Terms of Service

Last updated: 18 June 2025

1. Acceptance of the Terms

By installing or using the "OmuSync" application, visiting omucommerce.com or otherwise accessing the Services, you ("Merchant", "you") agree to be bound by these Terms of Service ("Terms") and by our Privacy Policy, which is incorporated by reference. If you do not accept these Terms, you may not use the Services.

2. Definitions

"Services" means the OmuSync SaaS platform, related websites, APIs, dashboards and any associated support.

"Content" includes data, text, images, trademarks, logos, or code provided by either party.

"Customer Data" means any data—whether or not it constitutes Personal Information under the Privacy Policy—about the end‑customers of the Merchant or about the Merchant's store operations that is imported into, transmitted through, generated by, or stored on the Services at the Merchant's direction. Customer Data typically includes, without limitation: product and variant information (titles, SKUs, images, pricing, stock levels); order records (order numbers, line items, fulfilment status, payment status); shopper details contained in those orders (names, shipping and billing addresses, email addresses, phone numbers); inventory adjustments and metadata associated with the foregoing. Customer Data does not include (a) Account & Contact Data you provide to open or administer your OmuSync account, (b) Platform Credentials such as API tokens, or (c) aggregated, anonymised analytics that we generate about the performance of the Services.

"Platforms" means the third‑party ecommerce platforms—currently Shopify and TikTok Shop—that the Service interfaces with.

3. Eligibility & Account Registration

You must be at least 18 years old and have authority to bind the business identified in your Shopify or TikTok account. Accurate, complete registration information (including a valid email) is required, and you are responsible for maintaining the confidentiality of your login credentials. Losses arising from unauthorised use of your account remain your responsibility.

4. Licence & Acceptable Use

4.1 Licence

We grant you a limited, non‑exclusive, non‑transferable, revocable licence to access and use the Services solely to sync product, inventory and order data between your authorised Shopify and TikTok Shop stores.

4.2 Restrictions

You must not:

  • copy, modify, or reverse‑engineer any part of the Service;
  • access the APIs in a manner that violates Shopify's or TikTok's terms;
  • upload malicious code; or
  • use the Service to infringe any third‑party IP or applicable law.

5. Fees, Billing & Taxes

Plans are billed in advance on a monthly basis and are non‑refundable. Downgrades may cause loss of features or data. Prices may change with 30 days' notice via email or in‑app notification. You are responsible for all applicable taxes except Australian GST collected by us.

6. Data Privacy & Security

We process Personal Information and Customer Data in accordance with our Privacy Policy. You retain all rights to Customer Data; however, you grant us a worldwide, royalty‑free licence to host, transmit and display such data as necessary to provide the Service. We employ industry‑standard technical and organisational measures but do not warrant that the Service is free from vulnerabilities.

7. Intellectual Property

Except for the limited licence above, nothing in these Terms transfers any IP rights. Shopify™ and TikTok™ are trademarks of their respective owners and are used for identification only; Omu Commerce Pty Ltd is not affiliated with or endorsed by them.

8. Third‑Party Services

The Service relies on APIs and systems operated by the Platforms and other vendors. Availability of third‑party services is outside our control, and we are not liable for interruptions caused by such providers.

9. Modifications to Service

We may modify, suspend or discontinue the Service (or any feature) at any time, with or without notice. Continued use after a modification constitutes acceptance.

10. Termination

Either party may terminate at any time for convenience by closing the account or giving written notice. Upon termination your access ceases immediately and all synced data stored on OmuSync systems may be deleted and irretrievable. Outstanding fees remain payable.

11. Disclaimers

The services are provided "as is" and "as available", without warranties of any kind—express, implied, or statutory—including merchantability, fitness for a particular purpose, non‑infringement, or that the services will be uninterrupted or error‑free.

12. Limitation of Liability

To the maximum extent permitted by law, Omu Commerce Pty Ltd will not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, including lost profits, revenue, goodwill, or data. Our aggregate liability for all claims in any 12‑month period is limited to the fees you paid us for the services during that period.

13. Indemnification

You agree to defend, indemnify and hold harmless Omu Commerce Pty Ltd and its directors, officers, employees and affiliates from any claim, damage, loss, or expense (including reasonable legal fees) arising out of:

  • your breach of these Terms;
  • your Content or Customer Data;
  • your violation of any law or third‑party right; or
  • disputes with your own customers.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia, excluding conflict‑of‑laws rules. The parties submit to the exclusive jurisdiction of the courts of New South Wales for all disputes arising out of or relating to the Services.

15. Changes to Terms

We may update these Terms at any time by posting the amended version on omucommerce.com or within the Service. The "Last Updated" date at the top will reflect the effective date. Continued use after that date constitutes acceptance of the changes.

16. Contact Information

Omu Commerce Pty Ltd
ABN 55 686 060 757
Unit 1, 51 South Creek Rd, Dee Why NSW 2099, Australia
Email: support@omucommerce.com