Terms of Service

1. The Service

Big Smoke Data provides data widgets, reports, dashboards, API access, and related data services for organisations and individuals.

2. Accounts & Teams

• You must provide accurate information when creating your account and keep that information up to date.
• You are responsible for activity carried out through your user account and for keeping your login credentials secure.
• A Team represents an organisation, business, project, or other workspace using the Service.
• A user may belong to multiple Teams. Each Team is separately licensed and must have its own active subscription unless we have agreed otherwise in writing.
• Access to one Team does not give you access to the data, configuration, subscription, or resources of another Team.
• Each Team has an owner who is responsible for managing the Team, including its members, permissions, domains, widgets, subscription, and billing.
• Team owners must have authority to manage the Team and grant access to other users.
• If a Team owner is leaving the Team, they must transfer ownership to another existing Team member before leaving. The Team must maintain an owner while its subscription remains active.
• We may suspend or terminate accounts or Teams that breach these Terms.

3. Subscriptions & Payment

• Each Team requires its own subscription unless otherwise agreed with us.
• Subscriptions are available on a monthly or annual billing cycle, depending on the option selected when subscribing.
• The subscription selected for a Team determines the features and limits available to that Team, including the number of users, authorised domains, widgets, branding options, API access, usage limits, and other plan features.
• Payments are processed via Stripe.
• Subscription fees are charged in advance for the selected billing period.
• Subscriptions automatically renew for the same billing period unless cancelled before the next renewal date.
• Fees are non-refundable except where required by law or expressly stated otherwise.
• Cancelling a subscription stops future renewals. The Team will generally retain access until the end of the period that has already been paid for.
• A subscription belongs to the Team to which it was purchased and does not provide subscription access to other Teams.
• We may change pricing or plan features with reasonable notice before the change takes effect or your next billing cycle, as applicable.
• We may suspend a Team where payment is overdue or otherwise unsuccessful.

4. Acceptable Use

5. Data & Content

• Source Data means data obtained from third parties or public sources, including government datasets such as ABS and Census data.
• Underlying government data may be published under Creative Commons or other licensing arrangements by its original publisher. Nothing in these Terms restricts rights you have directly under those licences.
• Big Smoke Data Content means content created, processed, transformed, calculated, modelled, analysed, or presented by Big Smoke Data. This includes modelled estimates, calculations, analysis, data transformations, report formatting, dashboards, and widget presentation.
• Big Smoke Data Content is our intellectual property and remains owned by Big Smoke Data Pty Ltd. Your subscription gives you a limited right to access and use that content through the Service.
• You must not reproduce, scrape, extract, resell, or redistribute Big Smoke Data Content outside the Service without our written permission.
• If you access the Service through our REST API, you are responsible for keeping API keys secure and for activity conducted using those keys. We may apply rate limits and suspend API access for misuse.
• Widgets you configure and content you upload remain your responsibility. You grant us a licence to host, process, store, reproduce, and display that content as reasonably required to provide the Service.
• We do not claim ownership of content you provide to the Service, except for rights necessary to operate and provide the Service.
• We handle personal information in accordance with our Privacy Policy.

6. Embeddable Widgets & Authorised Domains

• Depending on your subscription, you may embed Big Smoke Data widgets on a specified number of authorised domains.
• An authorised domain is a website or other digital property registered or authorised for use with your Team through the Service.
• Widgets may only be deployed on domains permitted by your subscription and configured for your Team.
• Depending on your subscription, widgets may display Big Smoke Data branding or may include your own branding and visual identity.
• Customer branding does not transfer ownership of the widget software, underlying systems, Big Smoke Data Content, or other Big Smoke Data intellectual property to you.
• You must not remove required Big Smoke Data attribution, branding, watermarks, or other notices included with your subscription.
• You must not modify, interfere with, copy, reverse-engineer, or reproduce the widget software or use it outside the Service.
• You must not circumvent domain limits, subscription limits, or other restrictions to deploy widgets on unauthorised websites or properties.
• We may disable widgets deployed on unauthorised domains or where the relevant Team subscription has been suspended, terminated, or otherwise exceeds its permitted limits.
• Widgets depend on the Service and may stop displaying if the relevant Team subscription ends or the Service is unavailable.
• We may change the functionality, appearance, implementation, or technical operation of widgets from time to time.

