Terms of Service

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

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Services, you agree to be bound by them, by our Privacy Policy, and — where we process personal data on your behalf — by our Data Processing Addendum, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

If you are using the Services on behalf of a company, agency, or other organisation, you represent that you have authority to bind that organisation, and “you” refers to both you and that organisation, which are jointly and severally responsible under these Terms.

Order of precedence. If there is a conflict, the Data Processing Addendum governs the processing of personal data, and these Terms govern everything else. A written agreement signed by us prevails over both. Nothing on our marketing website, in a proposal, or in a support conversation varies these Terms unless we agree to it in writing.

• You must be at least 18 years old and able to form a binding contract. The Services are for business use only — they are not offered to consumers for personal, domestic, or household purposes.
• You must provide accurate, current, and complete registration information and keep it up to date. We may suspend an account we cannot verify.
• You are responsible for safeguarding your credentials and for all activity under your account. Enable multi-factor authentication where offered, and notify us promptly at support@wizel.ai of any suspected unauthorised access.
• Accounts are for named users. Do not share logins or let more people use a seat than your plan provides for.
• You are responsible for the acts and omissions of every user you invite — team members, contractors, and, if you are an agency, your client users — as if they were your own.
• If you are an agency or manage stores for third parties, you represent that you have each client's authority to connect their platforms, access their data, and act on their behalf in the Services, and you remain responsible to us for their compliance with these Terms.

Free trials. We may offer a free trial. Trial access is provided as-is, may be limited in features, usage, or duration, and may be modified or withdrawn at any time. Unless you subscribe to a paid plan before the trial ends, your access to paid functionality stops when the trial expires. We will not charge you at the end of a trial unless you have chosen a paid plan and provided a payment method.

Free plans. Any free tier is provided as-is and may be changed, limited, or discontinued at any time. Accounts inactive for an extended period may be closed with notice.

Beta and experimental features. Features labelled beta, preview, experimental, or similar are made available for evaluation only. They may be incomplete, may change or be withdrawn without notice, may produce unexpected results, and are excluded from any commitment, warranty, or support obligation in these Terms. Use them at your own risk and do not rely on them for business-critical work.

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

• You authorise Wizel to access, retrieve, and process data from that account through its authentication (e.g. OAuth or API key) to provide the Services.
• You represent and warrant that you have all rights, consents, and authority necessary to grant that access and to permit us to process the data involved, including on behalf of any client whose account you connect.
• You understand we sync data such as campaigns, flows, segments, templates, analytics, product catalogue, and — where you permit it — subscriber and customer data.
• You are responsible for what you connect. Do not connect an account you are not authorised to connect, and do not sync categories of data you are not permitted to share with us.
• You can revoke access at any time through your account or the connected platform; doing so may limit or disable parts of the Services, and we are not liable for the resulting loss of functionality.

Your use of those third-party platforms is governed by their own terms and policies, and your relationship with them is your own. We do not control them and are not responsible for their acts, omissions, availability, pricing, data handling, rate limits, deprecations, or changes they make to their APIs. If a connected platform changes or withdraws access in a way that affects the Services, we will make reasonable efforts to adapt, but we are not liable for the interruption or for any resulting loss.

You represent, warrant, and agree that:

• You have a lawful basis — including valid, freely given, and provable consent where the law requires it — to send marketing messages to every recipient you contact using content produced with the Services.
• You can evidence that consent, including its source, date, and scope, and you will produce that evidence if a regulator, a platform, or we ask for it.
• You will honour unsubscribe and opt-out requests promptly, identify yourself accurately as the sender, include a valid physical address where required, and never obscure or falsify header, routing, or sender information.
• You will comply with all laws that apply to your campaigns, including the Australian Spam Act 2003 and Privacy Act 1988, the US CAN-SPAM Act and applicable state privacy laws, Canada's CASL, and the EU/UK GDPR and ePrivacy rules.
• You are solely responsible for the accuracy and legality of everything you send — including product, pricing, health, environmental, comparative, testimonial, and promotional claims — and for holding any substantiation those claims require.
• You will not upload, sync, or email a purchased, rented, scraped, appended, or otherwise non-consented list.

We do not promise deliverability or results. Inbox placement, open rates, click rates, conversion, sender reputation, and revenue depend on your list, your content, your sending history, your domain configuration, and the independent decisions of mailbox providers and spam filters — none of which we control. Any deliverability guidance, benchmark, forecast, prediction, score, or recommendation the Services provide is informational only. We do not warrant that any message will reach any inbox, and we are not liable for deliverability outcomes, reputation damage, blocklisting, or platform enforcement action against your account.

