SourCherry CRM
    Terms of Service

    Last updated: 8 June 2026

    BusinessShammasi Pty Ltd trading as SourCherry / SourCherry CRM
    ABN92 653 318 202
    Address5/531 Hay St, Subiaco WA 6008, Australia
    Phone+61 485 004 444

    1. Agreement

    1.1 These Terms of Service (Terms) govern your access to and use of SourCherry CRM, including our CRM tools, websites, funnels, forms, calendars, pipelines, automations, communication tools, AI tools, templates, training resources, support services, account setup services, and any related services we provide (together, the Platform).

    1.2 The Platform is operated by Shammasi Pty Ltd (ABN 92 653 318 202) trading as SourCherry / SourCherry CRM (SourCherry, we, us, our).

    1.3 By creating an account, accepting an order form, paying an invoice, subscribing to a plan, clicking an acceptance box, accessing the Platform, or using any part of the Platform, you agree to be bound by these Terms and our Privacy Policy.

    1.4 If you use the Platform on behalf of a company, business, trust, partnership, organisation, or other entity, you represent that you have authority to bind that entity. In that case, you and your refer to both you personally and that entity.

    1.5 If you do not agree to these Terms, you must not create an account, access the Platform, or use the services.

    2. Definitions

    2.1 Account means the SourCherry CRM account, workspace, login, subscription, or access profile created for you or your business.

    2.2 AI Features means any artificial intelligence, automation, chatbot, voice agent, content generation, recommendation, workflow assistance, or machine-learning feature available through the Platform.

    2.3 Business Day means a day other than a Saturday, Sunday, or public holiday in Western Australia.

    2.4 Customer Data means information, data, records, files, content, contacts, messages, leads, customer lists, communications, media, prompts, outputs, and other material that you or your authorised users submit, upload, enter, import, generate, or transmit through the Platform.

    2.5 End User means any person or organisation that interacts with you through the Platform, including your leads, customers, clients, website visitors, contacts, members, subscribers, staff, contractors, or representatives.

    2.6 Fees means all subscription fees, setup fees, usage fees, communication charges, third-party charges, AI usage charges, add-on charges, GST where applicable, and any other amounts payable for the Platform or services.

    2.7 Platform means SourCherry CRM and related services described in clause 1.1.

    2.8 Plan means the subscription tier, annual plan, monthly plan, challenge plan, coaching plan, promotional offer, or package that you purchase from us.

    2.9 User Content means content you create, upload, publish, send, store, import, or display through the Platform.

    3. Eligibility and business use

    3.1 You must be at least 18 years old to use the Platform.

    3.2 The Platform is intended for business use, professional use, or use in connection with a trade, service, coaching, consulting, education, marketing, appointment-based, or expert-led business.

    3.3 You must provide accurate, complete, and current account, billing, and contact information. You must keep this information updated.

    3.4 You must not access the Platform to copy our features, compete with us, reverse engineer our systems, benchmark the Platform for a competing product, or assist another person to do so.

    4. Account ownership and authorised users

    4.1 The person or entity named in the account, order form, invoice, or billing profile is treated as the account owner unless we determine otherwise based on available evidence.

    4.2 If there is a dispute about account ownership, we may request documentation such as business registration records, director details, ABN records, payment records, court orders, written agreements, or identification information.

    4.3 We are not required to resolve internal disputes between business partners, employees, contractors, directors, shareholders, spouses, or other parties. We may suspend access to an account while an ownership dispute is unresolved.

    4.4 You are responsible for all activity under your account, including activity by your employees, contractors, team members, agents, and anyone else you invite or allow to access the Platform.

    4.5 You must ensure all authorised users comply with these Terms.

    5. Account security

    5.1 You are responsible for keeping login details, passwords, API keys, connected accounts, and authentication methods secure.

    5.2 You must use reasonable security measures, including strong passwords and two-factor authentication where available.

    5.3 You must notify us promptly if you become aware of unauthorised access, compromised login details, suspicious account activity, or a security incident affecting your account.

    5.4 We may temporarily suspend access, disable credentials, require password resets, or take other protective steps if we reasonably believe your account is compromised or poses a security risk.

    6. What SourCherry provides

    6.1 SourCherry provides access to software tools and related support that may include CRM, contact management, pipelines, forms, calendars, websites, funnels, landing pages, automations, email, SMS, voice, chat, social, reporting, AI tools, templates, training resources, support, and related features.

