Terms of Service

Effective date: 22 July 2026

These Terms govern access to and use of the Tradie Texts service ("Service") supplied by Tradie Texts (ABN 64 896 703 064) ("we", "us", "our"). By creating an account, clicking to accept these Terms, or using the Service, you agree to these Terms for the business you represent ("Customer", "you").

1. The Service

Tradie Texts helps trade businesses recover missed calls. The Service can detect missed calls to a configured business number, send an automated SMS follow-up, use AI to help qualify the caller's job and route it to the right teammate, flag likely emergencies, display leads and conversations in a dashboard, and provide an in-app team chat for the Customer's own users.

The Service is an operational assistant. It is not an emergency dispatch service, professional advice service, call centre, or guarantee that any lead will be recovered, qualified, booked or converted.

2. Eligibility and account

You must be at least 18 years old and authorised to bind the business using the Service. You must provide accurate account, billing and business information, keep it current, and protect account credentials. You are responsible for activity under your account except to the extent caused by our breach of these Terms, negligence, wilful misconduct, or failure to comply with applicable law.

3. Customer compliance responsibilities

You are responsible for your own dealings with callers and for ensuring your use of the Service complies with applicable law, including the *Australian Consumer Law*, the *Privacy Act 1988* (Cth), the Australian Privacy Principles, the *Spam Act 2003* (Cth), and any rules that apply to your industry.

You must:

• Only use the Service for genuine enquiries from people who have contacted your business, unless

you have a separate lawful basis and consent for any other communication;

• Not use the Service for bulk marketing, cold outreach, harassment, deceptive conduct, unlawful

content, or impersonation;

• Ensure callers receive appropriate privacy and AI notices, including any notice your business is

required to give as the business dealing directly with the caller;

• Not configure greetings, personas or prompts that hide the automated nature of the SMS

interaction or imply that a human is responding when that is not true;

• Honour opt-out requests and not try to bypass STOP, unsubscribe or suppression controls;
• Avoid asking callers to send payment card numbers, government identifiers, passwords, health

details or other sensitive information unless you have a lawful and necessary basis to collect it;

• Be responsible for your Members' and Crew's access to and use of the Service, and ensure they

comply with these Terms as if their acts were your own;

• Obtain each Crew member's consent before adding them to receive job-alert SMS about routed

leads, and be able to evidence that consent if we ask;

• Comply with any telecommunications, sender ID or messaging rules that apply to your use of the

number and the messages sent on your behalf, noting that we provision and hold the number itself; and

• Promptly tell us about suspected misuse, unauthorised access, or privacy incidents involving the

Service.

4. Team seats, crew and team chat

Depending on your plan, you may add teammates to your account in two ways:

• Members: dashboard users you invite by email. Members can log in and, according to the

access your plan and account settings allow, view your leads, conversations and caller data. Your primary account holder is the Manager.

• Crew: teammates you add by name and mobile number to receive job-alert SMS about leads

routed to them. Crew do not have a login and do not access the dashboard.

You are responsible for each Member's and Crew member's access to and use of the Service, and for their compliance with these Terms as if their acts were your own. Before adding a Crew member, you must have that person's consent to receive job-alert SMS about routed leads, and be able to evidence that consent if we ask.

The Service may use AI to route a qualified lead to a particular Member or Crew member based on the trade or job type described by the caller. Routing is operational assistance only, and the limits on AI accuracy described under "AI-generated content and emergencies" below apply equally to routing decisions. We do not guarantee that a lead is routed correctly or reaches the intended person, and you remain responsible for following up leads.

Crew and Fleet plans include an in-app team chat for your Members to communicate with each other about leads and jobs. Chat is for your own Members only; callers cannot see or post to it. Messages, and any images posted, are not deleted by users and form part of your account records; we store images privately and do not use them for our own marketing. You are responsible for what your Members post in team chat and must ensure they do not post unlawful, infringing, harassing, or unnecessarily sensitive content. We may remove chat content or restrict chat access to comply with law, protect people, or prevent misuse.

5. Caller data and data processing

For caller information, the Customer decides why the caller is contacted and how the lead is used. Tradie Texts processes caller information to provide the Service on the Customer's behalf and in accordance with these Terms, the Privacy Policy, and the Customer's lawful instructions.

Caller information visible in the dashboard, including AI-generated summaries and job details, is also visible to your Members according to the access your plan and settings allow. You are responsible for ensuring your Members only use caller information for the purposes you have authorised and consistent with your own privacy obligations.

We may process caller phone numbers, missed-call metadata, SMS message bodies, AI-generated lead summaries, job details, service addresses, urgency indicators, and related operational records. We may use sub-processors listed in the Privacy Policy, including providers located outside Australia, to operate the Service.

You authorise us to process caller information for the Service, security, support, debugging, billing, legal compliance, and service improvement in accordance with the Privacy Policy. We will not sell caller personal information or use caller message content for our own marketing.

