Terms of service

1. Who we are and who these terms are for

These terms are a contract between you and HeadsUp RSVP Pty Ltd (we, us, HeadsUp), the Australian company that runs the HeadsUp service at headsup.rsvp, the HeadsUp apps, and the invite pages we serve for hosts, including on a host’s own domain.

They apply to every host, meaning anyone who holds a HeadsUp account. You accept them when you create an account, and again each time you use the service after we’ve changed them (section 17). If you’re using HeadsUp for a business or another organisation, you’re telling us you’re allowed to agree to these terms for it, and “you” includes it.

Guests don’t hold an account and don’t accept these terms. Section 2 is the short part written for them. Our privacy policy at headsup.rsvp/legal/privacy explains what we do with everyone’s personal information, hosts and guests alike. It isn’t part of these terms, but we’re bound by it and by the Privacy Act 1988 (Cth).

Words we use. A host holds an account. A guest is somebody a host invites. A co-host is a host who helps run somebody else’s event. An event and an invite are the same thing: one event page with its guest list. A pass is a plan you pay for once, for 30 days. A renewal is a plan charged every 30 days until you cancel. A period is the 30 days you’ve paid for. A cycle is the 30 days an included allowance of texts or AI generations runs for. A text is one SMS segment (section 8). A pack is texts you buy outright. A wrapped event is one you’ve marked as over.

2. Guests

If you’ve received a HeadsUp invite, the person who invited you (the host) chose to use HeadsUp to reach you. We send their messages and serve their invite page. The host, not HeadsUp, decides what the page says and who’s on the list.

A few things worth knowing:

• Your invite link is personal to you. Anyone with it can see the invite and answer as you, so keep it to yourself.
• Some invites keep private details, such as an address or payment details, behind a verification code sent to the phone number or email the host holds for you. Entering the code proves you can read messages at that contact. It also marks the device you used as verified for that invite. Clearing your browser storage means verifying again.
• Texts we send about an event carry a link to the invite page, and the page has a switch to stop further texts about that event. Stopping is always available and never refused. Texts about an event come from a sender name, not a phone number, so replying STOP won’t reach anyone. Use the switch on the page. A verification code you ask for yourself still sends after you’ve stopped texts, because you asked for it.
• Emails we send about an event carry an unsubscribe link, and the invite page has a switch to stop further emails about that event. An unsubscribe applies to the event the email came from. To stop every email from a host, ask the host to add you to their do-not-contact list, or email us at support. Stopping is always available and never refused, and the link in an email keeps working for at least 30 days after it was sent. A verification code you ask for yourself still sends after you’ve stopped emails, because you asked for it.
• What you enter on an invite page (your RSVP, dietary needs, poll votes, dishes, sign-ups, questions, a plus one) is shared with the host. Some of it is shown to other guests too. The page tells you which, and you can hide your name from other guests. A dietary answer is optional. Give only what you’re comfortable with the host knowing.
• If you think a host is misusing HeadsUp, or you want to know what a host holds about you or have it erased, email us at support@headsup.rsvp. The privacy policy explains what we can do and how.

3. Your account

From here on, “you” means the host, the person who holds the account.

Signing up. You can create an account yourself at headsup.rsvp, or with an invitation link from us or from a host. An invitation link is single-use and lasts two weeks. It’s for the person it was sent to, so don’t pass it on.

One person per account. Your account is yours alone. You can’t share your sign-in with anyone else. If other people need to work on an event with you, invite them as co-hosts (section 6). You’re responsible for everything done through your account, whether or not you did it yourself, unless it happened because of a security failure on our side.

Keep it safe. Keep your password to yourself and tell us straight away at support@headsup.rsvp if you think somebody else has got into your account. We can disable sign-in on an account we think is compromised.

Age. You must be 18 or older to hold an account.

Accurate details. Give us a real email address that you control. We use it to reach you about your account, your events and these terms.

4. What HeadsUp does

HeadsUp lets you build a themed event page (an invite), add guests to it, and send each guest their own tracked link by text message, by email, or by copying the link and sending it yourself. Guests open the link to see the invite, RSVP, and use whatever else you’ve put on the page: updates, polls, a potluck list, sign-up slots, chip-in details, a question box, plus ones, and details you’ve chosen to keep behind a verification gate.

