Terms and Conditions — Attentive Wren

1. Introduction

Welcome to Attentive Wren Pty Ltd ("we", "our", "us"). These Terms and Conditions govern your access to and use of our software-as-a-service platform, which allows users ("Providers", "you") to create landing pages, offer programs, and manage bookings and customer communications. By subscribing to or using our platform, you agree to be bound by these Terms.

2. Subscription and Fees

2.1. Subscription Fee: Access to the platform requires an active subscription, currently priced at $19 AUD/month (inclusive of GST, if applicable).

2.2. Billing: Subscription fees are billed automatically in advance on a monthly basis via Stripe.

2.3. Changes to Fees: We reserve the right to modify our subscription fees upon 30 days' written notice.

3. Payments and Stripe Connect

3.1. Independent Processing: We integrate with Stripe Connect Standard. When you sell programs on your landing page, you act as the Merchant of Record. You are required to open and maintain your own independent Stripe account. (Our platform assists you through this)

3.2. Earnings: You retain 100% of the earnings from the programs you sell. Attentive Wren Pty Ltd does not take a commission on your sales.

3.3. Liability for Transactions: All transactions for your programs are strictly between you and your customers. Attentive Wren Pty Ltd is not responsible for processing delays, chargebacks, refunds, or disputes. You agree to indemnify us against any claims arising from your sales.

3.4. Stripe Terms: By using our platform to receive payments, you also agree to the Stripe Connected Account Agreement and any applicable Stripe terms.

4. Email Communications and Spam Act Compliance

4.1. Automated Emails: Our platform automatically generates and sends booking confirmation emails to your customers on your behalf.

4.2. Micro Bulletins: You may use our platform to send "micro bulletins" to customers who have booked a service with you.

4.3. Spam Act 2003 (Cth): You are solely responsible for ensuring that all communications sent via our platform comply with the Australian Spam Act 2003. This means you must:

Only send bulletins to customers who have given express or inferred consent. (Covered by checkbox on booking page)
Accurately identify yourself as the sender.(All generated booking emails, and bulletins will have your username)
Ensure every bulletin includes a functional unsubscribe facility. (We have that in the email)

We reserve the right to suspend your account immediately if we receive complaints that you are using our platform to send unsolicited spam.

5. Acceptable Use

You agree not to use the platform to sell illegal, offensive, or highly regulated goods or services, nor to upload malicious code, scrape data, or infringe on third-party intellectual property.

6. Australian Consumer Law (ACL) and Liability

6.1. Consumer Guarantees: Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

6.2. Limitation of Liability: Subject to our obligations under the ACL, our platform is provided "as is." We do not guarantee that the platform will be 100% error-free or perfectly secure. To the maximum extent permitted by law, our total liability for any claims arising out of this agreement is limited to the subscription fees you paid us in the 3 months preceding the claim.

7. Governing Law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.