Last updated 22 August 2026

Terms and conditions

The terms governing use of the ReviewProsper website and Service, including consent, acceptable use, liability and the client consent schedule.

These Terms and Conditions ("Terms") govern your engagement of ReviewProsper.ai (the "Service"), operated by SEO BY DESIGN (ABN 27 604 617 923) ("we", "us", "our"), and your access to the ReviewProsper website and managed Service. By engaging ReviewProsper, accepting an order or proposal, or using the Service, you ("you", "the Client") agree to be bound by these Terms. If you do not agree, you must not engage or use the Service.

1. About the Service

ReviewProsper.ai is a managed SMS reactivation and customer re-engagement service. ReviewProsper prepares, configures and sends Client-approved messages on the Client's behalf, operates the campaign, monitors the reply channel, handles routine replies within approved rules, applies suppression and escalates matters requiring human judgement. The Client supplies the customer records and proposed contact basis, approves the campaign purpose and message content, and remains responsible for the lawfulness and accuracy of its customer data, the consent basis and its approvals.

2. Definitions

Client / you - the person or entity that engages ReviewProsper, accepts an order or proposal, or uses the Service.

Recipient - an individual who receives a message sent through the Service.

Content - any customer data, contact lists, relationship information, message content, instructions or other material the Client provides to or approves for use by ReviewProsper.

Fees - the charges payable for the Service as set out in your plan or order.

Sub-account - the separate campaign workspace provisioned and managed by ReviewProsper for the Client within ReviewProsper's agency environment.

3. Eligibility and accounts

To engage or use the Service you must be at least 18 years old and able to enter into a binding contract. If you engage or use the Service on behalf of a business, you warrant that you are authorised to bind that business. ReviewProsper may provision a dedicated Sub-account and issue login credentials to the Client's authorised users. The Client is responsible for keeping those credentials secure, controlling the people it authorises and activity performed through the Client's own credentials. This does not make the Client responsible for operational activity undertaken by ReviewProsper or its service providers within the Sub-account. Notify us immediately of suspected unauthorised access or use of the Client's credentials.

4. Your obligations and acceptable use

You agree that you will:

  • use the Service only for lawful purposes and in accordance with these Terms;
  • comply with all applicable laws, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and the Australian Consumer Law;
  • establish and maintain a lawful basis and all necessary consents for each campaign audience before ReviewProsper sends messages on your behalf, and keep records capable of evidencing that consent;
  • provide accurate customer records, including the source of each mobile number and the purchase, enquiry, membership, account or other relationship relied on for the proposed contact;
  • tell us about every previous opt-out, withdrawal of consent, do-not-contact instruction, complaint or other fact that may make a Recipient ineligible;
  • provide and approve the accurate business identity, contact details, campaign purpose and message content to be used in the campaign;
  • ensure the contact details supplied for use in messages remain valid for at least 30 days after each message is sent;
  • work with us to ensure each commercial electronic message clearly identifies the business that authorised it and contains a clear, functional unsubscribe facility;
  • promptly honour all opt-out and unsubscribe requests, including requests expressed in words other than a nominated keyword;
  • not upload contact data you are not authorised to use; and
  • not use the Service to send unlawful, misleading, deceptive, defamatory, harassing, fraudulent or otherwise prohibited content.

You authorise ReviewProsper to prepare, configure and send approved messages on your behalf as a managed service. You remain responsible for the lawfulness of the customer data and relationship information you provide, the consent basis for the campaign, the accuracy of your business identity and contact details, and your approval of the campaign purpose and message content. These responsibilities cannot be outsourced merely because ReviewProsper operates the sending process.

ReviewProsper will use reasonable endeavours to configure and operate the approved campaign, monitor the reply channel, apply automatic suppression for recognised opt-outs and do-not-disturb signals, record equivalent requests expressed in other language, escalate ambiguous or sensitive replies for human review, and pause later batches where the business cannot follow up responsibly. We will not knowingly send to a Recipient whom you or we have recorded as opted out. Automated filtering assists this process but is not guaranteed to interpret every request expressed in unusual or unanticipated language, which is why monitored human review forms part of the Service. These operational steps do not replace your obligation to establish consent or make either party's compliance with the Spam Act automatic.

