These Terms and Conditions ("Terms") constitute a binding agreement between you ("Client," "you," or "your") and Beauty Recovery ("we," "us," or "our"), a company incorporated in Australia. These Terms govern your use of our proprietary missed-call conversion service ("Service") and any related services provided by Beauty Recovery.

By accessing or using our Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Service immediately.

1. Definitions

"Service" refers to the missed-call conversion system designed to automatically text missed callers with prompts to re-engage, aimed at converting such missed calls into potential appointments for the Client's business. Beauty Recovery does not handle or guarantee appointment booking."Client Data" refers to any personal data, information, or other materials provided by the Client to Beauty Recovery."Subscription" refers to the payment plan selected by the Client upon onboarding, detailing payment intervals and applicable fees for continued access to the Service. Subscriptions may be monthly, annual (pay in full), or annual with instalment options to reach the annual amount."Mobile Number" refers to the dedicated Beauty Recovery mobile phone number assigned to the Client’s account for use in missed-call recovery and engagement messaging.

2. Service Overview and Usage

Scope of Service: Beauty Recovery provides a service that identifies missed calls and initiates automated, personalised text messages to potential clients, encouraging them to take actions that may lead to bookings directly with the Client’s business. The Service aims to increase client engagement but does not confirm or schedule appointments on the Client’s behalf.

No Guarantee of Appointments: Beauty Recovery solely provides re-engagement prompts in the form of text messages. The effectiveness of these messages in securing appointments depends on factors outside our control, including the recipient’s response. Beauty Recovery makes no guarantee that any missed call will result in an appointment. Limited Licence: Subject to these Terms, Beauty Recovery grants the Client a limited, non-transferable, non-exclusive, revocable licence to access and use the Service solely for the purposes of missed call re-engagement. All rights not expressly granted herein are reserved by Beauty Recovery.

3. Ownership of Mobile Number

Beauty Recovery Mobile Number: Any mobile number provided by Beauty Recovery as part of the Service is and remains the exclusive property of Beauty Recovery. This number is used for the purposes of missed-call recovery and customer engagement.

Cancellation of Service: Upon cancellation of the Service, the Beauty Recovery mobile number assigned to the Client’s account will be removed, and the Client will no longer have access to or use of this number for any purposes.

4. Acceptance of Terms and Modifications

Acceptance: By signing up for or using our Service, you agree to abide by these Terms.

Modifications: Beauty Recovery reserves the right to modify these Terms at any time. Notice of significant changes will be communicated via email or on our website. Continued use of the Service constitutes acceptance of the modified Terms.

5. Account and Registration Requirements

Account Information: To use the Service, you must provide accurate information, including business contact details, email, and payment information. You are solely responsible for maintaining the confidentiality of your account credentials.

Eligibility: The Service is available only to entities or individuals who are of legal age and authorised to represent the business or salon.

6. Free Trial

Trial Period: We offer a two-week free trial period to new clients, allowing access to the Service without charge.

Automatic Subscription: If you do not cancel at least 24 hours before the trial concludes, the Service will automatically transition to a paid Subscription, as agreed upon during onboarding.

Limitations: The trial period is limited to one per business. Beauty Recovery reserves the right to refuse a free trial to any business at our sole discretion.

7. Subscription Options and Payment Obligations

Subscription Types:

Monthly Subscription: Clients on a monthly Subscription are billed each month on the date of signup, or as otherwise agreed upon in writing. The monthly Subscription provides access to the Service on a rolling basis, subject to cancellation terms.

Annual Subscription (Pay in Full): Clients on an annual Subscription who choose to pay in full are billed once at the beginning of the 12-month period, receiving access to the Service for the full term.

Annual Subscription with Instalments: For clients opting for an annual Subscription with instalments, Beauty Recovery may, at its sole discretion, allow the total annual fee to be divided into up to four instalments, typically to be completed within the initial months of the Subscription term. This plan obliges the Client to pay the full annual amount over the instalment period, irrespective of any early termination.

Payment Terms: All fees must be paid in accordance with the selected subscription plan. Subscription fees are non-refundable except as provided in our Satisfaction Guarantee (Section 8).

Payment Method: Payments are processed through the Client’s chosen method. Should a payment fail, Beauty Recovery reserves the right to suspend or terminate access to the Service until all outstanding amounts are settled.Late Payments and Collections: Late payments will incur interest at a rate of 1.5% per month on any outstanding balance, or the highest amount allowed by law, whichever is less. Client agrees to reimburse Beauty Recovery for any collection costs, including attorneys' fees, incurred to recover outstanding payments.

Refund Exclusions: Refunds, where applicable, do not include any charges related to phone or SMS credits or any additional service fees accrued during the Subscription term.

8. Satisfaction Guarantee

Scope of Guarantee: Beauty Recovery offers a Satisfaction Guarantee at the end of a 12-month period of continuous paid Service. If, after this period, the Client has experienced substantial issues with the Service despite proper use and compliance with guidelines, and if Beauty Recovery has not met its obligations in providing satisfactory service, the Client may be eligible for a full refund of the previous 12 months’ fees. Additionally, at Beauty Recovery’s sole discretion, the Client may receive an additional 12 months of free Service.

