Terms of Service

1. Acceptance of terms

By creating an account or using any part of Occasionly, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the service. If you are using Occasionly on behalf of a business, you represent that you have authority to bind that business to these terms.

2. Description of service

Occasionly provides a customer occasion-reminder tool for merchants. Customers of the merchant use an embeddable widget to save dates (such as birthdays and anniversaries), and Occasionly sends them reminder emails before each date on the merchant's behalf. The service is offered in three plan tiers: Starter (free), Pro, and Business. Features and limits for each tier are described on the pricing page and in the documentation.

Starter and Pro include reminders for a set number of customers, and Business has no customer limit. Customers who have unsubscribed, or whose email addresses do not work, do not count towards that number. If your store has more customers than your plan includes, new sign-ups are still saved, but reminders go only to your earliest customers up to the limit. The others are held without reminders until there is room, for example when you upgrade.

3. Accounts

You are responsible for maintaining the security of your account and for all activity that occurs under it. You must provide accurate information when signing up and keep it current. One account per business is the standard arrangement; contact us if your situation requires something different. You must not share your login credentials or allow others to access your account.

We reserve the right to suspend or terminate accounts that violate these terms, that have been inactive for an extended period, or where we have reason to believe the information provided is inaccurate or fraudulent.

4. Subscription and billing

Pro and Business plans are billed monthly via Stripe. By subscribing, you authorise Occasionly to charge your payment method on a recurring basis at the then-current price for your plan. You may cancel your subscription at any time through the billing portal, accessible from your dashboard. Cancellation takes effect at the end of your current billing period; you retain access to paid features until that date.

We do not issue refunds for partial months unless required by applicable law. Prices may change from time to time; we will provide reasonable advance notice of any price increase before it takes effect on your account.

All fees are in Australian dollars. Occasionly is not currently registered for GST, so no GST is included in or added to our fees. If that changes, we will tell you before it affects what you pay.

5. Acceptable use

You agree to use Occasionly only for lawful purposes and in accordance with these terms. You must not use the service to send content that is unlawful, abusive, defamatory, or constitutes spam. You must not attempt to circumvent any limits or security measures, interfere with the service, or access accounts or data that are not yours.

As the merchant, you are responsible for how you collect and use your end-customers' data through the widget. You must comply with applicable data protection, privacy, and email marketing laws in your own jurisdiction, including obtaining any necessary consents from the people who interact with your widget. Occasionly provides the technology; the relationship with your customers and the obligations that come with it are yours.

You are responsible for the wording of any emails you customise, for the logo and branding you upload, and for having the right to use them. If you send from your own domain, you confirm that you own it or are authorised to use it. If you add the Occasionly tracking snippet to your store, you are responsible for using it in line with your own privacy notice, your store's cookie and consent settings, and the law that applies to you. If you connect your own email platform, you are responsible for how that platform sends your customers' reminders, for the consent that applies to those emails and for honouring any unsubscribe made there, because an unsubscribe made in that platform is not passed back to Occasionly.

6. Data and privacy

You decide who is invited to save dates on your store and what your reminder emails say, and Occasionly sends them on your behalf. Occasionly handles the information your customers submit through the widget only to provide the service to you, as described in our Privacy Policy. You are responsible for telling your customers how their data will be used and for responding to their requests about it.

You are responsible for providing your customers with a way to have their data removed. When you delete a customer from your Occasionly account, their name, email address, saved occasions and unsubscribe record are removed from our database. Emails already sent may remain in our email provider's records for a limited period.

7. Service availability

We make reasonable efforts to keep Occasionly available and performing well. However, we do not guarantee uninterrupted access or error-free operation. The service may be temporarily unavailable due to maintenance, third-party outages, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice where practicable. We will not be liable for any disruption resulting from planned or unplanned maintenance.

8. Delivery and results

Reminder emails depend on email providers and on recipients' mail systems, so we cannot guarantee that any email will be delivered, on time, or at all, or that it will be read. Each reminder is sent once, on its scheduled day, and a reminder that is missed, for example because a customer was held over your plan limit, is not sent late. Click and revenue figures are estimates, they do not show that a reminder caused a sale, and we do not guarantee any sales or results from using Occasionly.

9. Limitation of liability

To the maximum extent permitted by law, Occasionly's total liability to you for any claim arising out of or relating to these terms or the service is limited to the fees you paid to us in the three months preceding the event that gave rise to the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages.

Nothing in these terms limits liability that cannot be excluded under Australian consumer law or other applicable mandatory law.

10. Termination

Either party may terminate the relationship at any time. You can stop using Occasionly at any time. We may terminate or suspend your account if you breach these terms or if we decide to discontinue the service, with reasonable notice where possible.

Cancelling a paid subscription moves your account to the free Starter plan at the end of your billing period, and your data is kept. If you want to stop using Occasionly entirely, contact us and we will delete your account and your customers' data. If we terminate or suspend your account, your access to the dashboard and the reminder service will cease.

11. Changes to these terms

We may update these terms from time to time. For material changes, we will provide reasonable notice before they take effect, either by email or by a notice in the dashboard. Your continued use of Occasionly after the updated terms take effect constitutes your acceptance of the changes. If you do not agree to the new terms, you can stop using Occasionly before they apply, or contact us at hello@occasionly.app to close your account.

12. Governing law

These terms are governed by the laws of New South Wales, Australia. Any disputes arising out of or in connection with these terms or the service will be subject to the jurisdiction of the courts of New South Wales, Australia.

13. Contact

Questions about these terms can be directed to hello@occasionly.app.