Terms of Service

Last updated: 29 September 2026

These Terms of Service (“Terms”) govern your use of the Maelstrom AI website and the downpipes product (collectively, the “Services”). Maelstrom AI Pty Ltd ATF Maelstrom AI Holding Trust (ABN 61 633 823 792) (“we”, “us”, “our”) operates the Services. Our address is PO Box 169, St Arnaud VIC 3478, Australia.

By using our Services, you agree to these Terms. If you do not agree, please do not use the Services.

Scope of these Terms. Maelstrom AI runs one ISMS over its downpipes platform and its support platform.

• downpipes, no-custody backup and disaster recovery for the Cloudflare data layer. Available now.
• Our support platform, used internally, not a separately offered product.

These Terms govern the Maelstrom AI website and your use of downpipes. downpipes runs in your own Cloudflare account under your own keys. The downpipes engine and console are source-available under the Elastic License 2.0, and the offline reader is MIT-licensed. The licence terms ship with the software and are not part of these Terms. Our support platform has no separate Terms of Service; support interactions are described in the Privacy Policy.

1. Description of Services

The Services include:

• Website: An informational website about Maelstrom AI’s products at maelstrom.au.
• downpipes: No-custody backup and disaster recovery software for the Cloudflare data layer, available now, that you deploy into your own Cloudflare account.

2. Your Consumer Rights

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) or any other applicable Australian consumer protection legislation that cannot be excluded by agreement.

If you are located in the European Economic Area, you will benefit from any mandatory provisions of the law of your country of habitual residence, including the GDPR and any implementing Member State legislation, which cannot be derogated from by contract.

3. Eligibility

You may use downpipes if you have the legal authority to deploy software into the Cloudflare account you use. If you are using the Services on behalf of a business or other organisation, you must have the legal authority to enter into these Terms on its behalf.

4. Your Use of the Services

When using the Services, you agree to:

• Use the Services only for lawful purposes
• Not attempt to tamper with, reverse-engineer, or circumvent the security systems used by the Services, except as permitted under applicable law or the licence terms of the product
• Not use the Services to facilitate any unlawful activity
• Not attempt to disrupt, overload, or interfere with the operation of our infrastructure, including the downpipes control-plane or update channel

5. No Warranty on Deployment Outcomes

downpipes is no-custody: it runs in your own Cloudflare account, under your own keys. We do not operate your deployment, and we have no standing access to it.

You can send us a support bundle, or give us a time-boxed, read-only credential that you can revoke. You can also turn on the optional advisory beacon. It sends us aggregate counts and version identifiers, with your Cloudflare account tag. We see diagnostic data from your deployment only through these routes.

You are responsible for configuring, running, and maintaining your own deployment, including your own backups, retention settings, and access controls.

6. Regulatory Compliance

We will comply with applicable Australian and international laws in operating the website and the content-free surfaces we operate for downpipes (the control-plane and update channel). We do not undertake compliance obligations on your behalf for your own use or deployment of downpipes in your own account.

7. Availability and Changes

We aim to provide reliable Services but do not guarantee uninterrupted availability. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our reasonable control.

We may modify, update, or discontinue any part of the Services. Where practicable, we will provide reasonable notice of material changes. If you do not agree with material changes, you may stop using the Services.

8. Intellectual Property

The downpipes engine and console are source-available under the Elastic License 2.0. The offline reader is MIT-licensed. We publish the engine, console and offline reader repositories on GitHub; each repository carries its own licence file, which governs your use of it. The downpipes control plane and our support platform are not published. Section 4 refers to the licence terms that ship with the software.

The Maelstrom AI name, logo, and brand assets are our property. You may not use our branding in a way that implies endorsement or affiliation without our prior written consent, except as permitted by applicable law.

9. Limitation of Liability

The Services are provided as described in this document. To the maximum extent permitted by Australian law (and without excluding any liability that cannot be excluded under the Australian Consumer Law):

1. We are not liable for any indirect, incidental, consequential, or special damages, including loss of profits, data, or business opportunities.
2. We are not liable for the configuration, operation, or outcomes of your own deployment of downpipes in your own Cloudflare account.
3. We are not liable for any decision made using data processed through the Services.

These limitations do not apply to damages arising from our wilful misconduct or gross negligence.

10. Indemnity

If your actions cause legal problems for us, you agree to cover our reasonable costs. Specifically, you agree to indemnify us against any third-party claims, losses, or expenses (including reasonable and proportionate legal fees) arising from:

1. Your misuse of the Services
2. Your breach of these Terms
3. Your violation of any applicable law

This indemnity is proportionate and does not apply to the extent that the claim arises from our own negligence or breach.

11. Privacy

Your privacy is fundamental to our service. Our Privacy Policy, which forms part of these Terms, governs our collection, use, and handling of personal information. If you are located in the European Economic Area, you have data protection rights under the GDPR as described in our Privacy Policy.

12. Third-Party Services

The Services may interact with third-party services, including Cloudflare, which hosts your own deployment of downpipes. We are not responsible for the practices, policies, or content of any third party. Their own terms and policies govern your interactions with third parties.

13. Termination

You may stop using the Services at any time by ceasing to use the website and removing your deployment of downpipes from your own account.

We may suspend or restrict your access to the Services if we reasonably believe that:

• you have breached these Terms; or
• you are using the Services in a way that threatens the security or integrity of our infrastructure.

Any suspension or restriction will be proportionate to the severity of the issue. Where practicable, we will notify you and provide an opportunity to address the issue before taking action.

14. Dispute Resolution

If you have a dispute with us, we encourage you to contact us first at support@maelstrom.au so we can attempt to resolve it informally.

If the dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation administered in accordance with the Resolution Institute’s mediation rules. Each party will bear its own costs of mediation. If mediation does not resolve the dispute, either party may pursue the matter in the courts of Victoria, Australia.

15. Governing Law

These Terms are governed by the laws of the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. You retain any rights you have to bring proceedings in your local jurisdiction under applicable consumer protection laws.

16. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a revised “Last updated” date. For material changes that may adversely affect your rights, we will provide at least 30 days’ notice on our website. Administrative or beneficial changes may take effect immediately. Your continued use of the Services after the notice period constitutes acceptance of the updated Terms. If you do not agree with the changes, you may stop using the Services.

Version history

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

18. Contact Us

If you have questions about these Terms, please contact us:

• Email: support@maelstrom.au
• Post: PO Box 169, St Arnaud VIC 3478, Australia