Team Excel - Terms of Use

Last updated: 1 September 2026

These Terms of Use (“Terms”) govern access to and use of the Team Excel Program and associated services (“Team Excel” or the “Program”) provided by DataDrivesInsight.com Pty Ltd (ABN 62 632 506 364) (“the Company”, “we”, “us” or “our”).

By accessing or using the Program in any capacity as a Participating Company, Authorised User or Participant, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Program.

These Terms should be read together with any proposal, order form, scope of services, subscription selection or other agreement entered into between the Company and a Participating Company or Authorised User (“Agreement”). If there is any inconsistency between these Terms and an Agreement, the Agreement will prevail to the extent of the inconsistency.

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1. Overview of the Program

Team Excel is a workplace culture, team performance and psychological safety program developed by DataDrivesInsight.com Pty Ltd.

The Program uses short Pulse Checks to provide insights into team and organisational performance, engagement and psychological safety. It also provides access to analytics, reporting, learning content and other tools designed to support teams and leaders to identify opportunities for improvement and take appropriate action.

The Program may be provided directly by the Company or through an Authorised User or registered partner of the Company.

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2. Definitions

In these Terms:

Agreement means any proposal, order form, scope of services, subscription selection or other agreement between the Company and a Participating Company or Authorised User relating to the Program.

Authorised User means a person or entity authorised by the Company or a Participating Company to administer, facilitate, manage or support the Program, including an accredited practitioner, coach, consultant or organisational representative.

Billing Cycle means the frequency at which subscription Fees are charged, such as monthly or annually.

Deliverables means reports, analytics, Pulse Check results and other outputs generated through the Program.

Fees means the amounts payable for access to or use of the Program.

Participant means an employee, contractor or other individual invited to participate in Team Excel activities, including Pulse Checks, learning activities or workshops.

Participating Company means an organisation that has been provided access to the Program, including under an active subscription, pilot, trial or other Agreement.

Pulse Check means an assessment or survey conducted through Team Excel.

Pulse Frequency means the frequency of Pulse Checks selected by or agreed with the Participating Company.

Subscription Period means the period for which a subscription remains active before renewal, as specified at the time of purchase or in the applicable Agreement.

3. Scope and Application

These Terms apply to:

  • Participating Companies that subscribe to or otherwise access the Program;
  • Authorised Users who administer, facilitate, manage or support the Program; and
  • Participants who take part in Pulse Checks or other Program activities.

Only appropriately authorised users may administer or manage the Program.

A Participating Company may receive the Program directly from the Company or through an Authorised User or registered partner.

These Terms do not govern any separate commercial arrangement between an Authorised User and a Participating Company unless expressly stated otherwise.

The Company is not responsible for representations, services or conduct of an Authorised User outside their authorised role in delivering or supporting the Program.
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4. Eligibility and Participation

Participants may include employees, contractors or other persons authorised by a Participating Company to participate in the Program.

Authorised Users must have an active account and any accreditation or authorisation required by the Company for their role.

Participants may be invited to access or participate in particular Program activities without being required to purchase an individual subscription or licence.

Participation in Pulse Checks is voluntary unless otherwise determined by the Participating Company’s own policies or requirements.

Participants may cease participating by choosing not to complete further Pulse Checks or other voluntary Program activities.
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5. Accounts and Access

Users with an account are responsible for maintaining the confidentiality and security of their login credentials and for activity conducted through their account.

Account access must not be shared with unauthorised persons.

Participants may receive invitations, reminders, Pulse Check links and other Program communications by email, SMS or other electronic communication methods using contact details provided by the Participant, Participating Company or Authorised User.

Providing a mobile number is optional unless otherwise advised. Where a mobile number is provided, it may be used to send SMS communications relating to participation in the Program.

You must notify the Company promptly if you become aware of unauthorised access to an account, compromised credentials or another security issue relating to the Program.

The Company may suspend or restrict access where reasonably necessary to address security concerns, misuse, non-payment or a breach of these Terms.
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6. Licence to Use Team Excel

Subject to payment of applicable Fees and compliance with these Terms and any applicable Agreement, the Company grants the Participating Company a limited, non-exclusive, non-transferable and non-sublicensable licence to access and use Team Excel for its internal organisational purposes during the applicable Subscription Period.

The licence is limited to the users, Participants, teams, Pulse Checks, subscription level and other usage entitlements included in the Participating Company’s subscription or Agreement.

