Terms and Conditions

Terms and Conditions – Zapla

Effective Date: 10th May 2025

Last Updated: 13th October 2025

Important note: These terms are written in plain English. Nothing in these terms limits your rights under the Australian Consumer Law.

1. Acceptance of terms

By accessing or using the services you agree to be bound by these Terms and Conditions. If you do not agree you must not use the services.

2. Definitions

Business a single legal entity or a single brand controlled by that entity.
Workspace a single Zapla environment created for one Business.
Plan a paid subscription tier such as Launch Growth Scale Enterprise or Agency.
Trial the fourteen day evaluation period described in section 7.
Messaging services channels such as SMS MMS and WhatsApp that allow you to send messages through the services.
Pass through charges metered or third party fees for example messaging delivery charges verification and registry fees and similar costs.
Grandfathered pricing a legacy price or plan version that an existing customer may keep while the subscription stays active and paid subject to these terms.
Sunset the process of phasing out a legacy plan or feature on a stated future date with notice and a migration path.
Extraordinary change an external event outside our reasonable control that materially affects costs or availability for example a regulatory action a platform policy change a tax or surcharge change or a supplier outage.

3. Eligibility and accounts

You must be at least eighteen years old and capable of entering into a binding contract. You are responsible for the confidentiality of your credentials and for all actions under your account. Notify us promptly of any unauthorised access or security issue. We may request verification details for example business email domain ABN phone verification and card authorisation to protect platform integrity.

4. Use of services and acceptable use

Use the services only for lawful purposes and in accordance with these terms and all applicable laws. You must not misuse the services including by attempting unauthorised access interfering with performance or security sending spam or unlawful communications using purchased lists or operating in a manner that harms our reputation or other users. During a Trial you must not resell services provide client access or attempt to bypass any limits.

AI features and output disclaimer

AI features may generate inaccurate or incomplete content. The service does not provide legal financial medical or other professional advice. You are responsible for reviewing and verifying any AI output before use and for the consequences of relying on it.

Accessibility and acceptable use notes

You agree not to upload content that is abusive harassing discriminatory or illegal. We aim to improve accessibility on a reasonable efforts basis and welcome reports of issues.

5. Plans workspaces seats and fair use

Launch includes one Workspace for one Business.
Unlimited seats means unlimited named users who are employees or long term contractors of that Business inside a single Workspace. Seats may not be shared resold or used to provide client access. Agencies and multi brand operations must use the Agency or Enterprise Plan.
We may apply reasonable fair use measures and throttling to protect deliverability quality and margin. Unlimited refers to usage for normal business communications not to indiscriminate bulk sends purchased lists or high risk content. We may set sending thresholds and require pre approval for high throughput use.

6. Messaging services inclusions and contingencies

Plan inclusions Certain Plans may include unlimited SMS and or MMS for normal business communications. Where stated on the pricing page or in your Order Form we may also include WhatsApp or other channels or a monthly messaging credit that resets each month.
Pass through Registration fees surcharges taxes and similar third party charges for messaging may be passed through at cost.

Compliance You must have consent identify the sender and provide a functional unsubscribe that is actioned within five business days. You must follow all carrier and platform policies and applicable laws including the Australian Spam Act 2003 and any applicable privacy laws. We may suspend messaging where we detect spam complaints or policy breaches.

Extraordinary change If an Extraordinary change materially affects messaging inclusions or costs we may modify or discontinue an inclusion or change pricing. We will give at least thirty days notice for a plan level change. If a change is immediate due to an outage regulatory action or a platform block we will notify you as soon as reasonably practicable and implement a fair replacement for example a monthly credit plus pay as you go or a full pay as you go model.

Your options If we make a change that materially reduces messaging inclusions on your Plan you may accept the change move to another Plan or cancel before the change takes effect. If you prepaid annually and do not accept the change we will apply a pro rata account credit for the unused portion of the current term. If the change fully removes messaging with no reasonable replacement you may request a pro rata refund of the unused portion of the Plan fee instead of a credit.

Messaging compliance indemnity

You are solely responsible for the legality of your contact lists content and sending practices. You agree to indemnify Zapla for any claim fine penalty or cost arising from your messaging content lists or compliance failures including complaints relating to consent sender identification or unsubscribe handling.

7. Trials eligibility and limits

Trials are for evaluation only and are limited to one active Trial per Business and per primary domain. We may verify Business status and may decline disposable or high risk inboxes. To protect deliverability and platform integrity a Trial may include caps for example totals on contacts emails SMS voice minutes seats data export and custom sending domains. Custom sending domains and dedicated sending pools unlock only after verification and payment.

8. Payments taxes changes and price protection

Fees are billed in accordance with your selected Plan and are due upon invoicing. Payments are processed by our payments provider. We do not store full card numbers. All fees are shown inclusive or exclusive of GST as stated at checkout and you are responsible for taxes where applicable. We may change prices or features with notice.

Price lock for founders If you qualify for a founders price we lock your subscription price for twenty four months from your first paid date while your subscription remains active and paid. The lock does not apply to taxes currency changes or Pass through charges. After the lock ends we may adjust prices with sixty days notice. Any annual increase is capped at Consumer Price Index plus three percent or ten percent whichever is lower. Founders pricing is not transferable and is limited to one Workspace per legal entity. Lapse downgrade or non payment may void the lock.

Grandfathering and sunsets We may create new Plan versions. Existing customers may keep Grandfathered pricing or plan versions while active and paid. We may sunset a legacy plan or feature by providing at least six months notice and a reasonable migration path. Grandfathered status ends if the subscription lapses is downgraded or is terminated or if the plan or feature is sunset as set out in this section or where an Extraordinary change applies.

