Terms & Conditions

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the services provided by S&S Collective Pty Ltd (ABN to be inserted), trading as Zebra3 Digital (“we”, “our”, or “us”), including:

  • the Zebra3 Digital website at zebra3.digital (the “Website”);

  • the Zebra3 Digital reporting dashboard and analytics platform (the “Dashboard”); and

  • any related digital marketing, creative, and analytics services we provide (the “Services”).

By accessing the Website, using the Dashboard, or engaging us for Services, you agree to be bound by these Terms. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms. If you do not agree to these Terms, you must not access or use our Services.

These Terms should be read in conjunction with our Privacy Policy, available at zebra3.digital/privacy-policy. Where a separate Master Services Agreement (MSA) or service agreement has been executed between us, the provisions of that agreement prevail to the extent of any inconsistency with these Terms.

2. Definitions

In these Terms, unless the context otherwise requires:

“AI Technology” means artificial intelligence tools, models, and services (whether cloud-based or hosted on our own infrastructure) used by Zebra3 to assist in the provision of Services.

“Client” means any business or individual who engages Zebra3 for Services under a service agreement or MSA.

“Client Data” means all data provided by or collected on behalf of a Client through the Dashboard, including business data, analytics, and any personal information contained therein. Client Data does not include Creative Deliverables.

“Creative Deliverables” means photographs, videos, graphic designs, advertising creative, user-generated content, and other creative assets produced by Zebra3 in the course of providing the Services.

“Dashboard” means the Zebra3 Digital web-based reporting and analytics platform.

“Personal Information” has the meaning given in section 6 of the Privacy Act 1988 (Cth).

“Services” means the digital marketing, creative, analytics, reporting, and related services provided by Zebra3 as described in the applicable service agreement.

“User” means any individual who accesses the Website or Dashboard, whether or not they are a Client.

3. Description of Services

3.1 Website Services

Zebra3 Digital provides digital marketing, creative, and advertising services. Specific service inclusions are set out in the applicable service agreement or MSA between Zebra3 and the Client.

3.2 Dashboard and Reporting Services

Zebra3 operates a web-based Dashboard that provides clients with consolidated analytics, reporting, and data visualisation across their marketing and e-commerce platforms. The Dashboard:

  • aggregates data from third-party platforms (e-commerce, advertising, email marketing, social media) via secure API connections authorised by the Client;

  • provides reporting, data visualisation, and performance analytics; and

  • may utilise AI technology to assist with data analysis and report generation (see Section 6).

Dashboard access is provided to authorised Client staff on a per-account basis. Zebra3 processes Client Data through the Dashboard solely for the purpose of providing reporting and analytics services.

3.3 Service Availability

We endeavour to maintain the availability of the Dashboard and Website but do not guarantee uninterrupted access. We may occasionally suspend access for maintenance, updates, or for reasons beyond our reasonable control. We will endeavour to provide reasonable notice of planned maintenance where practicable.

4. Account Registration and Security

To access the Dashboard, you will be provided with user credentials by Zebra3 or your employer (if you are Client staff).

You are responsible for:

  • maintaining the confidentiality of your login credentials;

  • all activity that occurs under your account; and

  • notifying us immediately if you become aware of any unauthorised use of your account.

We reserve the right to suspend or terminate access to any account that we reasonably believe has been compromised or is being used in breach of these Terms.

5. Acceptable Use

You agree not to:

  • use the Services for any unlawful purpose or in violation of any applicable law;

  • attempt to gain unauthorised access to any part of the Dashboard, other accounts, or our systems;

  • interfere with or disrupt the integrity or performance of the Dashboard or Website;

  • reverse engineer, decompile, or disassemble any aspect of the Dashboard;

  • use automated tools (bots, scrapers) to access the Dashboard or Website without our prior written consent;

  • share your login credentials with any unauthorised person; or

  • use the Services to collect, store, or process data in violation of any privacy law.

6. AI Technology

6.1 Use of AI in Service Delivery

Zebra3 may use AI technology to assist in the provision of Services, including for data analysis, report generation, trend identification, and service delivery. AI technology may be cloud-based (provided by third-party service providers) or hosted on Zebra3’s own infrastructure.