Authorised Users receive a limited licence to access and use the Program only to the extent required to perform their authorised role.

Participants receive a limited right to access and use those parts of the Program made available to them for participation in Team Excel.

No ownership rights in Team Excel or its underlying intellectual property are transferred under these Terms.

All rights not expressly granted under these Terms are reserved by the Company and its licensors.
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7. Acceptable Use and Licence Restrictions

You must not, and must not permit another person to:

  • use the Program for an unlawful, fraudulent, defamatory or discriminatory purpose;
  • attempt to gain unauthorised access to systems, accounts or data;
  • introduce malicious software or interfere with the operation or security of the Program;
  • copy, reproduce, modify, adapt or create derivative works from the Program except where expressly authorised;
  • sell, resell, licence, sublicense, distribute or commercially exploit the Program or access to it without written permission from the Company;
  • reverse engineer, decompile or attempt to derive the source code, underlying technology, scoring methodology or proprietary methodology of the Program;
  • reproduce or distribute Pulse Check questions, benchmarking data, learning modules, videos, coaching materials or other proprietary Program content except as expressly authorised;
  • allow unauthorised persons or organisations to access the Program; or
  • use the Program beyond the users, Participants, teams, Pulse Checks or other entitlements included in the applicable subscription or Agreement

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8. Pulse Check Entitlements and Frequency

A Participating Company’s subscription includes a maximum number of Pulse Checks during each subscription year based on the Pulse Frequency selected at the time of purchase or specified in the applicable Agreement.

For example:

  • monthly Pulse Frequency permits up to 12 Pulse Checks per subscription year;
  • bi-monthly Pulse Frequency permits up to 6 Pulse Checks per subscription year; and
  • quarterly Pulse Frequency permits up to 4 Pulse Checks per subscription year.

Other frequencies or arrangements may be agreed between the Company and a Participating Company.

Pulse Frequency is separate from Billing Cycle. For example, a Participating Company may select quarterly Pulse Checks while choosing to pay its subscription Fees monthly or annually.

Unused Pulse Check entitlements do not carry forward into a subsequent subscription year unless otherwise agreed in writing.

Additional Pulse Checks or changes to Pulse Frequency may result in additional Fees.

The Company may prevent the scheduling or launch of a Pulse Check where the Participating Company has reached its applicable Pulse Check entitlement or where Fees are overdue.
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9. Members and Subscription Usage

Subscription Fees may be calculated by reference to the number of Participants, members, users or other agreed usage measure.

For annual subscriptions, the number of paid seats or members at commencement establishes the minimum paid subscription quantity for that Subscription Period unless otherwise agreed.

If a Participant or employee leaves the Participating Company during an annual Subscription Period, the corresponding seat may generally be reassigned to another eligible Participant, but no refund or credit is provided solely because a seat becomes vacant.

If the number of Participants or members exceeds the quantity included in an annual subscription, additional Fees may be charged on a pro-rata basis for the remainder of the applicable Subscription Period.

Subscription quantities may be reviewed and reconciled at renewal.

For monthly subscriptions, Fees may be adjusted to reflect changes in the number of applicable Participants, members or users in accordance with the applicable subscription arrangements.
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10. Data Privacy, Confidentiality and Participant Responses

Participant responses, organisational data and Program analytics are treated as confidential and handled in accordance with applicable privacy laws and the Company’s Privacy Policy.

Team Excel Pulse Checks are administered through the Company’s own technology platform.

The Company may collect Participant identification and contact information for purposes including administering the Program, providing access, issuing invitations and reminders, supporting users and managing participation.

Participant identification and contact information may include a Participant’s name, email address and, where provided, mobile telephone number. Mobile telephone numbers may be used to administer the Program, including sending Pulse Check invitations, links and reminders by SMS.

Individual Pulse Check responses are treated as confidential and are not ordinarily disclosed to Participating Companies, team leaders, Authorised Users or registered partners in an individually identifiable form.

Pulse Check results are reported on an aggregated basis and may be subject to minimum-response thresholds designed to protect Participant confidentiality.

The Company may use aggregated, anonymised or de-identified information for research, benchmarking, analytics, product development and improvement of the Program, where permitted by law.

Personal information may be accessed or processed by the Company and service providers engaged by the Company where reasonably necessary to provide, secure, maintain or support the Program.

