Terms of Service

1. Acceptance of Terms

By creating an account, accessing the Zestly platform, or using any of our services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use the platform.

If you are using Zestly on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Service Description

Zestly is a cloud-based social media management platform that allows users to schedule and publish content to connected social media accounts, use AI-powered writing tools, collaborate with team members, and analyse content performance.

We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice. We will not be liable to you for any modification, suspension, or discontinuation of the service, provided we give at least 30 days notice for material changes that affect paid customers.

3. Account Registration

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must immediately notify us at hello@zestly.com.au of any unauthorised use of your account. You may not share your account credentials with third parties or create multiple free trial accounts.

You must be at least 18 years old to create an account. Zestly is designed for business use and is not intended for personal social media management.

4. Social Media Platform Compliance

By using Zestly to post to social media platforms, you agree to comply with the terms of service, community guidelines, and advertising policies of each platform you connect. This includes, but is not limited to:

• ►Meta - Facebook Terms of Service and Instagram Terms of Use, including the Meta Platform Policy.
• ►TikTok - TikTok Terms of Service and Community Guidelines.
• ►YouTube - YouTube Terms of Service and Community Guidelines.
• ►LinkedIn - LinkedIn User Agreement and Professional Community Policies.
• ►Twitter / X - X Terms of Service and Rules.
• ►Pinterest - Pinterest Terms of Service and Community Guidelines.
• ►Reddit - Reddit User Agreement and Content Policy.
• ►Any other platform connected through Zestly.

You are solely responsible for ensuring the content you publish through Zestly complies with the terms and policies of all connected platforms. We accept no liability for content that violates platform rules.

5. Acceptable Use

You agree not to use Zestly to:

• ►Post illegal, defamatory, harassing, threatening, or abusive content.
• ►Violate the terms of service of any connected social media platform.
• ►Infringe the intellectual property rights of others.
• ►Send spam or unsolicited commercial communications.
• ►Engage in automated scraping, data harvesting, or reverse engineering of the platform.
• ►Attempt to gain unauthorised access to any system or network.
• ►Distribute malware, viruses, or any harmful code.
• ►Circumvent usage limits or access controls.
• ►Impersonate any person or organisation.
• ►Use the platform for any illegal purpose under Australian law.

We reserve the right to suspend or terminate accounts that violate these policies without notice.

6. Free Trial

Zestly offers a 7-day free trial for new accounts. No credit card is required to start a free trial. At the end of the trial period, you may choose to subscribe to a paid plan or your account will revert to a free tier. We do not automatically charge you after a free trial.

Free trial accounts are limited to one per person or organisation. Creating multiple free trial accounts to extend the trial period is prohibited and may result in account termination.

7. Payment Terms

Paid plans are billed in advance on a monthly or annual basis in Australian dollars (AUD) inclusive of GST. By providing payment details, you authorise us to charge the applicable fees to your payment method.

If a payment fails, we will notify you and provide a 7-day grace period. Accounts with outstanding payments may be suspended until the balance is resolved.

Prices may change with 30 days written notice to existing subscribers. Price changes do not apply to the current billing cycle.

8. Cancellation and Refund Policy

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the period ends.

We do not provide refunds for partial months or unused time on annual plans, except as required by the Australian Consumer Law or our Refund Policy.

We may terminate your account if you violate these Terms, engage in fraudulent activity, or fail to pay outstanding fees. In such cases, we may terminate with immediate effect without refund.

9. Intellectual Property

Your content: You retain all ownership rights to content you create or upload to Zestly. You grant Zestly a limited, non-exclusive licence to store, process, and transmit your content solely to provide the service.

Our platform: All intellectual property in the Zestly platform, including software, design, trademarks, and documentation, is owned by SA Application Services (trading as Zestly). You may not copy, modify, distribute, or create derivative works without our express written permission.

Feedback: Any feedback, suggestions, or ideas you provide to us may be used by Zestly without any obligation to compensate you.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded. To the extent permitted by law, our liability for any breach of a statutory guarantee is limited to re-supplying the service or paying the cost of having the service re-supplied.

11. Disclaimers and Limitation of Liability

The Zestly platform is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the service will be error-free, uninterrupted, or meet your specific requirements.

To the maximum extent permitted by law, Zestly's total liability for any claims arising from these Terms or use of the platform is limited to the amount you paid us in the 3 months preceding the claim.

12. Governing Law

These Terms are governed by the laws of South Australia, Australia. Both parties submit to the exclusive jurisdiction of the courts of South Australia and the Federal Court of Australia for any dispute arising from these Terms.

Before initiating any legal proceedings, both parties agree to attempt to resolve any dispute through good faith negotiation for at least 30 days.

13. General

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision does not constitute a waiver.

These Terms represent the entire agreement between you and Zestly regarding the platform and supersede all prior agreements.

Questions about these Terms? hello@zestly.com.au