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Terms of Service

Revision Date September 3, 2026

App Terms

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE SERVICES OFFERED BY JYH TECHNOLOGIES PTY LTD ABN 70 700 783 357 ("JYH TECHNOLOGIES"). BY MUTUALLY EXECUTING ONE OR MORE ORDER FORMS WITH JYH TECHNOLOGIES WHICH REFERENCE THESE TERMS (EACH, AN "ORDER FORM"), YOU ("CUSTOMER") AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER FORMS, THE "AGREEMENT") TO THE EXCLUSION OF ALL OTHER TERMS. IN ADDITION, ANY ONLINE ORDER FORM WHICH YOU SUBMIT VIA JYH TECHNOLOGIES'S STANDARD ONLINE PROCESS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH ANY FREE TRIAL (AS DEFINED BELOW)) AND WHICH IS ACCEPTED BY JYH TECHNOLOGIES SHALL BE DEEMED TO BE MUTUALLY EXECUTED. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. TO THE EXTENT THESE TERMS CONFLICT WITH ANY ORDER FORM, SUCH ORDER FORM SHALL GOVERN.

1. Order Forms; Access to the Service; Free Trial

Upon mutual execution, each Order Form shall be incorporated into and form a part of the Agreement. Subject to Customer's compliance with the terms and conditions of this Agreement (including any limitations and restrictions set forth on the applicable Order Form), JYH Technologies grants Customer a nonexclusive, limited, personal, nonsublicensable, nontransferable right and license to internally access and use the JYH Technologies product(s) and/or service(s) specified in an Order Form (collectively, the "Service," or "Services") during the applicable Order Form Term (as defined below) only for Customer's internal business purposes as provided herein and only in accordance with user documentation provided by JYH Technologies for such Service (the "Documentation").

2. Free Trial

JYH Technologies may make the Service available to Customer on a trial basis free of charge ("Free Trial"), which will commence upon the date of Customer's first use of the Service and shall continue for the trial period specified on the applicable Order Form or, if not specified thereon, otherwise communicated to the Customer in writing (email to suffice) (each, a "Trial Period"). Notwithstanding anything to the contrary in this Agreement, (i) the Service under the Free Trial is provided "AS-IS", without warranty of any kind, (ii) Customer's access to the Service may be limited, (iii) JYH Technologies shall not have any obligation to provide any support for the Service (including without limitation pursuant to Section 3 (Support & Maintenance)), and (iv) JYH Technologies shall have no obligations under Section 14 (Indemnification) or liability of any kind with respect to the Service for the Free Trial (unless such exclusion of liability is not enforceable under applicable law, in which case JYH Technologies's liability with respect to the Service provided during the Free Trial shall not exceed $100.00). JYH Technologies will notify Customer before any Services Customer is then using begin carrying a fee. If Customer does not cancel its account prior to the end of a Trial Period, Customer shall be responsible for all applicable fees in accordance with Section 6 (Fees; Payment). Customer shall be fully liable under this Agreement to JYH Technologies for any damages arising out of Customer's use of the Service under the Free Trial, any breach by Customer of this Agreement and any of Customer's indemnification obligations hereunder. In the event of a conflict between this Section 2 and any other portion of this Agreement, this Section 2 shall control. Either party may terminate the applicable Order Form without cause during the Trial Period immediately upon notice to the other party.

3. Support & Maintenance

Subject to Customer's payment of all applicable fees, JYH Technologies will use commercially reasonable efforts to provide support and maintenance for the Services.

4. Service Updates

From time to time, JYH Technologies may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge ("Updates"), and such Updates will become part of the Services and subject to this Agreement; provided that JYH Technologies shall have no obligation under this Agreement or otherwise to provide any such Updates. Customer understands that JYH Technologies may cease supporting old versions or releases of the Services at any time in its sole discretion; provided that JYH Technologies shall use commercially reasonable efforts to give Customer reasonable prior notice of any major changes.

5. Ownership; Feedback

As between the parties, JYH Technologies retains all right, title, and interest in and to the Services, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by JYH Technologies for the purposes of this Agreement, including any copies and derivative works of the foregoing. Any software which is distributed or otherwise provided to Customer hereunder (including without limitation any software identified on an Order Form) shall be deemed a part of the "Services" and subject to all of the terms and conditions of this Agreement. No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement. Customer may (but is not obligated to) provide suggestions, comments or other feedback to JYH Technologies with respect to the Service ("Feedback"). Feedback, even if designated as confidential by Customer, shall not create any confidentiality obligation for JYH Technologies notwithstanding anything else. JYH Technologies acknowledges and agrees that all Feedback is provided "AS IS" and without warranty of any kind. Customer shall, and hereby does, grant to JYH Technologies a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. Nothing in this Agreement will impair JYH Technologies's right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute.