The practical division of campaign responsibilities, recommended consent wording and the current conversational message format are set out in Schedule A. Schedule A describes the operating process but does not determine whether inferred consent exists for a particular customer group or whether a particular message is commercial.

We may suspend or terminate your access if we reasonably believe you have breached this section, including to protect the integrity of the Service, our other Clients, or our relationships with messaging carriers.

5. Fees and payment

Fees are payable in accordance with your selected plan or order. Unless stated otherwise, fees are in Australian dollars and exclusive of GST, which will be added where applicable. You authorise us (and our payment providers) to charge your nominated payment method. Late or failed payments may result in suspension of the Service. Except where required by law or as expressly provided under the Opportunity Recovery Pilot guarantee in section 5A, fees already paid are non-refundable.

We may change our fees on reasonable notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.

5A. Opportunity Recovery Pilot guarantee

An accepted Opportunity Recovery Pilot carries a specific guarantee: if Client-attested sales to the contacts messaged in the pilot do not cover the pilot fee within 90 days of the final send, ReviewProsper refunds the difference. The guarantee applies only to pilots accepted after the database fit check, relies on the Client attesting sales outcomes within the agreed reporting window, and is confirmed in the signed proposal, which controls its exact terms.

6. Intellectual property

We own (or are licensed to use) all intellectual property rights in the Service, including the platform, software, branding and documentation. We grant you a non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during your subscription. You retain ownership of your Content, and grant us a licence to host, process and transmit it as necessary to provide the Service.

7. Data, privacy and confidentiality

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Where we process Recipient data on your behalf, you remain responsible for ensuring you have the right to provide that data to us and that it is accurate enough to support the proposed campaign and consent assessment.

We may use the approved customer data and campaign records to prepare messages, send controlled batches, monitor conversations, apply automatic keyword and do-not-disturb filtering, suppress opt-outs, escalate replies, maintain the campaign record and report agreed outcomes. We will use that information only as needed to provide the agreed Service, meet legal and security obligations, and maintain an auditable record of campaign decisions.

Each party will keep the other's confidential information confidential and use it only as needed to perform these Terms or use the Service. The Client must retain its source records for consent and customer relationships. ReviewProsper will retain the campaign approval, message versions, sending records, reply and suppression records, and other operational records reasonably required for the Service, subject to the Privacy Policy and the agreed retention and deletion arrangements.

8. Third-party services

The Service relies on third-party providers, including messaging carriers and gateways, hosting and payment processors. We are not responsible for the acts, omissions or availability of those third parties, and delivery of messages depends on networks and carriers outside our control.

9. Service availability

We aim to keep the Service available and reliable but do not warrant that it will be uninterrupted, error-free or available at all times. We may perform maintenance, updates or changes, and may modify or discontinue features, with reasonable notice where practicable.

10. Australian Consumer Law and warranties

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded ("Non-excludable Rights").

To the extent the Service is a supply of services to which a consumer guarantee applies, and to the extent permitted by law, our liability for a failure to comply with that guarantee is limited (at our option) to re-supplying the services or paying the cost of having the services re-supplied.

Except for the Non-excludable Rights, and to the maximum extent permitted by law, the Service is provided "as is" and we exclude all other warranties, whether express or implied.

11. Limitation of liability

To the maximum extent permitted by law and subject to section 10:

  • we exclude all liability for any indirect, incidental, special or consequential loss, and for any loss of profits, revenue, savings, data, goodwill, reputation or business opportunity, however arising (whether in contract, tort including negligence, statute or otherwise);
  • we are not liable for any loss or claim arising from: (a) the Content you upload or the messages you send; (b) your failure to obtain or maintain Recipient consent; (c) any claim by a Recipient or other third party in connection with your messages; (d) delays, failures or errors in message delivery caused by carriers, networks or other third parties; or (e) your breach of these Terms or of any law, including the Spam Act and Privacy Act;
  • our liability is reduced to the extent that your acts, omissions or breach caused or contributed to the relevant loss; and
  • our total aggregate liability arising out of or in connection with the Service or these Terms, across all claims combined, is limited to the total Fees paid by you to us in the three (3) months immediately preceding the event giving rise to the liability, or AUD $500, whichever is the lesser.

