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Terms of Service

Last updated: 14 March 2026

1. Introduction

These Terms of Service ("Terms") govern your use of the vivyd platform ("Service"), operated by vivyd Pty Ltd ("vivyd", "we", "us", "our"). By accessing or using the Service at vivyd.app, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Service Description

Vivyd is an automated revenue recovery platform for appointment-based businesses. We detect cancelled bookings, schedule gaps, and no-shows in your calendar, then intelligently reach out to suitable clients via SMS to fill those slots. The Service integrates with your existing booking system (e.g. Square) to monitor availability and automate client outreach on your behalf.

3. Eligibility

You must be at least 18 years old and operating a legitimate appointment-based business in Australia to use the Service. By signing up, you represent that you have the authority to bind your business to these Terms.

4. Performance-Based Trial

Vivyd offers a performance-based trial period. During the trial, you will not be charged any subscription fees. Billing only begins once vivyd has demonstrably recovered revenue exceeding the cost of your selected plan. For example, if you are on the Starter plan ($99/month AUD), you will not be billed until we have recovered more than $99 in booking revenue for your business. We determine recovered revenue based on bookings confirmed through vivyd's outreach that would otherwise have remained unfilled.

5. Plans and Payment

Vivyd offers three subscription plans, billed monthly in Australian Dollars (AUD):

  • Starter — $99/month AUD
  • Growth — $199/month AUD
  • Pro — $499/month AUD

Payments are processed via Stripe. By subscribing, you authorise vivyd to charge your nominated payment method on a recurring monthly basis. All prices are exclusive of GST unless otherwise stated. You are responsible for keeping your payment details up to date.

6. Cancellation and Refunds

You may cancel your subscription at any time through your dashboard or by contacting us at support@vivyd.app. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial months. Upon cancellation, your access to the Service will continue until the end of the paid period, after which your account will be deactivated and your data will be retained for 90 days before permanent deletion.

7. Your Responsibilities

As a user of the Service, you agree to:

  • Provide accurate and current business and client information
  • Maintain valid authorisation to contact your clients via SMS
  • Comply with applicable laws, including the Spam Act 2003 (Cth) and the Australian Privacy Act 1988 (Cth)
  • Not use the Service for any unlawful, fraudulent, or harmful purpose
  • Ensure your booking system integration remains active and properly configured

8. Data Usage

To provide the Service, vivyd processes business data, client contact information, booking history, and calendar availability. This data is used to detect open slots, score client suitability, and send targeted SMS messages to recover revenue. Our use of your data is governed by our Privacy Policy. You retain ownership of all data you provide to us.

9. SMS Messaging and Consent

Vivyd sends SMS messages to your clients on your behalf to offer available appointment slots. By using the Service, you confirm that you have obtained appropriate consent from your clients to receive SMS communications related to booking availability. All SMS messages sent by vivyd include the ability for recipients to opt out by replying "STOP". Once a client opts out, vivyd will not send them further messages. Standard message and data rates may apply to recipients.

10. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, algorithms, scoring models, demand intelligence systems, and branding, are owned by vivyd. Nothing in these Terms transfers any intellectual property rights to you. You may not copy, modify, reverse-engineer, or create derivative works of the Service.

11. Limitation of Liability

To the maximum extent permitted by law:

  • Vivyd provides the Service on an "as is" and "as available" basis without warranties of any kind, express or implied
  • We do not guarantee that the Service will recover any specific amount of revenue or fill any particular number of slots
  • Vivyd's total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total fees you have paid to vivyd in the 12 months preceding the claim
  • In no event shall Vivyd be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

12. Indemnification

You agree to indemnify and hold vivyd harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Service, your breach of these Terms, or your violation of any applicable law or regulation.

13. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms or are using the Service in a manner that could harm vivyd or other users. Upon termination, your right to use the Service ceases immediately.

14. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or through the Service. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

16. Contact

If you have any questions about these Terms, please contact us at support@vivyd.app.