    6.2 The specific features available to you depend on your Plan, add-ons, usage limits, third-party services, and any written offer or order page that applied when you purchased.

    6.3 We may add, remove, modify, improve, replace, or discontinue features from time to time. We will use reasonable efforts to avoid material disruption, but you acknowledge that software platforms evolve.

    6.4 Some features are supplied through third-party providers, infrastructure, integrations, or communication networks. You authorise us to use those third-party providers as reasonably necessary to deliver the Platform.

    6.5 The Platform is not a substitute for your own business judgement, legal advice, accounting advice, marketing strategy, customer service obligations, professional obligations, or compliance responsibilities.

    7. Your responsibilities

    7.1 You are responsible for how you use the Platform and for your relationship with your End Users.

    7.2 You must ensure that all Customer Data is accurate, lawful, properly collected, and used with all necessary rights, notices, permissions, and consents.

    7.3 You are responsible for obtaining, maintaining, and complying with any licences, registrations, approvals, insurance, industry obligations, professional obligations, tax obligations, privacy obligations, employment obligations, and consumer-law obligations that apply to your business.

    7.4 You are responsible for the content, timing, recipients, claims, representations, and legality of all messages, calls, emails, SMS, websites, landing pages, offers, advertising, funnels, automations, AI outputs, and communications sent or published using the Platform.

    7.5 You must not represent that SourCherry endorses your business, products, services, claims, offers, income statements, guarantees, or client outcomes unless we have given written permission.

    7.6 You must have your own terms, privacy policy, refund policy, consent process, and customer documentation where required for your business and End Users.

    8. No unauthorised resale or rebranding

    8.1 Unless we give written approval, you must not sell, lease, sublicence, rent, transfer, repackage, rebrand, or provide access to the Platform as a standalone software product or competing service.

    8.2 You may use the Platform to operate your own business, manage your own leads and customers, build your own websites and funnels, deliver your own programs or services, communicate with your own contacts, and manage your own internal business systems.

    8.3 You must not remove proprietary notices, copy platform materials, clone protected assets, or claim ownership of SourCherry software, templates, training, systems, branding, or intellectual property.

    9. Plans, fees, billing, and GST

    9.1 You agree to pay all Fees for your Plan and any add-ons, usage, communication charges, third-party services, or other services you order or use.

    9.2 Prices are stated in Australian dollars unless otherwise stated. GST will be charged where applicable. If a price is stated as GST inclusive or GST exclusive, the checkout page, invoice, or order form will control.

    9.3 By providing a payment method, you authorise us and our payment processors to charge your payment method for recurring Fees, renewals, usage charges, add-ons, and any other amounts payable under these Terms.

    9.4 Subscription Fees are billed in advance unless otherwise stated. Usage-based Fees, communication charges, AI charges, and third-party charges may be billed in arrears, in advance, or when incurred.

    9.5 If payment fails, we may retry the payment, notify you, suspend features, restrict account access, cancel services, or terminate your account if the amount remains unpaid.

    9.6 You are responsible for bank fees, chargeback fees, payment processing fees, taxes, exchange-rate costs, and other charges caused by your payment method or financial institution.

    9.7 You must not initiate an improper chargeback. If you dispute a charge, you should contact us first so we can review it.

    10. Trials, delayed billing, promotions, and special offers

    10.1 If we offer a trial, delayed billing period, challenge access, free period, grace period, money-back guarantee, bonus, discount, or promotional offer, the specific terms stated on the relevant order page, checkout page, invoice, email, or written offer apply to that purchase.

    10.2 Trial periods and delayed billing periods are not intended to be used repeatedly to avoid paying subscription Fees.

    10.3 Unless the relevant offer states otherwise, your subscription may automatically begin or renew at the end of a trial, delayed billing period, or promotional period.

    10.4 If an offer states that we will send a reminder before a charge, we will use reasonable efforts to send the reminder by the method stated in the offer. You remain responsible for managing your subscription, payment method, and cancellation timing.

    10.5 If an offer includes a refund window, the refund terms stated in that offer apply in addition to your rights under Australian Consumer Law.

    11. Cancellation, renewal, and refunds

    11.1 You may cancel your subscription in accordance with the cancellation process made available by us, such as through your account, support channel, billing portal, email, or written request.

