational readiness aids and prompts for human review — not legal classifications, certifications, audits, or advice. You remain solely responsible for your own legal and regulatory compliance and should obtain independent professional advice. Nothing generated by the Service is a substitute for it.

11. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service with at least reasonable care, and use it only to perform under these terms. This does not apply to information that is public through no fault of the recipient, was already lawfully known, is independently developed, or must be disclosed by law — and in that last case the recipient will give notice where it lawfully can.

12. Warranties and disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service's outputs are suitable for any particular decision without independent verification, and you should not make an employment decision about an individual on the basis of them — the Service is built specifically so that it cannot support one.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS OR LOST DATA. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE FEES PAID OR PAYABLE BY YOU FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (b) EUR 100.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, for wilful misconduct, or for death or personal injury caused by negligence. Nothing limits either party's obligations under applicable data-protection law.

14. Indemnification

14.1 You will defend and indemnify us against third-party claims arising from Customer Data, from your use of the Service in breach of section 5, or from your failure to provide notices or obtain permissions required for you to invite your Respondents.

14.2 We will defend and indemnify you against third-party claims that the Service as provided by us infringes that third party's intellectual property rights, excluding claims arising from Customer Data, from modifications not made by us, or from use of the Service in combination with anything we did not supply.

14.3 In each case the indemnified party must give prompt notice, allow the indemnifying party to control the defence, and provide reasonable cooperation.

15. Term and termination

15.1 These terms apply for as long as you use the Service or hold an active subscription.

15.2 Either party may terminate for the other's material breach that is not cured within 30 days of written notice.

15.3 On termination your right to use the Service ends. We will make Customer Data available for export for 30 days, after which we may delete it in accordance with the Privacy Notice, the DPA, and our retention policy — except for severed anonymous Respondent Content, which section 6.2 explains we cannot locate by identity, and data we must retain by law.

16. Suspension

We may suspend access where necessary to protect the Service or other customers, for non-payment, or for a material breach of section 5. We will give notice where practicable, and will restore access promptly once the cause is resolved.

17. Changes to these terms

We may update these terms. When we do, we publish a new version with its own effective date and ask you to accept it in the Service before you continue to use it. We will give notice of material changes by email or in the Service before they take effect. Your recorded acceptance always names the version you accepted.

18. Governing law and disputes

These terms are governed by the laws of the Czech Republic, and the parties submit to the exclusive jurisdiction of its courts, without regard to conflict-of-laws rules. The parties will attempt in good faith to resolve any dispute by discussion before starting proceedings.

19. General

19.1 Entire agreement. These terms, the Privacy Notice, the DPA, and any order form or pilot agreement are the entire agreement between us and supersede prior discussions. Where a pilot agreement and these terms conflict on pilot-specific commercial terms, the pilot agreement controls.

19.2 Assignment. Neither party may assign without the other's consent, except to an affiliate or in connection with a merger or a sale of substantially all assets.

19.3 Severability and waiver. If a provision is unenforceable, the rest remain in effect. A failure to enforce is not a waiver.

19.4 Force majeure. Neither party is liable for delay caused by events beyond its reasonable control.

19.5 Notices. Notices to us: legal@behaviture.com. Notices to you: the account's primary administrator email address.

Questions about these terms: sales@behaviture.com · https://behaviture.com