Terms of Service & EULA

1. This agreement

These Terms of Service (the “Terms”) are a legal agreement between you (“you”, “Customer”) and Mangoe (ABN 57 674 662 894) (“Mangoe”, “we”, “us”). They apply to mangoe.co, zappybook.com, the ZappyBook application and related services (together, the “Services”), and they incorporate our Privacy Policy and Data Deletion instructions. They also function as the End User License Agreement for the ZappyBook software.

2. Definitions

• “Customer Data” means the data, content and files you or your authorised users submit to the Services, including information about your own clients (“End-Clients”).
• “Authorised User” means a person you permit to use the Services under your account.
• “Subscription” means a paid or beta plan giving access to the Services.
• “Third-Party Service” means a product not provided by Mangoe that you choose to connect (for example Google, Meta, QuickBooks or Stripe).

3. Eligibility & accounts

You must be at least 18 and able to form a binding contract. You’re responsible for your account, for keeping your credentials secure, for the activity of your Authorised Users, and for providing accurate registration details. Tell us promptly at info@mangoe.co if you suspect unauthorised access.

4. Licence to use

The Services are provided as a subscription to cloud-hosted software, not a sale of software. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes during your Subscription. We and our licensors retain all intellectual property rights in the Services. You must not copy, modify, reverse engineer, resell, scrape, or attempt to derive source code from the Services except as permitted by law.

5. Acceptable use

You agree not to use the Services to:

• break the law or infringe anyone’s intellectual property, privacy or other rights;
• upload malicious code, or interfere with or probe the Services’ security or infrastructure;
• send unlawful, deceptive, or unsolicited messages (you must comply with anti-spam laws including the Spam Act 2003 and CAN-SPAM when sending communications);
• store or transmit content that is unlawful, harmful, or that you’re not authorised to handle; or
• circumvent usage limits, or resell or provide the Services to third parties except as expressly allowed.

You are solely responsible for the legality and handling of what you upload, including sensitive details such as property-access codes (e.g. lockbox or gate codes) and any health, financial or personal information about your End-Clients. We may remove content or suspend access we reasonably believe breaches this section.

6. Your data & content

You own your Customer Data. We don’t claim ownership of it. You grant us a limited licence to host, store, copy, transmit, display, back up and process Customer Data solely to provide, secure, maintain, support and improve the Services, and as directed in our data-processing terms.

You represent and warrant that you have all rights, consents and authorisations needed to provide the Customer Data (including your End-Clients’ personal information and any media), and that it doesn’t infringe any third party’s rights or breach any law. You’re responsible for maintaining your own backups where appropriate; you can export your Customer Data while your account is active.

7. Data-protection roles

For Customer Data about your End-Clients, you are the controller (or “business”) and Mangoe is the processor (or “service provider”). We process such data only on your documented instructions and to provide the Services, as set out in our Privacy Policy and our Data Processing Addendum (available to customers on request at info@mangoe.co). You’re responsible for giving your End-Clients any required notices and for having a lawful basis to collect and upload their information. Where you use the Services to send email to your End-Clients, you are the sender responsible for complying with applicable anti-spam law.

8. Third-party services

The Services can connect to Third-Party Services that are governed by their own terms and privacy policies. We don’t control them and aren’t responsible for their availability, acts or content. Enabling an integration authorises the exchange of data needed for that feature. Payments are processed by Stripe under Stripe’s terms; we don’t store full card details.

9. Fees, billing & renewals

• Plans & fees: fees are shown at sign-up or in your order. Unless stated otherwise, prices are in the currency displayed and may be exclusive of taxes such as GST, which you’re responsible for.
• Auto-renewal: paid Subscriptions renew automatically for the same period unless cancelled before the renewal date. We’ll show your renewal date and billing cycle clearly, and cancelling is as easy as signing up, you can cancel anytime from your account or by contacting us.
• Price changes: we’ll give you advance notice of any price change, and it won’t take effect until your next renewal, so you can cancel beforehand if you don’t accept it.
• Free trials & beta: where offered, we’ll tell you the terms before any charge begins.
• Failed payments: we may retry, and may suspend or limit access for unpaid fees after notice.
• Refunds: except where required by law (including the Australian Consumer Law), fees are non-refundable for partial periods. Nothing here limits your non-excludable rights.

10. Beta & early access

Beta or early-access features are provided “as is” and may change, be unstable, or be withdrawn. They may have limited support. We’re grateful for your feedback, and you grant us the right to use feedback you provide to improve our products.

11. Availability & maintenance

We work hard to keep the Services available and reliable, but we don’t guarantee they will be uninterrupted, timely, secure or error-free. We may perform scheduled or emergency maintenance, and may update or change features over time. This section is subject to your non-excludable rights (section 13).

12. Warranties & disclaimer

Except as expressly stated and to the maximum extent permitted by law, the Services are provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. This section is subject to section 13.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded (“Non-Excludable Rights”). Our Services come with guarantees that can’t be excluded under the Australian Consumer Law.

All disclaimers, exclusions and limitations in these Terms apply only to the extent permitted by law and are read subject to your Non-Excludable Rights. Where permitted (and where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use), our liability for breach of a consumer guarantee is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied.

14. Limitation of liability

Subject to section 13, to the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special or consequential loss, or loss of profits, revenue, data or goodwill; and (b) each party’s total aggregate liability arising out of or in connection with the Services is limited to the fees you paid us for the Services in the 12 months before the event giving rise to the liability. You’re responsible for maintaining your own copies of important Customer Data.

15. Indemnity

You agree to indemnify us against third-party claims, losses and reasonable costs arising from your Customer Data, your breach of these Terms or the Acceptable Use section, your infringement of a third party’s rights, or your misuse of the Services, except to the extent caused by us. This indemnity is subject to your Non-Excludable Rights.

16. Confidentiality

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and disclose it only to those who need it and are bound by similar obligations, except where disclosure is legally required. These obligations survive termination.

17. Term & termination

These Terms apply while you use the Services. You may cancel at any time. Either party may terminate for material breach that isn’t cured within a reasonable period after notice. On termination, your right to use the Services ends, and accrued fees remain payable. For a reasonable period after termination (typically 30–90 days), you may export your Customer Data, after which we will delete or de-identify it, except where we must retain it by law. See Data Deletion for details.

18. Suspension

We may suspend or limit access where reasonably necessary, for example for non-payment, a security risk, a legal requirement, or a serious breach of the Acceptable Use section, and will give notice where practicable.

19. Governing law & disputes

These Terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria. Before starting proceedings, we encourage you to contact us so we can try to resolve the matter in good faith. Either party may still seek urgent injunctive relief.

20. Changes to these terms

We may update these Terms from time to time. We’ll post the updated version here with a new date and, for material changes, give you reasonable notice (such as by email or in-product) before they take effect. If you don’t agree to a material change, you may cancel before it takes effect. Continued use after that means you accept the updated Terms.

21. General

You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. If any provision is unenforceable, the rest remain in effect. These Terms (with the documents they incorporate) are the entire agreement between us. Our failure to enforce a right isn’t a waiver. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors. Provisions that by their nature should survive termination (including intellectual property, confidentiality, indemnity, liability limits and governing law) will survive.

22. Contact

Questions about these Terms? Contact info@mangoe.co or write to Mangoe, Beaconsfield, VIC 3807, Australia (ABN 57 674 662 894).