Terms & Conditions
These Terms & Conditions ("Terms") govern your access to and use of the Kala Data website at kala-data.com (the "Site"). Please read them carefully. By using the Site you agree to be bound by these Terms. If you do not agree, please do not use the Site.
These Terms apply to the public website only. Use of the Kala Data compute platform at compute.kala-data.com is subject to the platform's own Terms of Service, which you accept when you register for a platform account.
1. About us
The Site is operated by Kala Data Australia Pty Ltd (ABN 49 693 904 344) ("Kala Data", "we", "us", "our"), a technology company registered in Australia. Our registered address is Ground Floor 470 St Kilda Road, Melbourne VIC 3004 Australia.
Kala Data builds and operates modular high-performance computing infrastructure on energy assets, providing GPU compute services to AI and HPC users and energy monetisation solutions for energy producers.
2. Acceptance of Terms
By accessing or using the Site you confirm that:
- You have read and understood these Terms.
- You are at least 18 years of age, or are accessing the Site under the supervision of a parent or guardian who has agreed to these Terms on your behalf.
- Where you are accessing the Site on behalf of an organisation, you have authority to bind that organisation to these Terms.
3. Use of the Site
You may use the Site for lawful personal or business purposes only. You agree not to:
- Use the Site in any way that violates applicable Australian or international laws or regulations.
- Transmit any unsolicited or unauthorised advertising, promotional material, or spam.
- Introduce, upload, or transmit any viruses, trojans, worms, logic bombs, or other malicious or technologically harmful code.
- Attempt to gain unauthorised access to any part of the Site, the servers on which the Site is hosted, or any server, computer, or database connected to the Site.
- Conduct denial-of-service attacks or distributed denial-of-service attacks against the Site.
- Use automated scripts, bots, or scrapers to harvest content or data from the Site without our prior written consent.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
We reserve the right to restrict or terminate your access to the Site at any time and without notice for any breach of these Terms.
4. Intellectual property
All content on the Site — including but not limited to text, graphics, logos, photographs, data visualisations, and source code — is owned by or licensed to Kala Data Australia Pty Ltd and is protected by Australian and international copyright, trade mark, and other intellectual property laws.
You may view, download, and print content from the Site solely for your own personal, non-commercial use. You must not, without our prior written permission:
- Reproduce, republish, copy, or distribute any Site content in any medium.
- Modify, adapt, or create derivative works from any Site content.
- Use any Site content for commercial purposes.
- Remove or alter any copyright, trade mark, or other proprietary notices.
The "Kala Data" name, wordmark, logo, and associated marks are trade marks of Kala Data Australia Pty Ltd. Nothing on the Site grants you a licence or right to use any trade mark without our prior written consent.
5. Accuracy of information
We aim to keep the information on the Site current, complete, and accurate, but we make no representation or warranty — express or implied — as to its accuracy, completeness, or fitness for any particular purpose. Information on the Site is subject to change without notice.
Nothing on the Site constitutes financial, investment, legal, technical, or other professional advice. You should seek independent professional advice before acting on any information found on the Site.
Technical specifications, pricing, and availability information for the compute platform are indicative only and may differ from the current offering. Refer to the compute platform directly for current and authoritative information.
6. Third-party links and services
The Site may contain links to third-party websites, including our compute platform, partner websites, and reference materials. These links are provided for your convenience only.
We do not endorse, control, or accept responsibility for the content, accuracy, privacy practices, or terms of any third-party website. Accessing a linked website is at your own risk.
7. The Compute Platform
The Kala Data compute platform (compute.kala-data.com) is a separate commercial service with its own Terms of Service, Privacy Policy, and acceptable use policy. By registering for or using the compute platform you agree to those separate terms.
These website Terms do not govern your use of the compute platform or any commercial engagement with Kala Data for GPU compute services, energy partnership arrangements, or other commercial matters.
8. Disclaimers
To the fullest extent permitted by Australian law, the Site and its content are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
- The Site will be available at all times or free from errors, interruptions, or viruses.
- Any defects in the Site will be corrected.
- The Site or the servers that make it available are free of viruses or other harmful components.
9. Limitation of liability
To the fullest extent permitted by Australian law, in no event will Kala Data Australia Pty Ltd, its officers, directors, employees, contractors, or agents be liable for any:
- Indirect, incidental, special, consequential, or punitive loss or damage.
- Loss of profits, revenue, data, goodwill, or business opportunity.
- Loss or corruption of data or information.
arising out of or in connection with your use of, or inability to use, the Site or its content, even if we have been advised of the possibility of such loss.
Our aggregate liability to you for any claim arising from your use of the Site (excluding any liability that cannot lawfully be excluded) will not exceed AUD $100.
Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) or any other non-excludable guarantee, right, or condition implied by statute.
10. Privacy
Your use of the Site is also subject to our Privacy Policy and Cookie Policy. Please review them to understand how we collect and handle your personal information.
11. Changes to these Terms
We may update these Terms at any time. Changes take effect when posted on this page with a revised "Last updated" date. Your continued use of the Site after any change constitutes your acceptance of the updated Terms. If you do not accept the revised Terms, please stop using the Site.
12. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict-of-law rules. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland for any dispute arising from these Terms or your use of the Site.
13. Contact us
If you have any questions about these Terms, please contact us:
Kala Data Australia Pty Ltd
Ground Floor 470 St Kilda Road, Melbourne VIC 3004 Australia
Email: contact@kala-data.com
Also see: Privacy Policy · Cookie Policy