1.1 Age Restrictions
You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old.

1.2 Platform Account Ownership
Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a user account (Platform Account). The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

1.3 Acceptable Use
ZUMO reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the Platform inappropriately. Examples of prohibited uses include, but are not limited to, using the Platform:

• To engage in any act that would disrupt the access, availability, and security of the Platform, including but not limited to:
- Tampering with, reverse-engineering, or hacking our servers.
- Modifying, disabling, or compromising the performance of the Platform.
- Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
• Compromising the integrity of our system, including probing, scanning, and testing the vulnerability of our system unless expressly permitted by ZUMO.
• For any illegal purpose or to violate any laws, including without limitation to data privacy, anti-spam, telecommunications, and export control laws.
• To stalk, harass, or threaten users and any member of the public.
• To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with ZUMO or any third party.
• To send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
• To transmit or procure the sending of any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• Impersonating or attempting to impersonate ZUMO, a ZUMO employee, another user, or any other person or entity.
• Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.
• Using the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.
• Using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Using any device, software, or routine that interferes with the proper working of the Platform.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
• Otherwise attempting to interfere with the proper working of the Platform.

1.4 Use of Communication Services
The Platform may include certain communication features such as SMS, MMS, email, voice call capabilities, and other methods.
You agree that you are exclusively responsible for all communications sent using the Platform, including compliance with all applicable laws. This includes, but is not limited to:
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• Data privacy laws
• Anti-spam laws
• Telecommunications regulations
• Consumer protection laws
• Any other relevant local, state, national, or international laws
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By using the communication features of the Platform, you represent and warrant that you understand and will comply with these laws. ZUMO is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.
ZUMO is a technology platform communication service application provider ONLY.
ZUMO does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication methods. You control the message timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email, or otherwise, are created by and initiated by you, whether generated by you or sent automatically via the Platform at your direction.
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1.5 Third-Party Services
The Platform may leverage or include access to third-party services. ZUMO is not responsible for their usability or accessibility.

If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as phone numbers or email services) may not be retrievable upon reactivation.

If you pause some or all of your Platform Account for more than thirty (30) days, and ZUMO is still incurring costs on your behalf related to third-party services (such as the costs of securing a particular phone number on your behalf), ZUMO reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. ZUMO disclaims all liability related to outages or downtime of third-party services.
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1.6 Excessive Use Restrictions
We provide access to the Platform on a tiered-pricing basis (Platform Tier), and some tiers can process more data with less impact on performance.

We have no liability for the effect that your excessive data use may have on performance. If, in ZUMO’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in any way, we may:

(a) require that you upgrade your Platform Tier in order to continue your activity levels if your data use exceeds the intended use of your existing Platform Tier or if ZUMO’s operational costs to support your Platform usage exceeds the subscription price;
(b) suspend or terminate your use of the Platform, and/or
(c) reduce the amount of data you are able to use.

1.7 Platform Updates
ZUMO reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform.

You agree that your use of the Platform is not contingent on ZUMO’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.

ZUMO takes your privacy seriously. Information provided through your use of the Platform is subject to ZUMO’s Privacy Policy, which is available here. The Policy also addresses ZUMO’s processes, policies, and obligations regarding ZUMO Platform security breaches.
 
2.1 Data Use
ZUMO collects, stores, and processes your data on the ZUMO Platform. The data is used to provide you with services and facilitate ZUMO’s business operations. The Privacy Policy addresses ZUMO's processes, policies, and obligations regarding data encryption and removal requests.

You agree that ZUMO is not responsible or liable for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform.


2.2 Login Credentials
You are responsible for maintaining confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your Platform Account, and you agree to inform us immediately of any unauthorised use of your Platform Account by email to hello@zumocrm.com

We are not responsible for any loss or damage to you or to any third-party incurred because of unauthorised access to and/or use of your Platform Account.

ZUMO reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in ZUMO’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You must take preventative measures to prohibit unauthorised users from accessing your Platform Account with your Login Credentials.

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which ZUMO may immediately suspend or termination your Platform Account in accordance with these Terms:
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• Use of the Platform in any way that violates any applicable law or regulation.
• Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
• Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
• Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Impersonating or attempting to impersonate ZUMO, a ZUMO employee, another user or any other person or entity.
• Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.
• Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.
• Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use of any device, software or routine that interferes with the proper working of the Platform.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
• Otherwise attempting to interfere with the proper working of the Platform.

