Terms of Service

1. Binding Agreement

This Terms of Service agreement ('Agreement' or 'Terms') is a legal contract between AIVOX PTY LTD ('AIVOX', 'we', 'us', or 'our') and the person or entity ('User', 'Customer', or 'you') using our AI-powered voice agent platform and related services ('Service').

By registering or using the Service, you agree to be bound by these Terms. If you use the Service on behalf of a business, you confirm that you have authority to bind that business.

These Terms form a standard form contract and are subject to the unfair contract terms regime under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Sch 2) and, where applicable, the ASIC Act 2001 (Cth). Nothing in these Terms excludes rights that cannot be excluded under Australian law.

1A. Our AI Voice Agents

AIVOX deploys AI voice agents that interact directly with your callers. We disclose the following:

• Callers who interact with an AIVOX-powered agent are speaking with an AI system, not a human. You are encouraged to include a clear disclosure in your agent's greeting.
• AI voice agents may use personal information (including voice, name, and intent data) to provide automated responses and to perform actions such as calendar bookings.
• Where our AI systems make or directly support automated decisions that may affect individuals, we will provide appropriate disclosures in accordance with applicable privacy laws.

2. Service Description & AI Disclosure

AIVOX provides a cloud-based Software-as-a-Service (SaaS) platform that uses Artificial Intelligence (AI) to automate voice interactions, messaging, and workflow automation.

AI-generated responses are automated and may not always be accurate, complete, or suitable for every situation. You acknowledge that AI responses should be reviewed and monitored where appropriate.

Feature changes: Where AIVOX intends to make a material change to features or discontinue a feature that you are actively using, we will provide at least 14 days' written notice by email to your registered address. Non-material changes (including improvements, bug fixes, and new features) may be made without notice.

3. Eligibility

You must be at least 18 years old and legally capable of entering a binding agreement. By accepting these Terms, you represent that you meet these requirements.

4. Acceptable Use Policy

You agree not to:

• Use the Service for unlawful telemarketing or spam calls
• Make outbound calls or send messages without appropriate consent from recipients
• Engage in fraudulent, deceptive, or misleading activity
• Impersonate individuals or businesses without consent
• Transmit harmful, offensive, or misleading content
• Attempt to reverse-engineer, decompile, or circumvent the platform's technical measures
• Use the Service to collect sensitive personal information (including health, financial, or biometric data) from callers unless you have a lawful basis under applicable privacy, telecommunications, spam, surveillance and consumer protection laws
• Resell, sublicense, or white-label the Service without AIVOX's prior written consent

Prohibited use — high-risk activities: The Service is not designed for emergency services, medical diagnosis, healthcare decision-making, legal advice, financial advice, crisis intervention, or any activity where errors may result in death, personal injury, regulatory penalties, or significant financial loss. You must not use the Service for any such purpose.

5. Customer Responsibilities

You are responsible for:

• Configuring greetings, prompt, call workflows, outbound calls, and messaging content
• Ensuring call recording notices are provided where required by applicable law
• Ensuring outbound calls and messages comply with applicable privacy, telecommunications, spam, surveillance and consumer protection laws
• Maintaining accurate configuration settings
• Reviewing, monitoring, testing, approving and supervising all AI agent behaviour, workflows, prompts, knowledge bases, integrations and outputs before relying upon them
• Maintaining backup copies of important data — AIVOX's data retention periods are limited (see our Privacy Policy)
• Keeping your account credentials secure and notifying AIVOX promptly of any suspected unauthorised access

Knowledge base and content warranty: You warrant that all uploaded documents, prompts, FAQs, website content, CRM data, and knowledge base information supplied to AIVOX are accurate, lawful, current, and do not infringe any third-party rights. AIVOX is not responsible for errors, inaccurate AI responses, or customer complaints arising from incorrect or unlawful content supplied by you.

