Terms of Service

1. Who you are contracting with

Favoured is a registered business name of MHG Studio Pty Ltd (ABN 44 671 356 399) of 71 Ross Street, Tatura VIC 3616, Australia (“we”, “us”, “our”). “You” means the business that holds the Favoured account.

2. The service

Favoured is software that helps businesses request customer reviews, manage their Google Business Profile, display reviews on their website, and track search and AI rankings. Which features you can use depends on your plan.

We improve the service continuously. We may add, change or remove features, but we will not materially reduce the core functionality of a plan you are paying for without giving you at least 30 days’ notice.

3. Your account

• You must provide accurate details and keep them up to date.
• You are responsible for activity under your account and for keeping credentials secure. Tell us promptly at support@favoured.app if you suspect unauthorised access.
• You may invite team members up to the limit of your plan. You remain responsible for what they do.
• You must be at least 18 and use the service for business purposes.

4. Plans, fees and billing

• Fees are charged per location, per month, in Australian dollars, and are exclusive of GST unless stated otherwise. GST is added where applicable.
• Subscriptions renew automatically each billing period until cancelled.
• Payment is taken in advance by card through our payment processor. If a payment fails we may retry it and may suspend the account if it remains unpaid.
• Adding a location during a billing period is charged pro rata. Removing one takes effect at the end of the current period.
• You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period. Fees already paid are not refunded except where required by law.
• We may change our prices. Existing subscriptions get at least 30 days’ notice before a price change applies, and you may cancel before it takes effect.

Message allowances

Each plan includes a monthly allowance of SMS review requests. Allowances reset at the start of each billing period and do not roll over. If you reach your allowance, you can upgrade your plan or buy an additional message pack to keep sending.

5. Your responsibilities when sending messages

This is the most important section of these terms. When you use Favoured to contact your customers, you are the sender. You must:

• have consent to contact each recipient, as required by the Spam Act 2003 (Cth) — consent may be express or reasonably inferred from an existing customer relationship;
• only upload contact details you collected lawfully, in the course of your own business;
• honour opt-out requests promptly. We process STOP replies and email unsubscribes automatically, and you must not re-add anyone who has opted out;
• not use the service to send marketing, promotional or unrelated messages. Favoured is for review requests and customer follow-up only.

You indemnify us against any claim, penalty or cost arising from messages sent through your account in breach of this section.

6. Review collection

You must comply with the review policies of any platform you collect reviews for, including Google’s. In particular, you must not use Favoured to:

• write, buy, solicit or publish fake or incentivised reviews;
• offer any reward, discount or benefit in exchange for a review or for a particular rating;
• misrepresent who you are, or collect reviews for a business you do not operate.

Favoured lets you invite customers to leave private feedback as well as a public review. Every customer must retain the ability to leave a public review if they choose, and you must not configure the service to prevent that.

7. Your data

You own your data — your business information, your customer contacts, the feedback you collect and the content you publish. You grant us a licence to host, process and transmit it solely to provide the service to you.

You are responsible for having the right to give us the data you upload. We handle it in accordance with our privacy policy.

You can export your data at any time while your account is active. After closure, we retain it for 30 days so it can be recovered, then delete it in line with our retention schedule.

8. Connecting Google

Connecting a Google Business Profile is optional. If you do, you confirm you are authorised to manage that profile. Your use of Google’s services remains subject to Google’s own terms. Google may change or restrict its APIs at any time, and if it does, some features may change or stop working — this is outside our control.

9. Acceptable use

You must not:

• break the law, or use the service to harm or harass anyone;
• attempt to access another customer’s data, or probe, scan or test our systems without written permission;
• resell, sublicense or white-label the service without our written agreement;
• scrape the service, or use it to build a competing product;
• circumvent plan limits, or place unreasonable load on our infrastructure.

10. Intellectual property

We own the Favoured software, brand and everything we create. These terms grant you a limited, non-exclusive, non-transferable right to use the service while your subscription is active — nothing more. If you send us feedback or suggestions, we may use them freely.

11. Availability

We work to keep Favoured available and reliable, but we do not guarantee uninterrupted access. The service may be unavailable during maintenance, or because of failures in third-party services we depend on such as Google, Twilio, Stripe or our hosting providers.

12. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees, or any other right or remedy you have that cannot lawfully be excluded.

Subject to that, and to the extent permitted by law, our liability for breach of a consumer guarantee is limited to resupplying the service or paying the cost of having it resupplied.

13. Limitation of liability

Subject to section 12, and to the extent permitted by law:

• neither party is liable for indirect or consequential loss, loss of profits, loss of revenue, loss of goodwill or loss of data; and
• our total liability arising out of or in connection with these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

We are not liable for the content of reviews, for how a review platform ranks or displays your business, or for any decision Google makes about your Business Profile.

14. Suspension and termination

You may close your account at any time. We may suspend or terminate your account if you materially breach these terms — including sections 5 and 6 — or if your payment remains unpaid. Where the breach can reasonably be fixed, we will give you notice and a chance to fix it first. Serious breaches, such as sending unlawful messages, may be acted on immediately.

15. Changes to these terms

We may update these terms. For material changes we will give account holders at least 30 days’ notice by email. Continuing to use the service after a change takes effect means you accept the updated terms.

16. General

• These terms and the privacy policy are the entire agreement between us.
• If any provision is unenforceable, the rest continues to apply.
• Not enforcing a right on one occasion does not waive it.
• You may not assign these terms without our consent. We may assign them in connection with a sale or restructure of our business.
• These terms are governed by the laws of Victoria, Australia, and both parties submit to the courts of that place.

17. Contact

MHG Studio Pty Ltd (trading as Favoured)
71 Ross Street, Tatura VIC 3616, Australia
support@favoured.app