4.1 Subscription
In order to access the Services, you must first purchase a subscription through theWebsite (Subscription) and pay the applicable fee for the selected Subscription(Subscription Fee). After purchasing a Subscription, you will be considered a Member(‘Member’).

In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

You warrant that any information you give to ZUMO during the registration process will always be accurate, correct, and up to date. If your billing information changes, you agree to notify us of any changes within 10 business days of the change.

Some subscriptions require a non-cancellable minimum subscription period which cannot be cancelled until the period expires. Fees for such a non-cancellable minimum subscription period will continue to be automatically applied to your bill until the period expires.

4.2 Payments
Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time.

4.3 Communication Surcharges
Additional charges may be acquired resulting from the use of communication services available on the Platform (Communication Surcharges). You will pay all Communication Surcharges associated with your use of the Platform. CommunicationSurcharges will be shown as a separate line item on an invoice.

The Subscription Fee may be paid by all payment methods available on the Platform and may change from time to time.

4.4 Overdue Amounts
If, for any reason, your card company provider declines or otherwise refuses to pay the amount owed for the Subscription Fee you have purchased, you agree that we may suspend or terminate your use of the Platform and may require you to pay any over due fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due.

4.5 Payment Disputes
You will notify us in writing within sixty (60) days of the date we bill you for any invoiced fees or charges that you wish to dispute. You must pay all invoiced fees and charges while the dispute is pending, or you waive the right to pursue the dispute. Where you are disputing any fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All ZUMO determinations regarding your obligation to pay invoiced Fees and charges are final.

5.1 Refund Conditions
ZUMO Pty Ltd offers refunds in accordance with the Australian Consumer Law and on the terms set out in these Terms of Service. Refunds are applicable under the following conditions:

1) Platform Unavailability:
If ZUMO is unable to continue providing the Platform services due to unforeseen circumstances, you may be eligible for a refund proportional to the Subscription Fee that remains unused.

2) Service Deficiency:
If the Platform experiences significant downtime or service deficiencies that are not resolved within a reasonable time, and these issues significantly affect your use of the Platform, you may request a refund.

3) Managerial Discretion:
At the absolute discretion of a ZUMO manager, a refund may be granted under specific circumstances deemed reasonable by ZUMO.
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5.2 Refund Request Process
To request a refund, follow these steps:

1) Contact Support:
Contact ZUMO's customer support team via email at hello@zumocrm.com within thirty (30) days of the issue arising. Provide your account details, subscription information, and a detailed description of the reason for your refund request.

2) Evaluation:
ZUMO will review your request and evaluate the circumstances against our refund policy. This process may require additional information or documentation from you to support your claim.

3) Decision:
ZUMO will inform you of the decision regarding your refund request within fourteen (14) business days of receiving all necessary information. If your request is approved, the refund will be processed to the original payment method used for the subscription.

4) Proportional Refunds:
If a refund is granted due to the cessation of services or managerial discretion, the refund amount will be proportional to the remaining unused portion of your Subscription Fee.

5) Non-refundable Situations:
No refunds will be provided for failure to cancel your subscription properly, dissatisfaction with the Platform’s features or performance that are within the expected operation as described, or any other reasons not explicitly covered by this refund policy.

5.3 Cancellations
You are solely responsible for cancelling the subscription associated with your account. To cancel your subscription, follow these steps:

1) Login to Account:
Log in to your Platform account.

2) Navigate to Subscription Settings:
Go to the account settings or subscription management section.

3) Cancel Subscription:
Follow the prompts to cancel your subscription. Ensure you complete all steps to confirm the cancellation.
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You will be responsible for all fees incurred until such cancellation is confirmed. No refunds will be provided for your failure to cancel your subscription properly. You are solely responsible for cancelling the subscription associated with your account, and you will be responsible for all fees incurred until such cancellation occurs.

Any benefits set out in these terms and conditions may apply in addition to consumer’s rights under the Australian Consumer Law.

ZUMO will only refund the Subscription Fee in the event it is unable to continue providing the Platform Services or if a manager of ZUMO decides, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be proportional to the Subscription Fee that remains unused by You.

The Platform and its contents are the property of ZUMO or its licensors and are protected by copyright, trade mark and other intellectual property laws. Unless otherwise indicated, all rights in the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, codes, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by ZUMO or its contributors.

ZUMO grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform pursuant to the Terms. Any other use, including the reproduction, modification, distribution, or republication of Platform Content without prior permission of ZUMO, is strictly prohibited.