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

• AI output is a draft, not advice and not a finished deliverable. You are solely responsible for reviewing, verifying, editing, and approving every piece of content before it is sent, published, or relied on.
• AI output can be inaccurate, incomplete, outdated, biased, or fabricated, and can produce material that resembles output generated for someone else. It is generated probabilistically and is not reproducible.
• Analytics, forecasts, benchmarks, scores, and recommendations are estimates based on historical data. They are not a prediction or guarantee of future performance, and they are not financial, legal, tax, medical, or professional advice.
• You must independently verify any factual, product, pricing, health, nutritional, therapeutic, environmental, safety, or comparative claim that appears in AI output before you use it. This is especially important in regulated categories such as supplements, skincare, food, alcohol, therapeutic goods, and financial products.
• Generated imagery may resemble existing works, people, or marks. You are responsible for confirming you have the rights to use an image, including any model, property, trademark, or third-party rights, before you publish it.
• You must not use the AI features to generate unlawful, infringing, deceptive, defamatory, discriminatory, sexually explicit, or harmful content, or content that impersonates a real person or brand without authorisation.
• You must disclose the use of AI where the law or a platform's rules require it.

Ownership. You retain ownership of the inputs you provide. As between you and Wizel, and to the extent permitted by law and by our AI providers' terms, you own the output you generate through the Services. We make no representation that AI output is original, protectable by copyright, or free of third-party rights, and we grant no exclusivity in it.

Improving the Services. We may use aggregated and de-identified operational data — such as feature usage, error rates, latency, and generation volumes — to operate, secure, and improve the Services. We do not use your customer content, brand assets, or synced subscriber data to train our own models, and we contract with AI providers on terms intended to prevent them from training on your content.

Subscriptions

• Paid plans require a valid payment method. You authorise us and our payment processor to charge the applicable fees, including taxes, to that method.
• Subscription fees are billed in advance on a recurring monthly or annual basis and renew automatically at the then-current rate until you cancel.
• You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you keep access until then and are not charged again.
• You are responsible for applicable taxes, including GST for Australian customers, and for any withholding. Fees are exclusive of tax unless stated otherwise.
• If a payment fails, we may retry, and we may suspend or downgrade your account after notice. You remain liable for amounts properly due.

Credits and packs

• AI generation is metered in credits. Credits included with a plan are granted for that billing period, are not transferable or redeemable for cash, and do not roll over unless we say so in writing.
• Separately purchased credit packs and photoshoot packs do not expire while your account is open.
• A credit is consumed when a generation runs, whether or not you like the result. Consumed credits are not refundable — generation costs us money at the moment it happens, and output quality is subjective.
• We may apply fair-use limits, rate limits, and spend caps to protect the Services, and may decline or throttle usage that is abusive or materially exceeds normal patterns for your plan.

Refunds

Except where these Terms say otherwise or the law requires it, fees are non-refundable and we do not provide credits or refunds for partial periods, unused credits, downgrades, or periods in which you did not use the Services. This does not limit your rights under the Australian Consumer Law or any other law that cannot lawfully be excluded — see section 13.

If we terminate your subscription for convenience under section 17, we will refund the pro-rata portion of any prepaid subscription fee for the unused remainder of your current billing period.

Price changes

We may change pricing or introduce new charges. We will give you at least 30 days’ notice before a change takes effect for your plan. Changes apply from your next renewal, and if you do not accept them you may cancel before that renewal without penalty.

Disputed charges

If you believe a charge is wrong, contact us at support@wizel.ai within 60 days of the charge and we will investigate in good faith. Please raise it with us before initiating a chargeback, so we have a chance to fix it.

You must not, and must not permit anyone else to, use the Services to:

• Send spam or unsolicited messages, or otherwise breach anti-spam or marketing-consent law (including the Australian Spam Act, CAN-SPAM, CASL, and GDPR/ePrivacy consent rules).
• Upload, sync, or email a purchased, rented, scraped, appended, or otherwise non-consented recipient list.
• Upload or distribute malware, viruses, or other harmful code.
• Infringe the intellectual property, privacy, publicity, or other rights of any person.
• Engage in fraudulent, deceptive, abusive, harassing, defamatory, or misleading practices, or impersonate any person or organisation.
• Upload special-category or sensitive personal data — including health, biometric, genetic, precise location, government-identifier, financial-account, or children's data — or any data whose processing would require safeguards beyond those described in our Data Processing Addendum.
• Probe, scan, or test the vulnerability of, or attempt to gain unauthorised access to, our systems, our other customers' data, or any connected platform.
• Reverse engineer, decompile, scrape, or copy the Services, use them to build or train a competing product or model, or resell, sublicense, or provide the Services to third parties except as expressly permitted for agency use.
• Circumvent usage limits, credit metering, rate limits, or access controls, or share credentials to avoid paying for seats.
• Exceed rate limits, interfere with normal operation, or place an unreasonable load on our infrastructure or that of a connected platform.
• Use the Services in a way that risks our own reputation with a connected platform, an AI provider, or a mailbox provider.
• Violate any applicable law, regulation, or third-party platform policy.

