Terms of Service

These Terms are designed for serious use by businesses and agencies. They should be reviewed by your own legal counsel before you enter into high-value or regulated engagements.

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of Zyro’s websites, services, and software, including the Zyro Shopify app, the Zyro web app, dashboards, emails, and any scripts installed on your properties (collectively, the “Service”).

In these Terms, “Zyro”, “we” and “us” mean Zyro AI, ABN 66 670 726 691, Suite 1208/530 Little Collins Street, Melbourne VIC 3000.

By creating an account, installing the Zyro script, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

2. Eligibility and Accounts

• You must be at least 18 years old and have the authority to bind your organisation to these Terms.
• You are responsible for the accuracy of account information and for maintaining the confidentiality of your credentials.
• You are responsible for all activity that occurs under your account, whether or not authorised by you, and must notify us promptly of any unauthorised use.

3. The Service

Zyro is an app for online stores. It shows profit per sale and sales by channel, runs A/B tests and pop-up offers, checks your store and sends alerts, and sends shopper events to tools you connect. The Service may include, without limitation:

• Today, the Morning Brief, and Watchdog store checks and alerts;
• Profit, revenue by channel, shipping and customs reports;
• A/B tests of pages, theme templates, and product titles, descriptions and photos;
• Pop-up offers, discount codes, and offer tests;
• Customer groups, audiences, and shopper events sent to tools you connect;
• Analytics, heatmaps, user journeys, goals, funnels, dashboards, and export tools;
• AI writing suggestions for test and offer wording, and a check of how an ad matches its landing page;
• Integrations with third-party platforms (for example, Shopify, WooCommerce, Google, Meta, TikTok and Klaviyo);
• The Zyro Shopify app and its app embed and Web Pixel, and a JavaScript snippet that you install on Your Site to enable tracking, tests, offers, and insights.

We may update or modify the Service from time to time, including by adding or removing features, in our discretion. Where changes materially reduce core functionality of a paid plan, we will make reasonable efforts to provide notice.

4. Pre-Launch and Beta Features

From time to time, Zyro may make certain features available as alpha, beta, preview, or early access (“Beta Features”). Beta Features may be offered with limited documentation, limited guarantees, and may be changed or discontinued at any time.

Beta Features are provided “as is” and “as available” without any warranty, support, or SLA. You use them at your own risk.

5. Customer Responsibilities

You are responsible for:

• Configuring and installing the Zyro script correctly on Your Site;
• Maintaining your own privacy notices and consents for End Users, including where required for cookies, analytics, and experimentation;
• Determining whether the Service is appropriate for your business, compliance posture, and regulatory environment;
• Reviewing AI-generated outputs before use, including checking for factual accuracy, compliance, and suitability;
• Ensuring that your use of the Service complies with applicable laws and third-party terms.

We are not responsible for any loss arising from an incorrect installation of the script, misconfigured experiments or goals, or your failure to implement or review recommendations.

6. Acceptable Use

You agree not to:

• Use the Service in any way that violates applicable law, including privacy, consumer protection, or advertising laws;
• Generate or distribute content that is illegal, defamatory, harassing, hateful, or infringing;
• Attempt to access or probe systems or accounts without authorisation, or interfere with the security or integrity of the Service;
• Reverse-engineer, decompile, or attempt to derive the source code or underlying models of the Service, except to the extent permitted by law;
• Use the Service to build a competing offering or to benchmark for the purpose of publishing comparative claims without our written permission;
• Use any automated means (such as bots or scripts) to access the Service in a way that overloads or harms our infrastructure;
• Misuse rate limits or attempt to circumvent usage caps or plan restrictions.

7. Subscriptions, Fees, and Renewals

Access to paid features of the Service is provided on a subscription basis (“Subscription”). Subscription details, including pricing, included features, Monthly Tracked Users (MTU), and limits, are described on our Pricing page or in a separate order form.

• Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, as selected by you.
• Automatic Renewal: Your Subscription will renew automatically at the end of each Billing Cycle unless you cancel before renewal.
• Changing Plans: When you move to a different plan, the change is charged or credited pro rata for the rest of the Billing Cycle. We do not charge overage fees. If your usage stays above your plan's limits (for example, monthly tracked visitors), we may ask you to move to a plan that fits.
• Cancelling and Refunds: You can cancel at any time, and your plan stays active until the end of the period you have paid for. Fees are not refunded for part of a Billing Cycle, except where the Australian Consumer Law or other applicable law requires a refund, or where we charged you in error. Nothing in these Terms excludes, restricts or modifies any right you have under the Australian Consumer Law.
• Billing Through Shopify: If you subscribe through the Shopify App Store, Shopify collects the charges on your Shopify invoice, and you change or cancel your plan in your Shopify admin. Uninstalling the app cancels the subscription.

