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RealMosaic Terms of Service

Effective: 1 January 2026 (Updated March 2026)

These Terms of Service govern access to and use of the RealMosaic platform, including the admin interface, related services, and associated software operated by Subtle Difference.

1. Acceptance of these Terms

By accessing or using RealMosaic, you agree to these Terms of Service and our Privacy Policy. If you are using RealMosaic on behalf of a business, agency, or other organisation, you confirm that you have authority to bind that entity to these Terms.

2. Who we are

RealMosaic, we, us, and our means the RealMosaic platform operated by Subtle Difference. You and your means the individual or entity using the platform.

3. Access to the platform

We grant you a limited, non exclusive, non transferable, revocable right to access and use RealMosaic during your subscription term, solely for your internal business purposes and in accordance with these Terms.

You must ensure that all users accessing your account are authorised by you and comply with these Terms.

4. Accounts and security

You are responsible for maintaining the confidentiality of login credentials and for all activity occurring under your account or under accounts you provision or manage.

You must:

provide accurate account information
keep usernames and passwords secure
promptly notify us of any suspected unauthorised access or security incident
take reasonable steps to manage user access, permissions, and account administration within your organisation

5. Acceptable use

You must not use RealMosaic in any way that is unlawful, misleading, harmful, or likely to interfere with the platform or other users.

You must not:

copy, reverse engineer, decompile, or attempt to extract source code from the platform, except where permitted by law
use automated tools, bots, scripts, or scraping methods to extract data from the platform without our written consent
upload, publish, transmit, or store unlawful, infringing, defamatory, abusive, deceptive, or malicious content
use the platform to send spam, malware, or unauthorised communications
attempt to bypass security, access controls, or usage restrictions
use the platform in a way that may damage, disable, overburden, or impair the service

6. Customer data and content

You retain ownership of the content, records, files, personal information, and other material you submit to or manage through RealMosaic, referred to in these Terms as Customer Data.

You grant us a limited right to host, copy, process, transmit, back up, and otherwise use Customer Data as reasonably required to provide, secure, support, maintain, and improve the platform and related services.

You are responsible for:

the accuracy, legality, quality, and integrity of Customer Data
ensuring you have the necessary rights, permissions, and lawful basis to collect and use that data
your own compliance with privacy, spam, consumer, property, intellectual property, and other applicable laws

7. Privacy and data protection

We handle personal information in accordance with our Privacy Policy and applicable Australian privacy law. Where you use RealMosaic to collect or manage personal information for your own organisation or clients, you remain responsible for that information and for your own privacy compliance.

Where we process personal information on your behalf in connection with the platform, our Data Protection Terms apply in addition to these Terms.

8. Intellectual property

RealMosaic, including its software, interface, structure, features, code, branding, design systems, templates, documentation, and related materials, remains the intellectual property of Subtle Difference or its licensors.

Except for the limited usage rights expressly granted under these Terms, no rights are transferred to you.

8.1 Templates and sample materials

The platform may include templates, sample text, layouts, guides, or other reference materials. These are provided for practical use within RealMosaic only. They do not constitute legal, compliance, or professional advice, and you are responsible for ensuring they are appropriate for your own use.

9. Integrations and third party services

RealMosaic may connect with or rely on third party services, providers, or APIs. Your use of those services may also be subject to separate third party terms and privacy policies.

We are not responsible for third party systems, outages, changing APIs, external service interruptions, or losses caused by third party products or services beyond our reasonable control.

10. Fees, billing, and payment

Subscription fees, setup fees, usage charges, or other agreed amounts are payable in accordance with your plan, proposal, invoice, or other agreed commercial terms.

Unless otherwise agreed in writing:

fees are billed in advance
amounts paid are non refundable except where required by law
you must pay invoices by the due date
we may suspend access for non payment after reasonable notice

If your account is provisioned, billed, or managed through an agency or other intermediary, we may treat that party as the primary commercial contact for billing and administration purposes.

11. Availability, maintenance, and support

We use reasonable efforts to keep RealMosaic available, secure, and operational. However, the platform may be unavailable from time to time due to maintenance, updates, third party failures, security events, infrastructure issues, or matters outside our reasonable control.

Unless expressly agreed in writing, we do not provide any specific uptime commitment, service credit, or guaranteed response time.

12. Backups and data export

We may maintain platform backups and operational recovery processes for service continuity, but you remain responsible for maintaining your own copies of business critical content and data where appropriate.

