Legal

Terms & Conditions

Last updated: 31 March 2026
Contents
  1. Acceptance of Terms
  2. Definitions
  3. Account Registration & Security
  4. Service Description
  5. Subscriptions & Payment
  6. Client Responsibilities
  7. AI-Generated Content
  8. Website Hosting & Serving
  9. SMS Services
  10. Google Ads Management
  11. Third-Party Integrations
  12. Intellectual Property
  13. Data Ownership & Licensing
  14. Acceptable Use
  15. Service Availability & SLA
  16. Limitation of Liability
  17. Indemnification
  18. Termination
  19. Dispute Resolution
  20. General Provisions
  21. Contact

1. Acceptance of Terms

By accessing or using the DataDriven platform ("Service"), you agree to be bound by these Terms & Conditions ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, do not access or use the Service.

2. Definitions

  • "Platform" means the DataDriven web application at app.datadriven.so, all APIs, the website serving infrastructure, and associated services.
  • "Client" means any individual or organisation that creates an account on the Platform.
  • "Account" means a client workspace on the Platform, which may have multiple users with different roles.
  • "End User" means a visitor to a website hosted or served through the Platform.
  • "Lead" means a prospective customer of a Client who interacts with the Platform through website forms, SMS, or other channels.
  • "Variant" means a version of a website page generated or managed through the Platform.
  • "AI Agent" means an artificial intelligence system that sends SMS messages on behalf of a Client.
  • "Content" means all text, images, code, data, and other materials uploaded to, generated by, or served through the Platform.

3. Account Registration & Security

3.1 Registration

To use the Service, you must create an account by providing accurate and complete information. You must be at least 18 years old to create an account.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activity that occurs under your account
  • Notifying us immediately of any unauthorised access
  • Ensuring that all users added to your account comply with these Terms

3.3 Account Roles

The Platform supports multiple user roles (owner, admin, member, viewer) with varying permissions. Account owners are responsible for managing user access and ensuring appropriate role assignments.

4. Service Description

DataDriven provides a self-improving marketing platform consisting of three integrated layers:

4.1 Self-Improving Websites

AI-generated landing pages served via edge infrastructure, with automated A/B testing and conversion optimisation. Websites are served through DataDriven subdomains or client-configured custom domains.

4.2 Google Ads Management

Automated Google Ads campaign management, including keyword optimisation, bid management, ad copy testing, and competitor intelligence. Access is provided through the Google Ads API under DataDriven's API credentials.

4.3 AI SMS Lead Conversion

AI-powered SMS agents that qualify leads, answer questions, and book appointments on behalf of clients. Messages are sent through integrated communication platforms.

5. Subscriptions & Payment

5.1 Pricing

Service fees are as described on our pricing page or in your individual agreement. All prices are in Australian Dollars (AUD) unless otherwise stated.

5.2 Billing

  • Subscriptions are billed monthly or annually in advance
  • Ad spend and SMS usage may incur additional charges billed in arrears
  • Failed payments may result in service suspension after a 7-day grace period

5.3 Refunds

We offer a 30-day money-back guarantee for new subscriptions. After 30 days, subscription fees are non-refundable. Ad spend passed through to Google is non-refundable under any circumstances, as it is charged directly by Google.

5.4 Price Changes

We may change prices with 30 days' written notice. Continued use after the price change takes effect constitutes acceptance.

6. Client Responsibilities

As a Client, you are responsible for:

  • Accuracy of Information: Providing accurate and up-to-date business information, including business name, services, contact details, and target audience.
  • Compliance: Ensuring your use of the Service complies with all applicable laws and regulations, including advertising standards, spam laws, and industry-specific regulations.
  • Lead Consent: Obtaining appropriate consent before adding leads to the Platform for SMS communication. You represent that all leads have opted in or that you have a lawful basis to contact them.
  • Content Accuracy: Reviewing AI-generated content (website copy, ad copy, SMS messages) to ensure accuracy and compliance with advertising standards. While our AI strives for accuracy, you remain responsible for the content published under your brand.
  • Google Ads Compliance: Complying with all Google Ads policies applicable to your campaigns, including prohibited content and restricted industries.
  • Integration Credentials: Maintaining valid OAuth tokens and API credentials for connected integrations. Expired credentials may result in service interruption.

