Margin OS - Terms of Service

Effective date: 2 July 2026  ·  Last updated: 2 July 2026

1. Acceptance of these Terms

1.1 These Terms of Service ("Terms") form a binding legal agreement between you ("you", "your", the "Customer", or the "Merchant") and Blufire Pty Ltd (ABN 14 665 545 282) ("Blufire", "we", "us", "our"), the operator of the Margin OS platform ("Margin OS" or the "Service").

1.2 By creating an account, installing the Service, clicking "I agree" (or similar), connecting an integration, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any documents incorporated by reference, including our Privacy Policy and our Data Processing Addendum (available on request).

1.3 If you do not agree to these Terms, you must not access or use the Service.

1.4 If you enter into these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity.

2. Eligibility - Business Use Only

2.1 The Service is provided for business use only. By using the Service you represent and warrant that: (a) you are at least 18 years of age and have the legal capacity to enter into a binding contract; (b) you are using the Service in the course of operating a business, trade, or profession, and not as a consumer for personal, domestic, or household purposes; and (c) you are not barred from using the Service under the laws of Australia or any other applicable jurisdiction.

2.2 Because the Service is supplied for business use, certain consumer guarantees under the Australian Consumer Law may be limited as set out in clause 10. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, that cannot lawfully be excluded or limited.

3. Description of the Service

3.1 Margin OS is a multi-tenant, business-to-business software-as-a-service platform that provides ecommerce analytics, margin and profitability reporting, customer and audience insights, and audience-activation capabilities.

3.2 The Service allows you to connect third-party platforms and accounts, including (without limitation) Shopify, Klaviyo, Google, Meta, and TikTok (each a "Connected Integration"), via OAuth or other authorised methods, so that the Service can ingest, process, analyse, and (where you direct) export or activate your data across those platforms.

3.3 The features, functionality, and availability of the Service may change from time to time. We may add, modify, or remove features, and we will use reasonable efforts to notify you of material changes that adversely affect your use.

3.4 The Service is provided on a subscription basis. Specific features may be gated to particular plans, tenant configurations, or the availability of data from your Connected Integrations.

4. Accounts and Connected Integration Authorisation

4.1 Account registration

(a) You must provide accurate, current, and complete information when creating an account and keep it up to date. (b) You are responsible for safeguarding your account credentials and for all activity that occurs under your account; you must notify us promptly at info@blufire.com.au of any unauthorised use. (c) You are responsible for the acts and omissions of all users you permit to access the Service under your account.

4.2 Authorisation of Connected Integrations

When you connect a Connected Integration, you grant us authority to access, retrieve, store, and process data from that integration as reasonably necessary to provide the Service, and you represent and warrant on a continuing basis that:

• (a) you own, or are duly authorised to access and connect, each Connected Integration and the accounts associated with it;
• (b) you have all rights, consents, licences, and authority necessary to provide us with access to, and to permit our processing of, all data made available through the Connected Integrations (the "Customer Data");
• (c) you have a valid lawful basis and, where required, have obtained all necessary consents from the individuals whose personal information is included in the Customer Data, including any consent required to (i) collect, use, and disclose that personal information for analytics and audience-activation purposes, and (ii) upload, transfer, or otherwise make available customer data to advertising and marketing platforms (such as Google, Meta, TikTok, and Klaviyo) for the creation of custom or matched audiences and related activation;
• (d) your provision of Customer Data to us, and our processing of it as directed by you, does not and will not violate any applicable law (including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and any applicable foreign data-protection laws), any third party's rights, or the terms, policies, or programme requirements of any Connected Integration or advertising platform; and
• (e) you will maintain and honour all opt-outs, suppressions, and deletion requests, and will not provide us with data you are not permitted to share or activate.

4.3 You are solely responsible for your relationship with, and compliance with the terms of, each Connected Integration and advertising platform. We may suspend or disable any Connected Integration if required to comply with a platform's requirements or applicable law.

5. Acceptable Use

5.1 You must not, and must not permit any user or third party to: (a) use the Service in violation of any applicable law, regulation, or third-party right; (b) upload, process, or activate any data for which you lack the necessary rights, consents, or lawful basis; (c) upload sensitive personal information, or data relating to children, for audience activation except where expressly permitted by law and by the relevant platform's policies; (d) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law; (e) copy, resell, sublicense, rent, lease, or otherwise commercially exploit the Service except as expressly permitted; (f) access the Service to build a competing product or to benchmark it for a competitor; (g) introduce any malware, or interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure; (h) circumvent or attempt to circumvent any usage limits, access controls, or security measures; (i) use any automated means to scrape or extract data from the Service except via interfaces we expressly make available; or (j) use the Service to send spam or in any manner that breaches the anti-spam laws of any jurisdiction (including the Spam Act 2003 (Cth)).

