1. Who we are, and what Zillo is
Zillo is operated by Pocket Labs Pty Ltd (ACN 695 191 621, ABN 93 695 191 621), an Australian registered company based in Sydney, New South Wales (“Zillo”, “we”, “us”). When you create an account you (the “Merchant”, “you”) agree to these terms (the “Agreement”).
Zillo is software that lets you build a branded online storefront and sell experiences, classes, events, tickets, memberships, bookings, gift cards, and vouchers. We provide the software. We do not handle your money, your customer service, your inventory, your tax affairs, or the things you sell. Stripe handles payments. You handle your customers and your business.
2. Your account, eligibility, and acceptance
You must be at least 18, legally capable of forming a binding contract, and acting in trade in your own right or on behalf of an entity you have authority to bind. You’re responsible for:
- Keeping your login details and any team-member credentials secure;
- All activity that happens under your account, including activity by your team or anyone you authorise;
- Keeping the contact and billing details on your account current so we can reach you about anything material;
- Complying with all laws applicable to your business, your customers, and your sales (including consumer protection, tax, advertising, and licensing laws).
You acknowledge that you’re using Zillo in trade and not as a consumer for personal, domestic, or household use.
3. Fees
Zillo charges a 3% platform fee on every successful sale processed through your storefront. We deduct this at the time of sale via Stripe Connect, before payouts to your bank account.
When you refund a sale (in full or in part) through your dashboard or directly in Stripe, Zillo automatically refunds its 3% pro rata. You don’t need to ask us for this and we don’t claw it back.
Stripe charges its own processing fees (around 2.9% + 30c per card transaction in NZ and Australia, with standard Stripe rates for international, FX, and disputes). Stripe’s fees are paid to Stripe directly. Zillo does not receive any portion of Stripe’s fees.
We may change our fees on 30 days’ written notice. If you don’t accept the new fees, you can close your account before they take effect; continued use after the effective date is acceptance.
4. Stripe Connect and the merchant of record
To take payments, you must connect a Stripe account through our onboarding flow. Once connected, you are the merchant of record. That means:
- Your customers see your business name on their card statement, not Zillo’s;
- Stripe holds the funds on your behalf and pays them to your bank account on Stripe’s standard payout schedule;
- You handle refunds, disputes, chargebacks, regulatory complaints, and customer service for your sales;
- You are responsible for your own tax obligations, GST/VAT registration, withholding, and any other regulatory requirements that apply to you.
Your use of Stripe is also governed by Stripe’s Connected Account Agreement and Stripe Services Agreement, which you accept during onboarding. Those are contracts between you and Stripe. Zillo has no ability to override or amend them and is not a party to them.
5. What you can sell
You may use Zillo to sell anything that is legal where you operate, complies with Stripe’s terms, and isn’t on our Acceptable Use Policy. We may suspend or close your account, with or without prior notice, if you sell anything that breaches our Acceptable Use Policy, applicable law, or these terms.
You warrant that you have all necessary rights, licences, and approvals to sell every product or service you list, and that your products and listings do not infringe any third-party intellectual property, publicity, or privacy rights.
6. Refunds, customer service, and disputes
Refund and cancellation policies are yours to set, publish, and honour. Zillo provides the tools to issue refunds; we don’t set the policy. If a customer disputes a charge with their bank (a chargeback), you handle the dispute end to end, including any chargeback fees Stripe charges.
We may step in if a merchant systematically fails to honour their own refund policy or ignores customers, including suspending the account. We don’t arbitrate individual customer complaints by default, and we’re not a party to any dispute between you and a customer.
7. AI-generated content and intellectual property
Zillo uses AI to draft your storefront copy, layout, structure, and product configurations based on the prompts you provide. Once generated, the storefront copy and brand assets you publish are yours and you own the customer list and product configurations associated with your account.
We retain ownership of all our underlying software, models, prompts, infrastructure, code, designs, trade marks, and any improvements to the platform. Nothing in these terms grants you any rights to that material beyond a non-exclusive, non-transferable, revocable licence to use the service while your account is open.
AI output may be wrong. The AI builder produces drafts based on your input and may include errors, omissions, or content that isn’t suitable for your business. You are responsible for reviewing and approving every AI-generated draft before publishing it, including prices, schedules, terms, claims about products or services, and anything customer-facing. We make no warranty that AI output is accurate, complete, current, fit for any purpose, original, or compliant with any law or industry rule. You are the publisher of all content on your storefront.