6. Outbound Calling & Messaging Compliance

If you use outbound calling or messaging features, you are responsible for ensuring compliance with all applicable privacy, telecommunications, spam, surveillance and consumer protection laws, including (without limitation):

• Spam Act 2003 (Cth) — obtaining express or inferred consent before sending commercial electronic messages, identifying your business as the sender, and including a functional opt-out mechanism
• Do Not Call Register Act 2006 (Cth) — checking numbers against the Do Not Call Register before making telemarketing calls
• Privacy Act 1988 (Cth) — handling caller personal information in accordance with the Australian Privacy Principles
• ACMA SMS Sender ID requirements — registering any custom alphanumeric Sender ID with the relevant ACMA register before use

You must ensure that recipients have provided appropriate consent before receiving communications. AIVOX is not liable for any penalties, fines, or claims arising from your non-compliance with the above laws.

7. AI Accuracy Disclaimer

The Service uses artificial intelligence, large language models, speech recognition systems, and third-party technologies to generate responses and perform tasks.

AIVOX does not guarantee that any response, transcript, booking, action, recommendation, classification, summary, or communication generated by the Service will be accurate, complete, reliable, lawful, or suitable for any particular purpose.

The Customer is solely responsible for reviewing, monitoring, testing, approving and supervising all AI agent behaviour, workflows, prompts, knowledge bases, integrations and outputs before relying upon them.

The Customer acknowledges that AI systems may generate inaccurate, misleading, incomplete or unexpected outputs and accepts all risks associated with the use of such outputs.

8. No Guarantee of Call Handling

AIVOX does not guarantee that every inbound or outbound call, voicemail, SMS, booking request, appointment request, lead enquiry, customer enquiry or communication will be answered, processed, completed, recorded, transcribed or delivered successfully.

Telecommunications networks, internet services, third-party providers, cloud infrastructure, AI providers and external systems may experience delays, failures, interruptions or outages.

The Customer acknowledges that missed calls, dropped calls, incorrect bookings, duplicate bookings, failed transfers, failed notifications, incorrect transcriptions and delayed responses may occur from time to time and AIVOX shall not be liable for any resulting losses.

9. Service Plans, Fees & Usage

9.1 Subscription Plans

The Service is offered on a subscription basis. Fees are billed in advance and charged in AUD. Usage-based charges may apply depending on call volume, message usage, or additional services used.

Free trial: Where a free trial period is offered, the duration of the trial and what occurs at the end of the trial period (including whether a payment method is required upfront) will be clearly stated during signup.

9.2 Usage Allowances

Subscription plans include usage allowances as specified in the applicable plan at signup. Usage exceeding included allowances may incur additional charges or result in temporary throttling, suspension, or an upgrade requirement. Unused allowances do not roll over to future billing periods unless expressly stated.

9.3 Fee Changes

AIVOX will provide at least 14 days' written notice by email before increasing subscription fees. If you do not wish to continue under the new pricing, you may cancel your subscription before the new pricing takes effect.

9.4 Payment & Failed Payments

• Payments must be made on time via the payment method on file
• Failed payments may result in suspension of the Service — we will notify you by email and allow at least 7 days to resolve the outstanding payment before suspension

9.5 Chargeback Policy

Customers must first contact AIVOX to resolve any billing dispute before initiating a chargeback or payment reversal with their financial institution. Unjustified chargebacks may result in immediate account suspension and recovery of associated costs including chargeback fees.

10. Service Availability & SLA

AIVOX targets 99.5% monthly uptime for the core platform, excluding scheduled maintenance windows. Scheduled maintenance will be notified at least 24 hours in advance where reasonably practicable.

Service interruptions may occur due to third-party network failures, force majeure events, or technical issues outside our reasonable control. We are not responsible for missed calls, failed bookings, or delayed responses caused by such interruptions.

11. Third-Party Services

The Service depends on third-party providers including telecommunications networks, cloud infrastructure, AI model providers, and messaging services. Key providers include voice and AI processing services, cloud infrastructure, and payment processors located in Australia and overseas.

