Terms of Service

Last updated: 28 October 2025

1. Acceptance of Terms

By accessing and using the website www.datada.com.au (“Website”) and the services provided by Datada (“we,” “our,” or “us”), you accept and agree to be bound by the terms and provisions of these Terms of Service (“Terms”). If you do not agree to these Terms, you should not use our Website or services.

These Terms apply to all visitors, users, and others who access or use our Website and services, including our artificial intelligence and data consultancy services.

2. Description of Services

Datada provides artificial intelligence and data consultancy services, including but not limited to:

  • Strategic AI implementation and consulting
  • Data science and analytics solutions
  • Technology optimization and recommendations
  • Business intelligence and insights
  • Custom AI model development
  • Data strategy development
  • Training and workshops

The specific scope of services will be defined in separate service agreements or statements of work with each client.

3. User Responsibilities

When using our Website and services, you agree to:

  • Provide accurate, current, and complete information
  • Maintain the confidentiality of any account credentials
  • Use our services only for lawful purposes
  • Not interfere with or disrupt the Website or services
  • Not attempt to gain unauthorized access to any systems or networks
  • Not use our services to transmit harmful or malicious content
  • Comply with all applicable laws and regulations
  • Respect our intellectual property and that of others

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Datada or its content suppliers and is protected by Australian and international copyright laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website and services for their intended purpose. This license does not include any right to:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website
  • Use our trademarks, logos, or proprietary graphics without written permission
  • Frame or utilize framing techniques to enclose any content
  • Use any data mining, robots, or similar data gathering methods

4.3 Client Materials

You retain ownership of any materials you provide to us. By providing materials, you grant us a license to use them solely for the purpose of providing our services to you.

5. Confidentiality

We understand the importance of confidentiality in our business relationships. We agree to:

  • Maintain the confidentiality of all non-public information you share with us
  • Use confidential information solely for providing our services
  • Not disclose confidential information to third parties without your consent
  • Implement reasonable security measures to protect confidential information

This obligation does not apply to information that is publicly available, rightfully received from third parties, or required to be disclosed by law.

6. Payment Terms

Payment terms for our services will be specified in individual service agreements or statements of work. Generally:

  • Fees are quoted in Australian Dollars (AUD) unless otherwise specified
  • Payment is due within 30 days of invoice date unless otherwise agreed
  • Late payments may incur interest charges as permitted by law
  • You are responsible for any taxes related to the services
  • Disputed charges must be reported within 15 days of invoice date

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. If you notify us of any deficiencies within 30 days, we will re-perform the services at no additional cost.

7.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties that the services will meet your specific requirements
  • Warranties that the services will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the accuracy or reliability of any information obtained

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • Our total liability for any claims arising out of or related to these Terms or our services shall not exceed the amount paid by you for the services in the six months preceding the claim
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses
  • We are not liable for any damages resulting from your use or inability to use our services, unauthorized access to your data, or any third-party conduct

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Datada, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Website or services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content or information you provide to us
  • Your negligence or willful misconduct

10. Termination

Either party may terminate these Terms or any services:

  • By mutual written agreement
  • Upon 30 days written notice to the other party
  • Immediately if the other party breaches these Terms and fails to cure within 15 days of notice
  • Immediately if the other party becomes insolvent or bankrupt

Upon termination, all licenses granted under these Terms will immediately terminate, and you must cease all use of our Website and services. Provisions that by their nature should survive termination shall survive.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall be resolved through the following process:

  • First, through good faith negotiations between the parties
  • If unresolved within 30 days, through mediation under the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines
  • If still unresolved, through binding arbitration under the ACDC Arbitration Guidelines

12. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay results from circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, labor disputes, or government actions.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the “Last updated” date. Your continued use of our Website or services after any changes indicates your acceptance of the new Terms.

For material changes, we will provide more prominent notice (such as email notification for registered users) before the changes become effective.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

15. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Datada regarding the use of our Website and services, and supersede all prior or contemporaneous understandings and agreements.

16. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms or any rights or obligations at any time without notice to you.

17. No Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Datada

Email: hello@datada.com.au

Website: www.datada.com.au

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