Late payments and chargebacks If a payment fails we may retry charges and contact you for updated details. We may suspend or limit the service for overdue invoices and may charge a lawful late fee or interest. Chargebacks are treated as unpaid amounts and may trigger suspension and loss of promotional benefits. Service may be reactivated after full payment of outstanding amounts.

9. Money back cancellations and credits

This section applies in addition to your rights under the Australian Consumer Law.
Monthly plans if you cancel within fourteen days of your first plan payment we will refund the plan fee in full.
Annual plans if you cancel within thirty days of your first annual payment we will refund the plan fee in full.
After the applicable window or on renewals you may cancel at any time. Cancellations take effect at the end of the current billing period. If you downgrade or cancel early we will apply pro rata account credits for the unused portion of the current term rather than a cash refund.
Pass through charges for example messaging delivery verification and registry fees and any one off or custom services are not refundable. We may deny refunds in cases of abuse fraud or breach of these terms. You can cancel inside the app and you will receive an email confirmation. Refund eligibility is calculated using Australia Sydney time and the timestamp of the first successful plan invoice.

10. Data privacy and security

Your use of the services is also governed by our Privacy Policy. We take reasonable administrative technical and organisational measures to safeguard your data however no method of transmission or storage is perfectly secure and we do not guarantee absolute security. You are responsible for obtaining any consents required to process personal data through the services.

Prohibited data

Unless we agree in writing you must not submit or store full payment card numbers or CVV bank account numbers except through our payments provider health information regulated by health privacy laws government identifiers biometric templates or personal data of children under thirteen.

Data retention and deletion

Upon termination we retain account data for thirty days to enable export unless you request deletion earlier. After thirty days we may delete data from active systems and backups on our standard purge cycle. Some records may be retained as required by law or for legitimate business purposes.

Data Processing Addendum and subprocessors

We offer a Data Processing Addendum on request. We maintain a list of material subprocessors and will provide notice of significant changes. International transfers if any will follow a lawful transfer mechanism.

11. Customer content and licence

You retain ownership of your content. You grant Zapla a limited non exclusive worldwide licence to host store reproduce and display your content as needed to provide the services and to improve them. You warrant that you have all rights necessary for this licence and that your content and use of the services will not violate law or third party rights.

Call recording and transcription consent

If you use call recording voicemail transcription or similar features you must obtain all required notices and consents before recording or monitoring communications and you must comply with all applicable laws. You may not record or monitor communications without the required consents.

12. Third party services

The services may integrate with or rely on third party platforms. Your use of those services is subject to their terms and policies. We are not responsible for third party services and do not control their content privacy practices or availability.

13. Service changes availability and support

We may modify or discontinue features from time to time. We will use reasonable efforts to provide notice where a change materially reduces core functionality. The services may be unavailable during planned maintenance or unplanned outages. During a Trial we provide email support. Priority support is included on Scale and available as an add on on Growth.

Service levels and credits

We aim for ninety nine point nine percent monthly uptime. Downtime does not include scheduled maintenance announced at least twenty four hours in advance emergency maintenance factors outside our reasonable control or failures of third party networks or apps. If monthly uptime falls below target we will apply a service credit to your account. Credits are your sole remedy for uptime issues do not convert to cash and expire if your account closes.

API and deprecation policy

We may update or deprecate APIs and webhooks. For deprecations we will provide at least ninety days notice and a migration path where reasonably possible.

14. Termination

We may throttle limit suspend or terminate access where we detect abuse breach of these terms non payment or risk to the services or other users. You may terminate at any time through the app as set out in section 9. On termination your right to access the services ends. We will retain Trial data for thirty days for possible reactivation unless you request deletion. On paid Plans you may export your data unless blocked by compliance or law.

15. Warranties disclaimers and the Australian Consumer Law

We provide the services on an as is and as available basis. To the maximum extent permitted by law we disclaim all implied warranties. Nothing in these terms excludes restricts or modifies any consumer guarantee right or remedy you may have under the Australian Consumer Law. Where our liability under the Australian Consumer Law can be limited it is limited to the supply of the services again or payment of the cost of having the services supplied again at our option.

16. Limitation of liability

To the fullest extent permitted by law Zapla is not liable for indirect incidental special consequential or punitive damages including loss of profits data goodwill or business interruption arising out of or related to your use of the services even if advised of the possibility of such damages. Our total aggregate liability for all claims is limited to the amounts paid by you to Zapla for the services in the twelve months before the event giving rise to the claim.

17. Indemnification

You agree to indemnify defend and hold harmless Zapla and its affiliates officers employees and agents from and against claims losses damages liabilities costs and expenses including legal fees arising out of your content your use of the services your breach of these terms or your violation of law or third party rights.

18. Governing law and venue

These terms are governed by the laws of New South Wales Australia. The courts located in New South Wales have exclusive jurisdiction. You consent to that venue and jurisdiction.

Dispute resolution

Before commencing court proceedings the parties will meet in good faith to resolve the dispute and may agree to mediation in New South Wales. This section does not prevent either party from seeking urgent injunctive relief.

Export control and sanctions

You represent that you are not located in established in or a resident of any jurisdiction subject to sanctions and that you will not use the services in violation of applicable export control or sanctions laws.

19. Changes to terms

We may update these terms from time to time. Any changes will be posted on this page with an updated date. Your continued use of the services after changes take effect constitutes acceptance of the updated terms.

Order of precedence

If there is a conflict the order form or online checkout details control then these Terms and Conditions then any policy referenced here.

Publicity

We may use your name and logo to identify you as a customer on our website and marketing materials. You can opt out at any time by emailing [email protected].

20. Contact

You can contact us at [email protected].