Terms of Use

1. Eligibility and authority

You must be at least 18 years old and have legal capacity to enter these Terms. If you use the Service on behalf of a business or other organisation, you represent that you are authorised to bind that entity, and “you” includes that entity.

2. The Service

theSMS provides discovery, business profiles, roster-related information, favourites, account tools, customer-business messaging, and (where we make them available) community features. We are primarily a technology and communications platform connecting customers with massage businesses and brothels, and (where applicable) staff. Listings, roster entries, community posts, and similar content are supplied by users or businesses; we do not guarantee availability, pricing, quality, or legality of third-party services or user content. You should confirm important details directly with the relevant business.

3. Accounts

You must provide accurate, current information and keep your login credentials confidential. You are responsible for all activity under your account unless you notify us promptly of unauthorised use using the details on our Contact page. We may suspend or terminate accounts that breach these Terms, pose a risk to others or the platform, or where we reasonably need to do so for security or integrity. Customer accounts may require email verification before full access.

4. Business listings and local law

These restrictions apply to business listings on the Service. They do not apply to customer, staff, or other non-business accounts.

If you register or maintain a business listing, you must provide accurate information about your business type and the location of your premises. Brothel listings may only be offered for premises located in Australian states or territories where brothel operations are lawful. We do not accept brothel listings for locations outside those jurisdictions and may refuse, remove, or suspend such listings without notice.

Massage listings are classified separately from brothel listings on the Service. Businesses that describe their services as erotic or adult massage should select the massage business type, not brothel, unless they operate as a lawful brothel in their jurisdiction. All business listings remain subject to section 5 (Acceptable use); you must not use the Service for any unlawful purpose, and you are responsible for ensuring your operations comply with applicable law in your location.

5. Acceptable use

You must not misuse the Service. Without limitation, you must not:

• harass, abuse, threaten, defraud, or stalk others;
• send spam, malware, or illegal content, or solicit unlawful conduct;
• attempt to bypass security, probe or scan systems without authorisation, scrape or harvest data in breach of these Terms or applicable law, or impose an unreasonable load on our infrastructure;
• misrepresent your identity, affiliation, or the nature of a business listing;
• post content in Community or elsewhere that infringes intellectual property, privacy, or other rights, or that is defamatory or misleading;
• use the Service for any unlawful purpose or in a way that interferes with other users’ enjoyment of the Service.

6. Content and intellectual property

You retain any rights you already hold in content you submit. You grant theSMS a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (e.g. resize images), communicate, and display that content solely to operate, promote, and improve the Service and to enforce these Terms. You warrant you have all rights necessary to grant that licence. We may remove or restrict content or accounts where we reasonably believe there is a breach of law or these Terms. Except for your content and third-party materials, we and our licensors own all rights in the Service, branding, and software.

7. Messaging and forum

Messaging is provided between customers and businesses as described in the product. Chat messages are stored on our systems and are not end-to-end encrypted by the application. We may access, review, retain, or disclose chat messages or community content if reasonably necessary for safety, security, fraud prevention, legal compliance, or enforcement of these Terms, or where required by law. Community threads and replies may be visible to other users or publicly on the Service once approved under our moderation rules; do not post information you are not willing to have seen by others.

8. Electronic communications and marketing

We may send you communications by email, SMS or other text message (where you have given us a mobile number and we use that channel), browser push notifications (where you enable them), and notices within the Service. Our Privacy Policy explains how we collect and use contact details for these purposes.

Transactional messages. You agree that we may send emails and other messages that are reasonably necessary to provide the Service, secure your account, or comply with law (for example verification, password reset, billing, and security notices). These are not optional marketing messages.

Service notifications. You agree that we may send you alerts about activity relevant to your account (such as new messages, roster updates, or community threads you follow) by email, push, or other channels, subject to your preferences. You can manage email and push categories in Notifications & email in your account, or use unsubscribe links in our emails.

Marketing. Where permitted by law (including the Spam Act 2003 (Cth) for commercial electronic messages), we may send marketing or promotional content about theSMS by email, SMS, push, or other means. We will only do so with your consent or another lawful basis. Consent may be obtained when you sign up, submit a form with clear notice, or leave marketing notification settings enabled after we have described what you will receive. You may opt out at any time via account preferences, unsubscribe links, replying STOP to marketing SMS from us where applicable, or by contacting us through Contact.

If you use the Service as a business, you are responsible for obtaining any consent required before you contact customers or others by email, SMS, phone, or through the platform’s messaging features. theSMS is not responsible for your direct marketing to your clients.

9. Fees and payments

Some features require payment. Payments are processed by our payment provider (currently Stripe). Stripe’s terms and privacy policy also apply. Fees, billing cycles, taxes (if shown), and any refund entitlements are as displayed at checkout, in your account or subscription screens, or in a separate written agreement with us. Where the Australian Consumer Law applies to a supply, nothing in these Terms limits remedies that cannot lawfully be excluded.

10. Referral program

We may offer a referral program under which eligible account holders can share a personal referral link or code and, subject to these Terms and any program rules we publish in the Service, earn commissions when a referred business pays for an eligible subscription on the Service. One-off purchases such as post packs are not commissionable unless we expressly say otherwise in the Service. By creating or using a referral link or code, viewing referral earnings, or participating in the program, you agree to this section.

