Welcome to To The Data. These Terms & Conditions ("Terms") govern your access to and use of our website at tothedata.com, our autonomous data engineering platform, and related products and services (collectively, the "Services") offered by To The Data ("To The Data," "we," "us," or "our").
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
1. Acceptance of Terms
These Terms form a legally binding agreement between you and To The Data. If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to the organisation.
We may modify these Terms from time to time. We will post the updated Terms on this page and update the dates shown in the header. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms, to the extent permitted by law.
2. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into contracts in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet these requirements.
3. Definitions
In these Terms, unless the context otherwise requires:
- Agreement means these Terms together with any order form, statement of work, or subscription agreement you enter into with us.
- Content means text, graphics, software, documentation, and other materials we make available through the Services.
- Customer Data means data, files, or information that you or your Authorised Users submit to or process through the Services.
- Authorised Users means individuals you permit to access the Services under your account or subscription.
- Intellectual Property Rights means all intellectual and industrial property rights, whether registered or unregistered.
- Platform means our hosted software, APIs, agents, and related infrastructure used to deliver the Services.
4. Use of Our Services
You agree that you will, and will ensure that Authorised Users will:
- Provide accurate, current, and complete registration and billing information
- Use the Services only in compliance with applicable laws, regulations, and industry standards
- Maintain the security of credentials and notify us promptly of any unauthorised access
- Not interfere with or disrupt the integrity or performance of the Services or third-party systems
- Not attempt to gain unauthorised access to the Services, other accounts, or our underlying systems
- Not use the Services to develop a competing product or service, or to reverse engineer our software except where expressly permitted by law
We may investigate suspected violations and suspend or terminate access where we reasonably believe you have breached these Terms or pose a risk to the Services or other customers.
5. Licence to Use the Services
5.1 Grant of Licence
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services during the subscription or evaluation period solely for your internal business purposes.
5.2 Restrictions
Unless we agree otherwise in writing, you must not:
- Copy, modify, or create derivative works of the Services except as permitted by law
- Rent, lease, sell, resell, or sublicense the Services
- Remove or obscure proprietary notices on the Services or documentation
- Use the Services in any manner that could damage, disable, or impair our systems or networks
- Use automated means to access the Services in a way that imposes an unreasonable load on our infrastructure
6. Intellectual Property
The Services, Content, and our branding are owned by To The Data or our licensors and are protected by Intellectual Property Rights. Except for the limited licence in section 5, no rights are granted to you.
6.1 Feedback
If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, incorporate, and commercialise the Feedback without obligation to you.
6.2 Generated Outputs
Subject to your Agreement and applicable law, you retain rights to outputs generated from your Customer Data in the course of using the Services, to the extent such outputs do not incorporate our pre-existing intellectual property except as licensed herein. We may use aggregated, de-identified learnings to improve the Services.
7. Customer Data and Privacy
7.1 Ownership of Customer Data
As between you and To The Data, you retain all rights in your Customer Data. You grant us a licence to host, process, transmit, and display Customer Data solely as needed to provide, secure, and improve the Services and as described in our Privacy Policy.
7.2 Your Responsibilities
You are responsible for:
- The legality, quality, and accuracy of Customer Data
- Obtaining all consents and rights required for us to process Customer Data on your behalf
- Configuring the Services and access controls appropriate to your compliance obligations
7.3 Data Processing
Where we process personal data on your instructions, the data processing terms in your Agreement (or our standard Data Processing Addendum, where applicable) apply. Our Privacy Policy describes how we handle personal information on our marketing website and related channels.
8. Third-Party Links
The Services may contain links to third-party websites or integrations. We do not control and are not responsible for third-party content or practices. Your use of third-party services is subject to their respective terms and privacy policies.
9. Confidentiality
Each party may receive non-public information from the other ("Confidential Information"). The receiving party will use reasonable care to protect Confidential Information and use it only for purposes of the Agreement. Exclusions include information that is public, independently developed, or rightfully received from a third party without restriction.
10. Disclaimers
To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that results obtained from the use of the Services will meet your requirements.
11. Limitation of Liability
To the maximum extent permitted by law, in no event will To The Data, its affiliates, directors, employees, or suppliers be liable for any indirect, incidental, special, consequential, or exemplary damages, or any loss of profits, revenues, goodwill, or data, arising out of or in connection with the Services or these Terms, whether or not we have been advised of the possibility of such damages.
Our aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of the amounts you paid us for the Services in the twelve (12) months before the claim or one hundred Australian dollars (AUD $100), except where liability cannot be limited by law.
12. Indemnification
You will defend, indemnify, and hold harmless To The Data and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your Customer Data or your use of the Services in breach of these Terms
- Your violation of applicable law or third-party rights
- Any dispute between you and your Authorised Users or your customers
13. Governing Law & Jurisdiction
These Terms are governed by the laws of Australia, without regard to conflict-of-law principles. You agree that the courts located in the State or Territory in which To The Data is registered will have exclusive jurisdiction to resolve disputes arising from these Terms or the Services, subject to any mandatory provisions of your local law that cannot be waived.
14. General Provisions
14.1 Entire Agreement
These Terms, together with any order form or written agreement referencing them, constitute the entire agreement between you and To The Data regarding the subject matter and supersede prior discussions or agreements.
14.2 Force Majeure
We will not be liable for any delay or failure to perform resulting from events beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.
14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
14.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, corporate reorganisation, or sale of assets.
14.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights except as expressly stated.
15. Contact Information
If you have questions about these Terms, please contact us:
To The Data
Email: contact@tothedata.com