AIVOX is not responsible for outages, pricing changes, service interruptions, policy changes, API changes, rate limits, or discontinuation of services by third-party providers used to deliver the Service.

We will use reasonable endeavours to notify you of material third-party outages affecting the Service.

12. Suspension for Platform Protection

In addition to clause 9.4, AIVOX may immediately suspend services, without prior notice, where your usage or conduct threatens platform stability, security, telecommunications compliance, fraud prevention, or creates excessive costs or regulatory risk for AIVOX or other customers. AIVOX will notify you as soon as practicable following any such suspension.

13. User Content, Data & AI Training

You may upload documents, knowledge base content, or other materials ('Customer Content') to the Service.

You are responsible for ensuring uploaded content does not violate any laws or third-party intellectual property rights.

• You retain all ownership of your Customer Content
• You authorise AIVOX and its service providers to process Customer Content as reasonably required to provide the Service
• AIVOX does not use Customer Content to train public AI models unless expressly agreed in writing
• You must not upload illegal, defamatory, or restricted materials
• You must not upload personal information about third parties beyond what is necessary to operate your configured call workflows

14. AI Limitations & No Professional Advice

You acknowledge that:

• AI-generated responses may be inaccurate, incomplete, or contextually inappropriate
• AI voice agents may misunderstand callers, especially in noisy environments or for complex queries
• AI should not replace human verification for important decisions
• The Service does not constitute professional advice of any kind — legal, medical, financial, or otherwise
• As AI and privacy laws continue to evolve, AIVOX will update its disclosures and practices in accordance with applicable laws

15. Privacy & Call Recording

You are responsible for notifying callers when recording or monitoring occurs, in accordance with applicable privacy, telecommunications, spam, surveillance and consumer protection laws.

In particular, businesses operating in Victoria, South Australia, Western Australia, and Tasmania must obtain all-party consent before recording a call. AIVOX provides configurable greeting tools to assist with disclosure; however, compliance with consent requirements is your responsibility.

AIVOX handles personal information in accordance with its Privacy Policy, which forms part of this Agreement.

16. Confidentiality

Each party ('Receiving Party') agrees to keep confidential all non-public information of the other party ('Disclosing Party') that is designated as confidential or that reasonably ought to be understood as confidential given the nature of the information and circumstances of disclosure ('Confidential Information').

Each Receiving Party agrees to: (a) use Confidential Information only for the purpose of performing its obligations or exercising its rights under this Agreement; (b) not disclose Confidential Information to any third party without the Disclosing Party's prior written consent, except to employees, contractors, or service providers who need to know it and are bound by confidentiality obligations no less protective than those in this clause; and (c) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.

These obligations do not apply to information that: (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was already known to the Receiving Party before disclosure; (iii) is received from a third party without restriction; or (iv) is required to be disclosed by law, regulation, or court order, provided the Receiving Party gives prompt written notice to the Disclosing Party where legally permissible.

17. Intellectual Property

AIVOX retains all ownership of the Service, including the platform software, technology, and associated intellectual property. You are granted a limited, non-exclusive, non-transferable licence to access and use the Service during your subscription period, for your own internal business purposes only.

You retain all ownership of your Customer Content and account data.

Feedback: If you provide feedback or suggestions about the Service, you grant AIVOX a perpetual, royalty-free licence to use that feedback to improve the Service, without obligation to you.

18. Limitation of Liability

To the maximum extent permitted by law, AIVOX PTY LTD's total aggregate liability arising out of or in connection with the Service, these Terms, or any related claim, whether in contract, tort (including negligence), statute or otherwise, is limited to the total subscription fees actually paid by the Customer to AIVOX during the one (1) month immediately preceding the event giving rise to the claim.

