Terms of Service
Address for notices: Level 7, 222 Exhibition Street, Melbourne VIC 3000, Australia
1. Agreement and Service
1.1 These Terms govern your access to Reachable, a lifecycle email and SMS platform operated by 121 Group Pty Ltd and provided at getreachable.com.au and any associated or successor domains (the Service).
1.2 By creating an account, clicking to accept, or using the Service, you (the Customer) agree to these Terms. If you act for an organisation, you warrant that you can bind it. We record the acceptance time and legal-document version.
1.3 These Terms incorporate the Acceptable Use and Anti-Spam Policy, Privacy Policy, Data Processing Agreement, the plan and rates published at getreachable.com.au/#pricing, and any signed order form. A signed order form prevails for its commercial particulars; a negotiated DPA prevails for data-processing matters.
2. Accounts
2.1 You must be at least 18, use the Service for business purposes, provide accurate information and keep your details current.
2.2 You must keep credentials confidential and promptly notify security@121group.io of suspected unauthorised access. You are responsible for account activity except to the extent it results from our breach of these Terms, negligence, wilful misconduct or failure to maintain reasonable security.
2.3 You are responsible for your users and must promptly remove access that is no longer required.
3. Intellectual property and data
3.1 We and our licensors own the Service, software, system templates, documentation, designs and trademarks. During your subscription, we grant you a limited, non-exclusive, non-transferable and revocable licence to use them for your own business operations.
3.2 You must not reverse engineer, copy, resell, sublicense, commercially exploit or white-label the Service except with our prior written consent or to the extent a restriction is prohibited by law.
3.3 You retain rights in contact lists, content, customer-created templates and other material you supply (Customer Data). You license us to host, reproduce, transmit and otherwise process Customer Data only as needed to provide, secure and support the Service and comply with law.
3.4 We may create and use aggregated or de-identified statistics that do not identify you, your users or any recipient, including to operate, secure and improve the Service.
4. Use, APIs, trials and publicity
4.1 You must comply with the Acceptable Use and Anti-Spam Policy, applicable privacy and marketing laws, plan limits, API documentation and reasonable fair-use controls. You must not evade limits, interfere with the Service, share API keys publicly or use automated access in a way that degrades the Service.
4.2 We may rate-limit or temporarily restrict API or sending activity that threatens security, stability, deliverability or other customers, and will give notice where practicable.
4.3 A free trial, preview or beta is provided for evaluation, may have reduced functionality and may be changed or withdrawn at any time. Unless we agree otherwise, service levels, credits and warranties do not apply to beta functionality.
4.4 We may identify you as a Reachable customer using your name and logo. You may opt out at any time by emailing legal@121group.io.
5. Plans, fees and billing
5.1 New self-service workspaces use DIY usage billing under clause 5.2. Done For You is arranged with our team, with the scope, start date, production fees and monthly commitments confirmed in writing before service begins. Existing flat-plan customers keep their agreed plan and rates unless a change is agreed. A signed order form prevails for its commercial particulars. All amounts are AUD excluding GST, per brand.
5.2 Where offered, DIY usage billing is 1 cent per delivered email and 3.5 cents per outbound SMS part, AUD excluding GST, with no contact-storage charge or minimum volume. Done For You uses the same delivery rates and adds a production fee of $250 for each email design and $50 for each SMS design. Each campaign produced counts as one design. Done For You includes a minimum monthly email commitment of four designs, each sent to at least 5,000 recipients; where SMS is selected, the same four-design, 5,000-recipient minimum applies. Usage, design production and applicable minimum commitments are billed monthly in arrears. For Done For You, production fees and any minimum-commitment adjustments are itemised separately; our team confirms the invoicing arrangement before service starts. SMS segmentation can cause one message to comprise multiple billable parts.
5.3 Flat fees are billed monthly in advance. Pass-through and usage charges are billed in arrears. Stripe processes card payments; Reachable does not store card numbers.
5.4 We notify you as you approach a plan limit. We will not silently upgrade you. We may pause affected sending until you approve an upgrade or overage in writing, except that agreed usage rates continue automatically.
5.5 An amount unpaid 14 days after its due date may cause suspension. If it remains unpaid for 30 days, we may terminate the Service on notice. Overdue amounts bear simple interest at 8% per annum, calculated daily, and you must reimburse reasonable external collection and legal costs.