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:

a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
b) ZUMO will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Platform or these Terms (including as a result of not being able to use the Platform), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Platform is at your own risk. Everything on the Platform is provided to you “as is” and “as available” without warranty or condition of any kind. Without limiting the foregoing, ZUMO does not make any express or implied representations or warranty that:

a) the platform will meet your requirements,
b) the platform will be uninterrupted, timely, secure, or error-free,
c) the results that may be obtained from the use of the platform will be effective, accurate or reliable; or,
d) the quality of the platform will meet your expectations or be free from mistakes, errors, or defects.

You acknowledge that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree that ZUMO is not liable for any changes to, interception of, or loss of your data while in transit via the internet or a telecommunications provider’s network.

ZUMO reserves the sole right to either modify or discontinue the platform, including and services or features therein, at any time with or without notice to you. Modifications may include, but are not limited to, changes in the pricing structure and the addition of free or fee-based services, any new features that augment or enhance the then-current services on the Platform.

ZUMO’s total liability arising out of or in connection with the Platform or these Terms, however arising, including under contract, tort (including negligence), in equity, under stature or otherwise, will not exceed the resupply of the Platform to you.

You expressly understand and agree that ZUMO, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

ZUMO’s total liability shall not exceed the amount paid by the user in the last 12 months.

You agree to indemnify, defend, and hold harmless ZUMO Pty Ltd, its affiliates, officers,directors, employees, agents, contributors, licensors, and suppliers (collectively,"ZUMO") from and against any and all claims, liabilities, damages, losses, costs,expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

1. Your use or misuse of, or access to, the Platform;
2. Your violation of these Terms of Service;
3. Your violation of any third-party right, including without limitation anyintellectual property right, publicity, confidentiality, property, or privacy right;
4. Any claim that your content caused damage to a third party;
5. Your violation of any applicable laws, rules, or regulations.

This indemnity includes, without limitation, liability relating to any user-generatedcontent that you create, submit, post, or transmit using the Platform.ZUMO reserves the right, at your expense, to assume the exclusive defence and controlof any matter for which you are required to indemnify ZUMO, and you agree tocooperate with ZUMO's defence of these claims. You agree not to settle any matterwithout the prior written consent of ZUMO. ZUMO will use reasonable efforts to notifyyou of any such claim, action, or proceeding upon becoming aware of it.

ZUMO may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without ZUMO’s prior written consent which may be withheld at ZUMO’s sole discretion.

11.1 Compulsory
‍If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with.

11.2 Notice
A party to the Terms claiming a dispute has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.

11.3 Resolution
On receipt of notice by the other party, the parties to the Terms must:

a) Within 28 days of the notice endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b) If, for any reason whatsoever, 28 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by ZUMO;
c) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
d) The mediation will be held in Sydney, Australia.

11.4 Confidential
All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

11.5 Termination of Mediation
If 2 months have elapsed after the start of a mediation of the dispute, and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

The Terms are governed by the Laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assignees.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Disclaimer
ZUMO Pty Ltd ("ZUMO") provides access to various third-party services through its Platform. However, ZUMO is not responsible for the usability, availability, or performance of these third-party services. Users acknowledge and agree that:
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1. Third-Party Service Interruptions:
ZUMO is not liable for any interruptions, delays, errors, or other issues that may arise from the use of third-party services integrated with or accessed through the Platform. This includes, but is not limited to, disruptions caused by maintenance, updates, technical failures, or any other reason beyond ZUMO's control.
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2. Independent Terms and Conditions:
Each third-party service accessed through the Platform is governed by its own terms and conditions. Users are solely responsible for reading, understanding, and agreeing to these terms and conditions before using any third-party services. ZUMO does not endorse, warrant, or assume any responsibility for the accuracy, reliability, or completeness of any third- party terms and conditions.
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3. No Endorsement or Liability:
The inclusion of any third-party services on the Platform does not imply endorsement or recommendation by ZUMO. Users interact with these services at their own risk. ZUMO disclaims all liability for any harm, damages, or losses arising from or related to the use of third-party services, including but not limited to, data breaches, service outages, and performance issues.
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4. User Responsibility:
Users are responsible for managing their relationships with third-party service providers, including addressing any issues or disputes that may arise. ZUMO encourages users to review the privacy policies, security practices, and service agreements of third-party providers to ensure they meet their needs and standards.
By using the Platform and any third-party services accessible through it, you acknowledge and accept this Disclaimer. If you do not agree with this Disclaimer, you should not use the third-party services available through the Platform.