You acknowledge that the Fees have been set on the basis of the allocation of risk in these Terms, and that this allocation is reasonable.

12. Indemnity

You indemnify us and our officers, employees and contractors against all claims, demands, proceedings, losses, liabilities, damages, costs and expenses (including reasonable legal costs on a full-indemnity basis) arising from or in connection with: (a) your Content; (b) your use of the Service; (c) the messages you send and the contact data you upload; (d) any claim by a Recipient or other third party relating to your messages or your handling of their information; (e) your failure to obtain or maintain consent; and (f) your breach of these Terms or of any applicable law, including the Spam Act and Privacy Act. This indemnity reflects that you alone control who you message and what you send, and survives termination. This indemnity is not reduced by anything in section 11.

13. Suspension and termination

You may cancel your subscription in accordance with your plan. We may suspend or terminate your access if you breach these Terms, fail to pay Fees, or where reasonably necessary to protect the Service or comply with the law. On termination, your licence to use the Service ends and we may delete your Content after a reasonable period, subject to our retention obligations and the Privacy Policy. Provisions that by their nature should survive termination (including sections 6, 11, 12 and 14) will survive.

14. Governing law and jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

15. Disputes

Before commencing proceedings (except for urgent injunctive relief), the parties agree to attempt in good faith to resolve any dispute by negotiation, and will give written notice of the dispute and a reasonable opportunity to resolve it.

16. Changes to these Terms

We may update these Terms from time to time. The current version will always be available on our website, and the "Last updated" date will reflect the most recent changes. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. General

If any provision of these Terms is found to be invalid or unenforceable, it will be severed and the remaining provisions will continue in force. Our failure to enforce a right is not a waiver of that right. These Terms, together with the Privacy Policy and any order or plan, form the entire agreement between us.

18. Contact us

SEO BY DESIGN (ReviewProsper.ai) - ABN 27 604 617 923
Level 27, 101 Collins Street, Melbourne VIC 3000, Australia
Phone: 1300 667 241 or +61 489 083 592

Schedule A - Client consent and managed SMS campaigns

The Spam Act 2003 (Cth) prohibits sending an unsolicited commercial electronic message unless the relevant account-holder consented. It also requires each commercial electronic message to clearly and accurately identify the individual or organisation that authorised it, include accurate information about how the Recipient can readily contact that individual or organisation, and contain a clear, functional unsubscribe facility. The wording and process below are designed to support those requirements, but they do not establish that consent exists or that a particular message is not commercial.

Division of responsibilities

The Client must:

  • decide, with appropriate advice where required, whether it has express consent or can reasonably infer consent for the particular audience and campaign purpose;
  • provide evidence of the source of each mobile number and the relevant purchase, enquiry, account, membership or other relationship;
  • exclude previous opt-outs, withdrawn consent, do-not-contact records, known wrong numbers and any other ineligible records;
  • provide and approve its correct legal or trading name, a monitored contact method, the campaign purpose and the message wording; and
  • ensure its nominated staff can respond to customer needs and any human escalations created by the campaign.

ReviewProsper will use reasonable endeavours to:

  • prepare and send the Client-approved messages on the Client's behalf;
  • send in small, controlled batches and pause later batches when testing, correction or the Client's follow-up capacity requires it;
  • operate and monitor a reply-capable channel;
  • automatically suppress recognised opt-out keywords, do-not-disturb signals and configured abusive-language signals, and honour equivalent requests expressed in other words;
  • refer ambiguous messages, complaints and sensitive matters for human review; and
  • keep the approved message versions, sending, reply and suppression records reasonably required for the campaign.

