Terms of Service

By accessing or using the Shoulder Monkey platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including those on a free trial and paid subscribers. By paying a setup fee, starting a free trial or subscribing, you confirm you have the authority to bind yourself or your business to these Terms.

Shoulder Monkey provides a white-label business management platform ("Platform") built on enterprise-grade cloud infrastructure. The Platform includes CRM, pipeline management, booking and appointment scheduling, email marketing, 2-way SMS, automation and workflows, reputation management, website and funnel building, call tracking, invoicing, social media planning, and related tools. The specific features available to you depend on your subscription plan. We may add, change or remove features from time to time. We will give you at least 14 days' notice by email before we remove a feature or make a change that materially reduces what your plan does. If the change is needed for security or legal reasons, or is made by a third-party provider and is outside our reasonable control, we will tell you as soon as we reasonably can. If a change to the Service materially disadvantages you, you may cancel your subscription before the change takes effect, or within 14 days after we tell you about it, and we will refund any plan fees you have prepaid for the period after your cancellation.

Setup fee: before we build your account, we quote a one-off setup fee after a free discovery call. Setup fees start from AUD $1,650 including GST (AUD $1,500 plus GST) and depend on the work required for your business. Your quote sets out what the setup includes. The setup fee is payable upfront before work starts. If we cannot finish your setup: if we cannot deliver the setup described in your quote for a reason within our control, we will tell you in writing and refund the setup fee in full. If we do not hear from you: we will ask you in writing for the information, access and approvals we need to build your account. If you do not provide them within 30 days of our request, we may pause the build and send you a written reminder. If you still have not provided them 14 days after that reminder, we may close the build. If we do, we will keep a reasonable amount for the work already done and refund the rest of the setup fee. Apart from the cases above, once we have started building your account the setup fee is non-refundable, except where a refund is required under the Australian Consumer Law. We offer a 14-day free trial of your subscription for new subscribers. The trial starts on your go-live day, which is the day we hand over your working account and confirm in writing that it is live. During the trial: • You have full access to the features included in your selected plan • A valid payment method is required to begin the trial • You will not be charged a subscription fee until the trial period ends • If you cancel before the trial ends, you will not be charged a subscription fee • If you do not cancel before the trial ends, your subscription will begin automatically and you will be charged the applicable plan fee 30-day money-back guarantee: if you are not happy with your plan for any reason, tell us in writing within 30 days of your go-live day and we will refund the plan fees you have paid. This applies to your first subscription only. The free trial and this guarantee cover plan fees only, not the setup fee or usage charges. Trial accounts are for new users only. Creating multiple trial accounts to extend the free period is prohibited.

Subscriptions are billed monthly or annually in advance in Australian Dollars (AUD). Prices include GST at 10%. Prices are: • Silver: AUD $270.60/month including GST (AUD $246 plus GST) • Gold: AUD $404.80/month including GST (AUD $368 plus GST) • Platinum: AUD $635.80/month including GST (AUD $578 plus GST) • Annual plans: billed as 11 months (1 month free): Silver AUD $2,976.60, Gold AUD $4,452.80 and Platinum AUD $6,993.80 a year, including GST If your business is outside Australia and our supply to you is GST-free, we charge these prices without GST. Platinum usage allowances: each month Platinum includes up to 300 AI voice minutes, 1,000 AI chat replies and 700 SMS segments. Usage above an allowance is billed monthly in arrears at AUD $0.495 per AI voice minute and AUD $0.132 per SMS segment, including GST (AUD $0.45 and AUD $0.12 plus GST). Unused allowances do not roll over. MMS is not included. While you stay subscribed on the same plan, we will not increase your plan price. New prices apply only to new subscribers or if you change plans. We may change usage rates by giving you at least 30 days' notice by email. If a usage rate increase disadvantages you, you may cancel your subscription before it takes effect and we will refund any plan fees you have prepaid for the period after your cancellation. Payments are processed securely via our payment provider. We do not store your card details. Failed payments may result in service suspension after a grace period.

You may cancel your subscription at any time through your account dashboard or by contacting us at info@shouldermonkey.co. Monthly subscriptions: cancellation takes effect at the end of the current billing period. Apart from the money-back guarantee in section 3 and the refunds for changes in sections 2, 4 and 12, no partial refunds are issued for unused time. Annual subscriptions: cancellation takes effect at the end of the annual period. Apart from the money-back guarantee in section 3 and the refunds for changes in sections 2, 4 and 12, we do not offer refunds for annual plans unless required by law. Setup fees: see section 3. We may end your account if you seriously breach these Terms (for example, by sending spam or breaking the law), or if you breach them in another way and do not fix it within 14 days of our written notice. If we end your account for breach, no refund will be issued, except where required under the Australian Consumer Law.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not: • Use the Service to send unsolicited bulk messages (spam) • Violate any applicable laws or regulations, including Australian Spam Act 2003 and applicable SMS marketing laws • Collect or process personal data in violation of applicable privacy laws • Attempt to gain unauthorised access to the Service or its infrastructure • Use the Service to store or transmit malicious code • Resell or sub-license the Service without our express written consent • Misrepresent your identity or affiliation We reserve the right to suspend or terminate accounts that violate this section.

You retain ownership of all data, content, and contact information you upload to or generate within the Platform ("Your Content"). By using the Service, you grant us a limited licence to store, process, and transmit Your Content solely to provide the Service. You are responsible for ensuring you have the right to upload and process Your Content, including any personal data of your clients. You must comply with applicable privacy laws when collecting and using client data through the Platform. We do not use Your Content for any purpose other than providing and improving the Service.

The Shoulder Monkey brand, logo, platform interface, and all associated intellectual property are owned by us or licensed to us. Nothing in these Terms grants you any rights to our intellectual property. Certain underlying platform technology used to deliver the Service is owned by third-party providers. Our use of that technology is governed by separate agreements with those providers.

To the maximum extent permitted by law: • Apart from your rights under the Australian Consumer Law, we give no other warranties about the Service • Neither of us is liable to the other for any indirect or consequential loss, including loss of profits or revenue • Each party's total liability to the other for all claims arising from these Terms or the Service is limited to the total fees paid or payable by you to us in the 12 months before the event that gave rise to the claim • Where the law allows, our liability for failing to meet a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again These limits do not apply to fees you owe us, to liability for fraud, or to liability for death or personal injury caused by negligence. Nothing in these Terms excludes any liability that cannot be excluded under applicable law (including Australian Consumer Law).

We aim to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with advance notice, and unscheduled maintenance when necessary. We are not liable for downtime caused by circumstances beyond our reasonable control, including failures of third-party infrastructure providers, telecommunications networks, or internet outages.

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales, unless you are a consumer in another jurisdiction entitled to the protection of local mandatory laws. Australian Consumer Law: Nothing in these Terms limits any rights you have under the Australian Consumer Law, including consumer guarantees.

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. If a change materially disadvantages you, you may cancel your subscription before it takes effect and we will refund any plan fees you have prepaid for the period after your cancellation. If you keep using the Service after the change takes effect, the updated Terms apply to you.

For questions about these Terms: Email: info@shouldermonkey.co Phone: +61 2 5657 6545 Address: Shoulder Monkey, 377 Kent St, Sydney NSW 2000, Australia