Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") form a binding agreement between you and Deep Stream (Australia) Pty Ltd ("Deep Stream Data," "we," "us," "our"). By accessing or using deepstreamdata.com and any of its subdomains, content, tools, or services (the "Site"), you agree to these Terms. If you do not agree, do not use the Site.

2. Scope

These Terms govern your use of the public Site — including browsing pages, booking demos through our embedded scheduler, contacting us, and downloading any public materials we make available. Separate written agreements govern paid use of the Deep Stream Data product and participation in the Deep Stream Data measurement panel. Where those agreements conflict with these Terms, those agreements control for the matters they cover.

3. Definitions

• "Content" means text, graphics, software, images, audio, video, data, and any other material made available through the Site.
• "User" or "you" means the individual or legal entity accessing the Site.
• "Product" means the Deep Stream Data digital journey intelligence software licensed to customers under a separate agreement.
• "Panel" means the Deep Stream Data opt-in measurement panel described on the About page.

4. Eligibility

You must be at least 16 years old to use the Site. If you use the Site on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. We may require verification of your age or authority before providing certain services.

5. Permitted use of the site

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for lawful, non-commercial informational purposes and to evaluate our Product. All other rights are reserved.

6. Acceptable use

You agree not to, and not to permit any third party to:

• Use the Site in violation of any law, regulation, or third-party right.
• Attempt to probe, scan, penetrate, or test the vulnerability of the Site, or breach authentication or security measures.
• Interfere with, disrupt, or impose an unreasonable load on the Site or the networks that deliver it, including through denial-of-service attacks or large-scale automated requests.
• Scrape, crawl, or otherwise harvest data from the Site except as permitted by our robots.txt and llms.txt files, or with our prior written consent.
• Reverse engineer, decompile, or disassemble any part of the Site or Product.
• Use the Site or any of its Content to train machine learning models without our prior written consent, other than for the limited purpose of indexing our public content to respond to user queries in a search or assistant context.
• Remove, obscure, or alter any copyright, trademark, or proprietary rights notice.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Site to transmit malware, phishing content, spam, or other harmful material.

We may investigate and take legal action in response to any violation, including removing content, suspending access, and cooperating with law enforcement.

7. Intellectual property

The Site, the Product, and all related Content — including the Deep Stream Data name, logo, marks, trade dress, and all underlying software, models, and documentation — are owned by or licensed to Deep Stream Data and are protected by copyright, trademark, patent, trade secret, and other laws. Nothing in these Terms transfers any intellectual property to you. The Deep Stream Data name and logo are our trademarks; you may not use them except with our prior written consent.

8. User submissions

When you submit information through the Site — including forms, scheduling tools, emails, or other communications — you represent that:

• The information is accurate and does not infringe the rights of any third party.
• You have the authority to provide it.
• The information is not unlawful, defamatory, obscene, or otherwise inappropriate.

You grant us a worldwide, non-exclusive, royalty-free licence to use submissions for the purpose of responding to you and operating our business. We handle personal information in accordance with our Privacy Policy.

9. Third-party services and links

The Site embeds or links to third-party services, including:

• Analytics — Google Analytics 4, delivered through Google Tag Manager (provided by Google LLC), used to measure site usage.
• Advertising measurement and retargeting — the LinkedIn Insight Tag (provided by LinkedIn Ireland Unlimited Company for visitors in the EEA, UK, and Switzerland, and by LinkedIn Corporation elsewhere — both subsidiaries of Microsoft Corporation), used to measure LinkedIn ad performance, build retargeting audiences, and access aggregated professional-demographic insights about site visitors.
• Scheduling — the demo scheduler embedded on the contact page.
• Web fonts and hosting — Google Fonts and Amazon Web Services.

These services are provided by independent third parties and are governed by their own terms and privacy policies. We do not control, and are not responsible for, third-party services. For details on what data these services collect, how long it is retained, and how to opt out, see our Privacy Policy — Cookies and tracking.

10. Demos and scheduling

Booking a demo through the Site is not an offer to enter into a contract for the Product; it is a scheduling request. We may accept, reschedule, or decline demo requests at our discretion. Any statements made during a demo are for informational purposes only and are not binding commitments unless confirmed in writing through a signed agreement.

11. Panel participation

Participation in the Deep Stream Data Panel is entirely voluntary and requires explicit, informed consent given through the panel sign-up process. Panel participation is governed by the panel consent form, the panel member terms presented at sign-up, and our Privacy Policy. The information on this Site describing the panel is a general description and does not constitute the panel member terms.

12. Customer contracts

Paid use of the Product is governed by a separate written agreement between Deep Stream Data and the customer (a "Master Services Agreement" or equivalent). Nothing on the Site — including pricing, feature descriptions, marketing claims, and demo content — creates a binding commitment outside of that separate written agreement.

13. Disclaimers

The Site and its Content are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, or uninterrupted or error-free operation. To the maximum extent permitted by law, we disclaim all such warranties.

Measurement methodologies and data described on the Site reflect our current practices and may be updated. Statistical methodologies have inherent limitations; forecasts, projections, and insights are not guarantees of outcomes.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other law that cannot be lawfully excluded.

14. Limitation of liability

To the maximum extent permitted by law, Deep Stream Data and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, goodwill, data, or business opportunity, arising out of or in connection with your use of the Site, whether in contract, tort (including negligence), or otherwise.

Our aggregate liability to you for all claims arising out of or relating to your use of the Site will not exceed one hundred Australian dollars (A$100).

These limits apply to the fullest extent permitted by law. Some jurisdictions do not allow certain limitations, and in those jurisdictions our liability is limited to the minimum extent permitted.

15. Indemnity

You agree to indemnify, defend, and hold harmless Deep Stream Data and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.

16. Suspension and termination

We may suspend or terminate your access to all or part of the Site at any time, with or without cause, and with or without notice. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnity, and governing law.

17. Governing law and jurisdiction

These Terms are governed by the laws of the State of New South Wales, Australia, without regard to conflict-of-law principles. The courts of New South Wales, Australia, have exclusive jurisdiction over any dispute arising out of or related to these Terms or your use of the Site, and you submit to the personal jurisdiction of those courts. Nothing in this section limits any non-excludable right you may have under a mandatory law of your jurisdiction.

18. Changes to these terms

We may change these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of the page and, where appropriate, notify you through the Site. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms. If you do not accept the updated Terms, stop using the Site.

19. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Deep Stream Data regarding your use of the Site and supersede any prior or contemporaneous understandings.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without notice in connection with a reorganisation, merger, or sale of assets.
• Force majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, natural disasters, labour disputes, government action, internet or telecommunications failures, and cyber incidents.
• Headings. Section headings are for convenience only and do not affect interpretation.

20. Contact

Questions about these Terms? Contact us:

• Email: legal@deepstreamdata.com
• General contact: info@deepstreamdata.com
• Phone: +61 1800 555 330
• Post: Deep Stream (Australia) Pty Ltd, 351 Pacific Hwy, Artarmon NSW 2064, Australia

See also our Privacy Policy, which forms part of these Terms.