Terms and Conditions

AI Voice Answering Platform

1. Definitions

• “AI Agent” means the automated conversational voice system provided as part of the Service.
• “Party B Data” means all audio, recordings, transcripts, metadata, caller inputs and other data submitted to or generated through the Service.
• “Service” means the AI-powered voice answering, call handling, routing, transcription, analytics and related services provided by Party A.
• “Subscription Term” means the period during which Party B is authorised to use the Service.
• “Party A” means the service provider, HGI Australia.
• “Party B” means the Party B who uses the service.

2. Provision of Service

2.1 Party A will provide the Service on a software-as-a-service basis during the Subscription Term.
2.2 Party B acknowledges the Service:

• is automated
• uses machine learning technologies
• may produce inaccurate or incomplete outputs
• is not a human answering service

2.3 Party A may modify, update, or enhance the Service at any time provided material functionality is not substantially degraded.

3. AI-Specific Acknowledgements

3.1 Party B expressly acknowledges that artificial intelligence and speech recognition technologies are probabilistic and may generate:

• incorrect transcriptions
• misinterpreted caller intent
• inaccurate responses
• incomplete data capture

3.2 Party B assumes all risk for:

• business decisions made using the Service
• reliance on AI outputs
• actions taken based on call handling results

3.3 Party B must implement human review processes where communications are material, urgent, safety-related, financial, medical or legally significant.

5. Party B Obligations

Party B must:

1. review call flows responsibly
2. regularly monitor messages and transcripts
3. maintain appropriate human oversight
4. ensure all scripts and knowledge bases are accurate
5. comply with all applicable laws including telecommunications, privacy and surveillance laws
6. clearly disclose AI use where legally required

6. Call Recording, Monitoring and Consent

6.1 Party B acknowledges calls may be: Recorded, Transcribed, analysed by AI systems, and stored on cloud infrastructure.
6.2 Party B is solely responsible for obtaining all required consents from callers under applicable laws (including the Privacy Act 1988 (Cth) and state surveillance laws).
6.3 Party A is not responsible for Party B’s failure to obtain lawful consent.
6.4 Party B grants Party A a worldwide licence to process Party B Data to provide and improve the Service.

7. Acceptable Use

Party B must not use the Service to:

• violate the Do Not Call Register Act 2006 (Cth)
• conduct unlawful telemarketing
• impersonate individuals deceptively
• transmit unlawful, harmful or misleading content
• operate high-risk use cases without human oversight

Party A may suspend Service immediately for suspected violations.

8. Fees and Payment

8.1 Fees are as set out in the Order Form.
8.2 Usage-based charges (including additional number of calls, telephony costs, or AI processing) may apply.
8.3 Party A may suspend Service for overdue amounts.
8.4 Fees are non-refundable.

9. Service Levels and Availability

9.1 The Service is designed for 24/7 availability but is not guaranteed to be uninterrupted or error-free.
9.2 Availability may be affected by carrier outages, third-party providers, AI processing limitations, or maintenance.
9.3 Scheduled maintenance may occur with reasonable notice.

10. Data Security

10.1 Party A will implement commercially reasonable technical and organisational measures to protect Party B Data.
10.2 Party B acknowledges that no internet transmission is completely secure.
10.3 Party A is not liable for unauthorised access caused by Party B misconfiguration, compromised credentials, or third-party breaches outside Party A’s reasonable control.

11. Intellectual Property

11.1 Party A retains all rights in the Service, AI models and platform.
11.2 Party B retains ownership of Party B Data.
11.3 Party B grants Party A a licence to use de-identified data to improve AI models, develop features, and enhance speech systems.

12. Warranties Disclaimer

To the maximum extent permitted by law, the Service is provided “as is” and “as available” and Party A disclaims all warranties, including: Accuracy, fitness for purpose, uninterrupted operation, and error-free performance. Nothing excludes non-excludable guarantees under the Australian Consumer Law.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, Party A is not liable for: missed or mishandled calls, incorrect AI responses, lost profits, or consequential loss.
13.2 Party A’s aggregate liability is capped at the lesser of: fees paid in the preceding 12 months; or AUD $1,000.00.
13.3 This limitation applies whether in contract, tort, negligence or otherwise.

14. Indemnity

Party B indemnifies Party A against all claims arising from Party B’s unlawful use, failure to obtain caller consent, telemarketing breaches, or misleading scripts.

15. Suspension

Party A may suspend immediately where there is legal risk, suspected fraud, non-payment, or regulatory inquiry.

16. Term and Termination

16.1 Either party may terminate for material breach not remedied within 30 days.
16.2 Party A may terminate immediately for unlawful use.
16.3 Upon termination, access will cease and data handled per the Data Retention Policy.

17. Privacy

Use of the Service is subject to the Privacy Policy.

18. Governing Law

These Terms are governed by the laws of Queensland, Australia.