Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Aussie AI Agency Pty Ltd (ABN XX XXX XXX XXX) ("Aussie AI", "we", "our", or "us"), governing your access to and use of our AI receptionist services, website, dashboard, and related products (collectively, the "Services").

By creating an account, subscribing to a plan, or using our Services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our Services.

2. Description of Services

Aussie AI provides an AI-powered virtual receptionist service that answers telephone calls on behalf of your business. The Services include but are not limited to:

• Automated call answering with a natural Australian voice
• Lead qualification based on your custom criteria
• Appointment booking integrated with your calendar system
• Call transcription, recording, and summary delivery
• CRM integration and data synchronisation
• Real-time analytics dashboard and reporting

We reserve the right to modify, enhance, or discontinue any features of the Services with reasonable notice.

3. Account Registration

To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years of age and have the legal authority to bind your business to these Terms. You must notify us immediately of any unauthorised use of your account.

4. Subscription Plans and Billing

4.1 Plans and Pricing

Our Services are offered on a subscription basis with plans as described on our pricing page. Prices are quoted in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise.

4.2 Free Trial

New accounts are eligible for a 14-day free trial. No credit card is required during the trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Services.

4.3 Billing Cycle

Subscriptions are billed monthly or annually, depending on the plan selected. Charges are processed at the beginning of each billing cycle. All fees are non-refundable except as described in Section 5.

4.4 Overage Charges

If your usage exceeds the minutes included in your plan, additional minutes are billed at $0.50 per minute. You will receive automated alerts at 80% and 100% of your included minutes.

4.5 Plan Changes

You may upgrade your plan at any time; the change takes effect immediately and charges are prorated. Downgrades take effect at the start of your next billing cycle.

5. Cancellation and Refunds

You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellation takes effect at the end of your current billing cycle, and you will retain access to the Services until that date.

We offer a 30-day money-back guarantee for new subscribers. If you cancel within 30 days of your first paid billing date, we will issue a full refund. After 30 days, no refunds are provided for partial billing periods.

6. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Transmit unlawful, harassing, defamatory, or fraudulent content
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorised access to our systems or other user accounts
• Use the Services for telemarketing, robocalling, or spam
• Reverse engineer, decompile, or disassemble any part of the Services
• Resell or redistribute the Services without written authorisation

We reserve the right to suspend or terminate accounts that violate these terms.

7. Intellectual Property

All intellectual property in the Services, including software, algorithms, models, designs, trademarks, and documentation, is owned by Aussie AI Agency or its licensors. Nothing in these Terms grants you any ownership rights.

You retain ownership of all content and data you provide to us, including business information, call scripts, and custom configurations. You grant us a limited licence to use this content solely to provide and improve the Services.

8. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

You are responsible for ensuring that you have the necessary consents to record calls and process caller data in accordance with applicable laws. In Australian states and territories where call recording requires consent, our AI receptionist can be configured to provide notification to callers.

9. Service Availability and SLA

We aim to maintain 99.9% uptime for our Services. However, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance where possible.

In the event of a service outage exceeding 4 cumulative hours in any calendar month (excluding scheduled maintenance), you may request a pro-rata credit for the affected period by contacting support within 30 days.

10. Limitation of Liability

To the maximum extent permitted by law, Aussie AI Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, lost profits, loss of business, or loss of data, arising from or in connection with your use of the Services.

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

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

11. Indemnification

You agree to indemnify and hold harmless Aussie AI Agency, its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content or data you provide through the Services.

12. Termination

Either party may terminate these Terms at any time. You may cancel your subscription as described in Section 5. We may suspend or terminate your access to the Services immediately if:

• You breach any material provision of these Terms
• Your payment method fails and is not resolved within 14 days
• You engage in fraudulent or illegal activity
• Continued provision of the Services would be commercially unreasonable

Upon termination, your access to the Services will cease. We will retain your data for 30 days after termination to allow for data export, after which it will be permanently deleted unless we are required by law to retain it.

13. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aussie AI Agency regarding the Services and supersede all prior agreements and understandings.

14.2 Amendments

We may update these Terms from time to time. Material changes will be communicated via email or prominent notice on our website at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14.3 Severability

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

14.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.5 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

Neither party shall be liable for any failure or delay in performing obligations under these Terms caused by events beyond their reasonable control, including natural disasters, government actions, pandemics, or infrastructure failures.