To the maximum extent permitted by law, AIVOX is not liable for any indirect, consequential, incidental, special, exemplary or punitive damages, including loss of profits, loss of revenue, loss of customers, loss of goodwill, loss of opportunity, loss of business, loss of data, missed calls, missed bookings, failed appointments, incorrect information provided by an AI agent, telecommunications failures, or business interruption.

Nothing in these Terms excludes any consumer guarantees or rights that cannot be excluded under the Australian Consumer Law. Where liability cannot be excluded, AIVOX's liability is limited to re-supplying the relevant services or paying the cost of having those services supplied again, at AIVOX's election.

19. Indemnity

You agree to indemnify and hold harmless AIVOX PTY LTD, its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal costs) arising from:

• Your misuse of the Service in breach of these Terms
• Your outbound calling or messaging activities
• Your uploaded Customer Content
• Your failure to comply with applicable laws
• Any telecommunications breaches or spam violations arising from your use of the Service
• Any privacy complaints, call recording complaints, or regulatory investigations arising from your configuration or use of the Service

This indemnity does not apply to the extent that any claim arises from AIVOX's own negligence, fraud, or wilful misconduct.

20. Termination

20.1 Cancellation by you

You may cancel your subscription at any time via the account dashboard or by contacting support. Cancellation takes effect at the end of the current billing period. No refund is provided for the remaining portion of a prepaid billing period, except where required by law.

20.2 Suspension or termination by AIVOX

We may suspend or terminate your account for: (a) non-payment after a 7-day cure notice; (b) material breach of these Terms that is not remedied within 14 days of written notice; or (c) conduct that poses an immediate risk to the platform, telecommunications compliance, or other users (in which case immediate suspension may apply with notice provided as soon as practicable).

21. Force Majeure

Neither party is liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, pandemics, government actions, infrastructure failures, or internet outages. The affected party must notify the other as soon as practicable and take reasonable steps to minimise the impact.

22. Changes to Terms

AIVOX may update these Terms from time to time. For material changes that reduce your rights or increase your obligations, we will provide at least 14 days' written notice by email to your registered address before the changes take effect. You may terminate your subscription before the effective date if you do not accept the changes.

For non-material changes (including corrections, clarifications, or additions that do not reduce your rights), we will update the Terms on our website with the effective date. Continued use after the effective date constitutes acceptance of non-material changes.

23. Dispute Resolution

Before commencing legal proceedings, the parties agree to attempt to resolve any dispute through the following process:

1. Step 1 — Notice: The complainant notifies the other party in writing with details of the dispute.
2. Step 2 — Good faith negotiation: The parties must attempt to resolve the dispute in good faith within 15 business days of the notice.
3. Step 3 — Mediation: If unresolved, either party may refer the dispute to mediation administered by the Australian Commercial Disputes Centre (ACDC) or a mutually agreed mediator. Costs of mediation are shared equally.
4. Step 4 — Courts: If mediation fails, either party may pursue the matter in a court of competent jurisdiction in New South Wales.

Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court.

24. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

25. Assignment

You may not assign or transfer your rights or obligations under these Terms without AIVOX's prior written consent. AIVOX may assign its rights and obligations to a related body corporate or in connection with a merger, acquisition, or sale of substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

26. Survival

The following clauses will survive termination or expiry of this Agreement and continue in full force: fees and payment obligations accrued prior to termination; intellectual property; confidentiality; indemnities; limitation of liability; dispute resolution; governing law; and any other provisions that by their nature are intended to survive termination.

27. Entire Agreement & Severability

These Terms, together with the Privacy Policy and any order form or plan description accepted at signup, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements, representations, and understandings.

If any provision of these Terms is found to be invalid, unenforceable, or void by a court of competent jurisdiction, that provision is severed and the remaining Terms continue in full force and effect.

28. Contact Information

For legal notices under these Terms, please mark your communication 'Attention: Legal' and send to the email address below. Legal notices are effective upon confirmation of receipt.