Subject to the capabilities of the platform and any outstanding amounts owing, you may request an export of Customer Data within a reasonable period after termination. Export formats, scope, and technical limitations may apply.

13. Suspension

We may suspend or restrict access to some or all of the platform where reasonably necessary to:

protect the security, integrity, or operation of the platform
address unlawful activity or a breach of these Terms
prevent harm to us, other users, or third parties
respond to legal or regulatory requirements
address overdue payment after reasonable notice

Where appropriate, we will give notice and an opportunity to remedy the issue before suspension.

14. Termination

You may stop using the platform at any time, subject to any minimum term or billing commitment that applies to your plan or separate commercial agreement.

We may terminate or end access to the platform if:

you materially breach these Terms and fail to remedy that breach within a reasonable period after notice, where a remedy is possible
continued provision of the platform would be unlawful
fees remain unpaid after reasonable notice
we discontinue the relevant service, on reasonable notice where practicable

On termination, your right to use the platform ends. Clauses that by their nature should continue will survive termination, including clauses relating to payment, intellectual property, liability, indemnity, and data handling.

15. Warranties and disclaimers

To the maximum extent permitted by law, RealMosaic is provided on an as available basis. We do not guarantee that the platform will be uninterrupted, error free, or suitable for every workflow, integration, or business purpose.

Any guidance, templates, automation, AI assisted outputs, or sample content provided through the platform are for assistance only. You remain responsible for reviewing and approving all outputs before use.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, or other right that cannot lawfully be excluded under applicable law, including the Australian Consumer Law.

16. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, exemplary, or consequential loss, or for any loss of profit, revenue, goodwill, business opportunity, anticipated savings, or data loss.

To the maximum extent permitted by law, where any service supplied by us fails to meet a condition, warranty, or guarantee that cannot lawfully be excluded, our liability is limited, at our option, to one or more of the following:

supplying the relevant service again
repairing, correcting, or restoring the affected service, platform function, or data, where reasonably possible
providing a refund or credit for the affected portion of the service

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the platform or these Terms is limited to the greater of:

100 Australian dollars, or
the fees actually received by us for the affected service in the 3 months before the event giving rise to the claim

This limitation does not apply to liability that cannot lawfully be excluded or limited.

17. Indemnity

You indemnify us against claims, losses, liabilities, damages, and costs arising from:

your breach of these Terms
your misuse of the platform
Customer Data you submit, publish, transmit, or store through the platform
your infringement of any third party right or breach of law

This clause applies to the extent the claim or loss arises from your acts, omissions, content, or instructions.

18. Beta features and AI assisted functionality

We may offer beta, preview, trial, or experimental features from time to time. These features may be incomplete, changed, interrupted, or withdrawn without notice and may be subject to additional terms.

AI assisted features are provided as support tools only and are not a substitute for human review, legal review, or professional judgement.

19. Changes to these Terms

We may update these Terms from time to time. The updated version will be published in the admin area with a revised effective or updated date. Continued use of the platform after an update takes effect will constitute acceptance of the revised Terms.

20. Governing law

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

21. Contact

Questions about these Terms may be submitted through the Help Desk.

Privacy Policy

Effective: 1 January 2026 (Updated March 2026)

This Privacy Policy explains how Subtle Difference, as the owner and operator of RealMosaic, collects, uses, stores, and discloses personal information in connection with the RealMosaic platform, including the admin interface, related services, support, and account management.

This Privacy Policy forms part of our Terms of Service.

1. Who we are

RealMosaic, we, us, and our means the RealMosaic platform operated by Subtle Difference.

We are committed to handling personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

2. Scope of this Policy

This Privacy Policy applies to personal information we collect and handle through the RealMosaic platform, including when you:

create or use an account
log in to the admin area
submit forms, upload content, or manage records through the platform
contact us for support, billing, onboarding, or operational assistance
use connected features, integrations, or related services

Where RealMosaic customers use the platform to collect or manage personal information for their own organisations or clients, they remain responsible for that information and for their own privacy compliance. In those cases, RealMosaic may handle that information on the customer’s behalf as a service provider, subject to our Terms of Service and Data Protection Terms.

