Terms of Service

These Terms of Service (“Terms”) govern your use of Kind Note (the “Service”), operated from Australia. By creating an account or sending a kind note, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old to use Kind Note. By using the Service, you confirm that you meet this requirement and that you are using the Service for lawful, personal, non-commercial purposes.

Kind Note allows authenticated users to send pre-written, anonymous messages of kindness to a recipient via email or SMS. The sender’s identity is not revealed to the recipient. Message templates are provided by us; you do not author your own message content.

SMS delivery is available only to Australian mobile numbers. Email delivery is available worldwide subject to recipient mail server policies.

Each kind note costs the amount displayed in the app at the time of purchase. Prices may change without notice; the price you see at the time of purchase is the price you pay for that send. Payments are processed by Stripe. We do not store your card details.

Because each kind note is a digital service that is delivered immediately upon successful payment, we do not offer refunds for successful deliveries except where required by the Australian Consumer Law.

If a message fails to deliver due to a fault in our systems (for example, an email bounce or an SMS provider error), your payment will be automatically refunded.

Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law that cannot be lawfully excluded.

You agree NOT to use the Service to:

We enforce the following:

While the Service does not reveal your identity to the recipient, we are required by Australian telecommunications legislation to retain sender metadata (including your authenticated account identifier, IP address, recipient details, and timestamps) for a period of 2 years.

This information may be disclosed to law enforcement, regulators, or in response to a valid legal request, including in connection with investigations into harassment, threatening communications, or other offences. The Service is not designed for, and must not be used for, communications you wish to keep confidential from authorities.

All message templates, brand assets, the Kind Note name, logo, and the underlying software are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose. You may not reproduce, modify, sublicense, or commercially exploit any part of the Service.

We rely on third-party providers (currently Mailgun for email and Twilio for SMS) to deliver messages. We do not guarantee that a kind note will be received by the recipient, will not be marked as spam, will not be blocked by the recipient’s carrier or mail provider, or will be delivered in a timely manner. Where a delivery failure is reported to us by the underlying provider, your payment will be refunded as described in section 5.

To the maximum extent permitted by law, the Service is provided “as is” without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure.

To the maximum extent permitted by law, our total liability to you arising out of or in connection with the Service, regardless of the cause of action, is limited to the total amount you have paid us in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot be lawfully excluded. Where a consumer guarantee applies and the law permits us to limit our liability, our liability is limited at our option to resupply of the Service or refund of the amount paid.

You may stop using the Service at any time and request deletion of your account by contacting us at the address below.

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms or used the Service unlawfully. Sections of these Terms that by their nature should survive termination (including sections 8, 9, 11 and 13) will survive.

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia.

We may update these Terms from time to time. Material changes will be communicated by posting an updated version on this page with a new revision date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Questions or notices under these Terms should be sent to info@kindnote.com.au.