We may use anonymised, aggregated information about how merchants use the AI to improve the product. We do not train models on your customers’ personal information, and we do not sell your prompts or storefront content to third parties.
8. Your customers’ data
Personal information about your customers is governed by our Privacy Policy. You are the controller of that data for your business; we are the processor acting on your instructions. You agree to handle customer information in line with applicable privacy law (the Australian Privacy Principles, the NZ Privacy Act 2020, and GDPR if you’re in scope) and to give us written instructions if your circumstances require any specific processing arrangements.
9. Service availability
We aim to keep Zillo available but we do not promise uninterrupted, error-free, or secure access. Scheduled maintenance, third-party outages (including Stripe and our hosting providers), and unplanned incidents may cause downtime. We post material incidents publicly. We may add, change, or remove features as the product evolves; we’ll give reasonable notice before retiring a feature you actively rely on.
10. Suspension and termination
You can close your account at any time from your dashboard. We may suspend or terminate your account with or without notice if:
- You breach these terms or our Acceptable Use Policy;
- We reasonably suspect fraud, money laundering, or illegal activity;
- Stripe terminates or restricts your connected account, or instructs us to stop processing for you;
- Continuing to provide the service would expose us, our staff, or other merchants to risk of harm or legal liability;
- You fail to pay any fees due to us;
- A regulator, court, or law enforcement agency requires us to.
On termination, we may delete or disable your storefront. You keep access to your customer data export for 90 days, after which we may delete it. Your Stripe-connected account remains under your control. Sections that by their nature should survive termination (including 7, 11, 12, 13, 14, 15, 16, 18, and 20) survive.
11. Disclaimers
To the maximum extent permitted by law, Zillo and our suppliers provide the service “as is” and “as available”, with all faults, and disclaim all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including:
- Warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement;
- Any warranty that the service will meet your requirements, operate uninterrupted, be timely, secure, or free from errors, viruses, or harmful components;
- Any warranty that AI-generated output is accurate, complete, current, original, or compliant with any law;
- Any warranty about the conduct of users or that any customer of yours will pay, accept delivery, or refrain from disputing a charge.
Any advice or information you obtain from Zillo (including from our AI assistant) is for general guidance only and is not legal, accounting, tax, financial, or professional advice. Get your own advice before acting on it.
12. Limitation of liability
To the maximum extent permitted by law, neither Zillo nor our affiliates, officers, directors, employees, contractors, agents, or licensors are liable for:
- Any indirect, incidental, special, consequential, exemplary, or punitive damages;
- Any loss of profits, revenue, sales, customers, goodwill, business opportunities, anticipated savings, or reputational harm;
- Any loss or corruption of data;
- Any loss caused by acts, omissions, downtime, errors, or fees of third-party services (including Stripe, our AI providers, our email providers, or our hosting infrastructure);
- Any loss arising from your inability to access the service, from delayed or failed payouts, or from incorrect, incomplete, or unsuitable AI output that you published;
- Any loss caused by you or your team’s acts or omissions, your customers’ acts or omissions, or events outside our reasonable control;
even if we have been advised of the possibility of such losses and even if a remedy fails of its essential purpose.
Our aggregate liability cap. Our total aggregate liability to you arising out of or in connection with this Agreement, however caused (including in contract, tort including negligence, statute, or otherwise), is capped at the greater of: (a) the platform fees you actually paid us in the 12 months immediately preceding the event giving rise to the claim, or (b) AUD $100. This cap applies in aggregate to all claims and is not multiplied by the number of incidents, customers, or claims.
Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including any non-excludable consumer guarantees or implied terms under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) where they apply to you. Where our liability under the Australian Consumer Law for a failure to comply with a consumer guarantee can be limited, our liability is limited (at our option) to re-supplying the affected service or paying the cost of having the affected service re-supplied.
