Terms and Conditions
IMPORTANT: Please read these terms carefully before using the platform.
By creating an account you agree to be bound by these terms in full.
If you do not agree, do not create an account or use the platform.
1. About these terms
These terms govern your use of the Your Small Victories platform. Your Small Victories is operated by Sam Whitmore ABN 312 430 210 trading as Sales Rhythm, Kingscliff, NSW Australia (referred to as "we", "us" or "our"). You are referred to as "you" or "the user".
2. The service
Your Small Victories is a sales operating system that provides lead tracking, AI-generated outreach assistance and sales progress tools for early-stage business founders. Provided as a software-as-a-service subscription. We reserve the right to modify, suspend or discontinue any feature at any time without notice or liability.
3. No professional advice
All content generated by the platform, including AI-generated outreach, call scripts, objection handling and weekly reflections, is for general productivity purposes only. Nothing on the platform constitutes professional sales advice, legal advice, financial advice or any other form of professional advice.
4. AI-generated content — your responsibility
You are solely and entirely responsible for all content you send to third parties, regardless of whether that content was generated or suggested by the platform. We accept no liability whatsoever for the content of outreach you send.
- You will review all AI-generated content before sending it to anyone
- You will not send AI-generated content that is false, misleading, defamatory or in breach of any law
- You are solely responsible for ensuring your outreach complies with all applicable laws including spam laws and privacy laws
- AI-generated content may contain errors or outputs unsuitable for your situation
- We have no control over and accept no liability for any response from recipients of outreach you send
5. No guarantee of results
WE MAKE NO GUARANTEE, EXPRESS OR IMPLIED, THAT USE OF THE PLATFORM WILL RESULT IN ANY SALES, MEETINGS, RESPONSES, REVENUE OR BUSINESS OUTCOMES OF ANY KIND.
The platform is a tool to assist with sales activity. Results depend entirely on factors outside our control. We accept no liability for any failure to achieve any sales or business outcome.
6. Your account
You must provide accurate information when creating your account. You are responsible for maintaining the security of your credentials and all activity under your account. You must be at least 18 years old to use the platform. We reserve the right to suspend or terminate accounts that violate these terms or are used fraudulently.
7. Subscription and billing
Your Small Victories is a paid subscription service. Pricing is displayed at signup. Founding member subscribers receive the price shown at signup locked in for the life of their continuous subscription.
Payments are processed by Paddle.com Market Limited, who acts as merchant of record for all transactions. By subscribing you authorise Paddle to charge your payment method on a recurring monthly basis. Paddle's terms of service also apply to your purchase.
If a payment fails and is not resolved within a reasonable period your access may be suspended or terminated.
8. Refunds and money-back guarantee
We offer a 30-day money-back guarantee on your first payment only. Email sam@yoursalesrhythm.com within 30 days of your first payment to request a refund. We will process approved refunds within 5 to 10 business days. Refunds are at our discretion after the 30-day period and do not apply to charges beyond the first month.
As our payment processor and merchant of record, Paddle may also handle refund requests in accordance with their own buyer protection policies. Paddle's refund policies apply to transactions processed through their platform. In the event of a conflict between our refund policy and Paddle's policies, Paddle's policies will apply to the extent required by their merchant of record obligations.
To request a refund: email sam@yoursalesrhythm.com with your account email and reason. Refunds are returned to your original payment method.
9. Cancellation
You may cancel your subscription at any time via account settings or by contacting Paddle directly. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months except as covered by the 30-day guarantee.
10. Acceptable use
- Do not use the platform to send spam or unsolicited communications in breach of applicable law
- Do not process personal data you do not have the legal right to use
- Do not circumvent usage limits or abuse the AI generation features
- Do not reverse engineer, copy or reproduce any part of the platform
- Do not resell or sublicense access without written permission
- Do not engage in any activity that is unlawful, harmful or damaging to us or third parties
11. Third party prospect data
You are solely responsible for ensuring that any personal information you upload about third parties is handled lawfully and in accordance with all applicable privacy laws. We accept no liability for your collection, storage or use of third party personal data through the platform.
12. Third party services
The platform relies on Paddle (payments), Anthropic (AI), Supabase (infrastructure) and Vercel (hosting). We are not liable for any outage, error, data loss or failure caused by these third party services. Their own terms and policies apply.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:
(a) OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID US
IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(b) WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR:
- LOSS OF PROFITS OR REVENUE
- LOSS OF BUSINESS OR OPPORTUNITY
- LOSS OF DATA
- REPUTATIONAL DAMAGE
- INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS
- LOSS ARISING FROM AI-GENERATED CONTENT YOU SENT TO THIRD PARTIES
- LOSS ARISING FROM THIRD PARTY CLAIMS AGAINST YOUNothing in these terms excludes liability that cannot be excluded by law, including liability under the Australian Consumer Law.
14. Indemnification
You agree to indemnify, defend and hold harmless Sam Whitmore, Sales Rhythm, and their respective officers, employees and agents from and against any claims, damages, losses, costs and expenses (including legal fees) arising from or relating to:
- Your use of the platform
- Any content you send to third parties using the platform, including AI-generated outreach
- Your breach of these terms or any applicable law
- Any claim by a third party arising from outreach or communications you sent using the platform
- Your collection, storage or use of third party personal data through the platform
15. Warranty disclaimer
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the platform will be uninterrupted or error-free.
16. Force majeure
We are not liable for any delay or failure arising from circumstances beyond our reasonable control, including third party API outages (including Anthropic, Paddle or Supabase), internet failures, natural disasters, or acts of government.
17. Intellectual property
The Your Small Victories platform, brand, and Sales Rhythm methodology are owned by Sam Whitmore. You may not copy, reproduce or create derivative works from any part of the platform without written permission. AI-generated outputs produced for your account are yours to use, but the underlying methodology and prompting systems remain our intellectual property.
18. Governing law
These terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
19. Changes to these terms
We may update these terms from time to time. We will notify you of material changes by email with at least 14 days notice. Continued use after the effective date constitutes acceptance. If you do not accept updated terms you may cancel before they take effect.
20. Contact
For any questions: sam@yoursalesrhythm.com
Sam Whitmore trading as Sales Rhythm
ABN: 312 430 210
McPhail Avenue
Kingscliff
NSW
Australia
