These terms apply between Intelox Pty Ltd (ACN 700 471 665, ABN 21 700 471 665) of 12/17 Colac Grove, Belmont VIC 3216 ("Intelox", "we") and the business that signs up for our services ("you", "the Client").
1. The services
1.1Intelox provides an AI call agent, AI messaging over SMS and WhatsApp, workplace automation, an optional n8n integration, and cybersecurity services ("the Services"), as described in your quote or invoice.
1.2The call agent is an automated system that makes and answers calls, answers queries (including over WhatsApp), and completes tasks for you, such as bookings, reservations, meetings and orders.
1.3The n8n integration is optional and will be available once Intelox's agreement with n8n is in place. If you turn it on, the Services send and receive data through n8n Cloud under that agreement. If you do not turn it on, no data is sent to n8n.
1.4We will provide the Services with due care and skill, and as described in the Service Level Agreement.
2. Your permission for the agent to act for you
2.1You authorise Intelox and the call agent to call, text, email and message people on your behalf, for the purposes you set up in your account.
2.2You authorise the agent to complete actions you enable, such as making, changing or cancelling bookings. You are responsible for the actions you enable.
2.3You confirm you have the right to contact the people you ask us to contact, including any consent needed under the Spam Act 2003 and the Do Not Call Register Act 2006.
2.4You must tell us which of your use cases are sales or marketing. For those calls, we will check numbers against the Do Not Call Register and apply permitted calling hours.
3. Sending messages under your name
3.1You authorise Intelox to send SMS and other messages using your business name as the sender name.
3.2You confirm you own or are entitled to use that business name, and that you will help us register it where the law requires sender ID registration.
3.3You can withdraw this permission at any time by written notice. We will stop using your name within 5 business days.
4. How the agent identifies itself
4.1The agent introduces itself by name, says it is calling from Intelox on your behalf, and states that the call is recorded.
4.2If a person asks whether they are speaking with a human, the agent will say it is automated. The agent will never claim to be a human.
4.3Emails and written messages sent by the agent include a note that they were sent by an automated assistant.
5. Personal information
5.1Intelox holds personal information to provide the Services, including call recordings, transcripts, contact details and booking details.
5.2Intelox does not sell personal information, and does not rent or trade it to third parties.
6.2You must keep your account login details secure and tell us promptly about any unauthorised use.
6.3You must give accurate information to set up the agent, such as business hours, prices and booking rules.
7. Fees and payment
7.1Fees are set out in your quote or invoice. We do not publish standard prices.
7.2Fees are in Australian dollars. Our invoices are tax invoices showing our ABN and GST.
7.3Your plan fee is charged monthly in advance through Stripe.
7.4Call minutes are bought in advance as prepaid bundles. When a bundle is used up, you can buy another. Unused minutes [expire at the end of each month / roll over / never expire].
7.5We may change fees by giving you at least 14 days' written notice. If you do not accept the change, you may cancel before it takes effect without any cancellation fee.
8. Changes to these terms
8.1We may change these terms by giving you at least 14 days' written notice.
8.2If a change is materially negative for you, you may end these terms before the change takes effect and receive a pro-rata refund of prepaid fees for the unused period.
8.3We will not change these terms in a way that removes your rights under the Australian Consumer Law.
9. Term and ending the agreement
9.1These terms start when you sign up and continue until either party ends them.
9.3Either party may end these terms by written notice if the other party materially breaches them and does not fix the breach within 14 days of notice.
9.4We may suspend the Services immediately if your use seriously breaches the Acceptable Use Policy or the law, or puts people or our systems at risk. We will tell you why and restore the Services once the issue is fixed.
9.5After the agreement ends, we will return or delete your data as set out in the Data Processing Agreement.
10. Liability
10.1Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
10.2Where the law allows, our liability for failure to comply with a consumer guarantee for services not ordinarily acquired for personal, domestic or household use is limited to supplying the services again or paying the cost of having them supplied again.
10.3Subject to clauses 10.1 and 10.2, each party's total liability under these terms is limited to the fees paid by the Client in the 12 months before the claim.
10.4Neither party is liable for indirect or consequential loss, except to the extent the law does not allow this exclusion.
10.5The limits in this clause do not apply to either party's liability for breach of confidentiality, breach of privacy obligations, or fraud.
11. Intellectual property
11.1Intelox owns the software, the call agent and our materials. You receive a licence to use them while you are a client.
11.2You own your data, business information, and the recordings and transcripts of your calls, subject to the Privacy Policy.
12. Confidentiality
Each party must keep the other's confidential information confidential and use it only for this agreement, unless disclosure is required by law.
13. Disputes
13.1If a dispute arises, either party may give written notice and both parties will try in good faith to resolve it within 30 days.
13.2If it is not resolved, either party may take other action.
14. Governing law
These terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that state and the Commonwealth courts sitting there.