13. Your indemnity to us
You agree to indemnify, defend, and hold harmless Zillo, our affiliates, and our and their respective officers, directors, employees, contractors, and agents (each an “Indemnitee”) from and against any and all third-party claims, demands, suits, proceedings, judgments, damages, fines, penalties, liabilities, losses, costs, and expenses (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or in connection with:
- Your use of, or anyone’s use of, your account or storefront;
- Anything you offer for sale, sell, or supply through Zillo, including its quality, safety, fitness for purpose, descriptions, packaging, delivery, warranties, recalls, and after-sales support;
- Disputes between you and your customers, suppliers, employees, or contractors, including refund requests, chargebacks, regulator complaints, and consumer claims;
- Your breach of, or alleged breach of, this Agreement, our Acceptable Use Policy, or any applicable law;
- Any content you upload, generate, publish, or distribute (including images, copy, customer lists, AI prompts, and AI-generated output you choose to publish), including any claim that the content infringes intellectual property, publicity, privacy, defamation, or other rights;
- Your tax obligations and any failure to register, collect, remit, or report taxes correctly;
- Your handling, processing, transfer, retention, or disclosure of personal information, including any breach of privacy law or any unauthorised access caused by your acts or omissions;
- Misuse of the service by you, your team, or anyone you give access to.
We will give you prompt notice of any claim covered by this indemnity, let you control the defence and settlement (so long as the settlement fully releases the Indemnitees and doesn’t admit fault on our part or impose obligations on us beyond payment), and reasonably cooperate at your expense.
14. Tax
Fees we quote are exclusive of GST, VAT, sales tax, withholding tax, or any other taxes unless we say otherwise. You are responsible for all taxes payable in connection with your sales, including registration, collection, remittance, and reporting. If we are required by law to collect or pay any tax in connection with our fees, we may add it to the fee at the applicable rate, and you’ll pay it.
15. Third-party services
Zillo integrates with third-party services including Stripe, our AI provider (currently Anthropic), our email provider (Resend), our hosting and storage providers (AWS and Supabase), and image providers (Unsplash). Those services have their own terms, which you accept by using the relevant feature. We are not responsible for any act, omission, error, downtime, security failure, fee change, or termination of any third-party service, and any such event does not entitle you to a refund of fees paid to Zillo.
16. Force majeure
Neither party is liable for failure to perform under these terms (other than payment obligations) to the extent the failure is caused by events beyond reasonable control, including acts of God, natural disaster, fire, flood, war, terrorism, civil unrest, government action, internet or telecommunications outages, third-party service outages (including Stripe), pandemic, public health emergency, or labour disputes. The affected party will give prompt notice and resume performance as soon as reasonably practicable.
17. Use in trade and consumer law
You acknowledge that you are acquiring Zillo in trade for business purposes. Where the Consumer Guarantees Act 1993 (NZ) would otherwise apply to your use of Zillo, you agree that the consumer guarantees in that Act do not apply, and that it is fair and reasonable to contract out of them under sections 43 and 43A. The Australian Consumer Law applies only to the extent it cannot lawfully be contracted out of.
18. Governing law and disputes
These terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales sitting in Sydney, and any appeal courts from those courts, in respect of any dispute arising out of or in connection with this Agreement. Before commencing court proceedings, the parties will use reasonable endeavours to resolve disputes by good-faith discussion (other than for urgent injunctive relief).
19. Changes to these terms
We may update these terms from time to time. Material changes will be notified at least 30 days before they take effect, by email and a banner in your dashboard. Non-material changes (typo fixes, clarifications) take effect immediately. Continued use after the effective date is acceptance. If you don’t accept the new terms, close your account before they take effect.
20. General
Entire agreement. This Agreement (together with our Privacy Policy and Acceptable Use Policy) is the entire agreement between you and us about Zillo and supersedes any prior agreement on the same subject.
No waiver. A failure or delay by either party in enforcing a right under this Agreement is not a waiver of that right.
Severability. If any part of this Agreement is unenforceable, the rest continues in force, and the unenforceable part is read down to the minimum extent necessary to make it enforceable.
Assignment. You may not assign or transfer this Agreement or any rights under it without our prior written consent. We may assign or transfer this Agreement, including in connection with a merger, sale of assets, or reorganisation.
No partnership. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and us. Neither party has authority to bind the other.
Notices. We may give you notices via your account dashboard, by email to your registered email address, or by posting them on our website. You may give us notices by emailing legal@zillo.app.
Survival. Sections 7 (intellectual property components), 11 (Disclaimers), 12 (Limitation of liability), 13 (Indemnity), 14 (Tax, in respect of accrued obligations), 15 (Third-party services), 17 (Use in trade), 18 (Governing law), and this section 20 survive termination of this Agreement.
Third-party rights. No person other than the parties has any rights to enforce this Agreement.
21. Contact
Questions about these terms? Ask the AI inside your dashboard, or email legal@zillo.app. Postal: Pocket Labs Pty Ltd (ACN 695 191 621), Sydney, New South Wales, Australia.