7. AI-Generated Content

7.1 Nature of AI Content

The Platform uses artificial intelligence to generate website content, ad copy, and SMS messages. AI-generated content:

  • Is based on information you provide about your business
  • May not always be perfectly accurate or appropriate
  • Should be reviewed before being deployed to live environments
  • May be similar to content generated for other clients in the same industry

7.2 No Guarantee of Results

While our AI systems are designed to optimise for conversions, we do not guarantee specific results, including conversion rates, lead volumes, cost per acquisition, or return on ad spend. Performance depends on many factors outside our control, including market conditions, competition, and the quality of your products or services.

7.3 A/B Testing

The Platform may automatically create and test content variations. During testing periods, different visitors may see different versions of your website. You acknowledge and consent to this automated testing process.

8. Website Hosting & Serving

8.1 Infrastructure

Websites are served through Cloudflare's edge network under DataDriven subdomains (*.sites.datadriven.so) or client-configured custom domains. We manage the infrastructure, including SSL certificates, caching, and CDN distribution.

8.2 Custom Domains

If you configure a custom domain, you are responsible for DNS configuration and domain registration. We provide instructions for proper setup. Misconfigured DNS may result in downtime.

8.3 Content Restrictions

Websites served through our platform must not contain:

  • Illegal content or content promoting illegal activities
  • Malware, phishing, or deceptive material
  • Content that infringes third-party intellectual property rights
  • Adult content, hate speech, or content promoting violence
  • Content that violates applicable advertising standards

We reserve the right to remove content or suspend service for violations without prior notice.

8.4 Analytics & Tracking

Websites served through our platform include a DataDriven tracking pixel for performance analytics. You may also configure additional third-party analytics (Google Analytics, Clarity, etc.) through your account settings. You are responsible for ensuring appropriate privacy disclosures on your websites regarding these tracking technologies.

9. SMS Services

9.1 AI Disclosure

SMS messages sent through the Platform are generated by AI. You agree that recipients will be informed that they are communicating with an AI agent where required by law.

9.2 Compliance

You must comply with all applicable telecommunications laws, including:

  • Australia: Spam Act 2003, Do Not Call Register Act 2006, Telecommunications Act 1997
  • United States: Telephone Consumer Protection Act (TCPA), CAN-SPAM Act
  • Other jurisdictions: All applicable local laws governing electronic communications

9.3 Opt-Out Handling

The Platform automatically processes opt-out requests (STOP messages). Opted-out contacts are placed on a suppression list and will not receive further messages. You must not attempt to circumvent opt-out mechanisms.

9.4 Message Content

AI agents operate within the persona, company context, and value propositions you configure. You are responsible for ensuring these settings produce appropriate and compliant messages. We reserve the right to filter or block messages that violate our acceptable use policies.

10.1 API Access

DataDriven accesses your Google Ads account through the Google Ads API using OAuth 2.0 authorisation. You grant us permission to read, create, modify, and manage campaigns, ad groups, keywords, and ad creatives within the scopes you authorise.

10.2 Ad Spend

Google Ads spend is charged directly by Google to your linked billing account. DataDriven does not handle or process ad spend payments. We are not responsible for charges incurred through Google Ads, including charges resulting from automated optimisations made by our platform.

10.3 Google Ads Policies

You acknowledge that all campaigns managed through our platform must comply with Google Ads policies. Account suspensions or policy violations by Google are your responsibility. We will make reasonable efforts to ensure generated ad copy complies with Google's policies, but cannot guarantee approval.

10.4 Competitor Intelligence

Our platform may gather publicly available competitor data, including ad copy and keyword information, to inform your strategy. This data is collected from public sources and does not involve accessing competitors' private accounts.

10.5 Google API Compliance

Our use of the Google Ads API complies with the Google Ads API Terms of Service. You acknowledge that Google may modify API terms or access at any time, which may affect the features available to you.

11. Third-Party Integrations

11.1 Authorisation

When you connect a third-party service (GoHighLevel, Google Ads, Google Analytics, etc.), you authorise DataDriven to access and process data from that service within the scopes you approve. You can revoke access at any time from your account settings.

11.2 Third-Party Terms

Your use of third-party integrations is subject to the respective third party's terms of service and privacy policy, in addition to these Terms. We are not responsible for the availability, accuracy, or security of third-party services.

11.3 Integration Availability

We do not guarantee the continued availability of any integration. Third-party APIs may change, be deprecated, or become unavailable. We will make reasonable efforts to maintain integrations but are not liable for disruptions caused by third-party changes.

