Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the RebooqAI website ("Website") and the services we provide ("Services"). RebooqAI ("we", "us", "our") is a business based in Melbourne, Victoria, Australia. By accessing and using this Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. Acceptance of terms

By using our Website and Services, you confirm that you have read, understood and agreed to these Terms. We may update these Terms from time to time, and changes will be posted on this page. Your continued use of the Website after changes are posted constitutes acceptance of those changes.

2. Eligibility

You must be at least 18 years of age, or have the consent of a legal guardian, to use our Website and Services. By using the Website, you confirm you meet this requirement.

3. Services we provide

RebooqAI provides done-for-you follow-up, member reactivation and retention systems for gyms, fitness studios, spas and wellness businesses. Our Services may include, without limitation: instant response to enquiries, missed-call follow-up, appointment confirmations and reminders, reactivation and win-back sequences, rebooking prompts, referral campaigns, reporting, and related setup and ongoing management. We set up and run these systems on top of the booking software and tools you already use.

By using our Services, you agree to follow the guidelines and reasonable instructions we provide.

4. Audits, quotes and engagement

A free audit or discovery conversation does not create an ongoing service agreement. Any paid engagement is governed by the specific service agreement, plan and pricing we agree with you, which sits alongside these Terms. Where there is a conflict between these Terms and a signed service agreement, the service agreement prevails.

5. Account and information accuracy

To use certain Services you may need to provide information about your business and grant access to the tools we will run the system on. You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for maintaining the security of any account credentials you share with us or that we set up with you.

6. AI and automation disclaimer

Our Services use AI and automation to assist with follow-up, communication and retention. While we work to make them accurate and reliable, you acknowledge that:

• Automated and AI-generated messages are produced from configured logic and may occasionally contain errors;
• We do not guarantee specific outcomes, conversion rates, retention improvements or revenue results;
• Messages are configured to be approved by you and sent in your business's voice (human-in-the-loop), and you are responsible for reviewing and approving communications sent to your members and customers;
• Our Services are not a substitute for professional advice (legal, medical, financial or otherwise);
• Performance may vary depending on the quality and accuracy of the data, content and configuration you provide.

7. Your responsibilities

When using our Website and Services, you agree not to:

• Use them for any unlawful purpose;
• Upload or distribute harmful content, including viruses or malware;
• Interfere with the proper functioning of the Website or Services;
• Use the Services to send spam, unsolicited messages, or engage in deceptive or misleading conduct;
• Use the Services in any way that breaches applicable privacy, telecommunications, anti-spam (including the Spam Act 2003 (Cth)) or consumer protection laws;
• Attempt to reverse-engineer, copy or extract the underlying systems, configurations or logic we use to deliver the Services.

You are responsible for ensuring you have the right to use, and to have us process, any member or customer data you provide, and for notifying your members and customers as required by privacy law (see our Privacy Policy).

8. Data handling

Your use of the Website and Services is also governed by our Privacy Policy, which explains how we collect, use and protect personal information, including information we process on your behalf. Where we run systems for you, we process your members' and customers' data only to deliver the Services, and you remain responsible for your own privacy obligations to those individuals.

9. Payments and billing

Where you purchase paid Services, you agree to pay the fees set out in your service agreement. Setup fees and monthly fees are billed as specified at the time of purchase (typically setup billed part upfront and part on go-live, and monthly fees billed in advance). All prices are in Australian dollars and, unless stated otherwise, exclusive of GST. We may suspend or pause Services if payment is not received.

10. Intellectual property

All content on the Website, and the systems, configurations, message frameworks, workflows and materials we develop to deliver the Services, are owned by RebooqAI or our licensors and are protected by Australian and international law. You retain ownership of your own business content and your member and customer data. You may not copy, modify, distribute or reverse-engineer our materials without our written consent.

11. Service availability

We aim to keep the Services running reliably, but we do not guarantee uninterrupted or error-free operation. The Services depend on third-party platforms (including booking software, CRM, telephony and messaging providers), and outages, scheduled maintenance or technical issues may cause temporary disruptions. We will make reasonable efforts to give notice of planned downtime where practical.

12. Third-party integrations

Our Services integrate with third-party platforms, including the booking software and tools you already use. We do not control and are not responsible for the content, availability, practices or performance of those third-party services, and your use of them is governed by their own terms.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (ACL) that cannot lawfully be excluded. Where our liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by the ACL.

14. Limitation of liability

Subject to Section 13, and to the maximum extent permitted by law, RebooqAI is not liable for any indirect, incidental, special or consequential loss arising from your use of, or inability to use, the Website or Services, including loss of data, profits, leads, or missed appointments. To the maximum extent permitted by law, our total liability for any claim arising from the Services is limited to the amount you paid us for the relevant Service in the three months preceding the claim.

15. Indemnity

To the extent permitted by law, you agree to indemnify RebooqAI against claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Website or Services, your breach of these Terms, your breach of privacy or anti-spam law in relation to your members and customers, or your infringement of any third-party rights.

16. Termination

Either party may end a paid engagement in accordance with the relevant service agreement. We may suspend or terminate access to the Website or Services where you materially breach these Terms. On termination, systems we run on your behalf may be deactivated. You retain your own member and customer data; we retain ownership of our system builds and configurations.

17. Governing law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the jurisdiction of the courts of Victoria.

18. Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions continue in full effect.

19. Contact us

If you have any questions about these Terms, contact us at:

RebooqAI
Email: hello@rebooqai.com
Location: Melbourne, Victoria, Australia

These Terms are provided in good faith and are general in nature. They are not legal advice and should be reviewed by a qualified legal professional for your specific circumstances before you rely on them.