We also offer, depending on your plan, co-hosts, scheduled sends, a custom link preview, a public open-invite link with a join code, AI-generated designs and drafts, a directory of the people you’ve invited before, a do-not-contact list, imports from your own CRM, a QR door pass with check-in, guest exports, a post-event report, removal of the “Powered by HeadsUp” attribution, sending under your own brand name by email and, once registered, by text, and serving your invite pages on your own domain.

HeadsUp changes. We add features, change them and sometimes retire them. Section 11 says what that means for something you’ve paid for.

Texting is for Australian mobile numbers at launch. Guests with an overseas number can be reached by email or by a link you copy and send yourself.

If you use a HeadsUp app from the App Store or Google Play, that store’s terms apply to the app as well. Plans and packs aren’t sold in the apps.

5. Your guests and your messages

This is the most important section. When you send an invite, we deliver a message from you to a person you chose. You authorise every message we send for you. The Spam Act 2003 (Cth) treats you as the person who authorised it, and us as the one who sent it, so both of us have to get this right, and these terms set out your side of it.

Consent. You promise us that every person you add to HeadsUp has agreed to hear from you about your event, or that you otherwise have a lawful basis under the Spam Act to send them a commercial electronic message, and that you’ll be able to show it if asked. When you add people in bulk (paste, a spreadsheet, your phone’s contacts, or a CRM import), we ask you to confirm this before the import goes through, and we record the date you confirmed it beside each person. For a person who joins through your public link, or is added as a plus one by another guest, the record says how they arrived, and you’re responsible for how you use those details from then on.

No bought or scraped lists. You must not add people whose details you bought, rented, scraped, or otherwise got from somewhere other than the person themselves or a source with their permission.

Say who you are. Your messages must make clear who they’re from. The invite page a message links to must name you, or the organisation you’re sending for, and give a way to contact you, and both must stay accurate for at least 30 days after each send.

Opt-outs and the do-not-contact list. Every invite and update we send carries a link to the invite page, every email we send carries an unsubscribe link, and every invite page carries a switch for texts and one for emails that stops that channel for that event. When a guest uses one, we stop sending them that way about that event. When an email bounces, or the recipient’s provider reports it as spam, or a text comes back as failed, we stop sending to that contact on that event until you correct it. These are per event, so someone who stopped texts or emails on one event can still be reached on the next. Your account also has a do-not-contact list, which closes that gap: a number or email on it isn’t messaged from your account on any event, on any plan, for as long as the entry stands. We honour every one of these automatically. If a guest asks you to stop emailing them, take them off the list or add them to your do-not-contact list, promptly. You must not work around any of this: not by re-adding a number, deleting and re-creating a person, opening another account, or messaging the person outside HeadsUp because they stopped inside it. A guest asking for a verification code is the one message that goes through regardless, because they asked for it themselves.

Accurate contact details. The verification gate proves that the person holding a link can read messages at the phone number or email you gave us for them. It can’t tell you whether you typed the right number. Check your guests’ details, because a wrong number means the wrong person can verify and see whatever you’ve placed behind the gate. Changing a guest’s phone or email cancels their verification and they’ll verify again against the new one.

Guest data is for the event. Details guests give you through HeadsUp (their RSVP, dietary needs, verified contact, answers, questions) are given to you for running that event. Use them for that. Don’t sell them, add them to an unrelated list, or share them beyond what the event needs. Don’t use the RSVP, polls or the question box to collect health, religious, sexual, criminal, political, union or biometric information beyond a dietary need a guest chooses to tell you, and never make a sensitive answer compulsory. Your own obligations under the Privacy Act 1988 (Cth) apply to you if you’re an organisation it covers, and either way you must handle what guests tell you with care.

Lawful content. Everything on your invite pages, in your messages and in your updates is yours, and you’re responsible for it. It must be lawful, must not infringe anyone’s rights, and must not be misleading. See section 14 for what’s not allowed.

No harassment. Don’t use HeadsUp to contact people who’ve made it clear they don’t want to hear from you, and don’t use it to threaten, intimidate, embarrass or harass anyone.

Takedown. We can remove or disable an invite page, an image, an update or a message, and refuse to send anything, if we reasonably believe it breaks these terms or the law, or puts our ability to deliver messages for everyone at risk. Where we can, we’ll tell you what we’ve done and why.

