Terms of Service

1. Acceptance of these Terms

These Terms of Service (“Terms”) are an agreement between Call Whenever Pty Ltd (ABN 49 697 478 587, ACN 697 478 587) (“Call Whenever”, “we”, “us”) and the person or entity that subscribes to our AI voice assistant platform (“you”, the “Customer”).

By creating an account, or by using the Service, you accept these Terms. If you accept them on behalf of a business, you warrant that you are authorised to bind that business, and “you” means that business. If you do not accept these Terms, do not use the Service.

Our Privacy Policy forms part of these Terms.

In these Terms:

• Service means our platform that answers inbound telephone calls using AI voice assistants, records and transcribes those calls, and presents the results in a dashboard, together with our website, applications and support.
• Assistant means an AI voice assistant configured under your account.
• Caller means a person who telephones a number answered by your Assistant.
• Customer Data means data you provide or that is generated under your account, including call recordings, transcripts, call records, caller details, your Assistant configuration and your custom instructions.
• AI Output means anything generated by an Assistant, including what it says on a call, transcripts, summaries and structured call records.
• ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. Using the Service

Subject to these Terms and to payment of the applicable fees, we grant you a non-exclusive, non-transferable right to use the Service for your own business purposes during your subscription.

The Service is offered to businesses operating in Australia. You must be at least 18 years old and legally able to enter into a binding contract.

2.1 Prohibited uses

You must not, and must not permit anyone else to:

• licence, sell, rent, lease, transfer, assign, white-label, resell or otherwise commercially exploit the Service, or make it available to anyone other than your own personnel;
• copy, modify, reverse engineer, decompile or attempt to derive the source code, models, prompts or underlying structure of the Service, except to the extent that restriction is prohibited by law;
• scrape, harvest or systematically extract data from the Service, or access it by automated means other than the interfaces we provide;
• attempt to manipulate an Assistant into behaving outside its configuration — including by prompt injection, jailbreaking, or any other adversarial input — or probe, scan or test the security of the Service without our written consent;
• use the Service or AI Output to develop, train, benchmark or improve any competing product, model or dataset;
• use the Service to deceive a Caller, including by presenting an Assistant as a specific human being, or by concealing that the Caller is speaking to an AI;
• use the Service to harass, abuse, defraud or mislead any person, or for any unlawful purpose;
• configure an Assistant to solicit sensitive information, health information, credit information, government identifiers or payment card details from Callers;
• use the Service in a way that discriminates unlawfully against any person, including in the selection of tenants or purchasers;
• use the Service to make outbound calls or to conduct telemarketing, including any use that would contravene the Spam Act 2003 (Cth) or the Do Not Call Register Act 2006 (Cth). The Service is for inbound calls only; or
• introduce malware, interfere with the operation of the Service, or circumvent any usage limit, seat limit or security control.

2.2 Not an emergency service

The Service is not an emergency service and must not be presented or relied on as one. An Assistant cannot contact emergency services and is not a substitute for calling 000. You are responsible for ensuring that calls involving a risk to health, life or property are escalated promptly to a human being, and for having procedures in place for that escalation.

3. Creating an account

You must provide accurate registration details and keep them current. You are responsible for all activity under your account and for the security of your credentials, and you must notify us promptly of any unauthorised access.

Your subscription includes a number of seats. Each seat is for one named individual and must not be shared. You are responsible for your personnel’s compliance with these Terms, and their acts and omissions are treated as yours.

4. Your responsibilities

The Service answers calls in your name. You remain responsible for those calls. In particular:

4.1 Call recording

Every call answered by your Assistant is recorded. Recording is automatic and cannot be disabled, for your account or for an individual call. Laws about recording telephone conversations differ between Australian States and Territories, and several require the consent of every party to the conversation. You warrant that recording your calls is lawful, that you will comply with all applicable surveillance devices and listening devices legislation and the Telecommunications (Interception and Access) Act 1979 (Cth), and that Callers are given the notice required in every jurisdiction from which you accept calls. You must not disable or alter the recording notice spoken by your Assistant. If you cannot lawfully record a call, you must not answer it with the Service. Because recording cannot be turned off, that is the only way to avoid recording a call, and it is your responsibility to make that assessment for the jurisdictions you take calls from.

4.2 AI disclosure

You must not configure a greeting, custom instructions or any other setting that conceals from a Caller that they are speaking to an AI assistant, or that removes the disclosures spoken at the start of a call.

