Terms of Service

Please read these Terms of Service carefully before using the snowglo platform.

1. Acceptance of Terms

By accessing or using snowglo, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access or use our services.

2. Services and Account Setup

We provide an AI-driven data analysis platform for FMCG businesses. To use the platform, you must register for an account by providing complete and accurate information. You are responsible for maintaining the security of your login credentials and for all activities that occur under your account.

3. Data Connections and Authorization

To deliver insights, snowglo connects to your third-party systems (such as Xero, Unleashed, and Shopify). You represent and warrant that you have the right and authority to connect these systems and to grant snowglo access to ingest and process your business data.

4. Use and Restrictions

You agree not to:

• Use the services for any illegal purpose or in violation of local laws.
• Attempt to reverse-engineer, decompile, or disrupt the security of the platform.
• Provide false data or upload malicious code.

5. Intellectual Property

All rights, title, and interest in the snowglo platform, algorithms, design systems, and software belong exclusively to snowglo. Your connected business data remains your sole property. snowglo may use aggregated, de-identified, and anonymised data derived from your use of the service to improve the platform.

6. Subscription, Fees and Payment

snowglo is a paid managed service. Fees are set out in the Client Service Agreement or proposal agreed between you and snowglo prior to onboarding. Unless otherwise agreed:

• An Implementation fee is charged upfront and covers initial setup, data pipeline configuration, and onboarding support.
• A Monthly Retainer is charged in advance each calendar month for ongoing infrastructure and maintenance.
• Invoices are payable within 14 days of issue unless otherwise stated.
• snowglo reserves the right to suspend access to the platform if payment is overdue by more than 30 days, following written notice.
• All fees are quoted in Australian dollars (AUD) and are exclusive of GST unless stated otherwise.

7. Cancellation and Termination

Either party may terminate the engagement by providing written notice as set out in the Client Service Agreement. In the absence of a specific agreement:

• You may cancel your Monthly Retainer with 30 days' written notice.
• Implementation fees are non-refundable once onboarding has commenced.
• Upon termination, snowglo will retain your data for 90 days, during which you may request an export. After that period, your data will be permanently deleted in accordance with our Privacy Policy.
• snowglo may terminate your access immediately if you materially breach these Terms and fail to remedy that breach within 14 days of written notice.

8. Service Availability

snowglo targets high availability for the platform but does not guarantee uninterrupted service. Planned maintenance windows will be communicated to clients in advance where practicable. snowglo will not be liable for downtime caused by third-party providers (including Xero, Unleashed, Shopify, or cloud infrastructure providers), force majeure events, or circumstances outside our reasonable control.

9. Data Processing

Our collection and handling of personal information is governed by our Privacy Policy. For the processing of client business data ingested from connected source systems, the Client Service Agreement (including any Data Processing Addendum) governs and prevails over these Terms where there is a conflict.

10. Warranties and Disclaimers

snowglo warrants that it will deliver the service with reasonable care and skill. To the maximum extent permitted by law and subject to any non-excludable consumer guarantees under the Australian Consumer Law:

• The platform is provided "as is" and "as available."
• snowglo does not warrant that outputs from the AI analyst are complete, accurate, or suitable for any particular commercial decision. You are responsible for independently verifying any insights before acting on them.
• snowglo does not warrant that the service will be free from errors, interruptions, or security vulnerabilities.

11. Limitation of Liability

To the maximum extent permitted by law, snowglo's total aggregate liability to you for any claim arising out of or relating to these Terms or the service — whether in contract, tort, statute, or otherwise — is limited to the fees paid by you to snowglo in the three months preceding the event giving rise to the claim.

In no event will snowglo be liable for any indirect, incidental, special, consequential, or punitive damages, loss of revenue, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

13. Dispute Resolution

Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct negotiation. If a dispute is not resolved within 30 days of written notice from one party to the other, either party may pursue their legal remedies.

14. Modifications to these Terms

snowglo may update these Terms from time to time. Material changes will be notified to active clients by email at least 14 days before they take effect. Continued use of the service after the effective date of any change constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms of Service, please contact us at hello@snowglo.au.