Dojo Toolbox CRM (“Dojo Toolbox,” “the Service”) is operated by Success Dynamics Institute Pty Ltd (“SDI,” “we,” “us,” or “our”).

1. Acceptance of Terms

Dojo Toolbox CRM provides customer relationship management software, automations, messaging services (including SMS, MMS, email, and other communication channels), data storage, integrations, analytics, training materials, and related services.

By accessing or using the Service in any manner, you agree to be bound by these Terms of Use (“TOU”), all incorporated policies, and any guidelines posted within the Service. If you do not agree, you must immediately discontinue use of the Service.

2. Modifications to These Terms

We reserve the right to modify these Terms at any time in our sole discretion. Changes become effective immediately upon posting. Continued use of the Service constitutes acceptance of the updated Terms.

3. Eligibility

The Service is intended for professional and business use only, including martial arts schools, gyms, coaches, operators, and related organizations.

To access or use Dojo Toolbox CRM, you must:

- Be at least eighteen (18) years of age, and

- Have the legal capacity to enter into binding contracts, and

- Be authorised to act on behalf of the business or organisation using the Service.

By using the Service, you represent and warrant that you meet these requirements. We may restrict, suspend, or terminate access at our discretion if we reasonably believe these conditions are not met. No failure to restrict access creates liability on our part.

4. User Content, Data, and License Grant

You retain ownership of all data, content, communications, contact records, messages, media, files, automations, and other materials you upload, create, transmit, or store through the Service (“User Content”).

By submitting User Content, you grant Success Dynamics Institute Pty Ltd a non-exclusive, worldwide, royalty-free, fully paid, transferable license (with the right to sublicense) to host, store, process, transmit, reproduce, display, and otherwise use such User Content solely for the purpose of providing, operating, maintaining, securing, supporting, and improving the Service, and to comply with legal and regulatory obligations.

You represent and warrant that:

- You have all rights and permissions necessary to upload and use the User Content.

- You have obtained all required consent from individuals whose data you store or contact.

- Your use of the Service complies with all applicable laws, regulations, and carrier policies.

- We do not pre-screen User Content but reserve the right to remove, restrict, or disable content that violates these Terms, applicable law, or third-party platform requirements.

5. Messaging Compliance (SMS, MMS, Email)

You acknowledge that you are the sender of record for all messages sent through the Service.

You are solely responsible for compliance with all applicable:

- Anti-spam laws

- Consumer protection laws

- Data privacy laws

- Telecommunications regulations

- Carrier rules and messaging policies

Including, without limitation:

- Australian Spam Act 2003

- US TCPA, CAN-SPAM Act

- GDPR (where applicable)

- Carrier A2P messaging policies

You expressly agree that:

- You will only message contacts who have provided valid, lawful consent.

- You will maintain records of opt-in and consent.

- All messages must clearly identify you as the sender.

- All messages must include a lawful opt-out mechanism (e.g. STOP, unsubscribe).

- You will honour opt-out requests immediately.

SDI does not provide legal advice or consent validation and does not guarantee message delivery. Carriers may filter, throttle, block, or suspend traffic at their discretion. Carriers and providers may impose throughput limits, filtering, throttling, or blocking on messaging traffic, and delivery is not guaranteed.

SDI reserves the right to suspend or terminate messaging capabilities immediately if required by carriers, regulators, or platform partners, without liability.

SMS Use Cases (Permitted Messaging Purposes)

You may use SMS/MMS functionality within the Service only for lawful, consent-based messaging related to your business operations, including, without limitation:

- Transactional / administrative messages (e.g., confirmations, reminders, schedule changes, membership notices, account updates, receipts).

- Operational messages (e.g., trial confirmations, check-in instructions, staff notifications, two-way support conversations).

- Marketing / promotional messages only where permitted by law and carrier rules and only to recipients who have provided valid consent (e.g., offers, announcements, reactivation campaigns, referral promotions).