We may investigate suspected breaches and take action under section 16. Reports of abuse can be sent to support@wizel.ai.

We work to keep the Services available and performant, but we do not commit to any uptime level, response time, or service level agreement, and none is implied. The Services may be unavailable during planned maintenance, emergency maintenance, or events outside our control — including outages at a hosting provider, a connected platform, or an AI provider.

Support is provided by email on a commercially reasonable-efforts basis during Australian business hours. We may change the scope, channels, or hours of support at any time. Nothing in this section limits your rights under the Australian Consumer Law.

Keep your own copies. You are responsible for maintaining your own backups of anything you cannot afford to lose. We take backups for our own operational resilience, but our backups are not a substitute for yours, and we do not guarantee recovery of deleted, overwritten, or corrupted content.

The Services, including all software, models, prompts, templates, 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, non-sublicensable, revocable licence to use the Services in accordance with these Terms for the duration of your subscription. All rights not expressly granted are reserved.

You retain ownership of the data, brand assets, and content you upload or connect (“Customer Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Content solely to provide, secure, support, and improve the Services for you, and as described in our Privacy Policy and Data Processing Addendum. This licence ends when the Customer Content is deleted, except for copies retained in routine backups until they are purged on our normal cycle.

You represent and warrant that you own or have all rights necessary to grant that licence, and that Customer Content does not infringe or misappropriate the rights of any third party.

If you give us feedback, ideas, or suggestions, we may use them without restriction, attribution, or obligation to you.

We may identify you as a customer and use your name and logo in customer lists and marketing materials. You may withdraw that permission at any time by emailing info@wizel.ai.

Each party may receive non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and contractors who need it and are bound by confidentiality obligations at least as protective.

These obligations do not apply to information that is or becomes public without breach, was already known without a duty of confidence, is independently developed, or is lawfully received from a third party. A party may disclose Confidential Information where compelled by law, provided it gives reasonable prior notice where legally permitted.

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 — including subscriber and customer data you sync from a connected platform — you are the controller (or, where you act for a client, the processor) and we act as your processor. That processing is governed by our Data Processing Addendum, which forms part of these Terms and sets out our obligations, our sub-processors, the security measures we apply, and how we support your obligations to data subjects and regulators.

You are responsible for the lawfulness of the personal data you bring into the Services — including having a lawful basis to collect it, to transfer it to us, and to have us process it for the purposes you instruct — and for providing any notices and obtaining any consents your own privacy obligations require.

To the maximum extent permitted by law, the Services and all content, output, benchmarks, and recommendations 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, title, accuracy, and non-infringement.

Without limiting that, we do not warrant that:

• the Services will be uninterrupted, timely, secure, or error-free;
• AI output will be accurate, original, lawful, or fit for your purpose;
• any message will be delivered, reach an inbox, or avoid a spam folder;
• any forecast, benchmark, score, or recommendation will prove correct;
• the Services will produce any particular commercial result, including revenue, engagement, or growth; or
• defects will be corrected, or that the Services will remain compatible with any connected platform.

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, lost revenue, lost data, lost goodwill, or business interruption, arising out of or relating to the Services — even if advised of the possibility and regardless of the theory of liability.

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 us for the Services in the twelve months before the event giving rise to the liability, or (b) AUD 100.

Without limiting the above, we are not liable for loss arising from:

• deliverability, inbox placement, sender reputation, blocklisting, or enforcement action taken against you by a mailbox provider or connected platform;
• your reliance on AI output, forecasts, benchmarks, or recommendations without independent verification;
• the content, timing, targeting, or legality of any campaign you send;
• acts, omissions, outages, pricing changes, API changes, or data handling of a connected platform, AI provider, or other third party;
• your own or your users' deletion, misconfiguration, or unauthorised disclosure of data, or a compromise of your credentials; or
• any use of the Services in breach of these Terms.

What these limits do not cover. The limits in this section do not apply to your obligation to pay fees, your indemnity obligations under section 15, your breach of section 8 (Acceptable use), or either party’s liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

These limitations are a fundamental basis of the bargain between us and reflect the price paid for the Services. They apply even if a limited remedy fails of its essential purpose.

You will defend, indemnify, and hold harmless Wizel and its owner, personnel, contractors, and agents from and against any third-party claim, demand, investigation, or proceeding, and any resulting losses, damages, fines, penalties, and reasonable legal costs, arising out of or relating to:

• your Customer Content, brand assets, product claims, or the data you connect or upload;
• any campaign, message, or content you send or publish, including a claim that you emailed someone without consent or breached anti-spam, privacy, or consumer-protection law;
• your use of AI output, including a claim that it infringes or misappropriates a third party's rights;
• your breach of these Terms, of section 8 (Acceptable use), or of any applicable law or platform policy;
• your connection of an account you were not authorised to connect, or your access to a client's data without authority; and
• the acts and omissions of your users and, if you are an agency, of your clients.

