Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and the organisation you represent (together, "you") and Cloudploys Pty Ltd ("Cloudploys", "we", "us"), operator of the DataFlight platform, websites, and related services (the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

DataFlight provides AI chat, agentic actions, and workflow tooling that can connect to third-party applications you authorise. We may add, change, suspend, or discontinue features at any time. The Service is provided on an "as available" basis and we do not guarantee any particular uptime, result, or output.

2. Third-party services & integrations

The Service integrates with, relies on, and passes data through third-party applications, platforms, model/API providers, and infrastructure ("Third-Party Services"). This is central to how the Service works, and you acknowledge and agree that:

• Third-Party Services are provided by independent parties under their own terms and policies, which you are responsible for reviewing and complying with;
• We do not control and are not responsible or liable for any Third-Party Service, including its availability, security, accuracy, content, actions, changes, suspension, or discontinuation;
• Any AI-generated output, automated action, or data exchanged with a Third-Party Service is used at your own risk, and you are responsible for reviewing outputs before relying on them;
• Your authorisation of a connection constitutes your instruction for the Service to access and act on that Third-Party Service on your behalf, within the scopes you approve;
• We are not liable for any loss, damage, cost, or dispute arising from your use of, reliance on, or inability to access any Third-Party Service.

3. Your responsibilities

• You are responsible for your account, users, credentials, and all activity under your account;
• You are responsible for the content and data you submit or connect, and for having the rights and authorisations to do so;
• You will use the Service lawfully and will not misuse, disrupt, reverse engineer, or attempt unauthorised access to the Service or any Third-Party Service;
• You are responsible for reviewing and validating any AI output or automated action before using it for any business, legal, financial, or other decision.

4. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. We do not warrant that the Service, any output, or any Third-Party Service will be accurate, reliable, secure, or available.

5. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, however caused, even if advised of the possibility;
• We will not be liable for any loss or damage arising from Third-Party Services, connected applications, AI output, automated actions, your content, or your reliance on any of the foregoing;
• Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total fees you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim, or (b) AUD $100.

6. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for a failure to comply with such a guarantee can be limited, our liability is limited (at our option) to re-supplying the relevant service or paying the cost of having it re-supplied.

7. Indemnity

You agree to indemnify and hold harmless Cloudploys and its officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with your use of the Service, your content or connected data, your use of any Third-Party Service, or your breach of these Terms.

8. Availability & suspension

We do not guarantee uninterrupted availability. We may suspend or restrict access where reasonably necessary, including for maintenance, security, legal reasons, or suspected misuse.

9. Termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or where reasonably required. On termination, your right to use the Service ends; provisions that by their nature should survive (including disclaimers, limitation of liability, and indemnity) will survive.

10. Governing law

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria.

11. Changes

We may update these Terms from time to time. Changes are effective when posted on this page with a revised "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance.

12. Contact

Cloudploys Pty Ltd
Melbourne, Victoria, Australia
[email protected]

This document is provided for general informational purposes and does not constitute legal advice. You should obtain your own legal advice before relying on it.