6. Fees; Payment

Customer shall pay JYH Technologies the fees for the Service as set forth in each Order Form (“Fees”). Unless otherwise specified in an Order Form, all Fees shall be invoiced annually in advance and all invoices issued under this Agreement are payable in Australian dollars within thirty (30) days from date of invoice. Customer shall pay a late fee of past due invoices at the lesser of 1.5% per month or the maximum amount permitted by applicable law. Customer shall be responsible for all taxes associated with Service (excluding taxes based on JYH Technologies' net income). Unless otherwise expressly agreed upon by the parties in accordance with the Cancellation and Refund Policy (which is incorporated herein by reference), all Fees paid are non-refundable and are not subject to set-off. If Customer exceeds any user or usage limitations set forth on an Order Form, then (i) JYH Technologies shall invoice Customer for such additional users or usage at the overage rates set forth on the Order Form (or if no overage rates are set forth on the Order Form, at JYH Technologies’ then-current standard overage rates for such usage), in each case on a pro-rata basis from the first date of such excess usage through the end of the Order Form Initial Term or then-current Order Form Renewal Term (as applicable), and (ii) if such Order Form Term renews (in accordance with Section 13 (Term; Termination), below), such renewal shall include the additional fees for such excess users and usage.

7. Restrictions

Except as expressly set forth in this Agreement, Customer shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Service; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (iv) use the Service for the benefit of a third party; (v) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; (vi) use the Service to build an application or product that is competitive with any JYH Technologies product or service; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (viii) bypass any measures JYH Technologies may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (ix) "crawl," "scrape," or "spider" any page, data, or portion of or relating to the Service (or any information, data or content made available through the Service), whether through use of manual or automated means; (x) use the Service in a manner that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (xi) jeopardize the security of any Customer JYH Technologies account or anyone else's account (such as allowing someone else to log in to the Services as you or using or accessing the Services via a device that has been jailbroken, rooted or otherwise modified to circumvent the manufacturer's security restrictions); (xii) attempt, in any manner, to obtain the password, account, or other security information from any other user; (xiii) violate the security of any computer network, or cracks any passwords or security encryption codes; or (xiv) run Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while Customer is not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure). Customer is responsible for all of Customer's activity in connection with the Service, including but not limited to uploading Customer Data (as defined below) onto the Service. Customer (a) shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer's use of the Service (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), (b) shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights, and (c) shall use the Service in accordance with JYH Technologies's Fair Use Policy, which is incorporated herein by reference.

8. Business Verification

JYH Technologies reserves the right to request business verification documents from Customer at any time. These documents may include, but are not limited to, identity verification, business owner verification, and proof of opt-in consent for data processing purposes. Customer acknowledges and agrees that compliance with business verification requests is essential for using all of the Services and maintaining their integrity and security, and agrees to provide any requested verification documents promptly and accurately. If Customer is unable to sufficiently comply, in a reasonable timeframe, and in a manner deemed satisfactory by JYH Technologies, then JYH Technologies reserves the right to suspend or terminate Customer's access to the Services.

9. Messaging Policy

JYH Technologies treats all messaging transmitted via the Service as Application-to-Person ("A2P") messaging. All A2P messages originating from JYH Technologies are subject to this Messaging Policy. Customer is responsible for any person to which it provides the ability to send messages through JYH Technologies.

Consent/Opt-in Requirements

Prior to sending the first message to each recipient, Customer must obtain consent from the recipient to communicate with them. Customer must make clear to the recipient that he/she is agreeing to receive the type of messages Customer plans to send. If Customer does not send the initial message to the recipient within a reasonable period after receiving consent, then Customer must reconfirm consent in the first message sent to that recipient. Consent is limited to the specific use or campaign to which the recipient has consented, and Customer may not send additional messages about other uses or campaigns unless Customer has received consent from the recipient for such additional messages. Customer must keep a record of each consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.

Periodic Messages and Ongoing Consent

If Customer intends to send messages to a recipient on an ongoing basis, Customer must confirm the recipient's consent by offering him/her a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). Customer must comply with the recipient's preferences on frequency of contact.