5.2 We may, but are not obliged to, monitor use of the Service for compliance, and may investigate suspected breaches.

6. Subscriptions, Billing, Trials, and Cancellation

6.1 Plans and fees

(a) Access to the Service requires a paid subscription unless otherwise stated. Fees, billing frequency, and plan inclusions are set out at the point of purchase, in an order form, or on our pricing page ("Fees"). (b) Unless otherwise stated, all Fees are exclusive of GST and other applicable taxes, which you must pay in addition. (c) Unless stated otherwise, Fees are non-refundable except as required by law.

6.2 Billing

Where you install or subscribe through the Shopify App Store, your subscription is billed by Shopify through the Shopify Billing API and is subject to Shopify's billing terms. Payment, refunds, proration, and cancellation of charges are handled by Shopify.

6.3 Trials

(a) We may offer a free trial or evaluation period. Unless we tell you otherwise, at the end of the trial your subscription will automatically convert to a paid subscription and the applicable Fees will be charged, unless you cancel before the trial ends. (b) Trials are provided "as is" and may have limited features.

6.4 Renewal, price changes, and cancellation

(a) Subscriptions automatically renew for successive periods equal to the then-current term unless cancelled before the end of the current period. (b) We may change Fees on renewal by giving you at least 30 days' notice; continued use after the change takes effect constitutes acceptance. (c) You may cancel your subscription at any time through Shopify. Cancellation takes effect at the end of the current billing period, and you retain access until then; except where required by law, we do not provide pro-rata refunds for partial periods. (d) Overdue amounts may accrue interest at a reasonable commercial rate, and we may suspend the Service for non-payment after giving you reasonable notice.

7. Data Ownership and Licence

7.1 Your data. As between you and us, you own all right, title, and interest in and to your Customer Data. We do not claim ownership of your Customer Data.

7.2 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, process, analyse, display, and otherwise use the Customer Data solely to the extent necessary to (a) provide, maintain, secure, and support the Service to you; (b) perform activations, exports, and integrations you direct (including transferring data to Connected Integrations and advertising platforms at your instruction); and (c) comply with applicable law.

7.3 Aggregated and de-identified data. We may create and use aggregated, anonymised, or de-identified data derived from use of the Service (such that it does not identify you or any individual) to operate, improve, benchmark, and develop the Service. We own such aggregated and de-identified data.

7.4 Our IP. We own all right, title, and interest in and to the Service, including all software, models, methodologies, and analytics outputs (other than your underlying Customer Data). No rights are granted to you except as expressly set out in these Terms.

7.5 Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction or obligation to you.

7.6 Data return and deletion. On termination, our handling, return, and deletion of Customer Data is governed by clause 13 and our Privacy Policy / Data Processing Addendum.

8. Confidentiality

8.1 "Confidential Information" means non-public information disclosed by one party to the other that is marked or would reasonably be understood to be confidential, including the Service's non-public features, pricing, and your Customer Data.

8.2 The recipient must use the Confidential Information only to exercise its rights and perform its obligations under these Terms, protect it using at least reasonable care, and not disclose it except to personnel and contractors who need to know and are bound by confidentiality obligations no less protective than these.

8.3 These obligations do not apply to information that is or becomes public through no fault of the recipient, was lawfully known before disclosure, is independently developed, or is lawfully received from a third party. A party may disclose Confidential Information where required by law, giving reasonable prior notice where lawful.

9. Third-Party Platform Dependencies and Disclaimers

9.1 No affiliation. Margin OS is an independent platform. We are not affiliated with, endorsed by, sponsored by, or otherwise associated with Shopify, Google, Meta, Klaviyo, TikTok, or any other third-party platform. All product names, logos, and trademarks are the property of their respective owners and are used for identification only.

9.2 Dependence on third parties. The Service relies on the APIs, services, and continued availability of Connected Integrations and other third-party platforms. Changes, deprecations, rate limits, outages, policy changes, or discontinuation by those third parties are outside our control and may affect, degrade, interrupt, or prevent some or all functionality. We are not responsible or liable for any such third-party act or omission.

9.3 No guarantee of access. We do not guarantee that any Connected Integration will remain available, that any particular data will be accessible, or that audience activation will be accepted or actioned by any advertising platform.

9.4 Third-party terms. Your use of any Connected Integration remains subject to that third party's own terms and policies, which you are responsible for complying with.

10. Warranties and Disclaimers

10.1 We warrant that we will provide the Service with reasonable care and skill.

10.2 To the maximum extent permitted by law, and subject to clause 10.4, the Service is provided "as is" and "as available", and we disclaim all other warranties, representations, conditions, and guarantees, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement.