If your list costs us. If we, our carriers or our suppliers suffer a loss, a penalty or a claim because you messaged people without consent, used a list you weren’t entitled to, or otherwise broke this section, you agree to cover that loss, including reasonable legal costs, to the extent it was caused by your breach, and reduced to the extent we, our carriers or our suppliers caused or contributed to it.

6. Co-hosts

You can invite other people to help run an event as co-hosts. Every paid plan includes a number of co-host spots per event (section 7). A co-host needs their own HeadsUp account and accepts these terms in their own right.

A co-host is a member of one event, not of your account. They can see and work on that event, its guests, its responses and its private details, the same as you. They can’t see your other events, your account, your directory, your do-not-contact list, your plan or your billing. Only you can put an event in the bin, restore it, delete it for good, change its title, manage co-hosts, or change your notification settings.

What a co-host spends is yours. Every text and every AI generation a co-host uses on your event comes off your balance and your allowance, and we record who did it. A co-host can’t buy anything on your account. You’re responsible for what your co-hosts do on your events under these terms, including their messages to your guests, and you choose them with that in mind.

A co-host keeps their access when your plan ends. What ends, once the grace period in section 10 has passed, is your ability to add more.

7. Plans, passes and renewals

The plans. Every plan sets how many invites you can have live at once (drafts and sent invites count, wrapped and binned ones don’t), how many guests each invite can hold, how many texts and AI generations are included every 30 days, and how many co-host spots each event gets. Prices are in Australian dollars, per 30 days.

Plan	Price per 30 days	Invites live at once	Guests per invite	Texts included every 30 days	AI generations every 30 days	Co-host spots per event
Free	$0	3	150	0	0	0
Plus	$12.99	10	300	25	20	1
Pro	$29.99	30	750	75	50	3
Business	$149.99	100	2,000	250	150	10
Business Pro	$299.99	300	5,000	600	300	25
Business Max	$499.99	1,000	10,000	1,200	500	50

Plus and above include scheduled sends and a custom link preview. The three Business plans also include removal of the “Powered by HeadsUp” attribution, a richer guest export, the post-event report, QR check-in, management of your do-not-contact list, CRM imports, sending under your own brand name (section 13), and a custom domain. Email invites and email verification codes are free on every plan. Text packs (section 8) are available on every plan, the Free plan included.

Larger needs are handled case by case. Email support@headsup.rsvp.

What’s on sale. We decide which plans and packs are on sale, and we can stop selling one. Stopping a sale never takes away something you’ve already bought. Anything on your account that you didn’t pay for was granted by us, and we can set its length and its contents when we grant it. Nothing in this section entitles you to buy something we haven’t put on sale.

Two ways to pay, one price. Each paid plan is sold two ways at the same price:

• A 30-day pass. You pay once. It runs for 30 days and then ends on its own. Nothing renews. If you buy the same plan again while a pass is live, the new pass adds 30 days to the end of the current one and its included texts are added to what you have.
• Renewing every 30 days. The same price, charged to your card every 30 days until you cancel. Plans bill every 30 days, not by the calendar month, so the day you’re charged on moves a little earlier each time. Your account shows the date your plan runs to.

What’s included resets. The texts and AI generations included with a plan are for that 30-day cycle. A fresh cycle replaces whatever was left, nothing rolls over, and the last cycle stops when the plan does. A renewal that hasn’t been paid doesn’t start a new cycle. When you send texts, included texts are spent before texts you’ve bought (section 8 covers what happens to included texts booked into a scheduled send).

Renewing while a pass is live. If you switch a live pass to renewing on the same plan with more than 26 hours of the pass left, the first renewal charge is timed for 24 hours before the pass ends, so you’re not charged twice for the same days. With 26 hours or less left, renewing starts straight away and those last hours don’t carry over. A renewal can’t be timed more than just under 30 days ahead.

Cancelling a renewal. You can turn renewal off any time from your account. Your plan keeps running until the end of the period you’ve paid for and then ends. Cancelling doesn’t refund the current period. There’s no way to move down to a cheaper plan while a renewal is live: turn renewal off, let the period run out, and buy the plan you want. You also can’t buy a different plan while a renewal is live, whether or not you’ve cancelled it.