Identifying Customer as the Sender

Every message Customer sends must clearly identify as the sender the party that obtained the consent/opt-in from the recipient, except in follow-up messages of an ongoing conversation.

Opt-out Requirements

The initial message Customer sends to a recipient must include the following language: "Reply STOP to unsubscribe" or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT. Customer must provide recipients with the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, Customer may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are prohibited.

10. JYH Technologies Messaging

As part of the Service, Customer may receive communications through the Service, including messages that JYH Technologies sends Customer (for example, via email or SMS). By signing up for the Service and providing JYH Technologies with Customer's wireless number, Customer confirms that Customer wants JYH Technologies to send Customer information regarding Customer's account or transactions with JYH Technologies or that JYH Technologies thinks may be of interest to Customer, which may include JYH Technologies using automated dialing technology to text Customer at the wireless number Customer provided, and Customer agrees to receive communications from JYH Technologies, and Customer represents and warrants that each person Customer registers for the Service or for whom Customer provides a wireless phone number has consented to receive communications from JYH Technologies. Customer agrees to indemnify and hold JYH Technologies harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to Customer's breach of the foregoing.

11. Customer Data; Privacy Policy; Phone Number Retention

  1. For purposes of this Agreement, "Customer Data" shall mean any data, information or other material provided, uploaded, or submitted by Customer to the Service in the course of using the Service. Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer, not JYH Technologies, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. JYH Technologies shall use commercially reasonable efforts to maintain the security and integrity of the Service and the Customer Data. JYH Technologies is not responsible to Customer for unauthorized access to Customer Data or the unauthorized use of the Service unless such access is due to JYH Technologies's gross negligence or willful misconduct. Customer is responsible for the use of the Service by any person to whom Customer has given access to the Service, even if Customer did not authorize such use. Customer agrees and acknowledges that Customer Data may be irretrievably deleted ninety (90) days after this Agreement is terminated or Customer's account is delinquent. Notwithstanding anything to the contrary, Customer acknowledges and agrees that JYH Technologies may (i) internally use and modify (but not disclose) Customer Data for the purposes of (A) providing the Service to Customer and (B) generating Aggregated Anonymous Data (as defined below), and (ii) freely use and make available Aggregated Anonymous Data for JYH Technologies's business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing JYH Technologies's products and services). "Aggregated Anonymous Data" means data submitted to, collected by, or generated by JYH Technologies in connection with Customer's use of the Service, but only in aggregate, anonymized form which can in no way be linked specifically to Customer.
  2. JYH Technologies also collects information from individual users of the Services in accordance with JYH Technologies's current privacy policy (the "Privacy Policy") and which is incorporated herein by reference.
  3. JYH Technologies will retain each phone number under Customer's account for no more than thirty (30) days after this Agreement is terminated, or fourteen (14) days after Customer's account is suspended for missed or failed payments, as set out in the Cancellation and Refund Policy. If any user's access to the Services is suspended or terminated under Customer's account due to a violation of this Agreement, JYH Technologies reserves the right, in its sole discretion, to release such user's phone number (i.e., make it available for another user's use) and delete all data associated with such user's account and phone number (including without limitation call and message history and call recordings) after seven (7) days.

12. Third Party Services

Customer acknowledges and agrees that the Service may operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties ("Third Party Services"), including without limitation through integrations or connectors to such Third Party Services that are provided by JYH Technologies. JYH Technologies is not responsible for the operation of any Third Party Services nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Services (including any Customer Data or other information relating thereto) and for complying with any applicable terms or conditions thereof, including without limitation the Twilio Messaging Policy available at https://www.twilio.com/legal/messaging-policy and Twilio's Forbidden Messages Policy available at https://support.twilio.com/hc/en-us/articles/360045004974-Forbidden-Message-Categories-for-SMS-and-MMS-in-the-US-and-Canada. JYH Technologies does not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider and is governed by such third party's terms and conditions.

