Please read the Agreement carefully before accessing or using the Maisie Service. Your access or use of any part of the Maisie Service evidences your agreement to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the Maisie Service.
“Customer Provided Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to Maisie by or on your behalf in relation to the use of the Maisie Service, including your information and data available in on a Supported Platform that you’ve authorised Maisie to interact with.
“Mentions” means the information, including links, posts, and excerpts, that has been made publicly available and obtained by Maisie on your behalf from the Internet.
“Supported Platform(s)” means the third party site(s) currently supported by the Maisie Service, including Facebook, Messenger, WhatsApp, Instagram and BigCommerce.
2. Maisie Account
- To access and use the Maisie Service, you must register for an account with Maisie (“Maisie Account”) and provide certain information including your email address, phone number and any other information identified as being required. You agree to maintain accurate, complete, and up‑to‑date information for your Maisie Account. Your failure to maintain accurate, complete, and up‑to‑date Maisie Account information, including having an invalid or expired payment method, may result in your inability to access and use the Maisie Service or Maisie’s termination of your Maisie Account.
- You acknowledge and agree that the Maisie app will be able to access all the data in the Supported Platforms that you connect and authorise Maisie to access. You are responsible for all activity that occurs under your Maisie Account, and you agree to maintain the security and secrecy of your Maisie Account username(s) and password(s) at all times. You must promptly notify Maisie if you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorised disclosure or use of your Maisie Account, username or password. Maisie cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- Maisie may reject your application for a Maisie Account, or cancel an existing Maisie Account, for any reason, in our sole discretion.
3. General Conditions
- Technical support is available by emailing us.
- The Maisie Service is currently only available in English. Other languages may be supported by Maisie in future at its sole discretion.
- You acknowledge and agree that the Maisie Service, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Maisie.
- You may not use the Maisie Service for any illegal or unauthorised purpose nor may you, in the use of the Maisie Service, violate any laws in your jurisdiction, or the laws of the State of Victoria, Australia.
- You may not use Maisie to market products that are restricted to people that are 21 years or older.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Maisie Service, use of the Maisie Service, or access to the Maisie Service without our express written permission.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords or Bing Ads), trademarks or domain names that use Maisie’s trademarks and/or variations and misspellings thereof.
- If you authorise Maisie to send marketing messages to any customer email lists you maintain, you covenant to Maisie that you are permitted to send, and permitted to allow Maisie to send, electronic messages to all persons on the Email List who have agreed to accept marketing and that sending an electronic message to someone on the Email List is in compliance with all applicable laws, rules, regulations and directives, including but not limited to those relating to email marketing and “spamming”. In no event shall you have persons on your Email List that have unsubscribed from receiving marketing email from you or who you are prohibited by applicable law from sending electronic messages to.
- Where Maisie receives an “unsubscribe” response from someone on your Email List, Maisie will remove the “accepts marketing” designation from that person on your Email List.
4. Maisie’s Rights
- We reserve the right to modify, including but not limited to adding or removing features, discontinue or terminate the Maisie Service or any part thereof, or terminate your Maisie Account or your access to the Maisie Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Maisie Service or any part thereof, or the termination of your Maisie Account or your access to the Maisie Service.
- We reserve the right to refuse the Maisie Service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Maisie employee, member, or officer will result in immediate termination.
- We reserve the right, but are not obligated, to limit the availability of the Maisie Service, or products or services made available via the Maisie Service, to any person, geographic region or jurisdiction. We may exercise this right on a case‑by‑case basis.
- We reserve the right to provide our Maisie Service to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Maisie’s employees and contractors may also use the Maisie Service and that they may compete with you, although they may not use your confidential information in doing so.
5. Supported Platforms and Mentions
- You acknowledge that the Maisie Service interoperates with several Supported Platforms, and that the services provided by Maisie are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to Maisie on reasonable terms, Maisie may cease to provide such features to you without entitling you to refund, credit, or other compensation.
- You understand that by using the Maisie Service you may be exposed to third‑party content, information, and Mentions that might be unlawful, offensive, harmful, inaccurate or otherwise objectionable. Maisie does not own, control, or review Mentions, and unless Customer creates the content of Mentions, Mentions shall not be considered “Customer Provided Content” under any circumstances. Maisie has no obligation to preview, verify, flag, modify, filter, or remove any Mentions, even if requested to do so, although Maisie may do so in its sole discretion. Your use of Mentions is at your sole risk, and Maisie shall not be liable to you or any third party in relation to Mentions.