3. What we collect

We may collect the following types of personal information:

Account information, such as name, email address, phone number, business name, role, username, and account status
Platform and admin information, such as user IDs, permissions, audit logs, login activity, content changes, and administrative actions
Support and communication records, such as enquiries, tickets, messages, meeting notes, onboarding details, and billing correspondence
Technical information, such as IP address, browser type, device information, session data, timestamps, and security or diagnostic logs
Content and uploaded material, such as files, media, records, form submissions, and other information entered into the platform
Integration related information, where you connect third party services or authorise data exchange with external systems

4. How we collect information

We collect personal information when you:

create an account or are provisioned on the platform
log in, use the admin area, or interact with platform features
submit forms, upload content, or manage data within the platform
contact us for support, demos, setup, training, or account assistance
use the website or platform, where certain technical data may be collected automatically
connect third party services or authorise integrations

We may also receive information from agencies, account owners, authorised administrators, or other parties who provision or manage your access to RealMosaic.

5. How we use information

We use personal information to:

set up, operate, maintain, and support the platform
manage accounts, permissions, user access, and administrative controls
process support requests, enquiries, demos, onboarding, and account communications
monitor security, investigate incidents, prevent misuse, and protect platform integrity
maintain logs, records, backups, and auditing processes relevant to the operation of the service
improve reliability, performance, functionality, and user experience
comply with legal, regulatory, contractual, and operational obligations

6. Disclosure of information

We may disclose personal information to trusted third parties where reasonably required to provide, maintain, secure, or support the platform, including providers involved in hosting, infrastructure, storage, backups, email delivery, analytics, and security services.

We may also disclose information:

to account owners, agencies, or authorised administrators who manage access to the relevant RealMosaic account
where required by law, regulation, court order, or lawful request
where reasonably necessary to protect our rights, systems, users, or services
in connection with a business restructure, sale, or transfer, where permitted by law

We do not sell personal information.

7. International data transfers

Some service providers used in connection with RealMosaic may store or process information outside Australia. Where this occurs, we take reasonable steps to ensure personal information is handled in a manner consistent with applicable privacy obligations and appropriate safeguards are in place.

8. Cookies, sessions, and analytics

We may use cookies, sessions, and similar technologies to operate the platform, maintain secure logins, remember preferences, improve performance, and understand platform usage. You can control cookies through your browser settings, although some functionality may be affected if cookies are disabled.

9. Platform data and customer responsibility

Where a customer, agency, or other organisation uses RealMosaic to collect or manage personal information for its own business or clients, that party remains responsible for:

providing required privacy notices
obtaining any necessary consents or permissions
ensuring lawful collection and use of personal information
responding to access, correction, or deletion requests relating to data they control

In those cases, RealMosaic may process, store, transmit, or secure that information on the customer’s behalf in order to provide the platform and related services.

10. Security

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. These steps may include access controls, authentication measures, logging, monitoring, backups, and security tooling appropriate to the nature of the service. No method of transmission or storage is completely secure.

11. Data retention

We keep personal information only for as long as reasonably needed for the purposes described in this Privacy Policy, or as required by law. We may retain records where reasonably necessary for security, auditing, backups, incident investigation, dispute resolution, legal compliance, and operational integrity.

12. Access and correction

You may request access to, or correction of, personal information we hold about you. We may need to verify your identity before processing your request. In some cases, legal, security, or operational limitations may affect how we can respond.

If your information is held within a RealMosaic account managed by an agency, client, or account owner, we may direct your request to the relevant account controller where appropriate.

13. Complaints

If you have a privacy complaint, contact us first and we will work to resolve it. If you are not satisfied, you may contact the Office of the Australian Information Commissioner, or OAIC.

14. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes to our services, practices, or legal obligations. The updated version will be published in the admin area with a revised effective or updated date.

15. Contact

Privacy enquiries, requests, or complaints may be submitted through the Help Desk.

Data Protection Terms

Effective: 1 January 2026 (Updated March 2026)

These Data Protection Terms apply where Subtle Difference, as the owner and operator of RealMosaic, processes personal information on behalf of a customer in connection with the RealMosaic platform and related services.

These Data Protection Terms form part of the RealMosaic Terms of Service and should be read together with our Privacy Policy.

1. Purpose and scope

These terms explain how personal information is handled where a customer uses RealMosaic to collect, store, manage, publish, or otherwise process personal information through the platform.

They apply to personal information processed by us on behalf of a customer in connection with the operation, support, maintenance, security, and improvement of the platform.

2. Roles of the parties

For the purposes of these Data Protection Terms:

Customer means the agency, business, organisation, or other account holder using RealMosaic
RealMosaic, we, us, and our means the RealMosaic platform operated by Subtle Difference
Customer Personal Information means personal information processed by us on behalf of the customer through the platform

As between the parties, the customer is responsible for determining what personal information is collected and how it is used. RealMosaic acts as a service provider in processing Customer Personal Information for the customer in connection with the platform.