6.2 Data Protection

Where AI technology processes Client Data:

  • Zebra3 uses commercial-grade AI services with data processing terms that prohibit the use of Client Data for model training or improvement.

  • Cloud-based AI service providers are treated as service providers and are subject to appropriate contractual protections.

  • Where AI technology is hosted on Zebra3’s own infrastructure, no Client Data is transmitted to any external AI service provider.

  • Zebra3 will not submit Client Data to AI services that operate under consumer or free-tier terms where the provider acts as a data controller.

6.3 Human Oversight

AI-generated outputs (including reports, analysis, and recommendations) are reviewed by Zebra3 personnel before delivery to the Client. Zebra3 remains solely responsible for the accuracy, quality, and completeness of all deliverables, regardless of whether AI technology was used in their preparation.

6.4 Transparency

Upon reasonable request, Zebra3 will provide the Client with information about the AI technology used in delivering their Services, including the types of data processed and whether processing occurs via cloud-based or on-premises infrastructure. Material changes to the AI technology used (including a change from on-premises to cloud-based processing) will be notified to the Client.

7. Intellectual Property

7.1 Zebra3 Intellectual Property

All intellectual property rights in the Website, Dashboard, and any proprietary tools, software, templates, and methodologies developed by Zebra3 remain the property of Zebra3. Nothing in these Terms grants you any right, title, or interest in our intellectual property except as expressly stated.

7.2 Creative Deliverables

Ownership and licensing of Creative Deliverables produced by Zebra3 are governed by the applicable service agreement or MSA. Unless otherwise agreed in writing, Zebra3 retains ownership of Creative Deliverables and grants the Client a licence to use them for the agreed purpose.

7.3 Client Data

All Client Data remains the property of the Client. Zebra3 does not claim any ownership or intellectual property rights over Client Data. For the avoidance of doubt, references to “Data” in any service agreement or MSA refer to Creative Deliverables and do not extend to Client Data or Personal Information processed through the Dashboard.

8. Data Processing and Privacy

8.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at zebra3.digital/privacy-policy. By using our Services, you acknowledge that you have read and understood our Privacy Policy.

8.2 Processor Role

Where Zebra3 processes Client Data through the Dashboard, Zebra3 acts as a data processor on behalf of the Client (data controller). Zebra3 will:

  • process Client Data solely in accordance with the Client’s instructions and for the purpose of providing the agreed Services;

  • not use Client Data for any independent purpose, including marketing, profiling, or analytics for Zebra3’s own benefit;

  • implement appropriate technical and organisational measures to protect Client Data (as described in Section 8.3); and

  • assist the Client in responding to data subject access, correction, or deletion requests.

8.3 Security Measures

Zebra3 maintains appropriate security measures to protect Client Data, including:

  • Row Level Security (RLS) policies ensuring per-client data isolation;

  • role-based access controls;

  • server-side storage of API credentials and tokens;

  • HTTPS/TLS encryption for all data in transit;

  • SOC 2 Type II compliant hosting infrastructure; and

  • encrypted local backups on dedicated hardware.

8.4 Data Retention

Client Data is retained for the duration of the service agreement. Upon termination:

  • Client Data will be deleted from the primary database within 30 days;

  • Client Data will be deleted from backup systems within 60 days; and

  • written confirmation of deletion will be provided upon request.

Clients may request early deletion of specific data at any time.

8.5 Data Breach

In the event of a data breach affecting Client Data, Zebra3 will notify the Client without undue delay (and within 24 hours of becoming aware) and cooperate with the Client’s assessment and response obligations under the Notifiable Data Breaches scheme.

9. Third-Party Platforms and Services

The Dashboard integrates with third-party platforms to retrieve client data for reporting purposes. These integrations are established with client authorisation and use secure API connections.

Zebra3 is not responsible for the availability, accuracy, or privacy practices of third-party platforms. Your use of third-party platforms is governed by their respective terms and conditions.