    11.2 Cancellation normally stops future renewals. Unless required by law or stated in a specific offer, cancellation does not automatically refund Fees already paid or remove charges already incurred.

    11.3 Annual plans, prepaid plans, setup fees, onboarding fees, usage charges, communication charges, third-party charges, and completed services are non-refundable except where required by Australian Consumer Law or where a specific written offer provides otherwise.

    11.4 We may refuse a refund request where we reasonably believe there has been misuse, abuse, breach of these Terms, repeated refund behaviour, or use of the service beyond the relevant refund period.

    11.5 Nothing in these Terms limits any non-excludable rights you may have under Australian Consumer Law.

    12. Australian Consumer Law

    12.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, warranty, or protection that cannot be excluded, restricted, or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

    12.2 To the maximum extent permitted by law, where we are allowed to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having the services supplied again.

    12.3 The Platform is a business tool. We do not guarantee that your use of the Platform will generate leads, sales, bookings, clients, revenue, profit, business growth, ranking improvements, advertising results, or any specific commercial outcome.

    13. Communications services: email, SMS, voice, chat, and calls

    13.1 The Platform may allow you to send or manage communications, including email, SMS, MMS, calls, voicemail, chat, AI chat, AI voice, social messages, reminders, notifications, and other electronic or telephone communications.

    13.2 You are the sender, advertiser, telemarketer, promoter, business, or controller of communications you send or initiate through the Platform. We provide tools and infrastructure, but we do not determine your audience, message, timing, claims, offer, or legal basis for contacting a person.

    13.3 You must comply with all applicable communications, privacy, marketing, advertising, and consumer laws. In Australia, this includes the Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth), Privacy Act 1988 (Cth), Australian Consumer Law, and any industry codes, carrier rules, platform policies, or regulator guidance that apply to your communications.

    13.4 You must obtain and keep evidence of all required consents before sending marketing emails, SMS, calls, or other communications. You must identify the sender, include accurate contact details where required, provide a functional unsubscribe or opt-out method where required, and promptly honour unsubscribe and opt-out requests.

    13.5 You must not use the Platform to send spam, misleading messages, deceptive offers, unlawful telemarketing, phishing, scams, unsolicited bulk communications, harassing communications, or messages to people who have withdrawn consent.

    13.6 If you use telephone, SMS, AI voice, or similar services, you are responsible for complying with applicable calling rules, number registration rules, caller ID rules, consent requirements, recording laws, and Do Not Call obligations.

    13.7 Communication services may involve third-party carrier, email, SMS, voice, number, verification, and deliverability providers. Delivery is not guaranteed and may be affected by carrier filtering, spam filtering, registration requirements, third-party outages, incorrect recipient data, recipient settings, or legal restrictions.

    13.8 Phone numbers, sender IDs, email sending domains, and communication features may be suspended, released, restricted, changed, ported, or removed where required by law, third-party providers, carrier rules, non-payment, technical limitations, or breach of these Terms.

    14. Privacy, data, and security

    14.1 We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

    14.2 You are responsible for ensuring that you have a lawful basis, notice, consent, and authority to collect, upload, store, process, use, disclose, communicate, and transfer Customer Data through the Platform.

    14.3 If you collect personal information from End Users, you are responsible for providing your own privacy notices and complying with privacy requests, access requests, correction requests, deletion requests, consent withdrawals, and complaints that apply to your business.

    14.4 You must not upload or process sensitive information, health information, government identifiers, payment card data, highly confidential information, or regulated information unless you have the legal right to do so and have implemented appropriate safeguards.

    14.5 You must take reasonable steps to protect Customer Data from misuse, interference, loss, unauthorised access, unauthorised modification, and unauthorised disclosure.

    14.6 You must notify us promptly if you become aware of a data breach, suspected data breach, unauthorised access, or security incident involving your account or Customer Data.

    14.7 You are responsible for assessing and complying with any data breach notification obligations that apply to you, including notification obligations under the Notifiable Data Breaches scheme where applicable.

    14.8 We may access Customer Data where reasonably necessary to provide support, maintain the Platform, investigate abuse, prevent fraud, comply with law, enforce these Terms, improve services, or protect the Platform, users, End Users, or third parties.

    14.9 We may collect and use aggregated, de-identified, or anonymised usage data to operate, analyse, secure, and improve the Platform, provided it does not reasonably identify you or your End Users.