6. Intellectual Property
- You grant Maisie a limited, worldwide, non‑exclusive licence, without a right of sublicence, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Provided Content for the purpose of supporting your use of the Maisie Service and providing the Maisie Service to you. Maisie may also use Customer Provided Content for the purpose of supporting and developing the Maisie website or app, provided that when doing so, Maisie shall only use Customer Provided Content in an anonymised and aggregated way. Subject only to the limited licence expressly granted herein, you shall retain all right, title and interest in and to the Customer Provided Content and all intellectual property rights therein. Nothing in this Agreement will confer on Maisie any right of ownership or interest in the Customer Provided Content.
7. Third Party Maisie Services
- You acknowledge that the Maisie Service may enable or assist you in accessing, interacting with and/or purchasing services from Supported Platforms and other third parties via third party software, applications, products, services or website links (collectively, “Third Party Maisie Services”) for your consideration or use. Such Third Party Maisie Services are made available only as a convenience, and your purchase, access or use of any such Third Party Maisie Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Maisie Services offered through the Maisie Service or the Website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Maisie Services before using them.
- We do not provide any warranties with respect to Third Party Maisie Services. You acknowledge that Maisie has no control over Third Party Maisie Services, and shall not be responsible or liable to anyone for such Third Party Maisie Services. Any issues caused by or related to Third Party Maisie Services need to be brought to the provider of the applicable Third Party Maisie Service and will not be dealt with by Maisie. The availability of Third Party Maisie Services on the Website or the integration or enabling of such Third Party Maisie Services with the Maisie Service does not constitute or imply an endorsement, authorisation, sponsorship, or affiliation by or with Maisie. Maisie recommends that you seek specialist advice before using or relying on Third Party Maisie Services, to ensure they will meet your needs.
- Maisie is not responsible for any ads that are rejected or undelivered by Supported Platforms such as Facebook and Google. All ad processes are managed by and in the complete discretion of these Third Party Providers and Maisie has no knowledge of such processes. Any questions relating to rejected or undelivered ads must be directed to the support team of the Supported Platform.
- If you install or enable a Third Party Maisie Service for use with the Maisie Service, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Maisie Service with the Maisie Service, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Maisie is not responsible for any disclosure, modification or deletion of your data or Customer Provided Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Maisie Service or a Third Party Provider to your data or Customer Provided Content.
- Under no circumstances shall Maisie be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Maisie Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Maisie has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Maisie partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Maisie Service or your relationship with a Third Party Provider.
8. Privacy and User Data
- After an initial free trial period, if any, your continued use of the Maisie Service and your continued access to the data and information stored in your Maisie Account will require a paid subscription. You will be asked to select a subscription plan. The subscription plan you select will automatically begin and the credit card you provided will be charged for that subscription amount unless you cancel the Maisie Service before the expiration of any applicable free trial period or the preceding subscription period, as the case may be. You can cancel your subscription at any time on the Website’s Billing Page or by emailing us.
- Until you cancel your subscription, your subscription will be renewed automatically and your credit card will be charged for each renewal at the end of each subscription period. Prices are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the site or the Maisie Service itself. If you have any questions, comments or requests regarding your subscription, please email us.
- You acknowledge that in addition to Fees charged by Maisie there might be fees applicable to any Third Party Maisie Services associated with your Maisie Account. You agree to be liable for any Third Party Maisie Services that Maisie purchases on your instructions, including but not limited to advertising spend on Supported Platforms.
10. Interaction with Maisie using Facebook Messenger
- You will interact with the Maisie Service using Facebook Messenger or any other Third Party Maisie Service approved by Maisie (each a “Chat Application”). Facebook Messenger is a Third Party Maisie Service available through a Third Party Provider.
- When you register for your Maisie Account, we will send you a message through your Facebook Messenger account or other supported Chat Applications selected by you to confirm your signup.
11. User Comments, Feedback and Other Submissions
- You agree that your Comments will not violate any right of any third‑party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Maisie Service or any related website or application. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third‑parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third‑party.
12. Prohibited Uses
13. Disclaimer of Warranties & Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAISIE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
- MAISIE DOES NOT WARRANT THAT (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS AT YOUR OWN RISK.
- OCCASIONALLY THERE MAY BE INFORMATION AVAILABLE THROUGH THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY.
- WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE HAS BEEN MODIFIED OR UPDATED.
14. Governing Law
17. Waiver and Entire Agreement