Where third-party services process Client Data on Zebra3’s behalf, Zebra3 ensures appropriate contractual protections are in place. A list of material service providers and their data processing locations is available on request.

10. Service Providers

Zebra3 uses third-party service providers to deliver the Services. These providers may include database hosting providers, AI technology providers, and platform API services.

Zebra3 will:

  • ensure service providers are bound by appropriate data protection obligations;

  • notify clients before adding any new service provider that processes Client Data; and

  • allow clients a reasonable opportunity to object to a new service provider.

A current list of material service providers, their functions, and data processing locations is available upon request.

11. Disclaimers

To the maximum extent permitted by law:

  • the Services, Website, and Dashboard are provided on an “as is” and “as available” basis;

  • we do not warrant that the Dashboard or Website will be uninterrupted, error-free, or free of harmful components;

  • we do not warrant the accuracy or completeness of data retrieved from third-party platforms (this data is provided by those platforms and may contain errors or omissions);

  • AI technology outputs are provided as analytical assistance and are reviewed by our personnel, but we do not warrant that AI-assisted analysis will be error-free; and

  • nothing in these Terms excludes or limits any consumer guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded by law.

12. Limitation of Liability

To the maximum extent permitted by law:

  • Zebra3’s aggregate liability for all claims arising under or in connection with these Terms is limited to the total fees paid by the Client in the 12 months preceding the claim;

  • Zebra3 is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, even if advised of the possibility of such damages; and

  • Zebra3 is not liable for any loss or damage arising from the Client’s reliance on data retrieved from third-party platforms, except to the extent caused by Zebra3’s negligence or wilful misconduct.

Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be excluded by law.

13. Indemnification

You agree to indemnify and hold harmless Zebra3, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

  • your breach of these Terms;

  • your use of the Services in violation of any applicable law; or

  • any third-party claim arising from your use of the Services, except to the extent caused by Zebra3’s negligence or wilful misconduct.

14. Confidentiality

Each party agrees to keep confidential all information of a confidential nature received from the other party in connection with these Terms or the Services. Confidential information does not include information that:

  • is or becomes publicly available through no fault of the receiving party;

  • was already known to the receiving party without restriction;

  • is independently developed by the receiving party; or

  • is required to be disclosed by law or regulation.

This confidentiality obligation survives the termination of these Terms.

15. Termination

Either party may terminate the service relationship:

  • by providing written notice in accordance with the applicable service agreement or MSA; or

  • immediately, if the other party materially breaches these Terms and fails to remedy the breach within 30 days of written notice.

Upon termination:

  • your access to the Dashboard will be revoked;

  • Client Data will be deleted in accordance with Section 8.4; and

  • provisions that by their nature survive termination will continue to apply, including Sections 7 (Intellectual Property), 8.4 (Data Retention), 8.5 (Data Breach), 12 (Limitation of Liability), 13 (Indemnification), 14 (Confidentiality), and 17 (Governing Law).

16. Dispute Resolution

If a dispute arises under these Terms, the parties agree to:

  • first, attempt to resolve the dispute through good faith negotiation;

  • if not resolved within 14 days, submit the dispute to mediation administered by an agreed mediator; and

  • if mediation is unsuccessful within 28 days, either party may commence legal proceedings.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

17. Governing Law

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts of appeal therefrom.

To the extent the Services involve the processing of Personal Information, the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the Notifiable Data Breaches scheme apply.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreement or MSA, constitute the entire agreement between the parties with respect to the subject matter. Where a separate service agreement or MSA has been executed, its terms prevail to the extent of any inconsistency.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

18.3 Waiver

A failure or delay by either party in exercising any right under these Terms does not constitute a waiver of that right.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of our assets.

18.5 Force Majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including natural disasters, acts of government, pandemic, internet or telecommunications failure, or third-party platform outages.

18.6 Notices

Notices under these Terms must be in writing and sent by email or post to the addresses specified in the applicable service agreement. Notices sent by email are deemed received on the next business day after sending.

19. Contact Us

If you have any questions about these Terms, please contact us:

Zebra3 Digital

Email: hello@zebra3.digital

Website: zebra3.digital