Terms of Service

3.1 Eligibility

You must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Represent a legitimate business or organization (for business accounts)
• Be located in or operate within Australia

3.2 Account Registration

To use our services, you must:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account.

4.1 Pricing Plans

• Pay as You Go: $0.25 per call + $500 one-time setup fee
• Starter: $199/month (400 calls included) + $500 one-time setup fee
• Professional: $399/month (unlimited calls) + $500 one-time setup fee
• Enterprise: Custom pricing + $500 one-time setup fee

4.2 Setup Fee

A one-time, non-refundable setup fee of $500 applies to all plans. This covers initial configuration, AI training, and system integration.

4.3 Payment Terms

• Setup fees are due before service activation
• Monthly subscription fees are billed in advance on the first day of each billing cycle
• Pay-as-you-go usage is billed monthly in arrears
• All prices are in Australian Dollars (AUD) and include GST where applicable
• Payment must be made via the payment methods we accept

4.4 Late Payment

If payment is not received within 7 days of the due date, we reserve the right to suspend or terminate your service. Late payments may incur additional charges.

4.5 Price Changes

We may change our prices with 30 days' written notice. Continued use of services after the notice period constitutes acceptance of the new prices.

6.1 Service Availability

We aim to provide services with 99.5% uptime, excluding scheduled maintenance. We do not guarantee uninterrupted or error-free service.

6.2 Scheduled Maintenance

We may perform scheduled maintenance with reasonable notice. Emergency maintenance may be performed without prior notice.

6.3 Service Suspension

We reserve the right to suspend services for:

• Non-payment of fees
• Breach of these Terms
• Illegal or abusive use of services
• Technical issues or security concerns

7.1 Compliance with Laws

You must:

• Comply with all applicable Australian laws and regulations
• Not use services for any illegal purpose
• Comply with the Spam Act 2003 and Do Not Call Register Act 2006
• Comply with the Privacy Act 1988 when handling personal information
• Obtain necessary consents for call recording where required by law

7.2 Prohibited Use

You must NOT use our services to:

• Make unsolicited telemarketing calls without proper consent
• Contact numbers on the Do Not Call Register (unless exempt)
• Send spam or malicious content
• Harass, threaten, or abuse any person
• Impersonate any person or entity
• Violate any third party's intellectual property rights
• Interfere with or disrupt our systems or services
• Attempt to gain unauthorized access to our systems
• Use services for fraudulent or deceptive purposes

7.3 Content Responsibility

You are solely responsible for all content, messages, and communications made through our services. You must ensure your content complies with Australian law and does not infringe third-party rights.

9.1 Our Intellectual Property

All intellectual property rights in our services, including software, AI technology, trademarks, logos, and content, remain our exclusive property or that of our licensors.

9.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our services during the term of your subscription, subject to these Terms.

9.3 Your Content

You retain all intellectual property rights in your content. By using our services, you grant us a license to use, store, process, and transmit your content solely to provide our services.

9.4 AI Training

We may use de-identified call data to train and improve our AI systems. We will not use your personally identifiable information without your consent.

11.1 Limitation of Liability

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.

Our total liability to you for any claim arising from these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

11.2 Australian Consumer Law

Nothing in this clause limits or excludes any guarantee, right, or remedy you have under the Australian Consumer Law that cannot lawfully be limited or excluded.

11.3 Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Your use of our services
• Content you provide or transmit through our services

12.1 Service "As Is"

Subject to the Australian Consumer Law, our services are provided "as is" and "as available" without warranties of any kind, express or implied.

12.2 No Guarantee of Results

We do not guarantee that our AI voice agent will achieve specific results, conversion rates, or business outcomes.

12.3 Third-Party Services

We are not responsible for any third-party services, integrations, or websites that you use in connection with our services.

13.1 Term

These Terms commence when you first access or use our services and continue until terminated in accordance with this clause.

13.2 Termination by You

You may terminate your subscription at any time by providing 30 days' written notice. You remain responsible for all fees incurred up to the termination date.

13.3 Termination by Us

We may terminate or suspend your account immediately if you:

• Breach these Terms
• Fail to pay fees when due
• Use services for illegal or prohibited purposes
• Engage in conduct that harms our reputation or business

13.4 Effect of Termination

Upon termination:

• Your right to use our services immediately ceases
• You must pay all outstanding fees
• Setup fees are non-refundable
• We may delete your data in accordance with our data retention policy
• Provisions that by their nature should survive will continue to apply

13.5 Refund Policy

Monthly subscription fees are non-refundable except as required by Australian Consumer Law. If you terminate mid-billing cycle, no refund will be provided for the unused portion.

14.1 Good Faith Negotiation

If a dispute arises, the parties agree to first attempt to resolve it through good faith negotiation.

14.2 Mediation

If negotiation fails, the parties may agree to submit the dispute to mediation before commencing legal proceedings.

14.3 Governing Law and Jurisdiction

These Terms are governed by the laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia and courts of appeal from them.

14.4 Australian Consumer Law

Nothing in this clause affects your rights under the Australian Consumer Law to seek remedies through relevant consumer protection agencies or courts.

15.1 Amendments

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be notified to you with 30 days' notice. Continued use after changes constitutes acceptance.

15.2 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights without restriction.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.5 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our services and supersede all prior agreements.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.7 Notices

Notices must be sent to the email addresses provided in your account or to subodhmaharjan3@gmail.com for notices to us.