Where an Authorised User or registered partner is engaged to support a Participating Company, that party may access information reasonably required to perform their authorised role, subject to applicable confidentiality and privacy obligations.

Each party must protect confidential information received from another party and use it only for purposes connected with the Program or Agreement.

Personal information is handled in accordance with the Company’s Privacy Policy.
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11. Intellectual Property

All intellectual property rights in or relating to Team Excel are owned by or licensed to the Company.

This includes, without limitation:

  • software and source code;
  • platform architecture and functionality;
  • Program methodology;
  • Pulse Check questions and assessments;
  • scoring methodologies;
  • benchmarks and benchmarking methodologies;
  • analytics and analytical methodologies;
  • learning and coaching content;
  • videos and educational materials;
  • designs, branding and graphics; and
  • proprietary know-how and processes.

Nothing in these Terms transfers ownership of that intellectual property to a Participating Company, Authorised User or Participant.

A Participating Company may use Deliverables generated specifically from its organisational data for its internal business purposes.

The Company retains ownership of all pre-existing intellectual property, methodologies, templates, systems and know-how incorporated into those Deliverables.
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12. Feedback

If you provide feedback, ideas or suggestions relating to the Program, the Company may use that feedback to develop, improve or operate its products and services without restriction or obligation, unless otherwise agreed in writing.
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13. Subscriptions, Fees and Billing

Fees are those displayed or communicated at the time of purchase or otherwise specified in an applicable Agreement.

Subscriptions may be offered with monthly or annual billing or under another billing arrangement agreed with the Company.

The Billing Cycle does not necessarily determine the Pulse Frequency.

Unless otherwise stated, all prices are in Australian dollars and are exclusive of GST. GST will be added where applicable.

Fees may be paid by invoice, bank transfer, credit or debit card, or another payment method made available or agreed by the Company. Electronic payments may be processed through Stripe or another third-party payment processor.

Where a Participating Company has selected or agreed to recurring automatic payments, by providing or authorising a payment method, the Participating Company authorises the Company and its payment processor to charge the applicable Fees in accordance with the selected Billing Cycle until the subscription is cancelled or otherwise terminated.

Payment card details may be collected and processed by the Company’s payment processor. The Company does not ordinarily receive or store complete payment card details.

The Participating Company is responsible for ensuring that its payment and billing information remains current and accurate.
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14. Annual and Monthly Billing

Where a subscription is billed monthly, the applicable subscription Fees will ordinarily be charged or invoiced at the commencement of each monthly Billing Cycle and monthly thereafter until cancellation or termination.

Monthly subscriptions may be cancelled on a month-to-month basis in accordance with Section 18.

Where a subscription is billed annually, the applicable annual subscription Fees will ordinarily be charged or invoiced upfront at the commencement of the annual Subscription Period and again at each annual renewal unless cancelled before renewal.

Monthly and annual billing options may have different prices.

The applicable price is the price displayed or agreed when the subscription is purchased or renewed, subject to any valid discount, promotion or separately agreed pricing arrangement.
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15. Changes to Subscription

A Participating Company may request changes to its subscription, including changes to Participant numbers, Pulse Frequency or other subscription features.

Where a change increases the applicable subscription Fees, the Company may charge the additional amount immediately, including on a pro-rata basis for the remainder of the current Billing Cycle or Subscription Period.

Where a change reduces the applicable subscription Fees, the lower pricing will ordinarily apply from the next Billing Cycle or renewal unless otherwise agreed.

Unless required by law or agreed by the Company, a reduction in subscription level, Participant numbers or Pulse Frequency does not create an entitlement to a retrospective refund or credit for Fees already paid.

Changes may also affect the number of Pulse Checks or other Program features available to the Participating Company.
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16. Discounts and Promotional Codes

The Company may offer promotional codes, discounts, partner pricing or other promotional arrangements from time to time.

Discounts may:

  • apply for a single payment or for multiple recurring payments;
  • apply for a specified period;
  • have an expiry date;
  • have a maximum number of uses;
  • be limited to particular customers, products or subscription types; or
  • be subject to additional promotional conditions.

Unless otherwise stated, discounts cannot be exchanged for cash or applied retrospectively.

A discount or promotional code may cease to apply where the subscription is cancelled, replaced or materially changed, including where the Participating Company changes its Pulse Frequency or subscription type.