10.3 Without limiting clause 10.2, we do not warrant that the Service will be uninterrupted, error-free, or secure; that any analytics, insights, recommendations, margin calculations, or outputs will be accurate, complete, or suitable for any decision; or that defects will be corrected. Outputs of the Service are provided for informational purposes and you remain solely responsible for your business, financial, marketing, and compliance decisions.

10.4 Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to (a) in the case of services, resupplying the services or paying the cost of resupply; and (b) in the case of goods, replacing or repairing the goods or paying the cost of doing so.

11. Limitation of Liability

11.1 Subject to clause 10.4, and to the maximum extent permitted by law: (a) neither party is liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, or loss or corruption of data, however arising; and (b) our total aggregate liability arising out of or in connection with these Terms and the Service is limited to the total Fees paid or payable by you to us (or, for Shopify-billed installs, the amounts billed for the Service) in the 12 months immediately preceding the event giving rise to the liability.

11.2 The limitations in this clause apply to the maximum extent permitted by law and do not limit liability that cannot lawfully be limited (including under clause 10.4).

11.3 Each party must take reasonable steps to mitigate its loss. Our liability is reduced to the extent your act, omission, or breach (including your failure to obtain required consents or to comply with clause 4) caused or contributed to the loss.

12. Indemnity

12.1 You indemnify and hold harmless Blufire and its officers, employees, and contractors from and against all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal costs) arising out of or in connection with: (a) your Customer Data, including any claim that it, or our processing of it as directed by you, infringes a third party's rights or breaches any law or platform policy; (b) your breach of clause 4 (including any failure to hold the necessary rights, consents, or lawful basis); (c) your breach of clause 5 (Acceptable Use) or of any third-party platform's terms; or (d) your other breach of these Terms or applicable law.

12.2 We will give you prompt notice of any claim, allow you to control the defence (with counsel reasonable to us), and provide reasonable cooperation. You must not settle any claim in a way that imposes obligations or admissions on us without our prior written consent.

13. Suspension and Termination

13.1 Termination for convenience. You may terminate by cancelling your subscription in accordance with clause 6. We may terminate or not renew by giving you 30 days' notice.

13.2 Suspension. We may immediately suspend or limit your access if you breach these Terms (including non-payment or an Acceptable Use breach), if suspension is required to comply with law or a third-party platform's requirements, or if we reasonably believe your use poses a security, legal, or operational risk. We will use reasonable efforts to give notice where practicable.

13.3 Termination for cause. Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days' of written notice, or becomes insolvent or subject to an insolvency event.

13.4 Effect of termination. On termination: your right to access the Service ceases; accrued Fees remain payable; and each party returns or destroys the other's Confidential Information on request, subject to retention required by law or backup routines.

13.5 Data retrieval and deletion. For 30 days' after termination you may request export of your Customer Data in a format we reasonably make available. After that period we may delete Customer Data in accordance with our Privacy Policy / Data Processing Addendum, subject to legal retention requirements.

13.6 Clauses that by their nature should survive (including clauses 7, 8, 10, 11, 12, 14, and 15) survive termination.

14. Changes to these Terms

14.1 We may update these Terms from time to time. If we make a material change, we will give you reasonable notice by email and/or in-product notice before it takes effect.

14.2 Changes take effect on the stated effective date. Your continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel in accordance with clause 6.

15. Governing Law, Disputes, and General

15.1 Governing law. These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction and the courts of appeal from them.

15.2 Dispute resolution. Before commencing proceedings (other than for urgent injunctive relief), a party must notify the other in writing of the dispute, and the parties must negotiate in good faith for at least 14 days' to resolve it, escalating to senior representatives. If unresolved after 30 days', either party may pursue its available remedies.

15.3 Notices. Notices to us must be sent to info@blufire.com.au and/or 2/8 Bromham Place, Richmond, VIC 3121. Notices to you may be sent to the email associated with your account.

15.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

15.5 Entire agreement. These Terms, together with any order form and incorporated policies, constitute the entire agreement and supersede all prior agreements on their subject matter.

15.6 Severability and waiver. If any provision is held unenforceable, it is severed and the remainder continues in effect. A failure to enforce a right is not a waiver of it.

15.7 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, excluding payment obligations.

15.8 Relationship. The parties are independent contractors; nothing creates a partnership, agency, or employment relationship.

16. Contact

Blufire Pty Ltd
ABN: 14 665 545 282
Email: info@blufire.com.au
Phone: 1300 075 655
Address: 2/8 Bromham Place, Richmond, VIC 3121, Australia