DataTrek Trial & Evaluation Agreement
Version 1.0 · Effective 14 June 2026 · Governing law: New South Wales, Australia
This Trial & Evaluation Agreement (Agreement) governs your access to and use of the DataTrek platform during a no-fee evaluation period. It is a binding agreement formed under the Electronic Transactions Act 1999 (Cth) when accepted electronically.
1. Definitions
In this Agreement:
Confidential Information means non-public information disclosed by a party that is marked confidential or that a reasonable person would consider confidential, including the Platform, its features, performance and pricing.
Customer Data means data, content and metadata that you connect, upload or make accessible to the Platform, and metadata derived from it during the Trial.
Documentation means DataTrek’s user guides and technical documentation made available to you.
Platform means the DataTrek agentic data and AI governance software-as-a-service, including its web application, APIs (including any Model Context Protocol endpoint) and governance agents.
Trial Period means the period of fourteen (14) days from the Effective Date, unless extended or shortened by DataTrek in writing.
2. Trial licence
2.1 Subject to this Agreement, DataTrek grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform during the Trial Period solely for your internal evaluation of whether to acquire a paid subscription.
2.2 The Trial is provided at no charge. DataTrek may modify, suspend, limit or discontinue the Trial (in whole or in part) at any time without liability.
2.3 DataTrek may set usage, data-volume, connection or feature limits on the Trial and may apply different limits than a paid subscription.
3. Acceptable use
3.1 You must not, and must not permit any person to: (a) use the Platform other than as permitted by this Agreement; (b) resell, rent or commercially exploit the Platform; (c) reverse engineer, decompile or attempt to derive source code, except to the extent this restriction is prohibited by law; (d) introduce malicious code or interfere with the integrity or performance of the Platform; (e) access the Platform to build a competing product; or (f) connect data you are not authorised to process.
3.2 You are responsible for all activity under your accounts and for keeping access credentials secure.
4. Customer Data and authority
4.1 As between the parties, you retain all right, title and interest in Customer Data. You grant DataTrek a limited, non-exclusive, royalty-free licence to access, host, copy, process and display Customer Data solely to provide and support the Trial.
4.2 You warrant that you have all rights, consents and authority necessary to connect Customer Data to the Platform and to grant the licence in clause 4.1, and that doing so will not breach any law or third-party right.
4.3 DataTrek will not use Customer Data to train its machine-learning models without your prior written consent. DataTrek may generate aggregated, de-identified operational metadata that cannot reasonably identify you or any individual, and owns that aggregated metadata.
4.4 You are responsible for maintaining your own backups. Trial environments are not intended for production data, and you should not connect data you cannot afford to have limited functionality applied to.
5. Privacy and security
5.1 Each party will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in respect of Personal Information handled in connection with this Agreement.
5.2 To the extent DataTrek processes Personal Information on your behalf, it acts as a processor and will process it only on your reasonable documented instructions, implement appropriate technical and organisational security measures, and notify you without undue delay (and in any event within 72 hours) on becoming aware of a data breach affecting your Personal Information, to assist you under the Notifiable Data Breaches scheme.
5.3 DataTrek hosts and processes Customer Data within Australia (AWS ap-southeast-2, Sydney) unless you consent in writing to cross-border transfer.
6. Confidentiality
6.1 Each party must keep the other’s Confidential Information confidential, use it only for the purposes of this Agreement, and protect it with at least reasonable care. This clause does not apply to information that is public through no breach, independently developed, or lawfully received from a third party.
6.2 A party may disclose Confidential Information to the extent required by law, having given the other party (where lawful) reasonable notice.
7. Intellectual property
7.1 DataTrek (and its licensors) own all right, title and interest in the Platform, the Documentation, the governance agents, and all intellectual property in them, including enhancements and derivative works. No rights are granted except as expressly stated.
7.2 If you provide feedback or suggestions about the Platform, DataTrek may use them without restriction or obligation to you.
8. Warranties and disclaimers
8.1 The Trial is provided “as is” and “as available”. To the maximum extent permitted by law, DataTrek excludes all warranties, conditions and representations not expressly stated in this Agreement, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement, and does not warrant that the Trial will be uninterrupted, error-free or secure.
8.2 Australian Consumer Law. Certain rights and guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) may apply and cannot be excluded. To the extent permitted, DataTrek’s liability for breach of a non-excludable guarantee in respect of services is limited to re-supplying the services or paying the cost of having them re-supplied.
9. Limitation of liability
9.1 To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive loss, or any loss of profit, revenue, data, goodwill or business opportunity, arising out of or in connection with this Agreement.
9.2 Because the Trial is provided free of charge, DataTrek’s total aggregate liability to you under or in connection with this Agreement (whether in contract, tort including negligence, statute or otherwise) is limited, to the maximum extent permitted by law, to one hundred Australian dollars (A$100).
9.3 Nothing in this Agreement limits liability that cannot be limited at law, including for death or personal injury caused by negligence, fraud, or a party’s breach of confidentiality.
10. Term and termination
10.1 This Agreement starts on the Effective Date and continues for the Trial Period, unless terminated earlier.
10.2 Either party may terminate the Trial at any time, for any reason, on notice (which may be electronic). DataTrek may suspend or terminate immediately if you breach this Agreement or misuse the Platform.
10.3 On expiry or termination, your right to access the Platform ceases. DataTrek will, at your election made within thirty (30) days, return or securely delete Customer Data, except where retention is required by law. Clauses 4.1, 6, 7, 8, 9, 11 and 12 survive.
10.4 If you wish to continue after the Trial, a paid subscription is governed by the DataTrek Enterprise License Agreement or an applicable Order Form.
11. Governing law and disputes
11.1 This Agreement is governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and courts hearing appeals from them.
11.2 Before commencing proceedings (other than for urgent interlocutory relief), the parties will attempt to resolve any dispute in good faith for twenty (20) Business Days after written notice.
12. General
12.1 Entire agreement. This Agreement is the entire agreement for the Trial and supersedes prior understandings on its subject matter.
12.2 Variation. DataTrek may update this Agreement for future trials; the version accepted at sign-up governs your Trial.
12.3 Assignment. You may not assign this Agreement without DataTrek’s consent. DataTrek may assign it to a related body corporate or in connection with a sale of its business.
12.4 Notices. Notices to DataTrek may be sent to legal@datatrek.app; notices to you may be sent to the email provided at sign-up.
12.5 Severability and waiver. If a provision is unenforceable it is severed to the minimum extent necessary; a failure to enforce a right is not a waiver.