Terms of Service

1. The agreement

These terms are a contract between you (the business or individual using Refr) and Refr. If you are agreeing on behalf of a business, you confirm you are authorised to do so. If you do not agree, do not use the service.

2. What Refr does

Refr is an SMS referral engine. You add your customers, set a referral offer and a message, and Refr sends texts to those customers after a job, tracks referrals, records conversions, and shows you the results. Messages are delivered through third-party carriers via Twilio.

We may change, improve or retire features over time. We will give reasonable notice before removing a feature you materially rely on.

3. Accounts

• You must be 18 or older and using Refr for business purposes.
• You must provide accurate account and business details and keep them up to date.
• You are responsible for keeping your login secure and for activity under your account.
• One account per business unless we agree otherwise.

4. Free trial, plans and billing

• New accounts may start with a free trial. If you do not cancel before it ends, your chosen plan begins and you are charged.
• Subscriptions renew automatically each month until cancelled. You can cancel at any time from your billing page; access continues to the end of the paid period.
• Prices are shown at checkout in the currency displayed there. Where GST applies, it is included in the displayed price.
• Payments are processed by Stripe. We do not store card details.
• We may change prices with at least 30 days notice. The change applies from your next billing period, and you may cancel before then.
• Except where required by the Australian Consumer Law, amounts already paid are non-refundable.
• Plan limits (for example, customer counts and monthly send volumes) are described on the pricing page and apply to your account.

5. Your messaging obligations

This is the most important part of these terms. You are the sender of the messages Refr delivers on your behalf.

• You must have consent. Before messaging a number, you must have consent — express, or inferred from an existing business relationship — for that person to receive marketing messages from you, as required by the Spam Act 2003 (Cth).
• You must honour opt-outs. If someone asks not to be messaged, do not add them again or message them from another list. Refr records STOP and START replies and blocks opted-out numbers, but the obligation is yours.
• Identifiable sender. Your messages must identify you as the sender and include a working way to opt out. Use the templates and merge fields as intended.
• Accuracy and lawfulness. Your messages must not be misleading or deceptive, and must comply with all applicable laws, including the Spam Act, the Australian Consumer Law and the Privacy Act.

We may suspend or terminate your account if we reasonably believe you are sending messages without consent or in breach of these obligations. You indemnify us for losses, claims or penalties we incur because of messaging you sent in breach of this section.

6. Acceptable use

You must not use Refr to:

• send unsolicited bulk messages, or messages to purchased or scraped lists;
• send content that is unlawful, threatening, harassing, defamatory, or that promotes illegal goods or services;
• impersonate another person or business;
• upload data you do not have the right to use;
• reverse engineer, resell, or provide the service to third parties as your own;
• attempt to access other accounts, probe or overload our systems, or interfere with the service.

7. Customer data

Your customer records belong to you. You grant us a licence to store and process them only as needed to provide the service, as described in our Privacy Policy. You are responsible for having a lawful basis to provide us with that information, and for responding to your customers' requests about it.

8. Message delivery

SMS delivery depends on mobile carriers and the recipient's device. We do not guarantee that a message will be delivered, or delivered within a particular time. Delivery reports are indicative. Carrier filtering, incorrect numbers and handset settings can all prevent delivery, and message and data rates of the recipient's carrier may apply to them.

9. Third-party services

Refr relies on third parties including Twilio (SMS), Stripe (payments), Supabase (database and authentication), Resend (email) and Vercel (hosting). Outages or changes at those providers can affect the service. Their terms may also apply to the parts of the service they provide.

10. Intellectual property

Refr, including its software, design and branding, is owned by us or our licensors. We grant you a non-exclusive, non-transferable right to use the service for your business while your subscription is active. Your business name, logo and content remain yours.

11. Availability

We aim to keep Refr available and working, but we do not promise uninterrupted service. We may need to take it offline for maintenance or security. Where practical, we will give notice of planned downtime.

12. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Our service comes with guarantees that cannot be excluded under that law.

Subject to that, the service is provided on an "as is" basis, and we do not warrant that it will be error-free or that any particular number of referrals or revenue will result from using it.

13. Limitation of liability

To the extent permitted by law, our total liability to you arising out of or in connection with these terms or the service is limited to the greater of the fees you paid us in the three months before the event giving rise to the liability, or $100. We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, or loss of data.

14. Suspension and termination

• You can close your account at any time from your settings or by contacting us.
• We may suspend or terminate your account if you breach these terms, fail to pay, or if required by law or a carrier.
• On termination, your right to use the service ends. We will handle your data as described in the Privacy Policy.
• Clauses that by their nature should survive termination — including clauses 5, 7, 10, 12, 13 and 15 — continue to apply.

15. Governing law

These terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state. Nothing in this clause limits any mandatory consumer protections available to you where you live.

16. Changes to these terms

We may update these terms from time to time. If a change is material, we will notify you by email or in-app at least 14 days before it takes effect. Continuing to use Refr after that date means you accept the updated terms.

17. Contact

Questions about these terms: abirkhan3323@gmail.com.