Point-of-collection opt-in (web form, in-store, or at sign-up):

[Business name] would like to send you occasional SMS messages about our products, services, offers, support and reminders. By providing your number and ticking this box, you consent to receive these messages. Message and data rates may apply. You can opt out at any time by replying STOP, DELETE or otherwise telling us that you do not want further marketing messages. See our Privacy Policy for how we handle your information. ☐ Yes, I'd like to receive SMS messages from [Business name].

Verbal or in-person consent script (to be logged):

"Is it OK if we send you the occasional text about our products, services, offers, support and reminders? You can reply STOP, DELETE or tell us not to message you at any time." Record the date, time, staff member, wording used and the Recipient's agreement.

Assessment before a reactivation campaign

A past purchase or enquiry does not by itself settle whether inferred consent exists. Before launch, the Client must document the source of the mobile number, the date and nature of the relationship, whether that relationship is current or ongoing, why the proposed message is directly relevant to it, what a reasonable customer would expect, and whether the person has ever opted out, cancelled a relevant subscription or otherwise withdrawn consent. Express consent is the safer basis where it can be obtained lawfully.

ReviewProsper's conversational opening format

The current operating format begins with a recognition question based on the customer's real history. It does not begin with an offer. The sender is identified by first name, business name and location. A second text sent immediately afterwards states that the business does not want to spam the customer and invites the person to opt out in conversational language.

Text 1:
Hi [first name], it's [team member first name] from [Business name] in [suburb]. Happy [day]. Just checking if this is the same [first name] who came in for [general description of past purchase] back in [month and year]?

Text 2, sent immediately after Text 1:
I hope you're okay with the text. The last thing I want to do is spam you. If not, reply delete and I won't bother you again.

This two-text format describes ReviewProsper's present process and the opening used in its audited picture-framing campaign. It begins with recognition rather than an offer, identifies the person and business making contact, and places the conversational opt-out immediately afterwards in the same thread. The format does not replace the Client's obligation to establish consent for the audience or the requirement to assess each campaign and message under the Spam Act.

Sender identification and contact details

Each commercial electronic message must clearly and accurately identify the Client as the business that authorised it and include accurate information about how the Recipient can readily contact that business. The ReviewProsper process uses a monitored, reply-capable number and identifies the team member, business name and location in the opening thread. The Client must provide accurate business details and ensure its nominated contact information remains valid for at least 30 days.

Open-language unsubscribe handling

The Act does not prescribe the word STOP. A reply such as DELETE, STOP, UNSUBSCRIBE, do not contact me, leave me alone, or any other message conveying that the person does not want further commercial electronic messages must be treated as an unsubscribe request. The reply channel must be capable of receiving a reasonable number of requests, must remain functional for at least 30 days, must not impose more than the usual cost of replying, and must not require extra personal information or an account login.

Automatic suppression and human review

ReviewProsper uses reasonable endeavours to configure automatic filtering for recognised opt-out keywords, do-not-disturb signals and configured abusive-language signals. Recognised records are suppressed without waiting for a human step. Automated filtering is not guaranteed to interpret every request expressed in unusual or unanticipated language. Equivalent opt-outs expressed in other language must also be honoured, including where monitored human review is needed to interpret the message. An unsubscribe request takes legal effect no later than five business days after it is sent, although ReviewProsper's operational objective is immediate suppression.

Controlled sending

Messages are released in small batches so the opening, reply handling and customer experience can be checked before the next release. Sending must pause if the messaging requires correction, an opt-out process is not functioning, or the Client does not have capacity to follow up appropriately.

Consent record-keeping

For each Recipient, keep the mobile-number source, the consent wording shown or spoken, the date and method of any express consent, the purchase, enquiry, account or other relationship relied on, the date and nature of that relationship, the campaign relevance assessment, the approved message version, the send record, and every opt-out or suppression event. Where inferred consent is relied on, preserve the facts supporting the conclusion that the Recipient would reasonably expect the directly related marketing message. The Client must also retain evidence of any later withdrawal of consent and the date it was applied.

Schedule A is a practical guide, not legal advice. Confirm your consent process with a qualified Australian legal practitioner, particularly if you rely on inferred (rather than express) consent.