The Company may withdraw or correct a discount or promotional offer where it has been applied in error, subject to applicable law.
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17. Automatic Renewal

Unless otherwise specified in an Agreement or at the time of purchase, subscriptions automatically renew at the end of the applicable Subscription Period until cancelled.

Monthly subscriptions renew monthly.

Annual subscriptions renew annually.

Where recurring automatic payment has been authorised, the Participating Company authorises the Company or its payment processor to charge the applicable renewal Fees to the nominated payment method.

Where payment is made by invoice, the Company may issue a renewal invoice in accordance with the applicable subscription arrangements.

The Company may provide reminders or notices regarding upcoming renewals, particularly annual renewals.

Any change to Fees applying from a future renewal will be communicated before that renewal where required by law or the applicable Agreement.
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18. Cancellation

A Participating Company may cancel its subscription in accordance with the cancellation process made available by the Company or by contacting the Company.

Cancellation prevents the subscription from renewing for the next applicable Subscription Period.

Monthly subscriptions may be cancelled on a month-to-month basis. Cancellation ordinarily takes effect at the end of the current paid monthly Billing Cycle.

For an annual subscription, cancellation ordinarily takes effect at the end of the current paid annual Subscription Period.

Unless otherwise agreed or required by law, cancellation does not entitle the Participating Company to a refund or credit for Fees already paid or for an unused portion of the current Subscription Period.

Access to subscription features and the ability to schedule or conduct further Pulse Checks may cease when the paid Subscription Period ends.

Cancellation of a subscription does not affect amounts already due and payable.
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19. Failed and Overdue Payments

If a payment fails or an invoice becomes overdue, the Company or its payment processor may attempt to process the payment again and/or notify the relevant billing contact.

The Company may suspend or restrict access to paid Program functionality, including the ability to schedule or launch further Pulse Checks, while Fees remain overdue.

Access may be restored once outstanding amounts have been paid.

The Participating Company remains responsible for Fees properly incurred before suspension, cancellation or termination.
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20. Refunds

Except where required by law or expressly agreed by the Company, Fees paid for the Program are non-refundable.

No refund or credit is ordinarily provided for:

  • unused subscription time;
  • unused Pulse Checks;
  • reductions in Participant numbers;
  • vacant seats during an annual subscription;
  • a reduction in Pulse Frequency;
  • failure by Participants to complete Pulse Checks; or
  • cancellation before the end of a paid Subscription Period.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
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21. Service Availability and Support

The Company aims to provide reliable access to Team Excel but does not guarantee that the Program will be uninterrupted or error-free.

Planned maintenance, upgrades or updates may temporarily affect availability.

The Company may modify or improve the Program from time to time, provided that it does not materially remove the core functionality of a paid subscription during the applicable Subscription Period without reasonable justification or an appropriate remedy.

Basic technical support is available during the Company’s standard business hours.

The Company is not responsible for interruptions caused by circumstances outside its reasonable control, including internet outages, third-party infrastructure failures or failures of a user’s own systems or devices.
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22. Third-Party Services and Payment Providers

The Program may use or integrate with third-party technology and service providers, including payment processors, cloud infrastructure providers, authentication services, communications providers and other services required to operate or support Team Excel.

Payments may be processed using Stripe or another payment provider. Payments may also be made directly to the Company by invoice, bank transfer or another agreed method.

Use of third-party services may be subject to the third party’s own terms, privacy policies and service conditions.

The Company is not responsible for the independent operation or availability of third-party services except to the extent required by law.

The Company may replace or change third-party providers from time to time without requiring an amendment to these Terms, provided that doing so does not materially reduce the services purchased by the Participating Company.
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23. Authorised Users and Registered Partners

The Company may permit accredited practitioners, consultants, coaches or registered partners to administer or support Team Excel for Participating Companies.

Authorised Users must use Team Excel only within the scope of the authority and licence granted to them.

Any separate rights to market, resell, distribute or commercially deliver Team Excel are governed by the applicable partner, reseller, accreditation or other agreement with the Company and are not granted merely by accepting these Terms.

The Company may suspend or revoke an Authorised User’s access if their accreditation, authority or applicable agreement expires or is terminated.
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24. Suspension and Termination

The Company may suspend or terminate access to the Program where:

  • a user materially breaches these Terms or an applicable Agreement and, where the breach is capable of remedy, fails to remedy it within a reasonable period after notice;
  • Fees are overdue;
  • continued access creates a material security, privacy or legal risk;
  • the Program is being misused;
  • a Participating Company becomes insolvent or enters administration; or
  • the applicable Agreement or Subscription Period expires or is terminated.

