Master Service Agreement
(Last updated: 24 July 2025 – v1.1)
This page outlines two related by distinct agreements:
- Master Service Agreement (MSA) – Defines the overall terms of service between you and Declarative Technologies, including what we provide, your responsibilities, pricing, support tiers, liability limits, and termination conditions. It serves the role of a traditional Master License Agreement (MLA) in describing software use – but because our software is released under strong Copyleft licenses (GPL-3.0, AGPL-3.0, etc.), we do not license usage rights directly. Therefore, this agreement is focused on services, not licensing, and is appropriately named an MSA.
- Service Level Agreement (SLA) – Details the specific performance standards, response targets, support entitlements, and remedies associated with each subscription tier. It is incorporated by reference into the MSA and governs how well we commit to delivering those services.
In short:
– The MSA defines the relationship.
– The SLA defines the performance.
1 Purpose & Scope
This agreement sets out—in straightforward language—what we provide, what you receive, and the remedies available if either party fails to meet its obligations. It applies to all DeclarativeOS images, subscription plans, and related services supplied by Declarative Technologies Pty Ltd (“DT”, “we”, “us”).
2 Freedom Clause
- Copyleft for life. All software we distribute is licensed under strong Copyleft licences (GPL‑3.0, AGPL‑3.0, etc.); once installed you may run, study, modify, and share it indefinitely without further payment.
- Subscription = goodwill, not ransom. An active subscription funds security patches, feature development, and support. Cancelling does not disable the software, but it changes your support entitlements (see §3–4).
3 Subscription Entitlements
| Tier | Remote Support* | Emergency Hours | SLA | Additional Benefits |
|---|---|---|---|---|
| Trial | Basic e‑mail Q&A | – | Best‑effort | Bootable SSD loan |
| Base | Unlimited e‑mail | 1 h / mth | 72 h | Daily security updates |
| Standard | Up to 2 h / mth | +2 h (3 h total) | 24 h | Two package requests / mth |
| Business† | Up to 4 h / mth | +3 h (6 h total) | 12 h | Five package requests / mth; roadmap priority |
| Enterprise† | Fair‑use | +4 h (10 h total) | 4 h | 24 × 7 hotline; dedicated engineer |
*Support hours reset at 23:59 AEST on the last calendar day of each month; unused hours do not roll over.
†These tiers are planned for a future release and are currently open for expressions of interest only.
4 Out‑of‑Subscription & Excess Usage Rates
- Remote break–fix: AU $250 per hour (one‑hour minimum, then billed in 30‑minute increments).
- Emergency patch deployment: AU $600 per incident.
- On‑site work (more than one‑hour drive from Port Macquarie): AU $950 per field day plus travel at cost.
- Dedicated chat channel (Slack or Matrix): AU $600 per month.
- Feature Fast‑Track and Custom Module Development rates are published on our Pricing page and incorporated by reference.
All ad‑hoc work is either prepaid or, at DT’s discretion, due seven (7) days from invoice. Overdue amounts accrue interest at 1.5 % per month, and services may be suspended until payment is received.
5 Client Responsibilities
- Back‑ups. Maintain current and tested back‑ups of your data. DT is not responsible for data loss arising from inadequate back‑up practices.
- Co‑operation. Provide timely access, information, and reasonable assistance so we can deliver services efficiently.
- Professional conduct. Treat DT personnel respectfully and comply with applicable laws. Abuse, harassment, or non‑payment constitutes material breach.
6 Warranty & Liability
- Warranty. DT warrants that it will perform services with commercially reasonable skill and care. No other warranties—express or implied—are provided.
- Limitation of liability. To the maximum extent permitted by law, DT’s aggregate liability for any claim under or in connection with this agreement is limited to the lesser of (a) the fees paid by you to DT in the preceding ninety (90) days, or (b) AU $10 000.
- Exclusion of consequential loss. DT is not liable for indirect, special, or consequential damages, including loss of profit or data.
7 Termination
Either party may terminate this agreement at any time by written notice. If you terminate, services continue until the end of the current billing period; no refunds are provided. DT may suspend or terminate services immediately for non‑payment or material breach. Sections 5–10 survive termination.
8 Confidentiality & Privacy
Each party must keep the other’s confidential information secure and use it only for the purposes of this agreement. DT’s handling of personal data is described in its separate Privacy Policy.
9 Governing Law
This agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of NSW.
10 Entire Agreement & Amendments
This document, together with any executed order forms or statements of work, constitutes the entire agreement between the parties. Declarative Technologies may amend these terms by giving at least thirty (30) days’ written notice. Continued use of the services after the notice period constitutes acceptance of the amended terms.
By signing below (physically or electronically), the parties acknowledge that they have read, understood, and agree to be bound by this Service Agreement.
Client Authorised Representative: _________________________ Date: ____________
Declarative Technologies Pty Ltd: _________________________ Date: ____________