    15. Data retention, backups, export, and deletion

    15.1 You are responsible for maintaining copies, exports, and backups of Customer Data that is important to your business.

    15.2 The Platform may provide export, download, or backup options, but we do not guarantee that all Customer Data can be recovered after deletion, cancellation, suspension, failed payment, account closure, third-party service failure, or expiry of retention periods.

    15.3 We may delete, archive, anonymise, or retain Customer Data in accordance with our Privacy Policy, data retention practices, legal obligations, and operational requirements.

    15.4 If your account is cancelled or terminated, we may restrict access immediately or after any applicable grace period. You should export any required Customer Data before cancellation or termination where possible.

    16. AI Features

    16.1 AI Features are provided to assist with drafting, summarising, generating, organising, analysing, automating, and improving content or workflows. AI Features do not replace your own judgement.

    16.2 AI outputs may be inaccurate, incomplete, outdated, biased, offensive, unsuitable, or misleading. You must review, edit, verify, and approve all AI outputs before using, publishing, sending, relying on, or sharing them.

    16.3 AI outputs are not legal, medical, financial, accounting, tax, psychological, therapeutic, engineering, immigration, or other professional advice. You must obtain qualified professional advice where required.

    16.4 You must not use AI Features to mislead people, impersonate real people, create deceptive communications, generate unlawful content, make automated decisions with legal or similarly significant effects without appropriate safeguards, or provide regulated professional advice without proper qualification and review.

    16.5 You must not input sensitive, confidential, regulated, or highly personal information into AI Features unless you have the right to do so and have assessed the risks.

    16.6 If you use AI chat, AI voice, or automated communication features with End Users, you are responsible for ensuring that the interaction is not misleading or deceptive and that you make any disclosures required by law, platform rules, or industry standards.

    16.7 AI Features may involve third-party AI providers. You authorise us to transmit relevant inputs, prompts, outputs, metadata, and usage information to those providers as reasonably necessary to provide the AI Features.

    17. Third-party services and integrations

    17.1 The Platform may connect with or depend on third-party services, including payment processors, email providers, SMS providers, voice providers, social platforms, domain providers, analytics tools, AI providers, calendar services, advertising platforms, cloud hosting, marketplace tools, and other integrations.

    17.2 Your use of third-party services may be subject to separate third-party terms, policies, fees, limits, verification requirements, and compliance obligations.

    17.3 We are not responsible for third-party services, outages, suspensions, API changes, pricing changes, data loss, errors, policies, rejections, account bans, delivery issues, or decisions made by third-party providers.

    17.4 You authorise us to share information with third-party providers as reasonably necessary to enable integrations, provide the Platform, process payments, deliver communications, troubleshoot issues, prevent abuse, and comply with legal or provider requirements.

    17.5 If a third-party service is disconnected, modified, restricted, suspended, or discontinued, some Platform features may stop working or may need to be reconfigured.

    18. Domains, websites, funnels, and online content

    18.1 If you connect, purchase, transfer, or use domains through or with the Platform, you are responsible for ensuring that you have the right to use those domains and that your use does not infringe third-party rights.

    18.2 Domain registration, renewal, transfer, DNS, nameserver, email hosting, SSL, and related services may be provided by third-party providers and subject to their rules and fees.

    18.3 You are responsible for all websites, landing pages, funnels, forms, offers, pricing claims, testimonials, reviews, guarantees, disclaimers, intellectual property, accessibility obligations, and legal notices published through the Platform.

    18.4 You must not publish false, misleading, deceptive, unlawful, infringing, defamatory, harmful, or non-compliant content through the Platform.

    19. Templates, snapshots, training, and support

    19.1 We may provide templates, snapshots, automations, prompts, workflows, scripts, courses, worksheets, training, coaching, support, examples, and implementation resources.

    19.2 These resources are provided for general business education and implementation support. They are not legal advice, financial advice, tax advice, medical advice, or a guarantee of business results.

    19.3 You are responsible for adapting templates, prompts, scripts, automations, and workflows to your business, industry, laws, customer journey, brand, and compliance requirements.

    19.4 Support services are provided through the channels and availability described in your Plan or our support materials. We may prioritise urgent security, billing, access, and platform issues.

