Terms of Service

These Terms of Service (“Terms”) govern your use of the Nudgey platform (“Service”), operated by B-ACTIVO PTY LTD (ACN 632 006 805, ABN 26 632 006 805), trading as Nudgey.au (“we”, “us”, “our”). By creating an account or using the Service you agree to be bound by these Terms.

If you do not agree to these Terms, do not use Nudgey.

1. The Service

Nudgey is a software-as-a-service platform for Australian trade businesses. It lets you store customer contact details and job quotes, and automatically send follow-up emails and SMS messages on your behalf to help you win more work.

2. Your Obligations

2.1 You must have consent

• You have a pre-existing business relationship with that customer (e.g. they contacted you for a quote), or
• You have obtained the customer’s express consent to receive commercial electronic messages from your business

You are solely responsible for ensuring that all messages sent through Nudgey comply with the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any other applicable Australian law.

2.2 Honouring opt-outs

Nudgey automatically processes opt-outs when a customer replies STOP to an SMS or clicks unsubscribe in an email. You must not re-add, re-import, or send further messages to any customer who has opted out, whether through Nudgey or any other channel.

2.3 Acceptable use

You must not use Nudgey to:

• Send unsolicited commercial messages (spam)
• Harass, threaten, mislead, or impersonate any person
• Violate any applicable law, regulation, or third-party rights
• Collect or misuse contact information beyond the intended purpose
• Attempt to reverse-engineer, scrape, or disrupt the Service

3. Accounts

You are responsible for maintaining the security and confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at nudgeyau@gmail.com if you suspect any unauthorised access.

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or any business you represent.

4. Subscription and Billing

Nudgey will offer a paid subscription processed via Stripe once billing is enabled. Until then, the Service may be available free of charge during an early-access period.

When billing is introduced:

• We will give you at least 14 days’ notice before any free trial ends or pricing changes take effect
• All prices are in Australian dollars (AUD) and include GST where applicable
• Subscriptions renew automatically unless cancelled before the renewal date
• Refunds are handled in accordance with Australian Consumer Law

5. Your Data

You retain ownership of all customer data you enter into Nudgey. We act as a data processor on your behalf and handle that data in accordance with our Privacy Policy.

By using Nudgey you warrant that:

• You have the right to provide us with your customers’ contact information
• Doing so does not breach any agreement, law, or obligation you owe to those individuals
• The information you provide is accurate to the best of your knowledge

6. Availability and Support

We aim for high availability but do not guarantee uninterrupted or error-free service. We will endeavour to notify you of planned maintenance in advance. We are not liable for any loss arising from downtime, outages, or delays in message delivery.

Support is provided via email at nudgeyau@gmail.com on a reasonable-efforts basis.

7. Intellectual Property

Nudgey and all associated software, branding, and content remain our property. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your legitimate business purposes during your subscription term. Nothing in these Terms transfers ownership of any intellectual property to you.

8. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total liability to you for any claim arising out of or related to these Terms or the Service is limited to the amount you have paid us in the three months preceding the claim, or $100 AUD, whichever is greater
• We are not liable for any indirect, special, incidental, consequential, or loss-of-profit damages, even if we have been advised of the possibility of such damages
• We are not liable for fines, penalties, or legal costs you incur as a result of sending messages without proper consent or in breach of the Spam Act 2003

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

9. Termination

You may cancel your subscription at any time through your billing settings — no need to contact us. Cancellation takes effect at the end of the current billing period; you retain full access until then. You may also close your account entirely at any time through your account settings.

We may suspend or terminate your account immediately if you breach these Terms, particularly the consent obligations in clause 2.

On cancellation or termination, your data is retained for 30 days to allow for recovery requests, then permanently deleted in accordance with our Privacy Policy.

10. Changes to These Terms

We may update these Terms from time to time. We will give at least 14 days’ notice of material changes via email or in-app notice. Continued use of Nudgey after the notice period constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by the laws of Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Queensland for any dispute arising out of these Terms or the Service.

12. Contact Us

For all enquiries: nudgeyau@gmail.com
B-ACTIVO PTY LTD (trading as Nudgey.au) · ACN 632 006 805 · ABN 26 632 006 805