If a charge fails. If a renewal charge doesn’t go through, we’ll email you and try the card again over the next two weeks. Your plan keeps running for the days you’ve already paid for. If the charge still fails, the renewal is cancelled and your plan ends when the paid days run out, followed by the grace period in section 10.

Moving up to a bigger plan while renewing. If you’re renewing, your period has been paid for, you’re not in the middle of cancelling, and there’s at least an hour left in it, you can move up to a higher plan without changing your renewal date. You pay only the difference for the time left in the period, worked out by our payment provider, and from the next renewal you pay the new plan’s price. Your included texts and AI generations top up in the same proportion for the days left. A quote is good for fifteen minutes. If the card is declined nothing changes. If we can’t confirm whether the charge went through, we’ll tell you that rather than assume, and we’ll sort it out.

Moving up from a pass. If you’re on a pass and move up to a higher plan:

• The new plan starts a fresh 30 days from that day at its full price. The old pass’s days don’t carry over.
• We refund the unused whole days of the pass you’re leaving to the card that paid for it: the pass price divided by 30, multiplied by the whole days left, rounded down to the cent. The day you move on isn’t counted as unused.
• If you’ve stacked more than one pass, only the most recent one is refunded, up to its 30 days.
• The new plan’s included texts replace what was left of the old pass’s included texts, spent or not, because the old pass’s money is coming back to you. Texts you’ve bought are untouched. Your AI allowance starts a fresh cycle.
• A renewal that was waiting to start when the pass ended moves to the new plan and first charges the day before the new plan ends. A renewal you’d turned off stays off.
• Refunds go to the original card and can take several days to appear on your statement.
• There’s no refund for a pass we granted you free, a pass that has already been refunded, or a pass that has already ended or been reversed.

Receipts. Payments are taken by our payment provider, Stripe, which sends your receipts and invoices by email. We never see or store your card number.

8. Texts and text packs

What a text is. A text is one SMS segment. A message of up to 160 characters using standard characters is one text. Longer messages count as more than one. A message containing emoji or characters outside the standard SMS set is counted in segments of 70 characters for the first and 67 for each after. The app shows you the count before you send.

Everything spends the same balance. Every text sent from your account comes off one balance: invites and updates, verification codes sent by text, texts a guest gets when they join or add a plus one, and any notifications you’ve chosen to receive by text. Your co-hosts spend it too (section 6). Email costs nothing.

Two kinds of texts. Texts that come with a plan last for the 30-day cycle they came with and are spent first. Texts you buy in a pack are yours until you use them. Texts you buy never expire while your account is open, and no plan ending, cycle rolling or reversal of a plan touches them. Section 15 says what happens to them if your account ends.

Packs.

Pack	Price
50 texts	$8
200 texts	$25
500 texts	$50

Packs are consumable credit for sending texts through HeadsUp. They’re not money, can’t be transferred to another account or cashed out, and can’t be used for anything but texts.

When you’re short. A send you start is priced before you confirm it and refused whole if you don’t have enough texts, so we never send half a list. A verification code a guest asks for is different: a code sent by text can take your balance up to 20 texts below zero so a guest isn’t turned away the moment you run dry. Past that, the guest is asked to take the code by email instead, which is always free. We absorb the texts below zero: we never collect them, never deduct them from your next pack, and never treat them as a debt. Join codes on a public link don’t overdraw.

Scheduled sends. A scheduled send reserves its texts when you book it. If you cancel it, the texts go back on the terms they came with: bought texts come back whole, and included texts come back only while the cycle they came from is still running.

Failed sends refund themselves. If a text doesn’t go through, or a carrier receipt later tells us it failed, the texts it used are returned to your balance automatically.

9. AI generations

Paid plans include a number of AI generations every 30 days. One generation is one attempt at a theme design or an invite draft. They reset each cycle, don’t accumulate, and can’t be bought separately today. When your allowance is at zero, the feature waits for the next cycle. We also cap generations per hour per account to keep the service fair. AI features depend on a third-party model provider and we may pause them at any time, in which case the app says so.

A generation that fails is returned to your allowance. Your prompt, your event’s name, an optional reference photo and your current theme are sent to the model provider to produce the result. Never your guests’ details. The privacy policy has the specifics.

