Last updated: 7 June 2022

The website and web applications provided by BigDataCloud Pty Ltd ACN 627 240 162 (BigDataCloud) and all relevant domains and sub-domains, application protocol interfaces (APIs) and underlying source code and algorithms (Website) (together Services) are provided subject to these terms and conditions.

By interacting with us, using our Services or accessing our Website or social media channels, including by acquiring products, services or subscriptions from or through us, you agree that you have read and understood, and agree to be bound by these terms and conditions.

1. Access to the Services

1.1 If you disagree with any of these terms and conditions, you must stop using the Website and navigate away from it, and not access any products or services from us.

1.2 When we change our terms and conditions the date of the update will be displayed at the top of this page. You must stop using the Website if you do not agree to any change in our terms and conditions. If you have purchased a subscription from us, the new terms will come into effect at the beginning of your next subscription period, or 30 days after they are published to our website (whichever is sooner).

1.3 If you do not agree to the new terms, you may contact us and request that your subscription be cancelled at the end of your current subscription term, in which case the terms as they existed prior to that change will apply until the end of that term, noting that we may instead elect to terminate your subscription and refund your subscription fees on a pro-rata basis by reference to the unexpired period of your current subscription term.

1.4 In all other cases, you are deemed to accept the changes if you continue to use the Website after the changes have been made available on the Website.

1.5 It is your responsibility to check the terms and conditions for changes when you use the Website. BigDataCloud does not have any responsibility to inform you of changes beyond the requirements in clause 1.2 above.

1.6 When you deal with us, you are required to provide us with true and complete information regarding yourself, your business and your contact information. We reserve the right to reject any account made using disposable email addresses, or pseudonyms other than where such actions are permitted by the Privacy Act 1988 (Cth). If you choose to deal with us using a pseudonym it may limit our ability to provide services to you.

2. Disclaimers

2.1 BigDataCloud does not make any guarantee regarding your ability to access the Website, which may from time to time not be accessible or functional (whether wholly or partly).

2.2 To the greatest extent permissible by law, BigDataCloud gives no warranty and makes no representation, express or implied, as to:

• the adequacy or appropriateness of any goods or services supplied by us to you for your particular needs or purposes;
• the truth, correctness, completeness or freedom from error of any content on the Website published by someone other than us;
• any implied warranty or condition as to merchantability or fitness of any products or other goods or services for any particular purpose or the quality of the data that underpins the provision of the Services;
• the appropriateness of the products and services for your business or personal needs, or other applications of that product.

2.3 Where BigDataCloud provides a comparison between our Services and those of third parties, that comparison is only valid in relation to the specific data points compared, and we make no claim that those data points are determinative of the efficacy of any service provided by us or a third party. BigDataCloud makes no claim or representation of the comparisons other than what is actually stated in those comparisons.

2.4 BigDataCloud is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss or damage to property, injury, damage to reputation, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with your use of the Website or the products or services you access from or through us.

2.5 In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the products and services you have purchased, or the resupply of those products and services.

3. Subscriptions

3.1 BigDataCloud’s services are provided in a series of packages. Each package contains a series of API endpoints, and when you are granted access to a package you will be able to access all of the endpoints within the relevant package.

3.2 BigDataCloud provides a single package which is accessible without the use of an API key, and therefore does not require you to create an account, or pay any fees (Free API Package).

3.3 All other packages (each a Key Package) require the creation of an account and use of a secure API Key.

3.4 Whenever you use our Services in any capacity you agree that you will not use them:

• in any manner prohibited by these terms and conditions or any other policy or set of restrictions published on our Website;
• for any unlawful purpose;
• at a frequency or in a way that is likely to make the system inaccessible to third parties; or
• for the purpose of creating, developing, refining or otherwise supporting a product or service that competes with our business, without our prior written permission.

3.5 When you access our Free API Package:

• whilst you are not required to create an account, your use remains subject these terms and conditions;
• we offer no guarantee as to availability, quality or accessibility to the Free API Package; and
• you may only use our system within the limitations for free access set out by us from time to time.

3.6 If you create an account, you will be given access to all Key Packages via an API Key/s.

3.7 Each Key Package allows you to process a limited number of queries without charge (Base Access).

3.8 Each organisation is only entitled to the Base Access allocated to one account. It is impermissible to create multiple accounts within one organisation to utilise more than a single account’s Base Access. If we detect this has occurred, all of your accounts will be suspended, and we may ban your future access to the Services.

3.9 If you wish to use our Key Packages after you have exhausted your Base Access, or if you wish to utilise multiple accounts within a single organisation, paid subscriptions may be purchased.

3.10 There are several levels of paid subscription, each of which provide a set number of queries during each billing period. The length of the billing period and the number of included queries will be specified on our Website, and may change from time to time (Limited Subscriptions).