6. AI-generated content and emergencies

The Service uses AI to draft SMS replies and extract lead information. AI output can be inaccurate, incomplete, delayed, or inappropriate. You remain responsible for reviewing leads, deciding how to respond, and verifying details before acting.

The Service may attempt to identify emergency keywords and alert you, but it must not be relied on as a monitored emergency channel. You should make your own emergency arrangements and ensure callers know to call 000 where life, safety or serious property damage is at risk.

7. Plans, trials, billing and usage

New accounts receive a 14-day free trial unless we state otherwise at sign-up. No card is required to start the trial. If you do not subscribe to a paid plan, the trial ends and paid features may be disabled.

Paid plans are billed in advance on a recurring basis through Stripe. Usage-based charges, if any, are described at sign-up or in the billing interface. You must ensure your billing details are accurate and that you are authorised to use the selected payment method.

Plan limits are (a "team seat" is a Member or a Crew member, as described under "Team seats, crew and team chat" above):

"Priority email support" means priority triage by email during NSW business days. It is not a guaranteed resolution time or uptime SLA unless separately agreed in writing.

If usage materially exceeds plan limits or creates legal, security, deliverability, carrier or cost risk, we may contact you to reduce usage, move you to a suitable plan, apply overage terms you accept, or temporarily limit sending. We will act reasonably and, where practicable, give prior notice before limiting non-urgent usage.

We may change plan pricing or included limits with at least 30 days' notice. Changes apply from your next billing period unless you agree otherwise.

8. Cancellation, refunds and Australian Consumer Law rights

You can cancel a paid subscription at any time through the billing portal or by contacting support. Cancellation stops future renewals and normally leaves the plan active until the end of the current paid period.

Downgrades may create a Stripe account credit for a future invoice. An account credit is not a refund to your card. Usage charges already incurred are not refundable except where required by law or where we agree otherwise.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If the Service fails to meet a consumer guarantee, you may be entitled to a remedy. For a major failure, this may include cancellation and a refund for the affected service, or compensation for a reduction in value. For a minor failure, we may be entitled to fix the problem within a reasonable time.

Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or condition that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

9. Third-party services

The Service depends on third-party providers, including Twilio, OpenAI, Stripe, Supabase, Vercel and Upstash. We will take reasonable care in selecting and configuring providers we use, but we do not control their networks, platforms, carrier filtering, outages, policy changes, or acts and omissions. We are not responsible for failures caused by your forwarding number configuration, your telecommunications provider, caller devices, internet connectivity, or other matters outside our reasonable control.

10. Service availability and changes

We will use reasonable care and skill to provide the Service. We do not promise uninterrupted, error-free, or real-time operation. We may perform maintenance, apply security fixes, change features, or discontinue features. If a change is materially adverse to a paid plan, we will give reasonable notice where practicable and allow you to cancel before the change affects your next billing period. We may make immediate changes where needed for security, legal compliance, provider requirements, or to prevent harm.

11. Intellectual property

We own the Service, software, interfaces, workflows, documentation and related intellectual property. You own your business content and caller data. You grant us a limited licence to host, process, transmit, display and use that content only as needed to provide, secure, support and improve the Service and comply with law.

Feedback you provide may be used to improve the Service without obligation to you, but we will not publish confidential business information without permission.

12. Liability

To the maximum extent permitted by law and subject to the non-excludable rights described above:

• Neither party is liable for indirect, special or consequential loss, lost profits, loss of

goodwill, or loss of business opportunity;

• We are not liable for failed, delayed, filtered or undelivered SMS caused by carriers, Twilio,

recipient devices, incorrect numbers, opt-outs, or your configuration;

• We are not liable for business decisions made from AI output unless the loss was caused by our

breach of these Terms, negligence, wilful misconduct, or failure to comply with applicable law; and

• Our aggregate liability for claims connected with the Service is limited to the greater of

AUD $500 and the fees you paid us in the 12 months before the event giving rise to the claim.

The liability cap does not limit liability that cannot lawfully be limited, payment obligations, fraud, wilful misconduct, or a party's misuse of the other party's confidential information.

13. Suspension and termination

We may suspend or terminate access if you materially breach these Terms, fail to pay undisputed amounts, create legal/security/deliverability risk, misuse the Service, or if a provider requires us to do so. Where practicable, we will give notice and a reasonable opportunity to fix the issue. We may act immediately where needed to protect people, data, the Service, providers, carriers, or legal compliance.

On termination, we will handle data in accordance with the Privacy Policy and Data Retention and Deletion Policy.

14. Changes to these Terms

We may update these Terms by giving notice through the Service, email, or another reasonable method. Material adverse changes will not apply to the current paid period unless required for security, law, provider requirements, or to prevent harm. Continued use after changes take effect means you accept the updated Terms.

15. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from those courts.

16. Contact

Tradie Texts Support: hello@tradietexts.com.au

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