Whatever rights we have in what a generation produces for your event, we assign to you, and you can use it as part of that event as you like. We don’t promise that copyright exists in it, that it’s unique (a similar prompt can produce a similar design for somebody else), or that it’s accurate, so check a draft before you send it. You’re responsible for what you put in and for what you publish.

10. When a plan ends

Nothing you’ve built goes away. When a paid plan ends, for whatever reason, everything you’ve already made and sent keeps working. Invite pages stay up, links keep resolving, RSVPs keep landing, verification gates keep working, updates keep showing, questions and plus ones keep arriving, and texts you’ve bought still send. We don’t delete anything because a plan ended. If you’ve built a wedding on one pass, it keeps working right through the day. Sections 5 and 15 (takedown, suspension and closing an account) are the only reasons something you’ve built comes down.

A fortnight’s grace. For 14 days after a plan ends, events you made on it keep that plan’s limits. After that, growing an event reads your current plan: adding guests over the cap, sending to more guests than your current plan allows, adding co-hosts, new scheduled sends and editing a link preview all need a plan that allows them, and the Business features close. The “Powered by HeadsUp” line comes back, a live custom domain is turned off (section 13), and QR check-in, the richer export, the report, CRM imports and custom domain requests need a Business plan again. An event bigger than your current plan allows keeps what it already has. It just can’t grow until you take a plan again.

The grace is for a plan that has ended, not for a plan you’ve replaced: if you take a lower plan, your events read that plan’s limits straight away. If you take a higher plan, every existing event lifts to it.

What never lapses. Honouring a do-not-contact entry, a guest’s stop switch, and your ability to disconnect a CRM never depend on a plan.

11. Prices, GST and changes

Prices. All prices in these terms and in the app are in Australian dollars. HeadsUp RSVP Pty Ltd isn’t registered for GST yet, so no GST is charged or included. If we register for GST, prices will include it, and we’ll give you the notice in the next paragraph before a renewal is charged at a new price.

A price change never reprices what you’ve bought. A pass or pack you’ve paid for is yours on the terms and at the price you paid. If we change the price of a plan you’re renewing, we’ll email you at least 30 days before the new price is charged, and you can turn renewal off before then and keep the days you’ve paid for.

Plans can change. We can change what a plan includes, add plans and retire plans. A change to what’s included doesn’t touch a period you’ve already paid for, and doesn’t take back texts you’ve bought. If we retire a plan you’re renewing, we’ll email you before the change with what happens next, and at minimum you’ll keep the period you’ve paid for.

12. Refunds, chargebacks and your consumer rights

Your rights come first. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If we fail to meet one of them, you’re entitled to the remedies that law gives you, which can include having the problem fixed, cancelling and being refunded for the unused part of what you paid for, and compensation for reasonably foreseeable loss. Nothing in these terms limits those rights. We don’t give any warranty against defects beyond those guarantees.

What refunds itself. Failed texts and failed AI generations refund to your balance automatically (sections 8 and 9). When you move up from a pass, the unused whole days of the old pass refund to your card automatically (section 7). Those, and a held payment (below), are the only automatic refunds.

Everything else. Beyond your consumer-law rights and what these terms promise, refunds are at our discretion. If something’s gone wrong, email support@headsup.rsvp and tell us what happened. We read every request and we’re reasonable about it. Cancelling a renewal isn’t a refund of the current period, and a pack you’ve bought isn’t refundable just because you didn’t use it. A refund we agree to goes to the original card and can take several days to appear.

What a refund does in the app. A full refund of a pack takes back the texts from it that you haven’t used. Texts you’d already spent stay spent and we don’t chase them, and texts already booked into a scheduled send stay booked. A full refund of a plan reverses it: the period it paid for comes off, its included texts go with it, and if that leaves nothing, your account returns to the Free plan straight away. A refund isn’t a plan ending, so the grace period in section 10 doesn’t apply. A refund of a renewal also cancels the renewal. A partial refund doesn’t change anything in the app. A refund of a move up between plans, or of the period it happened in, is worked out by us by hand rather than reversed automatically.

Held payments. A checkout page stays payable for a couple of hours. If you pay one after your plan has already changed in a way that makes it wrong (for example, a Plus checkout paid after you’ve moved to Pro), we hold that payment rather than apply it, and we’ll refund it to your card. Packs are never held.