8. License and Intellectual Property

8.1 Our Rights

The Service, including all software, documentation, interfaces, graphics, logos, and underlying models (excluding Customer Data and third-party content) are owned by Zyro or its licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes and those of your clients, subject to these Terms and any applicable plan limits.

8.2 Customer Data

As between you and Zyro, you own all rights in Customer Data, including data from Your Site, your configurations, and content you upload or input into the Service.

You grant Zyro a worldwide, non-exclusive licence to host, use, process, transmit, and display Customer Data as reasonably necessary to provide, maintain, secure, and improve the Service, and to comply with law.

8.3 AI-Generated Output

The Service can generate suggestions using AI (“AI Output”), such as test and offer wording, headline ideas, and notes on how an ad matches its landing page.

• Subject to third-party terms that may apply, Zyro assigns to you its rights in the AI Output generated specifically for your account.
• You are solely responsible for reviewing AI Output before using it in production, including for accuracy, compliance, and suitability.
• Due to the nature of machine learning, similar or identical AI Output may be generated for other customers or users.

Zyro makes no warranty that AI Output will be unique, accurate, or suitable for any particular purpose, and you use it at your own risk.

8.4 Feedback

If you provide feedback, ideas, or suggestions about the Service (“Feedback”), you grant Zyro a perpetual, irrevocable, worldwide, royalty-free licence to use that Feedback for any purpose without obligation to you.

9. Third-Party Services and APIs

The Service may depend on or integrate with third-party products and services, including but not limited to cloud providers, AI APIs, ecommerce platforms, ad and email platforms, and analytics tools. Zyro does not control these third parties and is not responsible for their availability, performance, or terms.

Your use of third-party platforms is subject to their own terms and policies. If a third party changes or suspends its services, Zyro may need to modify or discontinue related features without liability.

10. Data Protection

The collection and use of personal information through the Service is governed by our Privacy Policy.

For enterprise customers, we may provide a separate Data Processing Addendum (DPA) that further governs the processing of personal data where required by applicable law. In the event of a conflict between these Terms and a signed DPA, the DPA will control with respect to its subject matter.

11. Confidentiality

Each party may have access to confidential information of the other party. “Confidential Information” means non-public information that is designated as confidential or that a reasonable person would consider confidential, including Customer Data, business plans, and technical information.

• Each party agrees to use Confidential Information only as necessary to perform its obligations under these Terms.
• Each party will protect the other’s Confidential Information using at least reasonable care.
• Confidentiality obligations do not apply to information that is publicly available through no fault of the receiving party, was lawfully known to the receiving party, is independently developed, or is lawfully disclosed to the receiving party by a third party.
• A party may disclose Confidential Information if required by law, after giving reasonable notice (where lawful) to the other party.

12. Term and Termination

These Terms apply from the time you first use the Service until your account is closed and all Subscriptions end, unless terminated earlier as permitted below.

• By You: You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current Billing Cycle unless otherwise agreed.
• By Zyro: We may suspend or terminate your access to the Service if you breach these Terms, if your account is inactive for an extended period, or for security reasons. We will attempt to provide notice where lawful and reasonable.
• Effect of Termination: Upon termination, your right to use the Service ends. Certain clauses that by their nature should survive (for example, payment obligations, limitations of liability, confidentiality, and IP ownership) will continue to apply.

13. Disclaimers

The Service is designed to surface opportunities, help you test changes, and measure performance, but it cannot guarantee outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS 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.

Without limiting the above, Zyro does not warrant that:

• Any specific ranking, traffic, conversion, or revenue outcome will be achieved;
• The Service will be free from errors, interruptions, or security vulnerabilities at all times; or
• AI Output, analytics, or recommendations will be accurate, complete, or suitable for your intended use.

14. Limitation of Liability

To the maximum extent permitted by law, in no event will Zyro, its affiliates, officers, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, Zyro’s aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the total amount paid by you to Zyro under these Terms for the Service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.

The limitations in this section do not limit liability that cannot be excluded under applicable law.

15. Indemnification

You agree to indemnify and hold harmless Zyro and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service, including any content or configurations you create;
• Your violation of these Terms or any applicable law; or
• Your violation of any third-party rights, including intellectual property or privacy rights.

16. Governing Law and Venue

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Melbourne, Victoria, and you consent to personal jurisdiction in those courts.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will change the “Last Updated” date at the top of this page. If we make material changes, we will provide additional notice (for example, via email or in-product notification) as required by law. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

18. Miscellaneous

• Entire Agreement: These Terms, together with any signed order form and any applicable DPA, constitute the entire agreement between you and Zyro regarding the Service.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force.
• No Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19. Contact Us

If you have questions about these Terms, please contact us at hello@zyro.world or via our Contact Page.