7. Intellectual Property

The Service, software, widgets, dashboards, designs, systems, documentation, Big Smoke Data Content, and Big Smoke Data branding are owned by or licensed to Big Smoke Data Pty Ltd. Nothing in these Terms transfers ownership of those rights to you. Except for the limited rights expressly granted under these Terms, no rights are granted by implication.

8. Availability & Changes

We aim to provide a reliable Service but do not guarantee uninterrupted, continuous, or error-free availability. Maintenance, upgrades, technical issues, and outages affecting third-party services or data sources may affect availability. We may modify, improve, replace, or discontinue features of the Service from time to time.

9. Data Accuracy & Disclaimers

We make reasonable efforts to provide accurate and useful data, but data may contain errors, omissions, delays, or inaccuracies, particularly where it depends on third-party or government sources. Modelled estimates, derived figures, forecasts, and analytical outputs are provided for informational purposes and should not be relied upon as the sole basis for financial, commercial, operational, or policy decisions.

10. Third-Party Services

The Service may rely on third-party services, data providers, infrastructure, payment processors, authentication providers, hosting providers, or other external systems. We are not responsible for interruptions, errors, or changes caused by third-party services outside our reasonable control.

11. Privacy

Our collection and use of personal information is described in our Privacy Policy.

12. Suspension & Termination

• You may cancel a Team subscription at any time. Cancellation prevents future renewal and generally does not end access until the end of the current paid billing period.
• We may suspend or terminate access to the Service where you materially breach these Terms, misuse the Service, fail to pay applicable fees, or create a security or operational risk.
• We may terminate the Service or a Team subscription for material breach by providing reasonable notice where appropriate.
• On termination or expiry, your right to access the relevant Team and its subscription features ends, and outstanding fees remain payable.

13. Customer Data Following Termination

Following termination or expiry of a Team subscription, we may retain or delete Customer Data in accordance with our data retention practices and Privacy Policy. You are responsible for exporting any Customer Data you require before your access ends. We are not responsible for retaining Customer Data indefinitely after termination.

14. Service Discontinuation

If we discontinue the Service entirely, including due to business closure, we will provide at least 30 days' notice via email where reasonably possible. We will make reasonable efforts to ensure widgets fail gracefully, such as ceasing to render cleanly rather than displaying broken or erroneous content on your website. No liability arises from discontinuation of the Service beyond the limitations set out in these Terms.

15. Limitation of Liability

To the extent permitted by law, our total liability for claims relating to the Service is limited to the fees paid by the relevant Team in the six months before the event giving rise to the claim. We are not liable for indirect, consequential, incidental, special, or lost-profit damages. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including rights and guarantees under the Australian Consumer Law.

16. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses, liabilities, costs, and expenses arising from your misuse of the Service, your breach of these Terms, or your infringement of another person's rights.

17. Events Beyond Our Control

We are not responsible for delays or failures caused by events beyond our reasonable control, including failures of telecommunications or internet services, infrastructure providers, data providers, natural disasters, government actions, cyber incidents, or other circumstances that could not reasonably have been prevented or avoided.

18. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will provide reasonable notice where practical. Continued use of the Service after updated Terms take effect constitutes acceptance of the revised Terms.

19. General

• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.
• These Terms constitute the agreement between you and us regarding your use of the Service, subject to any separate written agreement or order form that applies to your Team.
• You may not transfer your rights or obligations under these Terms without our written consent, except where permitted by law.
• We may transfer or assign these Terms as part of a merger, restructuring, sale, or transfer of the Service or business.

20. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts.

21. Contact

Big Smoke Data Pty Ltd
[email protected]