5.6 We may change pricing or these Terms on at least 30 days' notice. If a material change is adverse to you, you may terminate without penalty before it takes effect and receive a pro-rata refund of prepaid fees for the period after termination. A price increase will not take effect during a committed minimum term unless you agree.
6. Term, cancellation and exit
6.1 The initial minimum term is three months from the first paid-plan start date unless an order form specifies another term (the Minimum Term). The subscription then continues month-to-month.
6.2 After the Minimum Term, either party may cancel for convenience on one month's written notice. Service ends at the end of the calendar month following the month in which notice is received, or at the Minimum Term end if later. Charges continue until that date. Send notice to billing@121group.io or use the in-product cancellation control.
6.3 If you cease use during the Minimum Term, remaining committed fees continue to be payable. Those fees are a genuine estimate of onboarding, provisioning, migration and sender-warm-up costs and are not a penalty.
6.4 After service ends, you may export Customer Data in a standard machine-readable format for 30 days. If you request workspace closure, sending is disabled and deletion is scheduled for the end of that export window, subject to legal retention and minimal suppression records. Request assistance at support@121group.io.
7. Service, support and deliverability
7.1 We use commercially reasonable efforts to keep the Service available, excluding notified maintenance and events beyond our reasonable control. Support is provided during Melbourne business hours unless an order form says otherwise.
7.2 Neither party is liable for delay or failure caused by events beyond its reasonable control, including internet, carrier, cloud-provider, utility, natural-disaster, epidemic, industrial-action or government failures, provided the affected party takes reasonable steps to mitigate.
7.3 We do not warrant inbox placement, delivery, opens, clicks or any commercial outcome. Deliverability depends on sender reputation, list quality, consent, content, volume and receiving providers. We may require list cleaning, throttling, authentication changes or a staged warm-up.
8. Suspension and termination for breach
8.1 We may immediately suspend sending or terminate the Service for serious spam conduct, including purchased or harvested lists, material sending without consent, phishing, deliberate suppression evasion, or activity creating an urgent legal, security or deliverability risk.
8.2 For a lesser or remediable Acceptable Use breach, we may pause affected activity and require corrective action. Either party may terminate for another material breach not remedied within 14 days after written notice.
8.3 Termination for your breach does not refund paid fees or release accrued or committed payment obligations. The export right in clause 6.4 applies unless export would facilitate unlawful conduct.
9. Confidentiality
9.1 Each party must protect the other's non-public business, technical and commercial information, use it only for this agreement, and disclose it only to personnel and advisers who need it and are bound by confidentiality. This does not cover information lawfully known without restriction, independently developed, publicly available without breach, or required to be disclosed by law.
10. Liability and indemnity
10.1 Nothing excludes a right, remedy or guarantee that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or other law. Where lawful, our liability for a non-excludable guarantee is limited, at our option, to resupplying the Service or paying the reasonable cost of resupply.
10.2 Subject to clause 10.1, each party's aggregate liability arising from the Service is capped at fees paid or payable for the three months before the event giving rise to the claim, and neither party is liable for indirect or consequential loss or loss of profit, revenue, goodwill or opportunity.
10.3 The limitations in clauses 10.1–10.2 do not limit your obligation to pay fees or your indemnity under clause 10.4.
10.4 You indemnify us against third-party claims, regulator action, penalties and reasonable external costs arising directly from your message content, contact lists, failure to obtain or evidence required consent, or breach of the Acceptable Use Policy or applicable law. We must promptly notify you, allow reasonable participation in the defence, mitigate loss, and not admit liability or settle a claim in your name without your prior written consent.
11. General
11.1 These Terms are governed by Victorian law. The parties submit to the non-exclusive jurisdiction of Victorian courts.
11.2 Notices must be in writing. Notices to us must be sent to legal@121group.io and the address above; notices to you may be sent to the account owner's email or in-product. Email notice is received when no delivery failure is returned.
11.3 Neither party may assign these Terms without the other's prior consent, not to be unreasonably withheld or delayed. Either party may assign to a related body corporate or in connection with a sale of substantially all of the relevant business on written notice.
11.4 Clauses concerning fees, intellectual property, confidentiality, data export and deletion, liability, indemnity and general interpretation survive termination to the extent needed to give them effect.
11.5 If a provision is unenforceable it is severed to the minimum extent necessary. A failure to enforce is not a waiver. These Terms and incorporated documents are the entire agreement about the Service and may be accepted electronically.