3.11 Once you have exhausted the queries in a Limited Subscription for a billing period your account will be suspended, and the API will return errors until:

• you purchase additional queries via our ‘pay as you go’ option;
• the next billing period commences; or
• you upgrade to a package with additional included queries.

3.12 In addition to Limited Subscriptions, we also offer a subscription level which includes an unlimited number of queries (Unlimited Subscription). Unlimited Subscriptions are subject to the following terms:

• all use is subject to the requirement of fair use (as determined by us acting reasonably);
• you may not share access to any Key Package with any third party, make derivative works or adaptation of the Key Packages or any data derived or extracted from them;
• you may not resell access to any Key Packages, or use them to offer location, fraud control or cyber security services to third parties (whether paid or unpaid);
• you may not provide models or decision-making processes derived from or made with assistance from the Key Packages; and
• the data received may not be stored, scraped, downloaded or offered for reuse by third parties

3.13 Where you access our services via either a Limited Subscription or an Unlimited Subscription (Subscription):

• the email address used to create an account may not be changed once set. Accordingly, if you need to change your email address, you will need to create a new account and close the account using your original account;
• you are entitled to make use of our services subject to any limitations stated on our Website, and within the boundaries of the Subscription package you have selected;
• you must exercise reasonably strong security measures on your computer infrastructure to keep the API key/s provided to you confidential and secure. You will be responsible for all usage incurred/associated with the keys provided;
• All Subscriptions provide a guaranteed uptime of 99.999% ("five nines"). In the event we fail to meet this uptime guarantee in any calendar month, we will provide a refund of any subscription fees referable to that month.

3.14 You may not at any time download, scrape or reverse engineer our services, API or Website.

3.15 BigDataCloud’s assessment of your use (and the charges referable to that use) are final.

3.16 We reserve the right to suspend your use of the Services until the next billing cycle starts if overuse is detected on at least one of the API Package subscriptions.

3.17 BigDataCloud reserve the right to cancel orders or subscriptions in the event of a pricing error, or technical malfunction that would cause our products or services to be sold at less than their recommended retail price.

3.18 BigDataCloud may cancel your subscription at any time without cause. If this occurs, we will provide you with a refund of your subscription fee on a pro-rata basis calculated by reference to the unexpired subscription term.

3.19 Subscriptions once placed may not be cancelled by you, and no refunds will be available for a change of mind.

3.20 In the event you don’t cancel the Subscription before it is due to expire, your Subscription will be automatically renewed for a further term of the same length as that which has just expired.

3.21 In the event that you cancel your Subscription during a subscription period, BigDataCloud will cancel your Subscription at the end of that subscription period.

3.22 You are responsible for ensuring that the products and services we provide are appropriate for you and your business.

4. Content and Intellectual Property Rights

4.1 The content and design of the Services, the underlying software code and algorithms, data we produce, and the typeface, imagery and logos used to provide our Services form part of our intellectual property. BigDataCloud will defend the intellectual property rights in connection with our services and the Website.

4.2 Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Website.

4.3 Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content of our Website, in whole or in part.

4.4 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.

5. Website Security

5.1 BigDataCloud will do its best to maintain the Website so that you have constant use, but there will be times when your use may be interrupted.

5.2 You agree that you will not, and will not allow any other person to:

• use the Website or products for any illegal, unlawful, improper or infringing purpose;
• use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website;
• query the Website or API at a frequency likely to impact its accessibility for other users; or
• upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of BigDataCloud’s data or the data of our customers.

5.3 You agree to use the Website in accordance with any and all applicable laws.

5.4 You agree that you will not use the Website for the purpose of stalking, intimidating, harassing or otherwise causing harm to any individual.

6. Indemnity

6.1 To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Website or products or services provided by us, of infringement of any intellectual property or other right of any person.

6.2 You agree that you will take reasonable precautions in using the products, including, but not limited to following all instructions and manuals provided with the products (if any).

6.3 You agree to hold BigDataCloud, its officers, agents and employees harmless from any loss or damage suffered by you in using a product or services provided by us.

7. Miscellaneous provisions

7.1 If any of these terms and conditions are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.

7.2 No waiver by us, in exercising any right, power or provision in this document shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.

7.3 If a dispute arises out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

7.4 BigDataCloud is not liable for any breach of our obligations resulting from causes beyond our reasonable control including internet outages, strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.

7.5 This document and any transactions governed by it will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia.

7.6 This document records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.

7.7 You may not assign, delegate or novate these terms and conditions to any other person or body corporate without our written authority.

7.8 BigDataCloud retains the right to assign, delegate or novate these terms and conditions without notice.