Chargebacks. If you dispute a charge with your bank rather than talking to us, and the bank takes the money back, we treat it as a refund of that purchase: a disputed pack takes back its unused texts, and a disputed plan is reversed and its renewal cancelled. A disputed move up between plans cancels the renewal and reverses nothing else automatically. If the dispute is later decided in our favour, the texts we took back from a pack are returned. A plan reversed by a dispute isn’t restored automatically. Email us and we’ll put it right if something’s still owed. Please talk to us first. It’s faster.

13. Content and intellectual property

Yours stays yours. You own the text, photos, logos and other content you put into HeadsUp, and what you make with it. You let us host, copy, resize, show and send that content, anywhere and without paying you for it, so we can run the service for you: serve your invite pages to your guests, generate previews, deliver your messages and keep backups. To the extent the law allows, you consent to us resizing, cropping and reformatting your content without attribution for those purposes, and you’ve obtained the same consent from anyone else whose work you upload. This lasts for as long as the content is on HeadsUp, and afterwards only as far as our backups and the privacy policy’s retention rules keep a copy. We don’t use your content for anything else and we don’t sell it.

Your guests’ content. What your guests enter on your invite pages is theirs. Guests don’t accept these terms, so we don’t ask them for a licence. We handle what they enter under the privacy policy, and you use it for running the event and nothing else (section 5). Don’t hide or remove anything we put on the page telling guests what happens to what they enter.

Ours stays ours. HeadsUp, its software, its themes, its designs, its name and its balloon are ours or our licensors’. These terms let you use the service yourself. You can’t hand that on to anyone else, copy the software, resell the service, or use our name or the balloon except to say your invite is powered by HeadsUp.

The attribution. Invites on the Free, Plus and Pro plans carry a “Powered by HeadsUp” line. Removing it is a feature of the Business plans, and it returns once a Business plan has ended and its grace period has passed, or as soon as you take a plan that isn’t a Business plan. Apart from that feature, you must not hide, cover or remove it, and you must not remove the guest’s stop switches beside it.

Your own sender name. On a Business plan you can send email under your own name, and you can ask to send texts under your own sender name. We lodge the text sender registration with the carrier and the regulator using the business details you give us, so they must be accurate and yours, and you authorise us to pass them on for that purpose. You must be entitled to use the name you ask for. We can decline or withdraw a sender name that’s misused. Texts under your name are still one-way, so your guests still stop texts on the page.

Custom domains. On a Business plan you can ask us to serve your invite pages on a subdomain you own. The domain stays yours. You set up the DNS record we give you and keep it pointing at us, and you’re responsible for your domain, its registration and its records. We set up domains at our discretion and can decline one, or turn one off if it’s misused. Your guest links use your domain while it’s live. If your DNS stops pointing at us, your pages keep serving and your guest links go back to headsup.rsvp until it points again. If your Business plan ends and its grace period passes, we turn the domain off: your pages keep working at headsup.rsvp and every link goes back there, but the domain itself stops answering. Setting it up again later needs a fresh request and a fresh DNS record from you.

Feedback. If you send us ideas about HeadsUp, we can use them without owing you anything.

14. Acceptable use

Don’t use HeadsUp to:

• send messages to people who haven’t agreed to hear from you, or use a bought, rented or scraped list (section 5),
• work around a stop switch, a bounce, a spam complaint or a do-not-contact entry,
• send anything unlawful, deceptive, defamatory, obscene, or that infringes someone else’s rights,
• harass, threaten, stalk or intimidate anyone, or expose someone’s private details without their consent,
• pretend to be somebody else or to be sending on behalf of an organisation you don’t represent,
• run scams, phishing, or anything designed to collect people’s details or money under false pretences,
• send anything to a person under 18 that’s unsuitable for them,
• probe, overload or interfere with the service, get around a limit or a rate cap, or access an account, an event or a guest’s data that isn’t yours,
• scrape or bulk-collect content or guest details from invite pages,
• resell the service or run it for other people as if it were yours, without our written agreement.

