Terms of Service

1. Who we are

TradeReach AI ("TradeReach", "we", "us") is the name under which Ali Marhaben, an individual, provides the Service. You can contact us at support@tradereach.net.

These Terms apply to the website at tradereach.net, the dashboard at app.tradereach.net and everything we provide through them (the "Service").

2. Business use only

The Service is offered to businesses, mainly Australian trade businesses, for use in their business. By creating an account you confirm that you are acting for a business and that you are authorised to accept these Terms for it. "You" means that business.

Our Privacy Policy, SMS & Acceptable Use Policy, Data Processing Addendum, Subscription, Billing & Cancellation Policy, Data Retention & Deletion Policy, Automated Replies & AI Disclaimer, Security & Incident Response Policy and Customer Complaints & Support Policy form part of these Terms.

3. What the Service does

When a call to your business mobile goes unanswered and your carrier forwards it to the TradeReach number assigned to you, the Service can send the caller an automated text, collect the details they reply with, alert you by SMS and keep the conversation and lead in your dashboard. You can reply to callers from the dashboard.

The Service does not book jobs, quote prices, promise callback times or provide emergency services, and it does not replace your phone service. Features can depend on your plan and on third-party services.

4. Your account

Give us accurate details and keep them up to date. Keep your password private. You are responsible for activity under your account unless it results from our failure to meet these Terms. Tell us promptly if you think someone has accessed your account without permission.

Before we assign a number or switch on texting we may ask you to verify your identity, your business or the phone number you will forward from, as our telecommunications providers require.

5. Plans and prices

Subscriptions are monthly. Each plan includes a monthly SMS allowance and one assigned TradeReach number. The current plans, prices and allowances are shown on our pricing page and again before you pay. Prices are in Australian dollars. Any taxes that apply are shown at checkout.

We may change our published prices and allowances. A change applies to subscriptions started, and plan changes made, after it is published. We will not change the price or allowance of your current subscription without telling you at least 30 days beforehand, and you may cancel before the change takes effect.

6. SMS allowance, packs and limits

• Usage is counted in SMS segments. A segment holds up to 160 plain characters, or 70 if the text contains emoji or other special characters. A longer text uses several segments.
• Texts to your callers, lead alerts to you and usage warnings all count toward your allowance. Texts your callers send you do not, but each plan has a fair-use level for them; we may contact you if you go well above it.
• Unused allowance does not carry over to the next billing period.
• SMS packs are optional one-off purchases. Pack SMS are used after your plan's allowance and expire at the end of the billing period in which you bought them.
• There is no overage. When your allowance and any packs are used up, outgoing texts pause until your next billing period, or until you buy a pack or move to a larger plan. Calls and replies are still recorded in your dashboard.
• We tell you by SMS when you have used 80% of your allowance, and the dashboard shows your usage at all times.

7. Billing and payment

Payments are processed by Stripe. By subscribing you authorise us to charge your payment method at the start of each billing period, and for any pack you buy. We do not store your card details.

If a payment fails, or your subscription is otherwise not active, texting pauses until the payment succeeds. Your account, data and dashboard remain available. Stripe may retry the payment and notify you. If an amount remains unpaid, we may suspend the account after giving you notice.

8. Changing plans, cancelling and refunds

You can change plan through the billing settings in your dashboard; Stripe calculates any proration. You can cancel at any time in the same place or by contacting us. Cancellation takes effect at the end of the current billing period and nothing more is charged after that.

We do not refund part-used billing periods, unused SMS or packs, except where the law requires it or where we charged you in error.

9. Phone numbers and call forwarding

Your TradeReach number is provided through our telecommunications provider. You may use it while your subscription is active; it is not transferred to you, and it may be reassigned after your subscription ends. Moving it to another provider is only possible if we agree in writing.

You set up call forwarding with your own carrier, at your own cost. Carriers behave differently, and some do not pass on the information that shows a call was forwarded. Test forwarding before relying on it and keep your normal phone service.

