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Terms & Conditions
These Terms and Conditions (“Terms”) govern access to and use of the public website located at https://www.datainfusion.com.au/ (“Website”), including any demonstration environments, trial access features, evaluation tools or informational content made available through the Website.
These Terms apply to general Website users and prospective clients accessing demonstrations or trial functionality.
These Terms do not govern paid, subscription-based, enterprise or production services provided by Data Infusion Pty Ltd (“Data Infusion”, “we”, “us” or “our”). Any such services are exclusively governed by a separate Quote, Order, Subscription Agreement, Master Services Agreement or other written commercial agreement between the parties (“Service Agreement”). To the extent of any inconsistency, the Service Agreement prevails.
By accessing the Website or using any Website-level functionality, you agree to these Terms.
1. Definitions
In these Terms, unless the context requires otherwise:
“Client”, “you” or “your” means the individual or entity accessing or using the Services.
“Confidential Information” includes non-public information relating to the Services, technology, algorithms, business operations, development processes, pricing, documentation or any information marked or reasonably understood as confidential.
“Intellectual Property” means all copyright, trademarks, designs, patents, software, models, algorithms, data structures, branding, and any other proprietary rights owned by or licensed to Data Infusion.
“Services” means demonstration access, trial functionality, evaluation tools and informational content made available through the Website.
For clarity, “Services” under these Terms does not include paid, enterprise or production services governed by a separate Service Agreement.
“Synthetic data outputs” means any or all of what is listed in Schedule 1.
“Website” means Data Infusion’s public-facing website, platform and any connected systems.
“Service Agreement” means any separate written commercial agreement governing paid, subscription-based or enterprise services.
2. Acceptance of Terms
By accessing the Website, submitting an enquiry, requesting a demonstration, or using any trial functionality, you accept these Terms.
These Terms apply solely to Website access and evaluation use. They do not replace or override any Service Agreement entered into between you and Data Infusion. Where you enter into a Service Agreement, that agreement governs the provision of paid or production services.
You are responsible for ensuring that any person accessing demonstration functionality on your behalf complies with these Terms.
3. Website Services and Demonstrations
The Website may provide access to Synthetic Data Outputs, including but not limited to, demonstration environments, trial features or synthetic data outputs for evaluation, testing or informational purposes
Nothing provided through Website demonstrations constitutes professional advice. Where synthetic data services are provided under a separate Service Agreement, the terms of that agreement govern performance, deliverables and liability.
Data Infusion may modify, suspend or discontinue Website-level features at its discretion.
4. Client Responsibilities
When accessing the Website or demonstration features, you must:
provide accurate information;
maintain the confidentiality of any login credentials;
not misuse, interfere with or attempt to reverse engineer the Website or demonstration environment;
comply with applicable laws.
You must not upload real personal information (as defined under the Privacy Act 1988 (Cth)) into demonstration environments unless expressly authorised by Data Infusion in writing, and you have obtained all necessary consents and have a lawful basis for such disclosure.
You remain responsible for ensuring that your access systems are secure.
5. Intellectual Property
All Intellectual Property in the Website, demonstration environments, evaluation materials and underlying systems remains the exclusive property of Data Infusion or its licensors.
Subject to compliance with these Terms, Data Infusion grants you a limited, non-exclusive, revocable, non-transferable licence to:
access the Website; and
use demonstration or trial functionality solely for internal evaluation purposes.
This licence does not permit:
commercial exploitation;
redistribution;
creation of derivative works; or
production use of the platform.
Any broader rights to use the platform, outputs or technology must be expressly granted under a separate Service Agreement.
6. Confidentiality
Any Confidential Information made available through demonstration access must be used solely for evaluation of Data Infusion’s services.
You must not disclose such information to third parties without written consent, except where required by law.
These obligations do not apply to information that:
is publicly available (other than through breach); or
is independently developed without reference to Confidential Information.
Confidentiality obligations survive termination of Website access for a period of 3 years from the date of termination, except for information that constitutes a trade secret, which shall remain confidential indefinitely.
7. Privacy
Data Infusion collects, handles and stores personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy, which is available at https://www.datainfusion.com.au/privacy-policy By using the Website or Services, you acknowledge that you have read and understood the Privacy Policy and consent to the handling of personal information in accordance with it. Data Infusion does not require access to real personal information for synthetic data generation unless expressly agreed. If personal information is uploaded contrary to these Terms, you remain solely responsible for ensuring lawful collection, use, disclosure and processing of that information, and you indemnify Data Infusion against any claims, penalties or liabilities arising from such unauthorised upload or disclosure. Where personal information is processed under a separate Service Agreement, the terms of that agreement govern privacy obligations and liability.
8. Fees, Payment, and Billing
This clause applies solely to paid services purchased directly through the Website and does not apply to enterprise or commercial services provided under a separate Service Agreement. Where paid Services are purchased, fees are payable upfront upon acceptance of a Quote, Order, or Agreement unless otherwise specified. Invoices must be paid within 14 days of the invoice date, or immediately where payment is required at the time of purchase. Fees are exclusive of GST unless stated otherwise. Interest may be charged on overdue amounts at 2% per month (24% per annum), calculated daily and compounding monthly. Data Infusion may suspend or restrict access to the Services where payment is overdue. You are responsible for ensuring that payment details remain valid and that authorised billing contacts are kept current. Data Infusion may require upfront payment for certain Services or for reactivation following non-payment. Where fees are payable under a separate Service Agreement, the payment terms of that agreement govern and prevail to the extent of any inconsistency.