You must ensure your messaging content, cadence, targeting, and consent practices comply with all applicable laws and carrier policies.

SDI may restrict, suspend, or disable messaging capabilities for any account to maintain compliance, protect deliverability, or satisfy carrier/provider requirements.

Message and Data Rates

Message and data rates may apply to any SMS, MMS, or other mobile communications sent or received through the Service, depending on the recipient’s mobile plan and carrier. You are solely responsible for any carrier charges incurred by you, your users, or your contacts as a result of messaging activity through the Service.

6. Third-Party Services and Integrations

The Service may integrate with or provide access to third-party platforms and providers, including SMS carriers, email providers, payment processors, analytics tools, calendars, and CRMs.

You acknowledge that:

- Third-party services are governed by their own terms and policies.

- SDI does not control or guarantee third-party performance or availability.

- Failures caused by third-party services are outside SDI’s responsibility.

7. Intellectual Property Infringement Claims

If you believe your intellectual property rights have been infringed, submit notice to:

Email: [email protected]

Your notice must include:

- Identification of the allegedly infringing material

- A good-faith belief statement

- Your contact details

- A declaration under penalty of perjury

- Your physical or electronic signature

8. Privacy and Information Disclosure

We may preserve or disclose User Content or account information when required by law, regulation, legal process, or to enforce these Terms. Personal data handling is governed by our Privacy Policy.

9. Prohibited Conduct

You agree not to use the Service to:

- Send unlawful, deceptive, misleading, or unsolicited communications

- Violate privacy, data protection, or marketing laws

- Impersonate individuals or entities

- Infringe intellectual property rights

- Upload malicious code or attempt unauthorized access

- Circumvent system limits or security controls

- Use unauthorized automation, scraping, or bulk messaging tools

Violations may result in immediate suspension or termination.

10. Automated Use and Posting Agents

Bots, automated posting tools, scraping software, or third-party agents may not access or post through the Service without express written authorization from SDI.

11. Paid Services and Billing

Certain features require payment. Fees are billed in advance and are non-refundable unless expressly stated otherwise in writing. Termination for TOU violations does not entitle refunds. Messaging fees charged by carriers/providers or platform partners may be billed based on usage and are not refundable once incurred.

12. Service Limits and Availability

We may impose limits on storage, usage, message volume, throughput, or access. We may modify, suspend, or discontinue any part of the Service at any time without liability.

13. License and Permitted Use

We grant you a limited, revocable, non-exclusive license to use the Service for your internal business operations only. Unauthorized copying, resale, scraping, reverse engineering, or commercial exploitation is prohibited.

14. Termination

We may suspend or terminate your account at any time, with or without notice, for violation of these Terms or at our discretion. Upon termination, all licenses granted to you immediately cease.

15. Proprietary Rights

All software, source code, designs, trademarks, logos, documentation, and materials associated with Dojo Toolbox CRM are owned by or licensed to Success Dynamics Institute Pty Ltd.

No ownership rights are transferred to you. Use of SDI trademarks or branding requires express written permission.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SDI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCCESS DYNAMICS INSTITUTE PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

18. Indemnification

You agree to indemnify and hold harmless Success Dynamics Institute Pty Ltd, its officers, directors, employees, contractors, and affiliates from any claims, damages, liabilities, or expenses arising from your use of the Service or violation of these Terms, including messaging compliance violations.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of the Australian Capital Territory, Australia, without regard to conflict-of-law principles.

You irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

20. Entire Agreement and Time Limits

These Terms constitute the entire agreement between you and SDI regarding the Service and supersede all prior agreements. Any claim must be brought within one (1) year of accrual.

21. Violations and Remedies

SDI reserves the right to seek injunctive relief, suspension, termination, and any other lawful remedies for violations of these Terms, including carrier-mandated enforcement actions.

22. Feedback and Contact

Questions or feedback may be directed to:

Success Dynamics Institute Pty Ltd
Email: [email protected]

Phone: +61 (0) 401 349 657