4.3 Privacy

As between you and us, you are the entity collecting Callers’ personal information. You must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to that information, maintain your own privacy policy and collection notice, obtain any consent required, and make Callers aware that their call may be handled as described in our Privacy Policy, including that call content is processed by AI providers who may retain and use it to train AI models. You must respond to Callers’ access, correction and deletion requests in respect of your Customer Data. Note that you cannot delete Customer Data yourself— the Service does not provide a deletion function — so any request you accept must be passed to us to action, and you should allow for that when you tell a Caller how long it will take.

4.4 Accuracy and your professional obligations

You are responsible for the accuracy and currency of everything you give the Service to work with, including listing data, prices, rents, availability, inspection times and property details, and for the accuracy of any data feed you connect. You remain responsible for every statement made on a call answered in your name, and for complying with the laws that govern your business — including real estate agent licensing, underquoting and price representation laws, residential tenancies legislation, and the prohibitions on misleading or deceptive conduct in the ACL. Nothing in the Service relieves you of those obligations, and we do not provide real estate, legal or financial advice.

4.5 Custom instructions

You own and are responsible for the custom instructions and configuration you give your Assistant. You warrant that they will not cause the Assistant to say anything unlawful, misleading, deceptive, defamatory or discriminatory, and that you have the right to use any content you supply.

5. AI Output

AI Output is generated by probabilistic AI models. It can be inaccurate, incomplete, out of date, or entirely fabricated, even when it reads as confident and plausible. Speech recognition can mishear names, numbers, addresses and amounts. Summaries and structured call records can misstate or omit what a Caller said.

AI Output is not legal, financial, valuation, taxation or property advice, and must not be presented to a Caller as advice. You must review AI Output and verify it independently before relying on it or acting on it, and you must not rely on it as your sole record of a call.

Nothing an Assistant says is a representation, warranty, offer or advice by Call Whenever. AI Output does not bind us, does not create any contract between us and a Caller, and does not form part of any contract between you and a Caller. As between you and us, AI Output generated under your account is treated as a statement made by you.

6. Fees and subscription

Fees are set out on our pricing page and are in Australian dollars, inclusive of GST unless stated otherwise. Your subscription includes a monthly allowance of call minutes and a number of seats.

• Overage. Call minutes used beyond your monthly allowance are billed at the per-minute rate (priced per-second) published on our pricing page at the time of use.
• Additional seats. Extra seats are billed monthly at the published per-seat rate and are charged from the date they are added.
• Renewal. Subscriptions renew automatically each month until cancelled. You may cancel at any time from your account; cancellation takes effect at the end of the current billing period, and there is no lock-in contract.
• Money-back guarantee. We offer a 7-day money-back guarantee on your subscription. If you tell us within 7 days of your first subscription payment that you want a refund, we will refund that payment. The guarantee applies to subscription fees, not to per-minute overage charges already incurred.
• Non-payment. If a payment fails we may suspend the Service after giving you notice and a reasonable opportunity to fix it.
• Price changes.We may change our fees on at least 30 days’ written notice. If you do not accept a change you may cancel before it takes effect, and the change will not apply to you.

Telephone numbers provisioned for you are supplied through our telephony provider and are subject to its terms and to carrier requirements. Number availability and porting are not guaranteed.

7. Intellectual property, ownership and grants

Your data. You own your Customer Data. You grant us a non-exclusive, worldwide licence to host, store, transmit, process, display and otherwise use Customer Data to the extent necessary to provide, support and secure the Service, and to comply with the law. That licence ends when the data is deleted.

Our platform. We own the Service and all intellectual property in it, including the software, prompts, templates, models we develop, designs, documentation and branding. Nothing in these Terms transfers any of it to you.

Feedback. If you give us suggestions or feedback, we may use them without restriction or obligation to you.

Deletion. After your subscription ends we retain Customer Data so you can export it, and then delete it. You may ask us to delete it sooner.

8. Aggregate statistics

We may compile aggregated, de-identified statistics about how the Service is used — such as call volumes, durations, response times and feature usage — and use them to operate, improve and promote the Service. Those statistics never identify you, your business or any Caller.

9. Communications

By creating an account you agree that we may send you service messages about your account, billing, security and changes to the Service. These are not marketing messages and you cannot opt out of them while you hold an account. You may opt out of marketing messages at any time.

