Our terms of use

Last updated: 19 February, 2018

“The following terms and conditions (“Terms of Use”) govern all access to and use of the Maisie web application, the Maisie website at URL https://www.mymaisie.com and its subdomains (“Website”), the Maisie Facebook Messenger App and any associated software, content, services and products (collectively referred to as the “Maisie Service”).

The Maisie Service is owned and operated by Zerbo Pty Ltd trading as Maisie Technologies (“Maisie”, “we”, “our” or “us”). The Maisie Service is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website, including the Maisie Privacy Policy (collectively, the “Agreement”).

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.

Any new features or tools which are added to the current Maisie Service shall also be subject to the Terms of Use. You can review the current version of the Terms of Use at any time here. We reserve the right to update and change the Terms of Use by posting updates and changes. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you.


1. Definitions

“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, Instagram, Google AdWords, BigCommerce and Google Analytics.


2. Maisie Account

  1. 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.
  2. 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.
  3. If you are signing up for the Maisie Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Use.
  4. 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

  1. Technical support is available by emailing us.
  2. The Maisie Service is currently only available in English. Other languages may be supported by Maisie in future at its sole discretion.
  3. 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.
  4. You acknowledge and agree that we may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on this web page, and such amendments to the Terms of Use are effective as of the date of posting. Your continued use of the Maisie Service after the amended Terms of Use are posted constitutes your agreement to, and acceptance of, the amended Terms of Use. If you do not agree to any changes to the Terms of Use, do not continue to use the Maisie Service.
  5. 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.
  6. You may not use Maisie to market products that are restricted to people that are 21 years or older.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. We reserve the right to refuse the Maisie Service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove without notice any Customer Provided Content or Comments (as defined in Section 11) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Use.
  4. A breach or violation of any provision of the Terms of Use, as determined in our sole discretion, may result in an immediate termination of your access to the Maisie Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Maisie Service if we suspect that you have engaged in fraudulent activity in connection with the Maisie Service.
  5. 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.
  6. 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.
  7. 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

  1. 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.
  2. 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

  1. 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.
  2. You are solely responsible for the Customer Provided Content that you upload, publish, display, link to, or otherwise make available via the Maisie Service, and you agree that Maisie is only acting as a passive conduit for the online distribution and publication of the Customer Provided Content and the online display of Mentions. Maisie will not review, share, distribute, or reference any Customer Provided Content or Mentions except as provided herein, as provided in the Maisie Privacy Policy, or as may be required by law. Notwithstanding the foregoing, Maisie retains the authority to remove any Customer Provided Content uploaded that it deems in violation of these Terms of Use, at its sole discretion.


7. Third Party Maisie Services

  1. In addition to these Terms of Use, you also agree to be bound by the additional service‑specific terms applicable to services you purchase from, or that are provided by third parties in connection with your use of the Maisie Service.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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

  1. You understand that any information you provide to us in using the Maisie Service (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Any personal information you provide to us in using the Maisie Service will be treated in accordance with the Maisie Privacy Policy.


9. Fees

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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

  1. If you submit any ideas, suggestions, comments, proposals, plans, or other content or submissions to us, whether online, via social media, by email or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are under no obligation (1) to use or rely on any Comments; (2) to maintain any Comments in confidence (unless such comments contain Personal Information (as defined in the Privacy Policy)); (3) to pay compensation for any Comments; or (4) to respond to any Comments.
  2. 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

  1. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from submitting Customer Provided Content or using the Maisie Service: (a) to violate any international, federal, or local laws, regulations, rules, or ordinances; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) upload to, or transmit from, the Maisie Service any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious or destructive code; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Maisie Service or any related website or application, other website or application, or the Internet; (k) to attempt to reverse engineer, de‑compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Maisie Service; or (l) to access the Maisie Service in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Maisie Service.


13. Disclaimer of Warranties & Limitation of Liability

  1. 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.
  2. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MAISIE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE SOLICITORS’ FEES, OF ANY KIND OR NATURE WHICH ARE IN CONNECTION ARE ARISING OUT OF A CLAIM (A) ALLEGING THAT THE CUSTOMER CONTENT OR YOUR USE OF THE SERVICE INFRINGES OR VIOLATES THE INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR OTHER RIGHTS OF A THIRD PARTY OR VIOLATES APPLICABLE LAW; (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE; (C) ARISING OUT OF YOUR USE OF A THIRD PARTY SERVICE OR YOUR RELATIONSHIP WITH A THIRD PARTY PROVIDER; OR (D) ALLEGING THAT SENDING A MESSAGE TO A RECIPIENT ON YOUR EMAIL LIST WAS BREACH OF APPLICABLE LAW.
  3. 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.
  4. 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.
  5. ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS AT YOUR OWN RISK.
  6. 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.
  7. 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

  1. The Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria with respect to any dispute or claim arising out of or in connection with the Terms of Use or your use of the Maisie Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use and is hereby expressly excluded.


15. Severability

  1. In the event that any provision of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Use, and such determination shall not affect the validity and enforceability of any other remaining provisions.


16. Termination

  1. These Terms of Use are effective unless and until terminated by either you or us. You may only terminate your Maisie Account by notifying us that you no longer wish to use the Maisie Service.
  2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate these Terms of Use at any time without notice and accordingly may deny you access to the Maisie Service, your Account or any part thereof.
  3. The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.


17. Waiver and Entire Agreement

  1. The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
  2. These Terms of Use and any policies or operating rules incorporated into these Terms of Use or posted by us in respect to the Maisie Service constitutes the entire agreement and understanding between you and us, and govern your use of the Maisie Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).