Terms of Service

Effective date: 07 Oct 2025

1. Agreement

These Terms of Service ("Terms") govern your access to and use of Convomesh (the "Service") provided by Melbourne Digital Group Pty Ltd (ABN 69640635561) ("we", "us"). By using the Service, you agree to these Terms.

2. Account and Eligibility

• You must have authority to bind the merchant entity using the Service.
• You are responsible for the accuracy of information provided and for maintaining account security.

3. Access and Use

• We grant you a non‑exclusive, non‑transferable right to use the Service for your internal business purposes.
• You will comply with our Acceptable Use Policy and all applicable laws.
• You will not reverse engineer, interfere with, or misuse the Service.

4. Merchant Data

• You retain ownership of your data. You grant us a license to process data to provide the Service.
• We process personal data as described in our Privacy Policy and any applicable DPA.

5. Plans, Fees, and Taxes

• Fees are as described on /pricing or your order form. Taxes are your responsibility.
• External billing: For AI CRM features, billing may be handled by Convomesh directly (outside Shopify Billing). See Billing & Refund Policy.
• We may update pricing upon renewal or with notice as permitted by your plan.

6. Confidentiality

Each party will protect the other’s confidential information with reasonable care and use it only for the purposes of these Terms.

7. Security and Availability

We implement administrative, technical, and physical measures to protect data and maintain availability consistent with our documentation and SLAs (if applicable to your plan). See Security and SLA.

8. Sub‑processors

We may use sub‑processors to deliver the Service (e.g., cloud hosting, email delivery). We remain responsible for their performance.

9. Compliance

You are responsible for obtaining all necessary rights and consents to use the Service with your data and for complying with laws applicable to your business, including privacy and electronic communications laws.

10. IP and Feedback

• We own all rights in the Service, software, and documentation.
• Feedback you provide may be used by us without restriction or obligation.

11. Warranties and Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, except as expressly stated in writing.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, or consequential damages. Our aggregate liability is limited to fees paid for the 12 months preceding the claim.

13. Indemnification

You will indemnify us against third‑party claims arising from your misuse of the Service or violation of these Terms or applicable laws.

14. Term, Suspension, and Termination

• These Terms apply for the subscription term. Either party may terminate for material breach not cured within 30 days.
• We may suspend access for non‑payment, security risk, legal requirement, or violation of the Acceptable Use Policy.

15. Governing Law; Venue

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles. The courts of Victoria, Australia have exclusive jurisdiction.

16. Notices

Legal entity: Melbourne Digital Group Pty Ltd (ABN 69640635561). Registered address: Melbourne, VIC 3000, Australia. Notices and inquiries to msango@convomesh.com.

17. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

18. Changes

We may update these Terms. Material changes will be notified or posted with an updated effective date.

19. Survival

Sections relating to confidentiality, IP, limitations of liability, indemnification, and governing law survive termination.