We will notify you promptly of any claim, give you sole control of its defence and settlement (except that you may not settle in a way that admits our liability, imposes an obligation on us, or fails to fully release us, without our written consent), and provide reasonable cooperation at your expense. We may participate with our own counsel at our own cost.

We may suspend your access to all or part of the Services, immediately and without liability, if:

• we reasonably believe you are breaching section 8 (Acceptable use) or applicable law;
• your use poses a security, legal, or reputational risk to us, to another customer, or to a connected platform;
• we receive credible abuse or spam complaints relating to your account;
• a connected platform or AI provider requires or requests it; or
• payment is overdue after we have notified you.

We will give you notice and an opportunity to fix the problem where it is practicable and lawful to do so, and we will limit the suspension in scope and duration to what is reasonably necessary. We will restore access promptly once the cause is resolved. Suspension does not relieve you of the obligation to pay fees for the suspended period unless the suspension was our fault.

These Terms apply for as long as you use the Services. You may cancel your subscription or close your account at any time from your account settings.

We may terminate these Terms or your account: (a) immediately, if you materially breach these Terms and do not fix the breach within 10 days of notice, or immediately and without a cure period for a breach of section 8 that cannot reasonably be fixed; (b) immediately, if you become insolvent or subject to an insolvency process; or (c) for convenience, on 30 days’ notice, in which case we will refund the pro-rata portion of any prepaid subscription fee for the unused remainder of your current billing period.

What happens to your data. On termination your right to use the Services ends immediately. For 30 days afterwards we will keep your Customer Content available for export so you can retrieve it; after that we will delete or anonymise it in line with our Privacy Policy and Data Processing Addendum, unless we are required to retain it by law. If we terminated your account for breach of section 8, we may decline to provide an export where doing so would itself create legal risk. Please export anything you need before you cancel.

Sections that by their nature should survive — including 5, 6, 7 (for amounts accrued), 10, 11, 13, 14, 15, 19, and 20 — survive termination.

The Services. We are actively developing Wizel and may add, change, or remove features. We will not make a change that materially degrades the core functionality of a paid plan during a period you have already paid for without giving you notice and, if you are materially disadvantaged, the option to cancel and receive a pro-rata refund of the unused remainder.

These Terms. We may update these Terms. For changes that are not material — such as clarifications, formatting, or contact details — we will update the “Last updated” date and the change takes effect when posted. For material changes, we will give you at least 30 days’ notice by email or in the Services before they take effect. If you do not accept a material change, you may cancel before it takes effect and we will refund the pro-rata portion of any prepaid subscription fee for the unused remainder of your current billing period. Continuing to use the Services after a change takes effect means you accept it.

Superseded versions are available on request from info@wizel.ai.

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Wizel submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts entitled to hear appeals from them, and each party waives any objection to that venue on grounds of inconvenient forum.

Talk to us first. Before starting a formal proceeding, you agree to raise the issue with us in writing at info@wizel.ai and to negotiate in good faith for 30 days. Nothing in this section prevents either party from seeking urgent injunctive or equitable relief, or from bringing a claim in a small-claims tribunal where one is available.

Each party brings claims in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, to the extent permitted by law.

• Force majeure — neither party is liable for a failure or delay caused by an event beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, epidemic, industrial action, government action, internet or telecommunications failure, cyber attack, or the failure of a hosting provider, connected platform, or AI provider. Payment obligations are not excused.
• Assignment — you may not assign or transfer these Terms without our written consent, which we will not unreasonably withhold. We may assign them to an affiliate or in connection with a merger, acquisition, restructure, or sale of substantially all our assets — including on incorporation of a company to carry on the Wizel business.
• Independent contractors — the parties are independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.
• No third-party beneficiaries — these Terms are for the benefit of you and us only, and confer no rights on any other person, including your clients or your recipients.
• Notices — we may give notice by email to the address on your account or by posting in the Services; you give notice to us by email to info@wizel.ai. Notice is effective when sent, provided no delivery failure is received. Keep your account email current.
• Severability — if any provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest remains in force.
• No waiver — a failure or delay in enforcing a right is not a waiver of it, and a single or partial exercise does not prevent further exercise.
• Entire agreement — these Terms, together with the Privacy Policy, the Data Processing Addendum, and any order form or written agreement we sign, are the entire agreement between us on this subject and supersede all prior discussions, proposals, and representations. Any purchase-order or vendor terms you issue have no effect.
• Interpretation — headings are for convenience only; 'including' means 'including without limitation'; and these Terms are not to be construed against the drafter.
• Language — the English version of these Terms governs, whatever translation may be provided.

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