10. Term and termination

These Terms apply from when you first use the Service until your account is closed.

You may cancel at any time as described in section 6. We may suspend or terminate your access:

• immediately, if you use the Service unlawfully, or in a way that risks harm to Callers, to us or to our other customers;
• if you materially breach these Terms and do not remedy the breach within 14 days of notice; or
• for convenience, on 30 days’ written notice, in which case we will refund the unused portion of any fees you have paid in advance.

On termination your right to use the Service ends, and section 7 governs your data. Sections that by their nature should survive termination do so.

11. Changes to these Terms

We may amend these Terms. We will publish the amended Terms on this page and, where the change is material, notify you by email or in the dashboard at least 30 days before it takes effect. If you do not accept a material change you may cancel before it takes effect. Continued use after that date means you accept the amended Terms.

12. Indemnity

You indemnify us against any liability, loss, damage, cost or expense (including reasonable legal costs) that we suffer as a result of a claim, demand, investigation or proceeding brought by a third party — including a Caller, a regulator or an ombudsman — arising out of:

• your recording of calls without the notice or consent required by law;
• your breach of privacy law in relation to Callers’ personal information;
• your custom instructions, Assistant configuration, listing data or other Customer Data;
• any representation made on a call answered in your name, or your reliance on AI Output;
• your breach of section 2 (prohibited uses) or section 4 (your responsibilities); or
• your breach of any law applicable to your business.

13. Disclaimer of warranties

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded. If the ACL applies and we breach a consumer guarantee, our liability is limited, to the extent permitted by section 64A of the ACL, to (at our option) re-supplying the services or paying the cost of having them re-supplied.

Subject to that, and to the extent permitted by law, the Service is provided “as is” and “as available”, and we exclude all other warranties, whether express, implied or statutory, including as to merchantability, fitness for a particular purpose, accuracy and non-infringement.

In particular, we do not warrant that the Service will be uninterrupted, timely, secure or error-free; that every call will be answered, recorded, transcribed or notified; that AI Output will be accurate or complete; or that the Service will produce any particular commercial result.

The Service depends on third parties, including telephony carriers, voice AI, speech, language model and listing data providers, and cloud infrastructure. We are not responsible for their outages, failures, changes to their services, or the terms on which they operate, and no service level is guaranteed on our published plans unless we agree one with you in writing.

14. Limitation of liability

Subject to section 13, and to the extent permitted by law:

• neither party is liable to the other for any indirect or consequential loss; and
• we are not liable for any loss of profit, loss of revenue, loss of business opportunity, loss of leads or enquiries, loss of commission, loss of goodwill or reputation, loss of anticipated savings, or loss or corruption of data, however arising, whether or not that loss was foreseeable and whether the claim is in contract, tort (including negligence), statute or otherwise.

Our total aggregate liability arising out of or in connection with these Terms and the Service is limited to the fees you paid us in the 12 months before the event giving rise to the liability.

Our liability is reduced proportionately to the extent that your act or omission — or that of your personnel — caused or contributed to the loss, including any failure to review AI Output as required by section 5.

Nothing in this section limits liability that cannot be limited at law, including liability for fraud or for death or personal injury caused by our negligence.

15. Governing law and disputes

These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.

Before starting proceedings, each party agrees to notify the other in writing of the dispute and to try in good faith to resolve it within 20 business days. This does not prevent either party from seeking urgent interlocutory relief.

16. International use

The Service is provided from Australia for use in Australia. If you use it elsewhere, or accept calls from outside Australia, you are responsible for complying with the laws that apply there, and we make no representation that the Service is appropriate or available for use in any other jurisdiction.

17. General

Notices. We may give you notice by email to your account address or through the dashboard. You may give us notice at leo@callwhenever.ai.

Assignment. You may not assign these Terms without our written consent. We may assign them to a related entity or in connection with a sale or restructure of our business.

Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including carrier or cloud provider outages, natural disasters and acts of government. This does not excuse an obligation to pay.

Severability and waiver. If a provision is unenforceable it is severed and the rest continues to apply. A failure to enforce a right is not a waiver of it.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service and replace any earlier understanding. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

18. Contact us

Questions about these Terms can be sent to leo@callwhenever.ai.

Call Whenever Pty Ltd
ABN 49 697 478 587  ·  ACN 697 478 587