To use the Platform, you must register for an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@staywarm.app if you suspect any unauthorised access.
You may not share account credentials outside your business, create accounts on behalf of others without authorisation, or register more than one account per business without prior approval.
The Platform is provided solely for managing post-sale customer follow-up communications for your business. You agree to use the Platform only for lawful purposes and in accordance with these Terms.
You must not use the Platform to:
By using the Platform to send SMS messages, you confirm and warrant that you have obtained all necessary consents from End Customers; all contact details have been collected lawfully; you will honour all opt-out requests promptly; and you will comply with the Spam Act 2003 (Cth) and all other applicable laws governing electronic communications.
Warm acts as a technology intermediary only. You are solely responsible for the content, legality, and appropriateness of all communications sent through the Platform.
You retain ownership of all Content you enter into the Platform. By entering Content, you grant Warm a limited licence to use, store, and process that Content solely for the purpose of providing the Services. You are solely responsible for ensuring all Content is lawful and does not infringe the rights of any third party.
Warm will use reasonable efforts to keep the Platform operational. We do not guarantee uninterrupted or error-free operation. The Platform may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. Warm reserves the right to modify or discontinue any part of the Platform with reasonable notice.
All intellectual property rights in the Platform including software, design, trademarks, and content created by Warm are owned by or licensed to Warm. The Warm name, logo, and branding may not be used without prior written consent. Nothing in these Terms grants you any rights in Warm's intellectual property except the limited right to use the Platform.
To the maximum extent permitted by Australian law, Warm's total liability for any claim is limited to the fees paid in the three (3) months preceding the claim. Warm is not liable for any indirect, incidental, consequential, or special loss including loss of revenue, data, or business opportunity.
You agree to indemnify and hold Warm harmless against any claims arising from your use of the Platform in breach of these Terms; your failure to obtain proper consent from End Customers; any Content you enter; or your violation of any applicable law.
Warm may suspend or terminate your access immediately if you breach these Terms or if your use poses a risk to other users or the integrity of the Platform. You may terminate your account at any time in accordance with the Service Agreement.
We will provide thirty (30) days notice of material changes via email or notice within the Platform. Continued use after the notice period constitutes acceptance of the updated Terms.
Your use of the Platform is also governed by our Privacy Policy, which forms part of these Terms.
These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland. If any provision is found unenforceable, all remaining provisions continue in full force and effect.
Get in touch and we'll be happy to clarify anything.
hello@staywarm.app