Eligibility and Conditions: To qualify for this Satisfaction Guarantee, the Client must demonstrate a reasonable basis for dissatisfaction, including but not limited to situations where:

- Beauty Recovery has failed to respond to documented support inquiries in a timely manner;

- The Service has been proven to consistently fail in functionality or performance as outlined during onboarding;

- Issues raised by the Client, despite good faith efforts, have not been adequately resolved by Beauty Recovery.

Exclusions: This Satisfaction Guarantee does not apply in situations where:

- The Client has not utilised the Service consistently or has failed to engage with it according to Beauty Recovery’s guidelines and instructions;

- Dissatisfaction is expressed without specific, documented issues, or in cases where Beauty Recovery has provided support and resolved issues to industry standards;

- Client’s business circumstances or preferences have changed, and these are unrelated to the quality or effectiveness of the Service.

Assessment and Approval: Beauty Recovery reserves the right to assess each Satisfaction Guarantee request on a case-by-case basis. All claims will be subject to a comprehensive review of the Client’s account usage, documented interactions, and any Service-related issues reported. Beauty Recovery will determine, at its sole discretion, whether the conditions for the Satisfaction Guarantee have been met and whether a refund and 12 months of additional free Service are warranted.

Claim Process: Requests for the Satisfaction Guarantee must be submitted in writing within 30 days after the end of the 12-month Service period, including detailed documentation of any issues or dissatisfaction experienced by the Client.

9. Service Availability and Limitations

No Warranty of Availability: While we endeavour to maintain uninterrupted Service, Beauty Recovery does not warrant that the Service will be error-free or available at all times.

Maintenance and Downtime: Beauty Recovery reserves the right to suspend the Service for maintenance, upgrades, or emergency repairs, and will make reasonable efforts to provide prior notice of such suspension.

Limitations: The Service may be limited or discontinued based on factors beyond our control, including network issues, Client’s actions, or regulatory restrictions.

10. Client Responsibilities

Provision of Data: Client must provide and maintain accurate data and cooperate with Beauty Recovery to optimise Service functionality.

Compliance with Laws: Client is solely responsible for ensuring compliance with all applicable local, state, and federal laws governing client communications, data privacy, and marketing.

Appropriate Use: The Client agrees to use the Service solely for legitimate business purposes and will not engage in any fraudulent or illegal activity.

11. Intellectual Property

Ownership: Beauty Recovery retains all right, title, and interest in the Service, including but not limited to software, algorithms, and proprietary methods. Client agrees not to reproduce, modify, or reverse engineer any aspect of the Service.

Client Data: Client grants Beauty Recovery a limited, non-exclusive licence to use, process, and store Client Data for purposes of providing the Service. Client retains ownership of all Client Data.

12. Discontinuation of Website Features Upon Cancellation

Website Widgets and Additional Features: As part of the Service, Beauty Recovery may provide additional features such as a website chat widget, review widget, and other engagement tools for integration on the Client’s website. These features are provided solely during the term of the active Subscription.

Termination of Access Upon Cancellation: Upon cancellation or termination of the Subscription, all website widgets and additional features provided by Beauty Recovery will be deactivated, and the Client will no longer have access to these features. Any attempts to continue using these tools after cancellation without express authorisation from Beauty Recovery are prohibited.

13. Privacy and Data Security

Data Collection: Beauty Recovery collects, uses, and processes Client Data only to the extent necessary to provide and improve the Service.

Data Protection: Beauty Recovery employs industry-standard security measures to protect Client Data. However, we do not guarantee complete security against unauthorised access.

Compliance: Beauty Recovery complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles in handling Client Data. Please refer to our Privacy Policy for detailed information on data handling practices.

14. Limitation of Liability

No Liability for Appointment Outcomes: Beauty Recovery provides no assurance, representation, or warranty that the Service will result in actual booked appointments. The Service merely facilitates missed-call re-engagement by delivering automated text messages, and any resulting bookings or client interactions are outside of our control.

Refund Exclusions: Refunds, where applicable, do not include charges related to phone or SMS credits or any other additional service fees incurred during the Subscription term.

No Liability for Indirect Damages: To the maximum extent permitted by law, Beauty Recovery shall not be liable for any indirect, incidental, consequential, or special damages, including loss of revenue, profits, or data.

Aggregate Liability: In no event shall Beauty Recovery’s total liability exceed the total fees paid by the Client in the 12 months preceding the claim.Exceptions: Nothing in these Terms limits liability for death, personal injury, or fraud where such limitations are prohibited by law.

15. Indemnity

Indemnification by Client: Client agrees to indemnify, defend, and hold harmless Beauty Recovery and its affiliates, officers, agents, and employees from any claim, liability, loss, or expense arising from Client’s use of the Service, breach of these Terms, or violation of applicable laws.

16. Termination

Termination by Client: Client may terminate the Subscription by providing 30 days' written notice to Beauty Recovery.

Termination by Beauty Recovery: Beauty Recovery may terminate or suspend Client’s access to the Service without prior notice in the event of a breach of these Terms or if required by law.

17. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of the Commonwealth of Australia, without regard to its conflict of law principles.

Dispute Resolution: Any disputes arising out of these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts in Tasmania. Both parties waive any objections to venue and jurisdiction in these courts.

18. Entire Agreement

These Terms, including any documents incorporated by reference, constitute the entire agreement between Beauty Recovery and the Client. Any prior agreements, representations, or warranties are superseded.

19. Contact Information

For questions or concerns regarding these Terms, please contact us at:

Email: [email protected]