10. Your messages

You must follow our SMS & Acceptable Use Policy and the laws that apply to your messages, including Australia's Spam Act 2003 and privacy law. You are responsible for having a lawful basis to message each person and for the content you configure or send.

Every first automated text names your business, says it is automated and explains how to opt out. When someone replies STOP or a similar opt-out word, the Service stops texting them from your number. You must not try to get around an opt-out.

11. Other services we rely on

The Service depends on providers such as Twilio for calls and SMS, Stripe for payments, Resend for email and netcup for hosting, and on mobile networks. We cannot guarantee that a message is delivered, or when, or that every carrier passes on forwarded-call details.

12. Availability and changes to the Service

We work to keep the Service available and secure but do not promise uninterrupted availability. We may carry out maintenance and change features. If we significantly reduce a paid feature, we will tell you in advance where we can and you may cancel.

13. Suspension and termination

We may suspend part or all of the Service straight away if we reasonably believe it is being used for spam, fraud or unlawful messaging, if there is a security risk, or if a provider or authority requires it. We will keep any suspension to what is needed and, where we can, tell you why and how to fix it.

For other serious breaches of these Terms we will give you written notice and a reasonable time to fix the problem before ending your access. Either of us may end the agreement if the other does not fix a serious breach. You can close your account by cancelling and contacting us.

When the agreement ends, your access ends. If you ask before, or within 30 days after, it ends, we will give you a copy of your leads and conversations in a common electronic format. Data is then deleted as described in the Privacy Policy and the Data Processing Addendum.

14. Intellectual property

We own the Service, its software and the TradeReach AI brand. While your subscription is active you may use the Service for your business. Your business information, leads and conversations remain yours; you allow us to store, process and transmit them only to provide and protect the Service.

15. Privacy and data

Our Privacy Policy explains how we handle personal information. Where we process your callers' personal information on your behalf, the Data Processing Addendum applies. We never sell personal information or use your callers' messages for advertising.

16. What we do not promise

As far as the law allows, the Service is provided without any promise that it will bring you more leads, jobs or revenue, that it will work without interruption, that every message will be delivered, or that it is suitable for emergencies.

17. Our liability

As far as the law allows, neither of us is liable to the other for loss of profit, revenue, business or opportunity, or for indirect or consequential loss. Our total liability arising from these Terms or the Service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability for fraud or intentional misconduct, or any liability that cannot be limited by law. If the Australian Consumer Law treats you as a consumer, the guarantees it gives you cannot be excluded. Where the law allows us to limit our liability for a failure to meet a guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

18. Indemnity

You will cover our reasonable costs and losses from claims by third parties that arise from your unlawful messages, messages sent without a lawful basis, or your misuse of the Service, to the extent you caused them. We will tell you promptly about such a claim and work with you on it.

19. Changes to these Terms

We may update these Terms. We will tell you about significant changes by email or in the dashboard at least 30 days before they take effect. If you do not agree, you may cancel before then. We keep a record of which version of the Terms each account accepted.

20. Law and disputes

These Terms are governed by the law of Australia, and in particular the law in force in the Northern Territory. Each of us submits to the courts of the Northern Territory and courts that can hear appeals from them. Nothing in these Terms excludes, restricts or modifies any right or remedy under the Australian Consumer Law or other law that cannot be excluded.

If you have a complaint, please contact us first. We will try to resolve it within 30 days before either of us starts formal proceedings, unless urgent relief is needed.

21. General

These Terms, with the documents they refer to, are the whole agreement between us about the Service. We may transfer this agreement as part of a sale or reorganisation of the business, without reducing your rights. If part of these Terms cannot be enforced, the rest still applies. Not enforcing a right straight away does not mean we give it up. We will contact you by email at the address on your account.

22. Contact

Questions about these Terms: support@tradereach.net.