Terms of Service

1. Agreement

By creating a LoyalText account or using the LoyalText platform, you ("Operator") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the platform.

LoyalText is operated by The Trustee for Broad & Co. Family Trust trading as LoyalText (ABN 89 687 217 914) ("we", "us", "our"), an Australian business based in Queensland.

2. The service

LoyalText provides a software-as-a-service (SaaS) platform that allows small businesses to run SMS-based loyalty programs for their customers. This includes member management, stamp tracking, automated SMS messages, and related features described on our website.

We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice to Operators.

3. Account registration

To use LoyalText, you must:

• Be at least 18 years of age
• Provide accurate and complete information during signup
• Maintain the security of your account credentials
• Notify us promptly of any unauthorised access to your account

You are responsible for all activity that occurs under your account.

4. Subscriptions and billing

LoyalText is offered on a monthly subscription basis. Pricing is as published on our website at the time of signup or plan change.

• Free trial: New accounts receive a 14-day free trial with full access to the selected plan. A payment method is required at signup but no charge is made during the trial period.
• Billing: After the trial, your nominated payment method is charged monthly in advance.
• SMS limits: Each plan includes a monthly SMS quota. Unused SMS does not roll over. If you exceed your quota, we will notify you — we will not cut off service without notice.
• Plan changes: Upgrades take effect immediately. Downgrades take effect at the start of your next billing period.
• Cancellation: You may cancel your subscription at any time. Your account remains active until the end of the current billing period. No refunds are issued for partial months.
• Failed payments: If a payment fails, we will notify you and allow a grace period before suspending the account.

All prices are in Australian dollars (AUD) and are inclusive of GST.

5. Acceptable use

You agree to use LoyalText only for lawful purposes and in accordance with these Terms. You must not:

• Send unsolicited or spam SMS messages to any person
• Contact Members who have opted out (replied STOP)
• Use the platform to send messages that are misleading, deceptive, or in breach of Australian Consumer Law
• Use the platform for any illegal purpose
• Attempt to circumvent any SMS volume or rate limits
• Resell or sublicense access to the LoyalText platform without written consent

6. Spam Act compliance

You are responsible for ensuring your use of LoyalText complies with the Spam Act 2003 (Cth). This includes:

• Only messaging Members who have opted in by texting your keyword
• Including your business name in messages
• Honouring all opt-out (STOP) requests promptly
• Not sending messages that have no relationship to the loyalty program

LoyalText processes opt-out requests automatically. Operators must not attempt to re-contact opted-out Members.

7. Member data

You own the Member data generated through your loyalty programs. By using LoyalText, you grant us the right to process Member data on your behalf for the purpose of providing the service.

You are responsible for ensuring you have appropriate consent from Members to collect and use their data in accordance with the Privacy Act 1988 (Cth). The act of a Member texting your keyword constitutes opt-in consent to participate in your loyalty program and receive related SMS messages.

8. Intellectual property

LoyalText and all associated software, designs, trademarks, and content are owned by us or our licensors. Nothing in these Terms transfers any intellectual property rights to you.

You retain ownership of the content you create — your loyalty program messages, business name, and branding.

9. Limitation of liability

To the maximum extent permitted by Australian law, LoyalText is not liable for any indirect, incidental, special, or consequential loss arising from your use of the platform, including loss of business, revenue, or data.

Our total liability to you for any claim arising under these Terms is limited to the amount you paid us in the three months prior to the event giving rise to the claim.

Nothing in these Terms limits or excludes any guarantee, warranty, or other right that cannot be excluded under Australian Consumer Law.

10. Service availability

We aim to provide a reliable service but do not guarantee uninterrupted availability. We are not liable for downtime, SMS delivery failures, or interruptions caused by third-party providers (Twilio, Stripe, Supabase, Vercel) or circumstances outside our reasonable control.

11. Termination

We may suspend or terminate your account if you breach these Terms, fail to pay, or use the platform in a way that harms other users or third parties. We will give reasonable notice where possible.

On termination, your access to the platform ceases. You may request an export of your Member data within 30 days of termination.

12. Governing law

These Terms are governed by the laws of Queensland, Australia. Any disputes are subject to the exclusive jurisdiction of the courts of Queensland.

13. Changes to these Terms

We may update these Terms from time to time. We will notify Operators of material changes by email at least 14 days before they take effect. Continued use of the platform after changes constitutes acceptance.

14. Contact

Questions about these Terms? Email us at hello@loyaltext.com.au.