Legal

Terms of Service

Provided by
Elastic Brain Pty Ltd (ABN 91 605 096 526), operator of Paykeel
Effective
27 June 2026
Last updated
9 July 2026
Version
1.3
Contact
hello@paykeel.com

1. Agreement to these terms

These terms are a legal agreement between you (the merchant) and Elastic Brain Pty Ltd (ABN 91 605 096 526), the operator of Paykeel. By installing or using Paykeel you agree to these terms. If you are entering into them on behalf of a business, you confirm you are authorised to bind that business.

2. What Paykeel does

Paykeel detects failed and declined payments and abandoned carts in your Shopify store and contacts the affected customer on your behalf, in your store’s voice, with a link to complete their order. Recovery messages use approved templates; when a customer replies, an AI assistant answers within strict limits. We do not change your storefront or checkout, and we never charge a customer’s card — recovery is always a link the customer completes themselves.

3. Your responsibilities

  • You must have the right to contact your customers about their orders and to use the contact details in your Shopify store.
  • You are responsible for your own obligations under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) in relation to your customers.
  • You must keep your store name and sender details accurate so messages identify you correctly.
  • You must not use Paykeel to send anything other than the factual recovery messages the service is designed to send.

4. Messaging and compliance

Paykeel messages are written in your store’s voice and go only to customers who haven’t opted out. Customers can opt out at any time by replying STOP to an SMS, and we suppress further contact immediately — on a shared sending number, a STOP applies to every store using that number. The service enforces quiet hours, a maximum number of contacts, and a circuit-breaker to prevent over-sending. Paykeel helps you message lawfully but does not assume your legal obligations to your customers.

Recovery messages use approved templates and fixed timing rules; customer replies may be answered by an AI assistant within strict limits; see our Privacy Policy for detail.

5. Data processing agreement

This section is our data processing agreement with you. It applies whenever Paykeel processes personal information about your customers on your behalf. Our broader handling of personal information is described in our Privacy Policy.

5.1 Roles

You are the controller of your customers’ personal information; Paykeel is your processor and acts only on your documented instructions — these terms, your app settings, and the Privacy Policy. You confirm you have a lawful basis (including any required consent) to provide that data and to have your customers contacted for recovery.

5.2 Purpose and scope

Paykeel processes the data solely to provide the recovery service: detecting failed and declined payments and abandoned carts, deciding which lost sales to recover and when, and sending recovery messages with a link to complete the order. We process only the minimum data needed and limit our use to this purpose.

  • Data subjects: your customers, including people who started but did not complete a checkout.
  • Data processed: name, email and phone; order and checkout references and value; decline reason; payment-method metadata; consent state; and message and reply logs. We never collect or store card numbers or any cardholder data.

5.3 Consent and opt-out

We respect and apply the consent and opt-out decisions recorded for your customers — including the SMS and email marketing-consent state in your Shopify store and any STOP or unsubscribe request — and suppress contact accordingly. We do not sell personal information or “share” it in the sense used by privacy laws such as the CCPA, and we honour requests to opt out of the sale or sharing of personal information.

5.4 Sub-processors and overseas processing

We use a limited set of sub-processors to run the service — Shopify (source), AI infrastructure (AWS Bedrock, Australia region), Twilio (SMS), Resend (email), and cloud hosting — each under terms that protect the data, and we remain responsible for their handling. Your recovery data is stored in Australia; some sub-processors process limited data overseas under appropriate safeguards, as described in the Privacy Policy.

5.5 Security

We encrypt personal information in transit and at rest (including backups), restrict access to authorised personnel and log it, keep test and production data separate, store no card data, and maintain a documented security incident-response process. If a personal-data breach affects your customers, we will notify you without undue delay.

5.6 Retention, return and deletion

We keep personal information only as long as needed for the recovery loop and our legal obligations (see the Privacy Policy for periods). When you uninstall Paykeel or these terms end, we delete your customers’ personal information. Opt-out (STOP) records on a shared sending number are retained while other stores use that number, so opt-outs keep being honoured; when a number leaves service entirely, its records are deleted.

5.7 Assistance and reviews

We will help you respond to customer access, correction and deletion requests and to regulators, provide the information reasonably needed to demonstrate compliance, and cooperate with Shopify’s data protection reviews and reasonable audits.

6. Pilot

Paykeel is currently offered as a pilot. During the pilot we may set up and tune the service for you, features may change, and we may contact you for feedback. Either party may end the pilot at any time.

7. Fees

The fees for Paykeel depend on the service level you choose, as set out when you sign up or as otherwise agreed with you in writing. New stores start with a free trial; once the trial ends, the monthly fee for your selected plan applies unless you cancel beforehand.

We may change our fees or plans from time to time and will give you at least 30 days’ notice of any change that affects you. If you do not accept a change, you may terminate by uninstalling Paykeel before it takes effect (see section 10); continuing to use the service after that date means you accept the new fees.

Unless stated otherwise, fees are in US dollars and exclusive of GST.

8. Service availability

We aim to keep Paykeel available and working, but the service is provided on an “as is” basis during the pilot and we do not warrant uninterrupted or error-free operation. Recovery depends on factors outside our control, including Shopify, carrier and email delivery, and customer behaviour.

9. Liability

Nothing in these terms excludes rights you have under the Australian Consumer Law. To the extent permitted by law, our liability arising from the service is limited as set out in the agreement we enter into with you, and we are not liable for indirect or consequential loss.

10. Termination

You can stop using Paykeel at any time by uninstalling it from Shopify. We may suspend or end access if these terms are breached or if required to protect customers or comply with law.

11. Governing law and changes

These terms are governed by the laws of Australia. We may update them from time to time; when we make material changes we will update the version number and the “last updated” date at the top of this page.

12. Contact us

For any question about these terms, contact us:

Effective 27 June 2026 · Version 1.3. These terms will be reviewed with legal sign-off before general availability.