    19.5 We may refuse support for matters outside the Platform, including your third-party accounts, custom code, unrelated business strategy, legal compliance, disputes with your End Users, or unsupported integrations.

    20. Intellectual property

    20.1 We and our licensors own all rights, title, and interest in and to the Platform, SourCherry branding, software, systems, processes, templates, training materials, documentation, designs, workflows, prompts, pages, content, know-how, and intellectual property we provide, except for Customer Data and your pre-existing materials.

    20.2 Subject to your compliance with these Terms and payment of Fees, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for your own internal business purposes during the term of your subscription.

    20.3 You retain ownership of Customer Data and your pre-existing User Content. You grant us a worldwide, royalty-free licence to host, store, process, transmit, display, reproduce, and use Customer Data as reasonably necessary to provide, support, secure, improve, and operate the Platform.

    20.4 You must not copy, modify, adapt, reverse engineer, decompile, disassemble, scrape, crawl, frame, mirror, exploit, or create derivative works from the Platform except as expressly permitted by law or by us in writing.

    20.5 If you provide feedback, suggestions, feature requests, ideas, or recommendations, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or compensation.

    21. Confidentiality

    21.1 Each party may receive confidential information from the other party. Confidential information includes non-public business, technical, financial, customer, strategy, pricing, product, security, and operational information.

    21.2 The receiving party must use reasonable care to protect confidential information and must not use or disclose it except as necessary to perform under these Terms, comply with law, obtain professional advice, or with written permission.

    21.3 Confidentiality obligations do not apply to information that is public through no fault of the receiving party, already known lawfully, independently developed without use of confidential information, or lawfully received from a third party.

    22. Fair use and platform integrity

    22.1 Plans described as unlimited or generous are subject to fair use, technical limits, provider limits, law, anti-abuse rules, and reasonable platform integrity controls.

    22.2 You must not use the Platform in a way that is excessive, abusive, harmful, fraudulent, deceptive, resource-intensive, illegal, or likely to degrade platform performance for other users.

    22.3 We may throttle, restrict, suspend, require plan changes, require additional verification, or charge additional Fees if your use is excessive, abnormal, abusive, risky, or outside the intended scope of your Plan.

    23. Prohibited uses

    23.1 You must not use the Platform, or allow anyone else to use the Platform, to:

    • (a) breach any law, regulation, court order, regulator direction, industry code, third-party term, or these Terms;
    • (b) send spam, unlawful marketing, phishing, scams, malware, deceptive messages, or unsolicited bulk communications;
    • (c) infringe intellectual property, privacy, confidentiality, publicity, consumer, or data protection rights;
    • (d) upload viruses, malware, harmful code, scraping tools, credential harvesters, or disruptive systems;
    • (e) access, test, scan, attack, overload, damage, reverse engineer, or interfere with the Platform or any third-party system without permission;
    • (f) impersonate any person, business, employee, representative, government body, regulator, or platform;
    • (g) publish or send false, misleading, deceptive, defamatory, harassing, abusive, hateful, discriminatory, violent, sexually exploitative, or harmful content;
    • (h) exploit, harm, groom, harass, threaten, or abuse children or vulnerable persons;
    • (i) promote illegal goods, illegal services, weapons, explosives, terrorism, human trafficking, sexual exploitation, stolen goods, counterfeit goods, or unlawful activity;
    • (j) operate gambling, payday lending, illegal financial schemes, scams, pyramid schemes, or other high-risk services without all required approvals;
    • (k) provide regulated professional advice without appropriate qualifications, licences, disclosures, and review;
    • (l) make automated eligibility, credit, employment, housing, education, insurance, healthcare, legal, migration, or similarly significant decisions without required safeguards and legal compliance;
    • (m) create fake reviews, fake testimonials, fake engagement, fake identities, fake grassroots support, or deceptive social proof;
    • (n) use the Platform for political campaigning, lobbying, or election-related activity in breach of applicable law;
    • (o) collect, use, or disclose personal information unlawfully or without proper notice and consent;
    • (p) bypass usage limits, security controls, billing systems, verification systems, or access restrictions;
    • (q) assist another person to do any of the above.