13. Term; Termination

This Agreement shall commence upon the Order Form Start Date set forth in the first Order Form, and, unless earlier terminated in accordance herewith, shall last until the expiration of all Order Form Terms. For each Order Form, unless otherwise specified therein, the "Order Form Term" shall begin as of the Order Form Start Date set forth on such Order Form, and unless earlier terminated as set forth herein, (x) shall continue for the initial term specified on such Order Form (the "Order Form Initial Term"), and (y) following the Order Form Initial Term, shall automatically renew for additional successive periods of equal duration to the Order Form Initial Term (each, a "Order Form Renewal Term") unless either party notifies the other party of such party's intention not to renew no later than thirty (30) days prior to the expiration of the Order Form Initial Term or then-current Order Form Renewal Term, as applicable. Customer may terminate this Agreement and cancel its subscription at any time in accordance with the "Canceling your subscription" section of JYH Technologies's Cancellation and Refund Policy. Except for Customer's missed payments (which shall be resolved in accordance with the "Missed or failed payments" section of the Cancellation and Refund Policy), JYH Technologies is free to terminate (or suspend access to) Customer's use of the Services or Customer's account for any reason in JYH Technologies's discretion, including Customer's breach of this Agreement. JYH Technologies has the sole right to decide whether Customer is in violation of any of the restrictions set forth in these Terms. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, accrued payment obligations, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In the case of expiration or termination of this Agreement, upon request by Customer made before, or within thirty (30) days after, the effective date of expiration or termination, JYH Technologies may make available to Customer a complete download of all Customer Data in a file or database format in JYH Technologies's discretion. For clarity, any services provided by JYH Technologies to Customer, including the data export set out above, and any assistance in exporting the Customer Data, shall be billable at JYH Technologies's standard rates then in effect.

14. Indemnification

Each party ("Indemnitor") shall defend, indemnify, and hold harmless the other party, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives (collectively, the "Indemnitee") from all liabilities, claims, and expenses paid or payable to an unaffiliated third party (including reasonable attorneys' fees) ("Losses"), that arise from or relate to any claim that (i) in the case of Customer as Indemnitor, the Customer Data or Customer's use of the Service infringes, violates, or misappropriates any third party intellectual property or proprietary right or violates any applicable law, or (ii) in the case of JYH Technologies as Indemnitor, the Service infringes, violates, or misappropriates any third party intellectual property or proprietary right. Each Indemnitor's indemnification obligations hereunder shall be conditioned upon the Indemnitee providing the Indemnitor with: (i) prompt written notice of any claim (provided that a failure to provide such notice shall only relieve the Indemnitor of its indemnity obligations if the Indemnitor is materially prejudiced by such failure); (ii) the option to assume sole control over the defense and settlement of any claim (provided that the Indemnitee may participate in such defense and settlement at its own expense); and (iii) reasonable information and assistance in connection with such defense and settlement (at the Indemnitor's expense). The foregoing obligations of JYH Technologies do not apply with respect to the Service or any information, technology, materials or data (or any portions or components of the foregoing) to the extent (i) not created or provided by JYH Technologies (including without limitation any Customer Data), (ii) made in whole or in part in accordance to Customer specifications, (iii) modified after delivery by JYH Technologies, (iv) combined with other products, processes or materials not provided by JYH Technologies (where the alleged Losses arise from or relate to such combination), (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) Customer's use of the Service is not strictly in accordance herewith.

15. Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 15, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

16. Limitation of Liability

EXCEPT FOR THE PARTIES' INDEMNIFICATION OBLIGATIONS AND FOR CUSTOMER'S BREACH OF SECTION 7 (RESTRICTIONS), IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID (OR PAYABLE) BY CUSTOMER TO JYH TECHNOLOGIES HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM HEREUNDER.

17. Miscellaneous

This Agreement represents the entire agreement between Customer and JYH Technologies with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Customer and JYH Technologies with respect thereto. This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in New South Wales in English. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator(s), provided that a permanent injunction and damages shall only be awarded by the arbitrator(s). In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Notices must be sent to the contacts for each party set forth on the Order Form. Either party may update its address set forth above by giving notice in accordance with this section. Except as otherwise provided herein, no modification or amendment of any provision of this Agreement shall be effective unless agreed by both parties in writing, and no waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party's reasonable control, including, without limitation, the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; pandemics; epidemics; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts. Neither party may assign any of its rights or obligations hereunder without the other party's consent; provided that (i) either party may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of such party's business relating to this Agreement, and (ii) JYH Technologies may utilize subcontractors in the performance of its obligations hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Customer agrees to allow JYH Technologies to use and display Customer's name and logo on JYH Technologies's website and in JYH Technologies's promotional materials to identify Customer as a customer. If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The failure of either party to act with respect to a breach of this Agreement by the other party shall not constitute a waiver and shall not limit such party's rights with respect to such breach or any subsequent breaches. Customer and JYH Technologies agree there are no third-party beneficiaries intended under this Agreement.