12. Intellectual Property

12.1 Platform IP

The DataDriven platform, including its source code, algorithms, design, branding, documentation, and all related intellectual property, is owned by DataDriven. These Terms do not grant you any ownership rights in the Platform.

12.2 Client IP

You retain all rights to your pre-existing intellectual property, including your business name, logo, branding, and original content you upload to the Platform.

12.3 Generated Content

Website content, ad copy, and other materials generated by our AI specifically for your account are licensed to you for use in connection with your business. You may use this content outside the Platform. We retain no exclusive rights to content generated specifically for you.

13. Data Ownership & Licensing

13.1 Your Data

You own all data you upload or input to the Platform ("Client Data"). You grant us a limited licence to use, process, and store Client Data solely to provide and improve the Service.

13.2 Analytics Data

Aggregated and anonymised analytics data generated through Platform usage may be used by DataDriven to improve the Service. This data will not identify you or your business.

13.3 Data Export

You may export your data at any time through the Platform's export features or by contacting support. Upon account termination, we will make your data available for export for 90 days.

14. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose or in violation of any applicable law
  • Attempt to gain unauthorised access to other accounts or Platform infrastructure
  • Interfere with or disrupt the Service or servers
  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Use the Service to send unsolicited messages (spam) or messages to individuals who have not consented
  • Upload malicious code, viruses, or harmful content
  • Scrape, data mine, or extract data from the Platform beyond what is provided through approved features
  • Use the Service to compete with DataDriven or build a competing product
  • Resell or sublicense the Service without written permission
  • Circumvent usage limits, rate limits, or access controls
  • Use the Service to promote prohibited products or services, including those banned by Google Ads policies

15. Service Availability & SLA

15.1 Uptime

We target 99.9% uptime for the Platform dashboard and 99.95% uptime for website serving infrastructure. These are targets, not guarantees, unless a separate SLA has been agreed in writing.

15.2 Maintenance

We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may occur without notice when necessary to protect the Service or its users.

15.3 Force Majeure

We are not liable for downtime or performance degradation caused by circumstances beyond our reasonable control, including natural disasters, network failures, third-party service outages, or government actions.

16. Limitation of Liability

To the maximum extent permitted by law:

  • DataDriven's total liability for any claim arising from or related to the Service shall not exceed the fees paid by you in the 12 months preceding the claim.
  • We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption.
  • We are not liable for any loss resulting from your reliance on AI-generated content, including inaccurate information in website copy, ad copy, or SMS messages.
  • We are not liable for Google Ads charges, including charges resulting from automated campaign optimisations.
  • We are not liable for damages arising from third-party integration failures or changes.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify and hold harmless DataDriven, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Content you upload or publish through the Service
  • SMS messages sent on your behalf through the Platform
  • Your Google Ads campaigns, including policy violations and ad content
  • Any claim by a third party related to your use of the Service

18. Termination

18.1 By You

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You remain responsible for any outstanding charges.

18.2 By Us

We may suspend or terminate your account:

  • Immediately for violations of acceptable use policies, illegal activity, or actions that threaten the security or integrity of the Platform
  • With 7 days' notice for non-payment after the grace period
  • With 30 days' notice for any other reason

18.3 Effect of Termination

Upon termination:

  • Access to the Platform is revoked
  • Website serving is discontinued (custom domains will stop resolving to your site)
  • AI SMS agents are deactivated
  • Google Ads API access is disconnected (campaigns remain in your Google Ads account)
  • Your data is available for export for 90 days, after which it is deleted
  • Active A/B tests are stopped and the last live variant is served during the transition period

19. Dispute Resolution

19.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

19.2 Resolution Process

Any dispute arising from these Terms shall be resolved as follows:

  1. Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days.
  2. Mediation: If negotiation fails, the parties shall submit to mediation under the rules of the Australian Disputes Centre.
  3. Litigation: If mediation fails, either party may commence proceedings in the courts of New South Wales, Australia.

20. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and DataDriven regarding the Service.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
  • Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
  • Modifications: We may modify these Terms with 30 days' written notice. Continued use after the modification takes effect constitutes acceptance. Material changes will be communicated via email and dashboard notification.
  • Notices: Notices to DataDriven should be sent to legal@datadriven.so. Notices to you will be sent to the email address associated with your account.
  • No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.

21. Contact

For questions about these Terms, contact us at:

DataDriven
Email: legal@datadriven.so
Website: datadriven.so