3. Customer responsibilities

The customer is responsible for:

ensuring it has a lawful basis to collect, use, disclose, and provide Customer Personal Information to RealMosaic
providing any required privacy notices, disclosures, or consents
ensuring its use of the platform complies with applicable privacy, spam, and related laws
determining what data is entered into the platform and how long it should be retained
responding to requests for access, correction, deletion, or complaints from individuals whose data the customer controls

4. How we process Customer Personal Information

We will process Customer Personal Information only as reasonably necessary to:

provide, host, operate, maintain, and support the platform
store, transmit, organise, display, back up, and secure customer data within the platform
manage user access, permissions, support requests, and account administration
investigate incidents, prevent misuse, protect service integrity, and maintain security
comply with applicable law or binding legal requirements

We do not acquire ownership of Customer Personal Information by processing it on the customer’s behalf.

5. Disclosure and sub processing

We may disclose or make Customer Personal Information available to trusted third party providers where reasonably necessary to operate, maintain, secure, support, or improve the platform, including providers involved in hosting, infrastructure, storage, backups, email delivery, analytics, and security services.

We will take reasonable steps to ensure such providers are engaged on terms appropriate to the nature of the services they perform.

We may also disclose Customer Personal Information where required by law, regulation, court order, or lawful request.

6. International handling

Some providers used in connection with RealMosaic may store or process information outside Australia. Where this occurs, we take reasonable steps to ensure Customer Personal Information is handled in a manner consistent with applicable privacy obligations and appropriate safeguards are in place.

7. Security measures

We take reasonable steps to protect Customer Personal Information from misuse, interference, loss, unauthorised access, modification, or disclosure. These measures may include access controls, authentication measures, logging, monitoring, backups, and security tooling appropriate to the nature of the platform.

No method of transmission or storage is completely secure, and we do not guarantee absolute security.

8. Access controls and confidentiality

Access to Customer Personal Information is limited to personnel, contractors, and service providers who reasonably require access for platform operation, support, security, development, or related service delivery.

We take reasonable steps to ensure that persons authorised to access Customer Personal Information are subject to confidentiality obligations or duties appropriate to their role.

9. Data incidents and breach response

If we become aware of a data incident affecting Customer Personal Information, we will take reasonable steps to contain, investigate, and respond to the incident.

Where reasonably necessary, we will notify the relevant customer and provide information reasonably available to us about the nature of the incident and the steps being taken in response.

Nothing in these terms prevents either party from complying with its own legal obligations relating to eligible data breaches or notifiable incidents.

10. Assistance to customers

Where reasonably practicable and appropriate having regard to the nature of the platform and the information available to us, we may assist a customer to respond to privacy related requests, incidents, or compliance enquiries relating to Customer Personal Information processed through RealMosaic.

Such assistance may be subject to technical feasibility, platform limitations, security requirements, and reasonable charges where work falls outside ordinary support.

11. Retention and deletion

Customer Personal Information will generally be retained for as long as required to provide the platform, maintain service continuity, support account operations, comply with legal obligations, and protect security and operational integrity.

Following termination of the relevant service, the customer may request an export of available data within a reasonable period, subject to platform capabilities, security requirements, and any outstanding amounts owing.

We may then delete, archive, or de identify Customer Personal Information in accordance with our operational practices, legal obligations, and backup cycles.

12. Customer instructions

The customer authorises us to process Customer Personal Information as necessary to provide the platform and related services in accordance with the Terms of Service, these Data Protection Terms, the customer’s use of the platform, and other lawful instructions agreed between the parties.

We are not obliged to follow an instruction that is unlawful, technically impracticable, inconsistent with the platform’s operation, or likely to compromise security, privacy, or service integrity.

13. Third party services and integrations

Where the customer connects RealMosaic to third party systems, services, or integrations, the customer is responsible for assessing the privacy and security suitability of those external services and for ensuring it has authority to exchange data with them.

We are not responsible for the privacy practices, security, availability, or performance of third party services outside our reasonable control.

14. Changes to these terms

We may update these Data Protection Terms from time to time to reflect changes to the platform, our services, operational practices, or legal obligations. The updated version will be published in the admin area with a revised effective or updated date.

15. Contact

Questions about these Data Protection Terms may be submitted through the Help Desk.