Terms of Service

2.1 Agreement

These Terms govern use of Ozibus websites, applications, dashboards, APIs, SDKs, widgets and other services.

By creating an account, accepting an order or using the Services, you agree to these Terms.

If you use Ozibus for an organisation, you confirm that you are authorised to bind that organisation.

2.2 Services

Ozibus provides communications, engagement and operational technology including SMS, email, WhatsApp Business messaging, chat, scheduling, broadcasts, verification, APIs and associated tools.

Service availability, channel coverage and functionality may vary by country, carrier, provider, plan and integration.

Unless expressly stated in an applicable Service Level Agreement, performance information on our website describes targets or historical information and is not a guarantee.

2.3 Customer responsibilities

You must:

• use Ozibus lawfully;
• maintain accurate account information;
• protect credentials and API keys;
• obtain required recipient permissions and consents;
• maintain legally required records of consent;
• honour opt-outs;
• use legitimate sender identities;
• comply with applicable messaging and privacy laws;
• comply with telecommunications, carrier and third-party messaging-platform requirements; and
• ensure Customer Data supplied to Ozibus was lawfully collected.

You must not attempt to use Ozibus to avoid legal, carrier or regulatory requirements.

2.4 Messaging compliance

Where Australian commercial electronic messaging requirements apply, customers must ensure commercial communications are sent with required consent, identify the sender and provide a functional unsubscribe mechanism.

Ozibus may maintain suppression lists or block messages where reasonably necessary to prevent unlawful communications.

For Australian branded SMS/MMS, customers must cooperate with applicable SMS Sender ID Register requirements.

For WhatsApp Business messaging, customers must comply with the current WhatsApp Business Messaging Policy, WhatsApp Messaging Guidelines, WhatsApp Business Terms of Service and any other Meta or WhatsApp terms applicable to the enabled service.

Before initiating WhatsApp messages or calls, customers must have the recipient information and opt-in permission required by WhatsApp and applicable law. Customers must keep appropriate evidence of that permission and promptly honour block, stop, unsubscribe and other opt-out requests.

Where the WhatsApp Business Platform requires approved message templates, customer-service windows, message categories, business verification, quality controls or other channel restrictions, customers must comply with those requirements. Ozibus cannot override Meta or WhatsApp enforcement decisions.

2.5 Customer Data

As between Ozibus and the customer, the customer retains ownership of Customer Data.

The customer grants Ozibus the limited rights necessary to host, process, transmit, reproduce and otherwise handle Customer Data to provide, protect and support the Services.

Ozibus does not acquire ownership of Customer Data.

2.6 Data processing

The Ozibus Privacy Policy and, where applicable, the Ozibus Data Processing Addendum govern our processing of personal information.

Customers acknowledge that Ozibus's primary hosting infrastructure is currently located in Phoenix, Arizona, United States.

2.7 Security

Ozibus will maintain reasonable security measures appropriate to the nature of the Services and information processed.

Customers remain responsible for their own account security, endpoint security, credential management and configuration choices.

2.8 Fees

Ozibus operates on a prepaid, pay-as-you-go basis. Ozibus does not automatically charge standard customers on a recurring basis. Customers fund an Ozibus Account Balance and applicable usage charges are deducted from that balance as Services are used. Fees are those displayed in the relevant Ozibus interface, pricing page, order or commercial agreement.

Unless expressly stated otherwise:

• usage charges are based on measured usage;
• carrier or destination pricing may vary;
• the minimum standard top-up is A$20;
• charges are deducted from the customer's available Ozibus Account Balance as usage occurs; and
• for a single funding transaction of A$10,000 or more, the customer must contact Ozibus Sales for an invoice and approved Stripe-enabled bank-transfer or other payment workflow.

The Ozibus Account Balance may be spent only on eligible Ozibus Services. It cannot be transferred between customers, used to pay third-party merchants, withdrawn as cash or used to earn interest.

Prices displayed to Australian customers should state the applicable currency and whether taxes are included or additional.

2.9 Refunds and statutory rights

Payments are non-refundable except where:

• Ozibus expressly agrees otherwise;
• an applicable plan or order provides otherwise; or
• a refund or other remedy is required by law.

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

2.10 Suspension

Ozibus may suspend Services where reasonably necessary to address:

• security risks;
• fraud;
• spam or abuse;
• unlawful activity;
• material breaches of these Terms;
• non-payment;
• threats to Ozibus infrastructure or other customers; or
• legal, carrier or regulatory requirements.

Where reasonably practicable and safe, Ozibus will provide notice and an opportunity to remedy a breach before a non-urgent suspension.

Immediate action may be taken where necessary to protect users, systems, carriers or third parties.

2.11 Termination

A customer may close or terminate its Ozibus account subject to these Terms and any applicable written order or enterprise agreement. Ozibus may terminate an account as permitted by these Terms or applicable law.

On termination, customers should export information they require during any available export period.

Ozibus may subsequently delete Customer Data in accordance with its retention policy, legal obligations and applicable contract.

2.12 Intellectual property

Ozibus and its licensors retain all intellectual-property rights in the Ozibus platform, software, APIs, SDKs, documentation, trademarks and related technology.

No ownership rights are transferred except as expressly stated.

2.13 Confidentiality

Each party must protect the other's confidential information using reasonable care and use it only for purposes connected with the Services, except where disclosure is authorised or legally required.

2.14 Third-party networks

Message and communication delivery depends on third-party networks and providers, including Twilio for Ozibus SMS and WhatsApp connectivity, Namecheap-hosted private email infrastructure for Ozibus email delivery, Meta/WhatsApp systems, telecommunications carriers, recipient email systems, browsers and recipient infrastructure.

Ozibus cannot guarantee that every communication will be delivered, opened or accepted.

Carrier or platform filtering, recipient blocking, Twilio or telecommunications restrictions, Namecheap/email-system restrictions, Meta/WhatsApp quality or policy enforcement, internet failure, destination restrictions and third-party outages may affect delivery.

2.15 Service changes

Ozibus may change or improve the Services.

For material changes that substantially reduce paid functionality, Ozibus will provide reasonable advance notice where practicable.

Changes may take effect immediately where required for security, legal compliance, carrier requirements or to address an urgent risk.

2.16 Liability

Nothing in these Terms excludes liability that cannot legally be excluded.

Subject to that limitation, neither party will be liable to the other for indirect or consequential loss that was not reasonably foreseeable.

For liability that may lawfully be limited, Ozibus's aggregate liability arising from the Services will ordinarily be limited to the fees paid or payable for the affected Services during the 12 months preceding the event giving rise to the claim.

This limitation does not apply where applicable law prohibits the limitation.

2.17 Indemnity

A customer must indemnify Ozibus against third-party claims to the extent caused by the customer's unlawful content, infringement of third-party rights, unlawful messaging activity, intentional misuse of the Services or material breach of these Terms.

The indemnity does not apply to the extent the claim was caused by Ozibus's own breach, negligence or unlawful conduct.

2.18 Governing law

These Terms are governed by the laws of Victoria, Australia and applicable Commonwealth laws of Australia.

The parties submit to the non-exclusive jurisdiction of courts having jurisdiction in Victoria.