    23.2 Breach of this clause may result in immediate suspension or termination.

    24. Suspension and termination

    24.1 We may suspend or restrict your account immediately if we reasonably believe that:

    • (a) you have breached these Terms;
    • (b) payment is overdue;
    • (c) your account presents a security, legal, compliance, fraud, spam, platform integrity, or reputational risk;
    • (d) required verification, registration, or compliance steps have not been completed;
    • (e) a third-party provider requires suspension;
    • (f) continued access may harm us, the Platform, other users, End Users, third parties, or the public.

    24.2 We may terminate your account if you materially breach these Terms, fail to pay Fees, misuse the Platform, repeatedly breach rules, or if we discontinue the service or Plan.

    24.3 You may stop using the Platform and cancel your subscription in accordance with clause 11.

    24.4 Termination does not affect accrued rights, unpaid Fees, indemnities, limitation of liability, confidentiality, intellectual property rights, privacy obligations, dispute clauses, or provisions intended to survive termination.

    25. Disclaimers

    25.1 The Platform is provided on an as is and as available basis to the maximum extent permitted by law.

    25.2 We do not warrant that the Platform will be uninterrupted, error-free, secure, compatible with all systems, free from harmful components, or available at all times.

    25.3 We do not warrant that emails, SMS, calls, websites, funnels, automations, AI outputs, integrations, payments, forms, or messages will always be delivered, displayed, indexed, accepted, processed, or received.

    25.4 We are not responsible for internet outages, carrier outages, email filtering, SMS filtering, third-party platform changes, payment processor decisions, social platform rules, search engine decisions, AI provider issues, domain issues, or other events outside our reasonable control.

    25.5 We do not provide legal, tax, accounting, financial, medical, therapeutic, migration, engineering, investment, or other regulated professional advice.

    26. Limitation of liability

    26.1 Nothing in these Terms limits liability that cannot be limited by law, including non-excludable rights under Australian Consumer Law.

    26.2 To the maximum extent permitted by law, we are not liable for indirect, consequential, special, incidental, exemplary, punitive, loss-of-profit, loss-of-revenue, loss-of-goodwill, loss-of-opportunity, loss-of-data, business interruption, or reputational damages.

    26.3 To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms, the Platform, or the services is limited to the Fees you paid to us for the affected services in the three months immediately before the event giving rise to the claim. If you used only free services, our total aggregate liability is limited to AUD 100.

    26.4 The limitations in this clause apply whether a claim is in contract, tort including negligence, statute, equity, indemnity, restitution, or otherwise.

    27. Indemnity

    27.1 To the maximum extent permitted by law, you indemnify us, our directors, officers, employees, contractors, suppliers, and agents against claims, losses, damages, liabilities, penalties, costs, and expenses arising from or connected with:

    • (a) your use of the Platform;
    • (b) Customer Data or User Content;
    • (c) your breach of these Terms;
    • (d) your breach of law, privacy obligations, communications laws, consumer laws, intellectual property rights, or third-party terms;
    • (e) your communications, marketing, offers, claims, sales, products, services, websites, funnels, automations, AI outputs, or customer relationships;
    • (f) disputes between you and your End Users, employees, contractors, business partners, or third parties;
    • (g) your failure to obtain consent, honour opt-outs, maintain records, or comply with data subject requests;
    • (h) your misuse of AI Features, third-party services, communications tools, domains, phone numbers, or integrations.

    27.2 Your indemnity is reduced to the extent the claim is directly caused by our fraud, wilful misconduct, or breach of law.

    28. Force majeure

    28.1 We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, fire, flood, storm, epidemic, pandemic, war, terrorism, civil unrest, labour disputes, cyberattack, internet failure, utility failure, carrier failure, third-party provider failure, government action, regulatory action, or changes in law.

    29. Changes to these Terms

    29.1 We may update these Terms from time to time.

    29.2 If changes are material, we will take reasonable steps to notify you, such as by email, account notice, website notice, or billing notice.

    29.3 Continued use of the Platform after updated Terms take effect means you accept the updated Terms. If you do not accept updated Terms, you must stop using the Platform and cancel your subscription.

    30. Notices and contact

    30.1 We may send notices to the email address, billing contact, phone number, account notification area, or business address associated with your account.

    30.2 You may contact us using the following details:

    • Shammasi Pty Ltd trading as SourCherry / SourCherry CRM
    • ABN: 92 653 318 202
    • Address: 5/531 Hay St, Subiaco WA 6008, Australia
    • Phone: +61 485 004 444

    30.3 You are responsible for keeping your contact details current.

    31. Disputes and governing law

    31.1 These Terms are governed by the laws of Western Australia and the Commonwealth laws of Australia that apply in Western Australia.

