Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and DataCartel Pty Ltd (ABN 57993737954) ("DataCartel", "we", "us", or "our") governing your access to and use of the DataCartel website, applications, and services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

DataCartel provides a cloud-based financial management platform designed for accountants, bookkeepers, and businesses. Our Services include, but are not limited to:

• GST comparison and reconciliation tools
• Financial reporting and analytics
• AI-powered financial insights (AI CFO)
• Document storage and management
• Integration with accounting software (MYOB)
• Team collaboration features

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Account Registration and Security

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or fraudulent, or if you violate these Terms.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Upload, transmit, or distribute any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services to transmit spam, phishing, or fraudulent communications
• Reverse engineer, decompile, or attempt to extract the source code of our software
• Use automated systems (bots, scrapers) to access the Services without permission
• Resell, sublicense, or commercially exploit the Services without authorization
• Use the Services in any manner that could damage our reputation or goodwill
• Upload false, misleading, or fraudulent financial data

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including removing content, suspending accounts, and reporting to law enforcement authorities.

5. Your Data and Content

You retain all ownership rights to the data, documents, and content you upload to the Services ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive, royalty-free license to use, process, store, and display Your Content solely for the purpose of providing the Services to you.

You represent and warrant that:

• You own or have the necessary rights to upload Your Content
• Your Content does not infringe any third-party intellectual property or privacy rights
• Your Content complies with all applicable laws and regulations

You are solely responsible for the accuracy, quality, integrity, and legality of Your Content. We do not endorse, verify, or guarantee the accuracy of any data processed through our Services.

6. Payment Terms

6.1 Fees and Billing

Certain features of the Services require paid subscriptions. Fees are charged on a per-module, per-company-file basis as displayed on our pricing page. All fees are quoted in Australian Dollars (AUD) and are inclusive of GST.

6.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for keeping your payment information current.

6.3 Subscription Renewals

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.

6.4 Refunds

Unless required by Australian Consumer Law, fees are non-refundable. We do not provide refunds for partial subscription periods, unused features, or dissatisfaction with the Services. However, we may, at our sole discretion, offer credits or refunds in exceptional circumstances.

6.5 Price Changes

We reserve the right to change our pricing at any time. Price changes will be communicated to the email address registered with your account at least 30 days before taking effect. Continued use of the Services after a price change constitutes acceptance of the new pricing.

6.6 Overdue Payments

If payment fails or becomes overdue, we may suspend or restrict access to paid features until payment is received. We reserve the right to charge interest on overdue amounts at the rate permitted by law.

7. Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, images, and other content (excluding Your Content), are owned by DataCartel or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms. This license does not include the right to:

• Modify, copy, or create derivative works of the Services
• Sublicense, sell, or transfer the Services to any third party
• Use our trademarks, logos, or branding without prior written consent
• Remove or alter any proprietary notices or labels

8. AI-Powered Features

Our Services include AI-powered features such as the AI CFO. You acknowledge and agree that:

• AI-generated content is provided for informational purposes only and does not constitute financial, tax, legal, or professional advice
• AI outputs may contain errors, inaccuracies, or omissions
• You are solely responsible for verifying and validating any AI-generated insights before relying on them
• We do not guarantee the accuracy, completeness, or reliability of AI-generated content
• You should always consult qualified professionals for financial, tax, and legal matters

We shall not be liable for any decisions made or actions taken based on AI-generated content.

9. Third-Party Integrations

The Services may integrate with third-party applications and services (e.g., MYOB, Stripe). Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or functionality of third-party services, and we make no warranties regarding their performance or security.

You authorize us to access and retrieve data from connected third-party services on your behalf for the purpose of providing our Services.

10. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors or defects will be corrected
• The Services will meet your specific requirements or expectations

DataCartel is not a financial advisor, accountant, or tax agent. The Services do not constitute financial, tax, legal, or professional advice. You are solely responsible for your financial decisions and compliance with applicable laws.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall DataCartel, its directors, officers, employees, agents, or affiliates be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, goodwill, or business opportunities
• Any damages arising from your use of or inability to use the Services
• Any damages resulting from unauthorized access to or alteration of your data
• Any damages arising from third-party services or integrations
• Any damages resulting from errors, inaccuracies, or omissions in AI-generated content

Our total aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the amount you paid us in the twelve (12) months preceding the claim; or (b) one hundred Australian dollars (AUD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights under Australian Consumer Law.

12. Indemnification

You agree to indemnify, defend, and hold harmless DataCartel, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Your Content or data you upload to the Services
• Any dispute between you and a third party

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at info@datacartel.ai or using the account deletion feature in your settings. Upon termination, you will retain access to the Services until the end of your current paid billing period. Termination does not entitle you to any refund of prepaid fees.

13.2 Termination by Us

We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Suspected fraudulent or illegal activity
• Conduct that harms other users or our business
• Extended periods of inactivity

13.3 Effect of Termination

Upon termination by us, your right to use the Services ceases immediately. We may delete Your Content within a reasonable time after termination. Sections that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

14. Governing Law and Dispute Resolution

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 principles. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes arising out of or relating to these Terms or the Services.

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. We will attempt to resolve the dispute through good faith negotiations within 30 days.

15. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

If the Australian Consumer Law applies to you as a consumer, our liability for failure to comply with a consumer guarantee is limited (where permitted) to resupplying the Services or paying the cost of having them resupplied.

16. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DataCartel regarding the Services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Notices

We may provide notices to you via email to the address associated with your account or by posting on the Services. You agree that electronic notices satisfy any legal requirement for written notices.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we may also send you an email notification.

Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and terminate your account.

18. Contact Us

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