Website terms of use.

Website Terms of Use

Effective August 22, 2026.

1. About these Terms

These Website Terms of Use (Terms) govern access to and use of the public website operated by Data-Driven AI Pty Ltd (ABN 58 635 718 455) at cloudmonitor.ai.

In these Terms, we, us, and our mean Data-Driven AI Pty Ltd. Website includes the public pages, documentation, calculators, and inquiry forms that we operate and expressly link from cloudmonitor.ai. Public Demo means the sample-data-only CloudMonitor demonstration at demo.cloudmonitor.ai. The Public Demo forms part of the Website for these Terms. Website Materials means the public text, graphics, videos, downloads, documentation, calculator outputs, and other materials made available through the Website or Public Demo.

By accessing or using the Website, you agree to comply with these Terms. If you use the Website for an organization, you confirm that you are authorized to act for that organization. If you do not agree, do not use the Website.

2. What these Terms cover

These Terms govern the Website and Website Materials only. They do not govern:

• the authenticated CloudMonitor application or service;
• a CloudMonitor subscription, license, implementation, or support service;
• the use of customer data within CloudMonitor;
• a transaction through Microsoft Marketplace, a reseller, or another sales channel; or
• any other product or service supplied under a separate agreement.

Submitting an inquiry or using a calculator, the Public Demo, or another public form does not purchase CloudMonitor, create a subscription, or oblige us to provide a product or service.

CloudMonitor through Microsoft Marketplace

The current CloudMonitor SaaS offer uses the Microsoft Standard Contract.

Microsoft’s Marketplace Terms and the applicable Microsoft customer agreement govern access to the Marketplace storefront and Microsoft’s role in the transaction. Use of CloudMonitor is governed by the Microsoft Standard Contract presented in the purchase process, the applicable Order, and any applicable amendments, service level agreement, and product documentation incorporated under those documents. Those documents and their own precedence rules control the CloudMonitor subscription.

If CloudMonitor is supplied through a reseller or another channel, the separate written agreement identified in that purchase or order governs. These Website Terms do not amend, replace, or form part of a CloudMonitor product agreement or Marketplace Order.

3. Permitted use and intellectual property

We and our licensors retain all rights in the Website and Website Materials.

We grant you a limited, non-exclusive, non-transferable right to access the Website and to download or print reasonable copies of Website Materials for your own internal business or personal information purposes.

Except as permitted by law or with the relevant rights holder’s written permission, you must not:

• reproduce, republish, sell, license, or commercially exploit Website Materials;
• remove copyright, trademark, or attribution notices;
• present Website Materials in a misleading context or as your own material; or
• use our names, logos, or trademarks in a way that suggests sponsorship, endorsement, or affiliation.

Nothing in these Terms limits rights available under law, including applicable fair-dealing exceptions.

4. Public information, documentation, and calculators

Website Materials provide general information about cloud cost management, FinOps, and CloudMonitor.

Calculators and estimates depend on assumptions and information supplied by you. Their outputs are indicative only. They are not a quotation, guaranteed saving, contractual service commitment, or substitute for checking your actual cloud configuration, usage, pricing, and commercial circumstances.

Website Materials are not legal, tax, accounting, or financial-product advice. You remain responsible for decisions made using them.

Product descriptions may distinguish current functionality from planned or roadmap functionality. Roadmap information is not a commitment to deliver a feature by a particular date unless that commitment appears in an applicable product agreement or Order.

We take reasonable care when preparing Website Materials, but information can become outdated and third-party services or prices can change. Qualifications displayed with particular content form part of that content and should be read with it.

5. Forms and material you provide

You must have the right to provide any information or material submitted through the Website.

You retain ownership of material you provide. You give us permission to use it only as reasonably necessary to:

• respond to your request;
• operate and secure the relevant form;
• provide information you requested; and
• handle it as described in our Privacy Policy.

Do not submit passwords, access tokens, production customer data, or sensitive information through a general Website form unless the form expressly requests that information and identifies an appropriate secure method.

6. Acceptable use

You must not use the Website:

• unlawfully, fraudulently, or to infringe another person’s rights;
• to introduce malware or harmful code;
• to gain or attempt unauthorized access to any system, account, or data;
• to evade security or access controls;
• to impersonate another person or misrepresent your authority;
• through automated activity that materially disrupts or places an unreasonable load on the Website; or
• to collect personal information in breach of applicable law.

You may link to public Website pages if the link is accurate, lawful, and does not imply an endorsement or relationship that does not exist.

7. Privacy

Our Privacy Policy explains how we handle personal information collected through the Website, including information submitted through forms and information associated with analytics or tracking technologies.

8. Third-party services and links

The Website may link to Microsoft and other third-party websites or services. Those third parties control their services and terms.

A link does not, by itself, mean that we endorse all third-party content. We are not responsible for a third-party service to the extent that the relevant matter is outside our reasonable control. This does not limit responsibility that cannot lawfully be excluded.

9. Website availability and changes

We may maintain, secure, update, or change the Website and Website Materials. We may remove material that is obsolete, unlawful, insecure, or no longer offered.

We do not promise uninterrupted Website availability. Where reasonably practicable, we will avoid unnecessary disruption and correct material errors brought to our attention.

10. Statutory rights and liability

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, remedy, or liability that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law.

Subject to those rights:

• we are responsible for direct loss that was reasonably foreseeable and caused by our breach of these Terms or negligence;
• we are not responsible to the extent that loss was caused by your breach, unlawful conduct, inaccurate information, failure to take reasonable precautions, or a third-party system outside our reasonable control; and
• neither party is responsible for indirect or consequential loss that was not reasonably foreseeable.

Nothing in this section limits liability for fraud, willful misconduct, death or personal injury caused by negligence, or any other liability that applicable law does not permit a party to limit.

11. Restricting access

You may stop using the Website at any time without notice.

We may proportionately restrict access where reasonably necessary to:

• address a material breach of these Terms;
• protect the Website, users, or third parties from a security threat;
• comply with law or a binding direction; or
• prevent unlawful or materially disruptive conduct.

Where reasonable and lawful, we will give notice and an opportunity to remedy the issue before restricting access.

Sections concerning intellectual property, liability, governing law, and accrued rights continue to apply after use ends where their nature requires it.

12. Updates to these Terms

We may update these Terms prospectively.

The current version will show its effective date. If a change materially affects Website users, we will provide reasonable advance notice through a prominent Website notice or, where appropriate and available, email. An urgent change required by law or security may take effect sooner, with notice where practicable.

Changes do not retrospectively alter earlier conduct and do not amend any separate CloudMonitor product agreement, Order, or subscription. Continued use after the stated effective date means the updated Terms apply to that subsequent Website use.

13. Concerns and disputes

Please first send concerns to support@cloudmonitor.ai. The parties should attempt in good faith to resolve a dispute promptly.

This does not prevent either party from seeking urgent relief, contacting a regulator, exercising a non-excludable statutory right, or commencing proceedings at any time permitted by law.

14. Governing law

These Terms are governed by the laws of New South Wales, Australia.

The courts of New South Wales and courts entitled to hear appeals from them have non-exclusive jurisdiction, subject to any mandatory law that gives you a right to bring proceedings elsewhere.

15. General and contact

If part of these Terms is unlawful or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining Terms will continue.

A delay in exercising a right is not a waiver of that right. Headings assist readability and do not affect interpretation.

Data-Driven AI Pty Ltd
ABN 58 635 718 455
111 Harrington Street, The Rocks, NSW 2000, Australia
support@cloudmonitor.ai