Eligibility and codes. Eligible roles may include customer, business, and dedicated referrer accounts we make available. Each participating account has one referral code linked to that account. Codes are personal to you; you must not sell, transfer, or allow others to control your code without our written consent. Participation is not employment, partnership, or agency; you have no authority to bind theSMS.

Attribution. When someone opens your referral link, we may store a first-party cookie or similar technology on their device for a limited period so that a later business signup can be attributed to you (first valid referral touch typically wins for that browser). Attribution details and cookie duration may be described in our Privacy Policy and in the Service. We may refuse or reverse attribution for self-referral (including where you own or control the referred business), duplicate or conflicting claims, fraud, abuse, or technical error. Our records of attribution are decisive unless we agree otherwise in writing.

When commissions accrue. During complimentary, trial, or other free access periods, referred businesses may be tracked but no commission accrues until an eligible paid subscription invoice or payment is successfully received under our billing rules. Commission rates (including any tapered schedule such as a higher rate for an initial period and a lower ongoing rate) are as configured in the Service from time to time. Rates shown in your account are not a guarantee of earnings. Each accrued credit may record the rate then in force.

Changes to rates and program rules. We may change commission rates, eligibility, hold periods, minimum payouts, attribution rules, or end or suspend the program, for future accruals, by updating the Service and, where practicable, giving notice (for example in-account or by email). Changes apply prospectively to commissions that accrue after the change takes effect, unless applicable law requires otherwise. Already-accrued amounts remain subject to clawback, hold, void, or adjustment as described below.

Holds, clawbacks, and ledger. We may treat credits as pending for a period after payment (for example to cover refunds or chargebacks). If a referred subscription is refunded, charged back, cancelled in a way that reverses payment, or we reasonably determine an accrual was in error, we may reverse, void, or deduct related commissions from your balance (including future credits). Your account may show credits (money in), debits or payouts (money out), and adjustments. Ledger entries in the Service are our working record of program balances.

Payouts. Withdrawal or payout of balances may be unavailable during launch or complimentary periods, or until we enable payouts in the Service. When enabled, payouts may be manual, subject to identity and bank or PayID details you provide, minimum thresholds, and processing times we publish. You are responsible for any tax, reporting, or ABN obligations that apply to amounts you receive. Unpaid balances do not earn interest.

Prohibited conduct. You must not: refer businesses you own or control in order to earn commission on yourself; create fake, duplicate, or misleading business signups; use spam, malware, or unlawful messaging to promote your link; misrepresent theSMS, pricing, or the program; bid on our brand terms in paid search without permission; or otherwise abuse attribution or the ledger. You are responsible for how you share your link (including Spam Act and other marketing laws) when you contact others yourself.

Suspension and revocation. If we reasonably believe you breached these Terms or program rules, or that referrals or accruals are fraudulent, abusive, or unlawful, we may suspend or terminate your participation, disable your code, cancel pending commissions, withhold payouts, and recover amounts already paid that reasonably relate to that conduct. We may also suspend or revoke participation for operational, legal, or integrity reasons. General account suspension under section 13 may also apply.

Program communications. We may send transactional notices about your referrals, balance, or payouts. Marketing journeys about the program are optional and off by default until you opt in and we enable them; see section 8 and our Privacy Policy.

11. Disclaimers and liability

To the maximum extent permitted by Australian law, the Service is provided on an “as is” and “as available” basis. We do not warrant uninterrupted or error-free operation. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law that cannot lawfully be excluded. Subject to the preceding sentence and where the law permits, we exclude implied warranties and limit our liability for indirect or consequential loss, loss of profits, loss of data, and loss arising from third-party content, user conduct, or services you obtain from businesses listed on the platform. These limits do not apply to liability that cannot be limited under the Australian Consumer Law or other non-excludable law.

12. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless theSMS Pty Ltd and its directors, officers, employees, and contractors against claims, losses, and reasonable costs (including legal costs) arising from your content, your breach of these Terms, or your misuse of the Service, except to the extent caused by our fraud, wilful misconduct, or breach that cannot be excluded by law.

13. Suspension, termination, and data

You may stop using the Service at any time and may request account closure as described in our Privacy Policy. We may suspend or terminate access for breach, risk, legal requirement, or operational reasons. Clauses that by their nature should survive (including intellectual property, disclaimers and liability where permitted, indemnity, and governing law) survive termination.

14. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, subject to any non-waivable rights you have under the Australian Consumer Law or other mandatory law.

15. Privacy

Our Privacy Policy explains how we collect, use, and disclose personal information, including how we handle marketing consent and electronic communications (email, SMS, and push).

16. General

If any part of these Terms is invalid or unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms (together with policies referenced in them) are the entire agreement between you and us regarding the Service and supersede prior discussions. We may send notices to the email address on your account; you may contact us via Contact or at support@thesms.com.au.

17. Changes

We may update these Terms. We will post the revised Terms and update the “Last updated” date. Where a change materially reduces your rights, we will use reasonable efforts to give prior notice (for example by email or on-site notice). Continued use after the effective date of changes constitutes acceptance of the revised Terms, except where applicable law requires a different process or your express consent.