Terms of Service

Last updated: December 2025

1. Acceptance of Terms

By accessing and using They Said Yes ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.

2. About the Service

They Said Yes is an event management and RSVP platform operated by Rhys Murray as a sole trader based in Queensland, Australia. The Service enables users to create events, manage guest lists, send communications via email and SMS, and coordinate event logistics including seating arrangements and vendor management.

3. User Accounts

To access certain features of the Service, you must register for an account. By creating an account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information as needed
  • Keep your login credentials secure and confidential
  • Accept full responsibility for all activities that occur under your account
  • Notify us immediately if you become aware of any unauthorised use of your account

4. Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

  • Violate any applicable laws, regulations, or third-party rights
  • Send spam, unsolicited communications, or messages that harass or threaten others
  • Upload or transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorised access to our systems, networks, or other users' accounts
  • Interfere with or disrupt the operation, security, or performance of the Service
  • Collect, scrape, or harvest user data without proper authorisation
  • Use the Service in any manner that could damage our reputation or goodwill

5. User Content

You retain ownership of all content you submit to the Service, including event details, guest information, images, and other materials ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, reproduce, and process that content solely as necessary to provide and improve the Service.

You are solely responsible for ensuring that your User Content does not infringe the rights of any third party or violate any applicable laws.

6. Communications and Message Delivery

The Service enables you to send emails and SMS messages to your event guests through third-party communication providers. You acknowledge and agree that:

  • You have obtained appropriate consent from all recipients before sending communications
  • You will comply with all applicable anti-spam, telecommunications, and privacy laws, including the Spam Act 2003 (Cth)
  • Message delivery depends on third-party providers, network conditions, and recipient settings
  • We do not guarantee the delivery, timing, or receipt of any communication sent through the Service
  • You are responsible for verifying that critical communications have been received by your guests

7. Data and Backups

While we take reasonable measures to protect your data, you acknowledge that:

  • You are responsible for maintaining your own backups of important event data
  • We recommend regularly exporting your guest lists and event information
  • We are not liable for any loss, corruption, or unavailability of your data
  • You should not rely on the Service as your sole repository for critical information

8. Third-Party Services

The Service integrates with third-party services including authentication providers, SMS gateways, and email services. Your use of these integrations is subject to the respective third-party terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.

9. Fees and Payment

Certain features of the Service may require payment. If you subscribe to paid features:

  • You agree to pay all applicable fees as described at the time of purchase
  • Fees are non-refundable unless otherwise stated or required by Australian Consumer Law
  • We may modify our fees upon reasonable notice, with changes taking effect at the start of your next billing period
  • You are responsible for any costs associated with failed payments, including bank fees

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill
  • Our total aggregate liability for any claims arising from or related to the Service shall not exceed the greater of: (a) the total fees paid by you in the twelve (12) months preceding the claim, or (b) fifty Australian dollars (AUD $50)
  • We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control

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

12. Indemnification

You agree to indemnify, defend, and hold harmless the Service operator from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of a third party
  • Any User Content you submit to the Service

13. Account Termination

We may suspend or terminate your account at any time if:

  • You breach these Terms
  • We are required to do so by law
  • Your account has been inactive for an extended period
  • Continuing to provide the Service becomes commercially impractical

You may terminate your account at any time by contacting us. Upon termination, you should export any data you wish to retain, as we may delete your account data after a reasonable period.

14. Dispute Resolution

If a dispute arises between you and us regarding the Service:

  • You agree to first attempt to resolve the dispute informally by contacting us
  • If the dispute cannot be resolved within thirty (30) days, either party may pursue formal resolution
  • Before commencing court proceedings, both parties agree to participate in good faith mediation
  • Any mediation shall take place in Queensland, Australia, with costs shared equally

15. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through the Service with reasonable notice. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to any changes, you must stop using the Service.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

17. General Provisions

  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
  • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent.

18. Contact

For questions about these Terms, please contact us at support@theysaidyes.com.au.