9. Use of Synthetic Data Outputs
This clause applies solely to synthetic data outputs generated through demonstration, trial or evaluation access made available via the Website. Such outputs are generated using automated systems and may not be accurate, complete or free from anomalies. You acknowledge that:
outputs may not reflect real-world conditions and cannot substitute for legally required testing, validation or compliance processes;
synthetic data is not guaranteed to be unique or free from unintended similarities to real data; and
you are solely responsible for assessing whether outputs are suitable for your intended use, including conducting your own testing, validation and quality assurance processes.
Data Infusion is not responsible for any decisions made or actions taken based on synthetic data outputs generated through Website demonstrations.
You must not present or represent synthetic outputs as real personal information or rely on such outputs for decisions affecting individuals, consumers or regulated processes.
Where synthetic data services are provided under a separate Service Agreement, the terms of that agreement govern performance standards, deliverables and liability.
10. Security
Data Infusion implements reasonable administrative, technical and physical safeguards designed to protect the integrity and security of the Services, consistent with industry standards. However, no online service is entirely secure. Data Infusion does not guarantee uninterrupted access or immunity from cyber risks, outages, unauthorised access or data loss. In the event of a data breach that may affect your information, Data Infusion will notify you in accordance with its obligations under the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme. You acknowledge that maintaining secure access credentials, safe system configurations and appropriate internal cybersecurity practices is your responsibility.
11. Third-Party Services
The Website and Services may rely on or integrate with third-party hosting providers, analytics providers or software components. While Data Infusion selects third-party providers with reasonable care, Data Infusion is not responsible for the performance, security, availability, or terms of any third-party services, except to the extent Data Infusion would be liable under the Australian Consumer Law for services supplied by those third parties. Your use of third-party components may be subject to additional terms imposed by those providers. Data Infusion may replace, modify or discontinue third-party integrations where reasonably necessary to maintain security, functionality or compliance.
12. Limitation of Liability
These Terms do not exclude, restrict or modify any rights or remedies that cannot be excluded under the Australian Consumer Law or any other applicable legislation. Subject to those non-excludable rights, and to the maximum extent permitted by law, Data Infusion’s total aggregate liability arising out of or in connection with the Website, the Services or these Terms (whether in contract, tort, negligence, equity or otherwise) is limited to, at Data Infusion's option, either: (a) the resupply of the relevant Services, or (b) the payment of the cost of having the Services resupplied, up to a maximum of the fees paid by you for the Services in the 12 months preceding the event giving rise to the liability. To the fullest extent permitted by law, Data Infusion is not liable for any indirect, consequential, special or exemplary loss or damage, including loss of profit, revenue, data, opportunity or business interruption, except where such liability cannot lawfully be excluded. These limitations apply regardless of whether the claim arises in contract, tort (including negligence), equity or otherwise.
13. Indemnity
You indemnify Data Infusion, its directors, officers, employees and contractors against all claims, losses, damages, liabilities, fines, penalties and expenses arising from:
your breach of these Terms;
(b) your misuse of the Services or synthetic data outputs;
(c) your violation of any applicable law; or
(d) any claim made by a third party in connection with your use of the Services.
This indemnity does not apply to the extent that the loss is directly caused by Data Infusion’s negligence, wilful misconduct or breach of law. Data Infusion may require you to take reasonable corrective action to mitigate loss or prevent further harm.
14. Termination
Data Infusion may suspend or terminate your access to the Website or Services immediately if you:
(a) materially breach these Terms and fail to remedy the breach within 7 days of receiving written notice (or immediately for breaches that cannot be remedied);
(b) attempt to interfere with the platform or its security; or
(c) engage in conduct that may cause material harm or risk to Data Infusion, its systems, or other users.
You may cease using the Services at any time. Upon termination, all rights granted to you under these Terms cease immediately, and you must stop using the Services and destroy any Confidential Information remaining in your possession. Termination does not affect any accrued rights or obligations. Clauses 5 (Intellectual Property), 6 (Confidentiality), 7 (Privacy), 12 (Limitation of Liability), 13 (Indemnity), and 16 (Governing Law) survive termination. Data Infusion may retain necessary records to comply with legal or regulatory requirements.
15. Amendments
Data Infusion may amend these Terms at any time. Updated Terms will be posted on the Website. Continued use of the Website or Services constitutes acceptance of the amended Terms. Material changes will take effect upon posting unless otherwise stated.
16. Governing Law
These Terms are governed by the laws of New South Wales, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. These Terms may be enforced in any jurisdiction in which the Services are accessed or used.
17. Contact
If you have any questions about these Terms, please contact:
Data Infusion Pty Ltd
Email: info@datainfusion.com.au
Address: MPM Chartered Accountants, Level 6, 781 Pacific Highway, Chatswood NSW 2057