Where reasonably practicable, the Company will provide notice before suspending or terminating access.

Termination does not affect accrued rights or amounts already payable.

Provisions relating to confidentiality, intellectual property, payment obligations, liability and any provisions which by their nature are intended to survive will continue after termination.
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25. Program Purpose and Disclaimer

Team Excel provides workplace, team and organisational insights intended to support reflection, discussion and organisational improvement.

The Program, Pulse Checks, reports, analytics and learning materials do not constitute medical, psychological, legal or other professional advice and should not be relied upon as a substitute for advice from an appropriately qualified professional.

Results should be considered in context and should not be treated as a diagnosis of an individual or organisation.

Subject to rights that cannot lawfully be excluded, the Program is provided on an “as available” basis and the Company does not warrant that every result, recommendation or output will be suitable for every organisation or circumstance.
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26. Limitation of Liability

To the maximum extent permitted by law:

  • the Company is not liable for indirect, incidental, special or consequential loss arising from use of the Program;
  • the Company’s aggregate liability arising from the Program or these Terms will not exceed the Fees paid by the relevant Participating Company or Authorised User to the Company during the 12 months preceding the event giving rise to the claim; and
  • the Company is not liable for the independent acts, omissions, advice or representations of a Participating Company, Authorised User or registered partner outside the Company’s direct control.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
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27. Indemnity

To the extent permitted by law, a Participating Company or Authorised User indemnifies the Company against loss, liability, damage or reasonable costs arising directly from that party’s unlawful use of the Program, material breach of these Terms, infringement of another person’s rights or unauthorised use or distribution of the Company’s intellectual property.

This indemnity does not apply to the extent that the relevant loss was caused or contributed to by the negligence, unlawful conduct or breach of these Terms by the Company.

Where an Authorised User provides professional services using Team Excel, they are responsible for maintaining any professional licences and insurance reasonably required for those services.
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28. Complaints and Dispute Resolution

Participants, Authorised Users and Participating Companies may raise concerns or complaints relating to the Program by contacting the Company at info@datadrivesinsight.com or through the Company’s contact page.

The Company will seek to acknowledge and address complaints within a reasonable timeframe.

The parties should first attempt to resolve any dispute in good faith through discussion.

If a commercial dispute between the Company and a Participating Company or Authorised User cannot be resolved through reasonable discussions, the parties may agree to mediation in Perth, Western Australia before commencing court proceedings, except where urgent interlocutory or injunctive relief is required.
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29. Subcontracting and Service Providers

The Company may engage employees, contractors, related entities and third-party service providers to perform aspects of the Program.

The Company remains responsible for its obligations under these Terms to the extent required by law and the applicable Agreement.
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30.Changes to the Program or Terms

The Company may update these Terms from time to time to reflect changes to the Program, technology, legal requirements or commercial arrangements.

Where a change is material and adversely affects an existing paid subscription, the Company will provide reasonable notice where practicable and will not apply the change retrospectively in a manner that removes rights already accrued by the Participating Company.

Updated Terms will be published with a revised “Last updated” date.

Continued use of the Program after updated Terms take effect constitutes acceptance of those Terms, subject to applicable law.
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31. Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia, Australia.

Subject to the dispute-resolution provisions above, the parties submit to the jurisdiction of the courts of Western Australia and courts entitled to hear appeals from those courts.
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32. Entire Agreement and Severability

These Terms, together with the applicable Agreement, constitute the agreement between the Company and the relevant party concerning access to and use of Team Excel.

Any specific variation agreed between the Company and a Participating Company or Authorised User must be recorded in writing.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed or read down to the extent necessary and the remaining provisions will continue in effect.

A failure or delay by the Company to enforce a right under these Terms does not constitute a waiver of that right.
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33. Contact Us

For questions, feedback, billing enquiries, cancellation requests or support relating to Team Excel or these Terms, contact:

DataDrivesInsight.com Pty Ltd
ABN 62 632 506 364
Email: info@datadrivesinsight.com
Phone: 0460 918 891
Address: 15A, 151-153 Herdsman Parade, Wembley WA 6014