Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Wizel(“Wizel”, “we”, “us”) and govern your use of our website, application, and related services (the “Services”).

By accessing or using the Services — or by clicking to accept these Terms — you agree to be bound by them and by our Privacy Policy. If you are using the Services on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation. If you do not agree, do not use the Services.

• You must be at least 18 years old and able to form a binding contract to use the Services.
• You must provide accurate, current, and complete information when you register, and keep it up to date.
• You are responsible for safeguarding your credentials and for all activity under your account; notify us promptly of any unauthorised use.
• You are responsible for the acts and omissions of any users you invite, including team members and, for agencies, client users.
• You must not use the Services for any unlawful or unauthorised purpose, or in violation of these Terms.

The Services integrate with third-party platforms — including Klaviyo and Shopify — to provide analytics, content, and campaign management. When you connect an account:

• You authorise Wizel to access and process data from that account through its authentication (e.g. OAuth) to provide the Services.
• You represent that you have all rights and permissions necessary to grant that access and to let us process the data involved.
• You understand we sync data such as campaigns, flows, segments, templates, analytics, and — where you permit it — subscriber and customer data.
• You can revoke access at any time through your account or the connected platform; doing so may limit or disable parts of the Services.

Your use of those third-party platforms is governed by their own terms and policies. We are not responsible for third-party services, their availability, or changes they make to their APIs.

The Services use AI models to draft copy, generate imagery, and surface insights. You acknowledge and agree that:

• AI output is provided as suggestions. You are solely responsible for reviewing, editing, and approving any content before it is sent or published.
• AI output may be inaccurate, incomplete, or not unique to you, and recommendations based on historical data do not guarantee future results.
• You retain ownership of the inputs you provide. As between you and Wizel, you own the AI output you generate, to the extent permitted by law — though similar output may be generated for others.
• You must not use the AI features to generate unlawful, infringing, deceptive, or harmful content, and you are responsible for ensuring your campaigns comply with applicable law (including anti-spam and consumer-protection rules).

• Paid plans require a valid payment method. You authorise us and our payment processor to charge the applicable fees.
• Subscription fees are billed in advance on a recurring (monthly or annual) basis and renew automatically until cancelled.
• Except where required by law or expressly stated, fees are non-refundable and there are no credits for partial periods.
• We may change pricing or introduce new charges; we will give at least 30 days' notice before a change takes effect for your plan, and changes apply from your next renewal.
• You are responsible for applicable taxes. Late or failed payment may result in suspension or termination of your account.

You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.

You agree not to use the Services to:

• Send spam or unsolicited messages, or otherwise violate anti-spam laws (e.g. the Australian Spam Act, CAN-SPAM, GDPR/ePrivacy consent rules).
• Upload or distribute malware, viruses, or other harmful code.
• Infringe the intellectual property, privacy, or other rights of any person.
• Engage in fraudulent, deceptive, abusive, or misleading practices.
• Probe, scan, or test the vulnerability of, or attempt to gain unauthorised access to, our systems or data.
• Reverse engineer, scrape, or build a competing service from the Services, or resell the Services without authorisation.
• Exceed rate limits, interfere with normal operation, or place an unreasonable load on our infrastructure or that of connected platforms.
• Violate any applicable law or regulation.

The Services, including all software, design, text, and branding (excluding your content), are owned by Wizel and its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms.

You retain ownership of the data and content you upload or connect (“Customer Content”). You grant us a worldwide, non-exclusive licence to host, process, and use Customer Content solely to provide, secure, and improve the Services and as described in our Privacy Policy. You represent that you have the rights necessary to grant this licence.

You may choose to give us feedback; we may use it without restriction or obligation to you.

Each party may receive non-public information of the other. The receiving party will protect it with reasonable care and use it only to perform under these Terms. Our handling of personal data is described in our Privacy Policy, and the controls we operate are described in our Information Security Program. Where we process personal data on your behalf, we do so as your processor under those documents and any applicable data processing terms.

The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that AI output will be accurate or fit for your purpose.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for breach of such a guarantee can be limited, it is limited to re-supplying the Services or paying the cost of re-supply.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services — even if advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the fees you paid to us for the Services in the twelve months before the event giving rise to the liability, or (b) AUD 100. These limitations apply regardless of the theory of liability and are a fundamental basis of the bargain between us.

You will defend, indemnify, and hold harmless Wizel and its officers, employees, and agents from and against any third-party claims, losses, and expenses (including reasonable legal fees) arising out of your Customer Content, your use of the Services, your campaigns, or your breach of these Terms or applicable law.

These Terms apply while you use the Services. You may stop using the Services and cancel your account at any time. We may suspend or terminate your access — with or without notice — if you breach these Terms, create risk or legal exposure for us, or fail to pay, or if we discontinue the Services.

On termination, your right to use the Services ends. We will make your Customer Content available for export for a limited period and then delete or anonymise it in line with our Privacy Policy, unless we are required to retain it by law. Provisions that by their nature should survive — including IP, disclaimers, liability limits, indemnities, and governing law — survive termination.

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-laws rules. You and Wizel submit to the non-exclusive jurisdiction of the courts of that location. Before starting a formal dispute, you agree to contact us so we can try to resolve it informally in good faith. Nothing here prevents either party from seeking urgent injunctive relief.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you by email or within the Services. Changes take effect when posted, and your continued use of the Services after that means you accept the revised Terms.

Questions about these Terms? We’re happy to help — reach us using the details below.