15. Suspension, ending your account, and what survives

What we can do. If we reasonably believe you’ve broken these terms, or that your use is putting our carriers, our suppliers or other hosts at risk, we can refuse to send messages, take content down (section 5), suspend your account, or close it. We’ll tell you what we’ve done and why unless the law stops us or telling you would make things worse. For a first, minor problem we’ll normally warn you first. If we close your account for a serious breach of section 5 or section 14, you don’t get a refund of anything you’ve paid, beyond what the law requires. Otherwise we refund the unused texts from packs you’ve bought.

Closing your own account. Export what you want to keep first, or ask us for a copy of your account’s data and we’ll provide it within 30 days. Then email support@headsup.rsvp from your account’s email address and we’ll disable sign-in straight away and close the account. We handle what’s left the way the privacy policy says, and we keep the record of your purchases, as we’re required to. If you have a live renewal, cancel it first or ask us to. Use your bought texts before you close, or ask us to refund the unused ones to the card that paid for them. Time left on a plan isn’t refunded when you close, unless you’re closing because you don’t accept a change to these terms (section 17) or the law says otherwise.

Binning an event. An event’s links stop working the moment you put it in the bin, and come back if you restore it. You can restore it for 30 days. After that it’s deleted for good, with everything guests entered on it.

What survives. Some parts keep applying after your account ends: your responsibility for what was done through your account (section 3), your promises about consent and covering our losses (section 5), the nature of packs (section 8), what you’ve been assigned (section 9), what never lapses (section 10), refunds (section 12), content (section 13), our liability (section 16), and sections 18 and 19. A do-not-contact entry outlives the person it names, deliberately, so deleting somebody is never a way to start messaging them again.

16. Availability and our liability

Availability. Subject to your rights under the Australian Consumer Law, we aim to keep HeadsUp up all the time and we don’t promise it. We’ll sometimes need to take it down for maintenance, and things outside our control (carriers, hosting, payment providers, your guests’ phone networks) sometimes fail. We don’t promise that every text or email will be delivered, or delivered by a particular time. Where a text fails, the texts it used come back to you (section 8). If you’re counting on a send landing by a certain moment, send early.

What we’re responsible for. Section 12 says your consumer-law rights come first, and they do here too. Where the law lets us do so (which is only where the services are not of a kind ordinarily acquired for personal, domestic or household use, and only where it is fair and reasonable), our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the service again or paying the cost of having it supplied again.

What we’re not responsible for. To the extent the law allows, we’re not liable for any loss that isn’t a reasonably foreseeable result of our breach, for loss of profit, business or goodwill, or for any loss that flows from your guests’ details being wrong, from your content, from your messages, or from anyone you’ve given access to your account or your events. To the extent the law allows, our total liability to you under these terms for anything other than a consumer guarantee is limited to the amount you’ve paid us in the 12 months before the event giving rise to the claim, or $100 if you’ve paid us nothing. Nothing in this section limits our liability for fraud, wilful misconduct, death or personal injury caused by our negligence, or a breach of the Privacy Act by us.

These limits apply to us, and to our directors, employees and contractors.

17. Changes to these terms

We’ll change these terms from time to time, for example when we add a feature or the law changes. When we do, we’ll email the address on your account before the change takes effect, with at least 14 days’ notice for a change that makes things worse for you, and we’ll update the date at the bottom of this page. If you keep using HeadsUp after the change takes effect, you accept the new terms. If you don’t accept them, close your account before then and section 15 applies. If you close your account because you don’t accept a change, we’ll refund the unused texts from packs you’ve bought and the unused whole days of any plan you’ve paid for, pro rata, to the original card. A change won’t reduce what you’ve already paid for.

18. General

These terms are the whole agreement between you and us about HeadsUp. If part of them can’t be enforced, the rest still applies. If we don’t enforce something straight away, we haven’t given it up. You can’t transfer your account or these terms to anyone else. We can transfer these terms to a company that takes over the service, provided it agrees to be bound by them and your rights under them, including anything you’ve paid for, are not reduced. We’ll email you at least 14 days before it happens.

Notices from us go to the email address on your account and count as received the next business day after we send them. Notices from you go to support@headsup.rsvp and count as received when we acknowledge them or two business days after you send them, whichever is first.

19. Governing law

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria. Nothing here stops you bringing a claim in the courts or tribunals of the state or territory where you live.

20. Contact

Questions about these terms, refunds, your account or anything else: support@headsup.rsvp. We answer by email. Our company details are on the ASIC register under our ACN.