    31.2 Before commencing legal proceedings, each party must use reasonable efforts to resolve any dispute in good faith by giving written notice of the dispute and allowing at least 20 Business Days for senior representatives to discuss the matter.

    31.3 Nothing in clause 31.2 prevents either party from seeking urgent interlocutory relief, taking action to recover unpaid Fees, protecting intellectual property, responding to regulator action, or taking steps required by law.

    31.4 The courts of Western Australia and the Federal Court of Australia have non-exclusive jurisdiction in relation to disputes arising from these Terms.

    32. General

    32.1 These Terms, together with our Privacy Policy and any applicable order form, invoice, or written offer, form the entire agreement between you and us regarding the Platform.

    32.2 If there is an inconsistency between these Terms and a specific written order or promotional offer, the specific written order or promotional offer applies to the extent of the inconsistency for that purchase only.

    32.3 You must not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations as part of a restructure, sale of business, merger, acquisition, or transfer of assets.

    32.4 Our failure to enforce a right is not a waiver of that right.

    32.5 If part of these Terms is invalid or unenforceable, that part will be severed or read down to the minimum extent necessary, and the remainder will continue in effect.

    32.6 Clauses that by their nature should survive termination will survive, including clauses relating to Fees, Customer Data, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, governing law, and disputes.

    Schedule 1 - Acceptable Use Policy

    A. You must use the Platform lawfully, responsibly, and in a way that protects SourCherry, other users, End Users, third parties, and the integrity of the Platform.

    B. The following uses are prohibited:

    • unlawful activity, fraud, scams, phishing, impersonation, spam, malware, or deceptive conduct;
    • unsolicited marketing or telemarketing without required consent;
    • content or conduct that is abusive, harassing, hateful, discriminatory, violent, sexually exploitative, defamatory, or harmful;
    • child sexual abuse material, grooming, exploitation of minors, or any conduct that harms children;
    • infringement of intellectual property, privacy, confidentiality, publicity, or data protection rights;
    • unauthorised access, scraping, crawling, vulnerability scanning, denial-of-service activity, or interference with systems;
    • fake reviews, fake testimonials, fake social proof, fake engagement, or deceptive endorsements;
    • illegal or high-risk goods or services, including illegal weapons, illegal drugs, stolen goods, counterfeit goods, terrorism, human trafficking, exploitation, unlawful gambling, and unlawful financial schemes;
    • regulated advice or regulated decision-making without proper qualifications, licences, disclosures, review, and compliance;
    • political, electoral, lobbying, or advocacy communications in breach of applicable law;
    • AI use that misleads people, impersonates a human deceptively, creates harmful content, or makes significant decisions without appropriate safeguards;
    • any activity that damages, disables, overloads, disrupts, or impairs the Platform or any third-party service.

    C. We may investigate suspected misuse. We may remove content, restrict features, suspend accounts, terminate accounts, report unlawful activity, or cooperate with regulators, law enforcement, carriers, third-party providers, or affected parties where appropriate.

    Schedule 2 - AI Acceptable Use and Disclaimer

    A. AI Features are experimental and may produce inaccurate, incomplete, outdated, biased, offensive, unsafe, or unsuitable outputs.

    B. You must review all AI outputs before use. You are responsible for any content you publish, send, rely on, or provide to End Users.

    C. You must not use AI Features to:

    • provide legal, medical, financial, tax, psychological, therapeutic, migration, or other regulated professional advice without proper qualification and review;
    • make automated decisions that have legal or similarly significant effects without required safeguards, human review, notices, and rights;
    • generate deceptive, misleading, defamatory, discriminatory, hateful, harassing, violent, sexual, exploitative, or unlawful content;
    • impersonate a person or business in a misleading way;
    • infringe intellectual property or privacy rights;
    • spread misinformation, scams, phishing, malware, or manipulative content;
    • process sensitive or regulated information without a lawful basis and appropriate safeguards.

    D. You are responsible for ensuring AI interactions with End Users are lawful, transparent where required, and not misleading or deceptive.

    E. We may modify, restrict, suspend, or discontinue AI Features at any time, including where required by law, provider rules, safety obligations, or platform integrity requirements.

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